COURSE: Guidance Manual Training      

SUBJECT: Lesson 1 -- Introduction to Ordinance: Need, Function, Application & Selected Definitions

TIME  REQUIRED:         1 hour

DATE PREPARED:        8/3/99;edit 9/24/99; 10/31/99

TRAINING AIDS:  Overhead transparencies,  Projector

OBJECTIVES:  Icebreaker between instructors and students; describe training objectives; training conduct; and introduction to Ordinance & GM. 

T’ng Aid


    Main Points


                                       Instructor Comments






OH #1


Introduce Course,

Training Purpose,  Introduce Inst. & Attendees


With the advent of NAFTA agreement, Laredo is the largest inland port in the United States.  The increase in commodity flow into and out of Mexico includes a large increase in the amount of hazardous materials (HM) flowing into and through the City.  This growth in HM transportation and support operations has significantly increased the threat these materials pose to the citizens of Laredo, to their property and to the environment.

Recognizing this increased threat, the City of Laredo has approved a Hazardous Materials Ordinance (HMO).  The HMO defines measures that are aimed at protecting  the health, safety, welfare, resources, and property of the general public through the prevention and control of unauthorized discharges of hazardous materials; and by ensuring the safe storage of hazardous materials in the City.  It also provides for increased protection and safety for City emergency response personnel in situations where hazardous materials are involved.






OH # 2



Training Objectives


Purpose of training:

Explain ordinance: origin, objectives, applicability and requirements

Discuss how Federal/State regulations reinforce Ordinance

Discuss Guidance Manual organization and uses

Describe how to prepare and/or use certain forms

1.  Permit Application form (including HMMP)

2.  Employee Training Certification

3.  Emergency Equipment Record

4.  Facility Emergency Preparedness Checklist

5.  HMIS (hazardous materials inventory statement)

6.  LFD’s Compliance Inspection Checklist

Provide Q and A Session for attendees   






OH #3


Training Outline

& Conduct of Training


Introduction to Ordinance: Need, Function, Applic’n & Selected Def’s

General Permitting Requirements

Requirements for Long Term Storage Facilities

Req’ts for Short Term, Temporary and Out-of-Service Storage Facilities

HM Discharges, ER Management, and Community R-T-K

Employee R-T-K, Employee Training, and Training Records

Transportation of HM; Inspections; Enforcement & Miscellaneous

Discussion of Forms






Q & A Session; CloseOH #4




The City’s Hazardous Materials Ordinance, and various DOT, OSHA,  EPA, and State of Texas regulations have been included in the GM in paraphrased or shortened format.  The intent is to present the regulatory requirement more concisely, more clearly, or in more easily understood language. 

Every attempt has been made to not change the meaning of the Ordinance or a regulation.  Nevertheless, it must be understood that the existing City of Laredo Hazardous Materials Ordinance, and the Federal or State of Texas regulations in their current final rule form, are the legal requirements that must be met.  It is the user’s of this responsibility to comply with the Ordinance and/or the regulations.

The City of Laredo, the authors of the Guidance Manual, and/or the trainers disclaim any liability for a person’s failure to comply with the law.







OH #5  




 management &



Need For The New Ordinance

As I said at the beginning, that with the increases in HM transportation, there are increased threats to citizens, to property and to the environment.

The potential threats from accidents or improper management of HM include:

the release of toxic gases, vapors or liquids

fires or explosions that could affect both people and property

spills involving poisonous, corrosive or radioactive materials

It is essential that both employers and employees be able to respond quickly and properly to any release or potential release of a hazardous material.


Management and Enforcement

The City of Laredo in adopting the new Hazardous Materials Ordinance has delegated the implementation, management and enforcement to the LFD


The City has also created and established the Citizen’s Environmental Committee (CEC)

CEC consults with City staff and advises the City Council, the Fire Chief and City staff on ways to minimize the danger to the citizens of Laredo that transportation and storage of HM.

 CEC also rules on appeals by persons dissatisfied with the LFD actions or decisions related to hazardous materials storage or handling permits.






OH #6










Function of the Ordinance

Features of permit system


Function of Ordinance

The HMO establishes a permit system applicable to those persons or entities who store or handle hazardous materials.  

This permit system provides the mechanism to effectively manage hazardous materials  in the City of Laredo.  The key features of this permit system are: the hazardous materials management plan, the hazardous materials inventory statement, the emergency response plan, and the  employee training plan.






OH #7





Employee T’ng


Hazardous Materials Management Plan (HMMP):

The HMMP is a written plan which must be filed with the permit application for long term storage facilities; it must demonstrate the safe storage and handling of hazardous materials in the storage facility.  With the consent of the LFD, it may be amended at any time to keep the plan current.


Hazardous Materials Inventory Statement (HMIS):

The HMIS is a document all long term storage facilities must prepare and  file with the permit application (excepting a long term minimal storage facility).

HMIS must include the hazardous material identification; the amount being handled; how and where the hazardous materials are handled; and

the name of the permittee representative on call for an emergency during non‑business hours.


Emergency Response Planning (ERP):

All long term storage facilities, except long term minimal storage facilities, must establish and implement a current written (ERP).  It must also be filed with the permit application.        

ERP must demonstrate: safe emergency response to a release or threatened release of a HM, and evacuation plans and procedures for persons at the long  term storage facility.


Employee Training:

Employees working at permitted storage facility must be trained or retrained by refresher courses on an annual basis by the permit applicant

The employee training must, at a minimum, include the content of the emergency response plan; safety procedures in the event of a HM release or threatened release; and other workplace safety training required by OSHA, DOT and EPA.


We will cover the details of each of these requirements as we continue our discussion of the GM.






OH #8


Who is affected?



The HMO applies to all persons or entities involved with the  storage, handling, transfer, and/or transportation of hazardous materials within the limits of the City of Laredo.  

A “person or entity” means an individual, firm, co-partnership, corporation, company, association, joint-stock association, including any trustee, receiver, assignee or similar representative thereof. 






OH #9


What is a Hazardous Material?

(Short version)


 A hazardous material means any substance or product which has been determined by DOT to be capable of posing an unreasonable risk to health, safety and property when transported in commerce; or has been designated by OSHA to be a hazardous chemical, or for which a MSDS is required to be prepared and maintained; or has been determined to be hazardous in compliance with the EPA regulations; or is classified by the NFPA as a flammable liquid, a Class II combustible liquid or a Class III-A combustible liquid.  (More complete definition in GM, Ch 1,& in Ordinance)






OH #10


What is not affected?


The Ordinance does not apply to hazardous materials in

retail products or animal feed, or to

work station hazardous materials. 

Retail products  are consumer products packaged for distribution and use by the general public, or commercial products used at the facility solely for janitorial or minor maintenance purposes. 


Work station hazardous materials are those located at a work station in a quantity reasonably required for use in such work.






OH #11


Types of storage Facilities:

   long term

   short term




Under the Ordinance, there are three general types of storage facilities – long term, short term, and temporary. 

A  long term storage facility classification applies to all long term storage facilities where any hazardous material is placed in, on, or about the storage facility.  There are three types of long term storage facilities: NEW, EXISTING, and MINIMAL.  Long term storage facility requirements are found in  33-18.16.A.   

A short term storage facility means a storage facility containing hazardous materials that are incidental to transportation. Short term storage facility requirements are found in  33-18.16.B.

A temporary storage facility means any storage facility containing hazardous materials for a limited time period, and where the hazardous materials 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.  The term “temporary storage facility” does not apply to any vehicle which contains hazardous materials covered by active shipping papers.  Temporary storage facility requirements are found in  33-18.16.C.






OH #12


Federal Regulations


Federal Statutes and Regulations Adopted

References to federal statutes and regulations which are specifically cited in the Ordinance are adopted by the City, and incorporated fully and completely by reference.  Such addition does not increase the requirements on a regulated entity; rather it serves as a reminder of the requirements of certain DOT, OSHA, or EPA regulations.  We have included many of these regulations in the Guidance Manual at the point where they apply, and we’ll discuss their requirements as we go through the GM. 






OH # 13


Selected Definitions


 Hazard class means the category of hazard assigned to a hazardous material as defined under the criteria of 49 CFR Part 173 and the provisions of the table included at 49 CFR Part 172.101.   A material may meet the definition criteria for more than one hazard class, but is assigned to only one hazard class.






OH #14


Selected Definitions,

Part 2


Hazardous material means any substance or product collectively or individually which has been determined by the U.S. Secretary of Transportation to be capable posing an unreasonable risk to health, safety, and property when  transported in commerce, and which has been so designated.  The definition includes the categories hazardous substance, hazardous waste, marine pollutant, and elevated temperature material as defined in 49 CFR  §171.8. The Department of Transportation lists hazardous materials in table form at 49 CFR Part 172.101, and its Appendices.  The defining criteria for hazard classes and divisions are given in 49 CFR Part 173. 

The term “hazardous materials” includes materials on the list of EPA pollutants at 40 CFR Part 141.15, as amended; or listed in 40 CFR 261.4, as amended; or classified by the National Fire Protection Association (NFPA) or under the Standard Fire Prevention Code as either a flammable liquid, a Class II combustible liquid or a  Class IIIA combustible liquid; or determined to be hazardous based upon any assessment by or on behalf of the party storing this  material; or designated by the Occupational Safety and Health Administration to be hazardous; or for which an MSDS  is required to be prepared and maintained; or determined by the party storing it to be likely to create a significant potential or actual hazard to public health, safety or welfare.






OH #15


Selected Definitions,

Part 3


Hazardous Substance shall mean any material, including its mixtures and solutions, that is listed in 49 CFR Part 172.101, Appendix A in a quantity which in one package meets and/or exceeds the listed reportable quantity (RQ); and when in a mixture or solution, is in a concentration by weight that equals or exceeds 10% for materials with an RQ of 5000 #; 2% for materials with an RQ of 1000 #, 0.2% for a material with an RQ of 100 #, 0.02% for a material with an RQ of 10 #, or 0.002% for a material with an RQ of 1 #. (defined at 49 CFR 171.8)


Hazardous Waste means any material, substance, by‑product, spent, obsolete or used chemical or chemical compound which meets the standards for classification of a hazardous waste as defined in 40 CFR 261;  or an acutely hazardous waste (40 CFR 261.31; 261.32; or 261.33(a)).  Further, hazardous waste shall mean any material subject to the U.S. EPA Hazardous Waste Manifest Requirements specified in 40 CFR Part 262 and 49 CFR Part 171.






OH #16


Selected Definitions,

Part 4


Hazard Zone means one of four levels of hazard (Hazard Zones A through D) assigned to gases, as specified in 49 CFR Part 173.116(a), and one of two levels of hazards (Hazard Zones A and B) assigned to liquids that are poisonous by inhalation as specified in 49 CFR Part 173.133(a).  A hazard zone is based on the LC5O value for acute inhalation toxicity of gases and vapors, as specified in 49 CFR Part 173.133(a).


LC  means a lethal concentration; LC 50 refers to a concentration that is lethal to 50% of the animals tested.


Marking means a descriptive name, identification number, instructions, cautions, weight, specification, placards, labels or UN marks, or combinations thereof as defined in 49 CFR Part 171.






OH # 17


Selected Definitions,

Part 5


Hazmat employee means any person who is employed by a hazmat employer and who, in the course of employment, directly affects hazardous materials.  This term includes any individual, including a self employed or employed by contract individual,

• who during the course of employment, loads, unloads, offers for transportation, or handles hazardous materials and/or wastes; or

• who tests, reconditions, repairs, modifies, marks or otherwise represents containers, drums or packaging as qualified for use in the transportation and/or storage of  hazardous materials or waste; or

• who prepares hazardous materials and/or wastes for transportation and/or storage; or

• who is responsible for the safe handling, use, storage and transportation of hazardous materials and/or wastes; or

• who operates a vehicle used to handle and/or transport hazardous materials and/or waste; or

• who handles or performs a task directly related to the treatment, storage or disposal of hazardous wastes.






OH #18


Selected Definitions,

Part 6


Hazmat Employer means any person or entity who uses one or more of its employees or contractors in connection with:

• handling, use, storage and transportation of hazardous materials and/or wastes; or

• testing, reconditioning, repairing, modifying, marking, or otherwise representing containers, drums or packaging as qualified for use in the transportation and/or storage of hazardous materials or wastes; or

• loading, unloading, offering for transportation or handling hazardous materials and/or wastes; or

• preparation of hazardous materials and/or wastes for transportation and/or storage; or

 • for the safe handling, use, storage and transportation of hazardous materials and/or waste; or

 • operation of a vehicle used to handle and/or transport hazardous materials and/or wastes; or

 • operation of any facility, equipment, or site which treats, stores, disposes or otherwise processes any hazardous wastes .






OH #19


Summary &



In this session we have described training objectives; training conduct; introduction to Ordinance & GM; implementation, management and enforcement; who and what the ordinance affects; types of storage facilities; how the federal regulations apply, and we have discussed selected definitions.


Are there any questions to this point?