CITY of LAREDO

HAZARDOUS MATERIALS

      GUIDANCE MANUAL

 

 

 

 

LESSON PLAN

COURSE: Guidance Manual Training      

SUBJECT: Lesson 4 –    Short Term, Temporary and Out-of-Service Storage Facilities

TIME  REQUIRED:        

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

TRAINING AIDS: Overhead transparencies,  Projector

OBJECTIVES: Discuss and contrast the requirements for ST, Temp, and O-O-S Storage Facilities

 

 

 


   T’ng

    Aid

 

    Main Points

 

                                       Instructor Comments

 

 

 

 

 

OH #1

 

Title Page &

Lesson Intro

 

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

In addition to the long term permit classifications, the Ordinance also establishes classifications of Short Term Storage Facility and Temporary Storage Facility.  During this session we’ll cover the requirements for these classifications, along with the requirements for “out-of-service” facilities.  First we’ll look at a couple of definitions.

 

 

 

 

 


OH #2

 

SELECTED DEFINITIONS

 

Incidental to Transportation is a specific term that DOT uses to refer to any storage or handling that occurs between the time a hazardous material is offered for transportation to a carrier and the time it reaches its intended destination and is accepted by the consignee.  This includes storage or handling of a HM shipment during this time 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.

 

 

 

 

 

OH#3

 

Short Term Storage Facility    33-18.16B.1

 

Classification.  A HM 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.

 

 

 

 

 

OH #4

 

Hazardous Materials Defined for Short Term Storage Facility

 

What is different from earlier definition ?

 

Leaves out NFPA “flammables” and “combustibles”; OSHA designated; and “self” assessed hazards

 

In case of spills, they must apply!

 

For use in this subpart 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:

 1.  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

 2.  Is a hazardous substance; or

 3.  Is a hazardous waste; or 

 4.  Is a marine pollutant; or

 5.  Is an elevated temperature materials as defined in 49 CFR §171.8; or

 6.  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 one package 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

 7.  Meets the defining criteria for hazard classes and divisions in 49 CFR Part 173; or

 8.  Is designated as a hazardous waste as that term is defined in 40 CFR 261 et. seq. and any appendices thereto and 49 CFR Part 171 and any appendices thereto.

 

 

 

 

 


OH #5

 

48 hour Rule

 

Concern for Short Term Storage Facilities

 

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 at any time during the reporting year 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 do one of the following:

   1. Place the shipment in suitable storage as defined by DOT,  or by EPA when shipments involve hazardous wastes; ( Suitable storage of explosives shall include an isolation distance per permit and LFD)

  2.  Return the shipment to the consignor.  

  3.  Dispose of the shipment per DOT 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).)

 

 

 

 

 

OH #6

 

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

 

Inst Ref:172 Subpart

A - General

B - HM Table

C - Shipping Pap

D - Marking

E - Labeling

F - Placarding

G - ER Info

H - Training

 

Part 173 - Shippers – Gen. Req’ts for Shipments & Packagings

 

Part 177 - Carriage by Public Highway

 

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 172 subpart F and 49 CFR 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 must meet the performance, integrity, and certification standards established for such containers in 49 CFR 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 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 172, subpart C.   Copies of all such papers required under 49 CFR 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.

 

 

 

 

 


OH #7

 

Facility Standards for

Short Term Storage 33-18.16B.3

 

Facility Standards Short Term Storage 33-18.16B.3

All short term storage facilities must meet and maintain these 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 must be developed and maintained as part of the facilities operating records and shall be made available for inspection at all times; [ Guidance Manual users should consider 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. All interior floor and/or sewer drains and exterior storm water drains located in the short term storage  facility must be made capable of isolation to prevent the flow of any released spilled or discharged HMs or waste to any storm water discharge point or direct discharge to any sewer connection.  (Per Federal and Texas Clean Water Act requirements to control discharges of chemical contamination)

 

 

 

 

 

OH #8

 

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

 

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 DOT.  The specific employee training requirements of 172 Subpart H (172.700 -172.704); 177.800; 177.816; Parts 390 through 397; and 1910.1200 are explained more fully in  CHAPTER 6 –  EMPLOYEE TRAINING AND TRAINING RECORDS.

Training Required.   All employees working at the permitted short term storage facility must be trained by the permit applicant.

Training Curriculum.  The employees shall be trained as follows: 

All hazmat employees receive training per with 172 subpart H and 177.800. 

No carrier may transport or cause to be transported a HM 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.

 

 

 

 

 


OH #9

 

Emergency Response Plans for Short Term Facilities 33‑18.16B.5

 

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.

 

 

 

 

 

OH #10

 

For Short Term Facilities:

 

HMIS

 

Posting of ER Procedures

 

Ordinance not conflict with federal/state regulations

 

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 subpart B of the Ordinance shall be construed to conflict with, impede, interfere with, or relieve the requirements of state and federal regulations.

 

 

 

 

 

OH #11

 

SUBPART C: TEMPORARY STORAGE FACILITY

Classification.   

 

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.

 

 

 

 

 


OH #12

 

TEMPORARY STORAGE FACILITY

 

Requirements.

 

Containment

 

HMMP-same as for Long Term Minimal Storage Facility

 

ERP-same as for LTSF

 

Empl Tng-same as for LTSF

 

HMIS-same as for LTSF

 

Insp & Rec -same as for LTSF

 

 

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;

• For only one primary container is installed, the secondary containment must contain at least 110% of the volume of the primary container; and

• Where multiple primary containers are installed in a secondary containment, the secondary container must contain 150% of the volume of the largest primary container placed in it, or 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.

 

 

 

 

 

OH #13

 

OUT OF SERVICE STORAGE FACILITIES 33‑20

 

LFD Approval is Required for Closure

 

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.

 

 

 

 

 


OH #14

 

Closure Standards

 

Standards for Closures. 

Partial Closure.  A partial closure of a storage facility or system must minimize the need for further maintenance, and eliminate any substantial risk to the public health or safety or to the environment from residual hazardous materials in the storage facility or storage system.

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.

 

 

 

 

 

OH #15

 

 

 

Public Notification.  Any party may request a courtesy notice of a pending total facility closure by filing a written request with the hazardous materials management permit office for notification of closure.   Each request must include five (5) self-addressed stamped envelopes for each party requesting notification. When the five (5) included envelopes have been used for notification,additional envelopes must be provided to the hazardous materials management permit office.  

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 will be made in writing and mailed.   Any such request shall be valid from the date filed 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.

 

 

 

 

 

OH #16

 

 

 

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.

 

 

 

 

 

OH #17

 

 

 

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.

 

 

 

 

 

OH #18

 

Summary and Questions

 

In this session we have discussed the classifications of Short Term Storage Facility and Temporary Storage Facility that the Ordinance also establishes.  We covered  the requirements for these classifications, along with the requirements for “out-of-service” facilities.  Are there any questions?