CHAPTER 4

SHORT TERM, TEMPORARY, AND OUT-OF-SERVICE STORAGE FACILITIES

 

A.  SELECTED DEFINITIONS

 

Incidental to Transportation refers to any storage or handling which may occur between the time a hazardous material is offered for transportation to a carrier until it reaches its intended destination and is accepted by the consignee.  This includes storage or handling of a hazardous materials shipment during this time period at a carrier's terminal, consolidation, or storage facility, on a dock area waiting for loading, in a parked vehicle or at any time storage or handling is incidental to transportation.  

If a shipment is offered for transportation, then any storage or handling between offering and delivery to the end user is considered incidental to transportation. If the shipment is consigned by the offerer to a consignee which is a storage facility rather than to an end user, then the shipment is out of transportation once received and unloaded at the storage facility and this storage is not considered to be incidental to transportation even though it will be offered for transportation again at a future date.

Short Term Storage Facility means a storage facility containing hazardous materials that are incidental to transportation.

Temporary Storage Facility means any storage facility containing hazardous materials for a limited time period and are not stored or handled incidental to transportation.  Temporary storage facilities include, but are not limited to, such activities as construction sites, emergency remediation sites, and other sites where hazardous materials activities may be conducted for periods of limited duration.  A temporary storage facility does not mean any vehicle which contains hazardous materials covered by active shipping papers.

 

B.  SUBPART B: SHORT TERM STORAGE FACILITY    33-18.16B.1

 

Classification.  A hazardous materials storage and handling permit with a short term storage facility classification is for all short term storage facilities where any hazardous material as defined below is placed in, on, or about the storage facility.  Persons or entities subject to a short term storage facility classification must meet and maintain the requirements of this subpart.

Hazardous Materials Defined .  For use in Subpart 33-18.16B only, and when referring to hazardous materials in the context of being contained in a short term storage facility, hazardous material means any substance or product which

  • is designated by the Secretary of Transportation to be capable of posing an unreasonable risk to health, safety and property when transported in commerce; or

  • is a hazardous substance; or

  • is a hazardous waste; or

  • is a marine pollutant; or

  • is an elevated temperature materials as defined in 49 CFR §171.8; or

  • is designated as hazardous under the provisions of 49 CFR Part 172.101 including substances listed in 172.101, Appendix A where the quantity in a single container which meets or exceeds the reportable quantity (RQ), or is mixed in solution in concentrations which meet or exceed the reportable quantity (R.Q.) established for that substance; or

  • meets the defining criteria for hazard classes and divisions in 49 CFR Part 173; or

  • is designated as a hazardous waste as that term is defined in 40 CFR 261, and any appendices thereto, and 49 CFR Part 171 and any appendices thereto.

(This definition omits certain categories that are present in “hazardous materials” definition at §33-17 of the Ordinance, ie. EPA pollutants per 40 CFR 141; materials designated by OSHA as hazardous; or materials for which a MSDS is required to be prepared and maintained.  The user is cautioned that if the Ordinance is less stringent than a Federal regulation, the user must comply with the Federal regulation where applicable.)

48 Hour Rule.  A short term storage facility will lose its short term storage facility classification, and will need to meet the requirements for long term storage facilities on the current and future permits if the permittee receives a hazardous materials shipment to its short term storage facility and does not forward it to the consignee within forty-eight (48) hours of its receipt, or does not either

  • place the shipment in suitable storage as defined by the Department of  Transportation or as defined by the Environmental Protection Agency when shipments involve hazardous wastes (Note: Suitable storage of explosives shall include at least an appropriate isolation distance to be established under the conditions of the permit and the Fire Department); or

  • return the shipment to the consignor; or

  • dispose of the shipment in a manner consistent with the Department of  Transportation's rules and regulations.

(Note: This “48 Hour Rule” is modeled after the original US DOT regulation 177.853, which DOT deleted in April, 1996.  DOT’s current rule on this matter is less specific, and is found at 177.800(d).)

 

Shipping Papers, Packaging, Labeling and Placarding 33-18.16B.2      

 

Vehicle Placarding.   All vehicles loading or unloading hazardous materials at a short term storage facility shall be placarded in conformance with 49 CFR Part 172 subpart F and 49 CFR Part 177.817.

Packaging.  All packages, containers, drums and storage devices used for shipment, handling, transfer or storage of hazardous materials or wastes at a short term storage facility shall meet the performance, integrity, and certification standards established for such containers in 49 CFR Part 173 et seq.

Labeling.  All packages, containers, drums or other storage devices that are used for the shipment handling or transfer of hazardous materials and/or wastes at short term storage facilities shall be labeled in conformance with 49 CFR Part 172 subpart E.

Shipping Papers.  All vehicles engaged in the transportation of hazardous materials or wastes shall have proper shipping papers, manifests or bill(s) of lading as required under 49 CFR Part 172, subpart C.   Copies of all such papers required under 49 CFR Part 172, subpart C, to be maintained by facilities covered under this article shall be made available for inspection by applicable local, state, and federal enforcement agencies.

 

Short Term Storage 33-18.16B.3

 

Facility Standards: All short term storage facilities shall meet and maintain the following standards. 

Safe Handling.  All loads of hazardous materials or wastes loaded, unloaded, stored at, or leaving the premises shall meet all standards established under 49 CFR Parts 100 -199 for the safe packaging, storage, loading, unloading, and transportation of said materials;

Separation of Materials.   All loads of hazardous materials shall be properly segregated as provided in 49 CFR Part 177.848 and its appendices and tables;

Equipment.  All equipment and facilities used for loading, transporting and handling hazardous materials, including but not limited to, dock plates, pallet jacks, fork trucks, lifts, hoist or other material handling devices be maintained in proper working condition at all times;

OSHA Requirements.   Routine  inspection and certification programs as required by the Occupational Safety and Health Administration (OSHA) for such equipment and facilities as listed above in this section shall be developed and maintained as part of the facilities operating records and shall be made available for inspection at all times; [Note to Guidance Manual users: Consider especially the training requirements of 1910.66, 1910.94, 1910.110, 1910.134, 1910.147, 1910.151, 1910.155, 1910.157 and 1910.178.]

Drainage Systems. Pursuant to the Federal and Texas Clean Water Act requirements to control all point source and non-point source discharges of chemical contamination, all interior floor and/or sewer drains and exterior storm water drains located in the short term storage  facility shall be blocked plugged or otherwise be made capable of isolation to prevent the flow of any released spilled or discharged hazardous materials or waste to any storm water discharge point or direct discharge to any sewer connection.

 

Employee Training for Short Term Facilities 33-18.16B.4  

 

This section lists the employee training requirements for short term storage facilities.  It lists requirements specific to the Ordinance.  It also incorporates, by reference, certain employee training required by OSHA and by the U.S. Department of Transportation.  The specific employee training requirements of 49 CFR 172 Subpart H (172.700 -172.704); 49 CFR 177.800; 49 CFR 177.816; 49 CFR Parts 390 through 397; and 29 CFR 1910.1200 are explained more fully in  CHAPTER 6 –  EMPLOYEE TRAINING AND TRAINING RECORDS.

Training Required.   All employees shall be trained by the permit applicant if the   employee will be working at the permitted short term storage facility.

Training Curriculum.  The applicant's employees shall be trained as follows: 

All hazmat employers as defined in §33‑17.1 of the Ordinance shall ensure that all hazmat employees are provided with proper training in accordance with 49 CFR Part 172 subpart H and 49 CFR Part 177.800. 

Additionally, no carrier may transport or cause to be transported a hazardous material unless each hazmat employee who will operate a motor vehicle has been trained in the applicable requirements of 49 CFR Parts 390 through 397 and the procedures necessary for the safe operation of that motor vehicle.

In addition to the training requirements set forth in 49 CFR Parts. 172, 177 and 390 through 397, all owners/operators of short term storage facilities shall provide all employees safety training as required under 29 CFR 1910.1200, including but not limited to, Hazard Communication and Emergency Response Training.

Training Records.   All short term storage facilities must create and maintain employee training records in accordance with applicable state and federal   requirements. All such employee training records shall be made available for inspection if requested by the Fire Department.

 

Emergency Response Plans 33-18.16B.5     

 

Plan Submittal.   All short term storage facilities shall establish and implement a current written emergency response plan (ERP) which must be filed with the permit application and be available at the short term storage facility for inspection.

ERP Content.   The ERP shall include the following:

  • Requirements as set forth under 49 CFR Part 172 subpart G and 49 CFR Part 177 et seq.;

  • A description of the emergency response plans and procedures the short term storage facility intends to take in the event of a reportable release or threatened release of a hazardous material which shall include, but not be limited to, the  immediate notification to the Fire Department:

  • A description of the procedures for the mitigation of a release or threatened release to minimize any potential harm or damage to persons, property, or the environment;

  • A description of evacuation plans and procedures for person at the short term storage facility which shall at least include immediate audible notice and warning to all persons on the site.

 

Hazardous Materials Inventory Statement  33-18.16B.6

 

All short term storage facilities which may contain hazardous materials shall have a current hazardous materials inventory statement (HMIS) which must be filed with the permit application.  The HMIS shall be the same as that required under the Emergency Planning and Community Right to Know Act (EPCRA), 42 U.S.C. section 11000 et. seq.

 

Posting of Emergency Procedures.  33-18.16B.7     

 

All short term storage facilities shall have a current copy of the permittee's HMIS and ERP in a large metal US Postmaster approved mail box which is clearly labeled in a marked area accessible to the Fire Department.

 

Subpart Construction 33-18.16B.

 

Nothing in this subpart shall be construed to conflict with, impede, interfere with, or relieve the requirements of state and federal regulations.

 

C.  SUBPART C: TEMPORARY STORAGE FACILITY

 

Temporary Storage Facility Permit Classification.  33-18.16C.1

 

Classification.    A hazardous materials storage and handling permit with a temporary storage facility classification is for all temporary storage facilities where any hazardous material may be placed in, on, or about the storage facility.

Requirements.   Persons or entities subject to a temporary storage facility classification must meet and maintain the following requirements:

Containment.    Hazardous materials which are liquid or solid at STP shall be stored in a primary and secondary level of containment which shall be installed and maintained so that all primary containment is product tight; and all secondary containment shall be as follows;

  • Where only one primary container is installed, the secondary containment shall be large enough to contain at least one hundred ten percent (110%) of the volume of the primary container; and

  • Where multiple primary containers are installed in a secondary containment, the secondary container shall be large enough to contain one hundred fifty percent (150%) of the volume of the largest primary container placed in it, or ten percent (10%) of the aggregate internal volume of all primary containers in the secondary containment whichever is greater;

HMMP. A short form HMMP shall be prepared and submitted to the hazardous materials management permit office and shall include the information required in §33-18.16A.10(B);

ERP.    An ERP shall be prepared and submitted to hazardous materials management permit office and shall include the information required in §33-18.16A.11(B);

Employee Training.   Employees shall be trained according to the requirements in §33-18.16A.12:

HMIS.  A HMIS shall be prepared and submitted to hazardous materials management permit office and shall include the information required in §33-18.16A.13(B);

Permittee inspection and records shall be done according to §33-18.16A.14.

 

D.  OUT OF SERVICE STORAGE FACILITIES 33-20

 

Closure Approval Required.   33-20.1

 

Approvals For Partial Facility Closures.   A person or entity shall apply for and obtain approval from the Fire Department to close a portion of a storage facility or storage system not less than thirty (30) days prior to the termination of the storage of hazardous materials at the portion of the storage facility or storage system.

Approval For Total Facility Closure.   A person or entity shall apply for and obtain approval from the Fire Department to totally close a storage facility not less than ninety (90) days prior to the termination of the storage of hazardous materials at the total storage facility.

Applications Required.    Each person or entity requiring additional approvals for a facility closure shall apply according to the procedures set forth §33-18.

Standards for Closures. 

Partial Closure.  A partial closure of a storage facility or system shall be in a manner that minimizes the need for further maintenance, and eliminates any substantial risk to the public health or safety or to the environment from residual hazardous materials in the storage facility or storage system.  Moreover the hazardous materials that were stored in the storage facility or storage system must be removed disposed of neutralized or reused in an appropriate manner.

Total Closure.  A total closure of a storage facility shall be in a manner that the hazardous materials that were stored in the storage facility are removed, disposed of, or neutralized in an appropriate manner; and the facility is not contaminated as a result of the storage of hazardous materials.

Requirement of a Closure Plan.   Each applicant for a partial or total closure of a   storage facility or storage system shall prepare and submit a closure plan with the   application.

Content of a Closure Plan.  A closure plan shall contain the names and addresses of the parties responsible for the closure application and closure plan; and a description of the procedures the applicant intends to make to meet the closure standards.

Continued Notification.  The responsible parties set forth in the closure plan shall notify the hazardous materials management permit office of any address change which occurs within one (1) year of the effective date of the closure of the facility.

Public Notification.  Any party may request a courtesy notice of a pending total facility closure.  Such request shall be in the form of a filed written request with the hazardous materials management permit office for notification of closure pursuant to this section.   Such request shall include five (5) self‑addressed stamped envelopes for each party requesting notification. When the five (5) included envelopes have been used for notification, the requesting party shall provide the hazardous materials management permit office with additional envelopes for notification.  

Parties who have filed such written request of any closure shall be notified within ten (10) working days of notification to the Fire Department of such closure.   Notification shall be made in writing and mailed.   Any such request shall be valid from the date filed with the hazardous materials management permit office until the next July 1st.  A renewal of request for such mailed notice shall be filed in writing on or before July 1st of each year in the manner specified above for such request to remain valid.

Out of Service Storage Facilities or Storage Systems.  33-20.2  

 

Unlawful.  It shall be unlawful for any person or entity, which may include a lessee or sub-lessee, to allow, maintain or cause a storage facility where hazardous materials were stored or are being stored to be abandoned without being in compliance with §33.20.

Closure Plans.  All storage facilities subject to 33-20.2 shall be closed in accordance with §33-20.1 which includes having a closure plan submitted to the hazardous materials management permit office and approved by the Fire Department prior to the closure.

Interest, Including a Leasehold Interest.   Any person or entity having an interest, including a leasehold interest, in real property with an abandoned storage facility located upon such property shall submit to the Fire Department a plan for the closing or removing or the upgrading and permitting of such storage facility and shall file it within ninety (90) days of its discovery.

 

Temporarily Out of Service Storage Facilities.  33-20.3

 

Long term storage facilities or storage systems which are temporarily out of service, and are intended to be returned to use, must continue to be monitored and inspected.  Any storage facility or storage system which is not being monitored and inspected on a regular plan to be submitted to Fire Department must be closed or removed according to §33-20.1.