Hazardous Chemical Safe Storage Compliance

This section is designed as a compliance evaluation system for specific federal regulations concerning

Containment, Liquid Handling, Accountability, Waste Management, and Safety Storage of Hazardous Materials.

Containment

Containment of hazardous materials is required for the protection of the environment from contamination as well as for the protection of employees who work in areas where hazardous materials are stored and used.

• Do you have damaged or leaking drums of liquid waste materials?

Code(s) DOT 49 CFR 173.3:

(c) Packages of hazardous materials that are damaged or found leaking and hazardous materials that have been spilled or leaked may be placed in a metal removable head salvage drum that is compatible with the lading and shipped for repackaging or disposal under the following conditions.
(1) The drum utilized may be either a DOT specification or a non-DOT specification drum as long as the drum has equal or greater structural integrity than a package that is authorized for the respective material in this sub-chapter. Maximum capacity shall not exceed 110 gallons.

• Do you have secondary containment to protect against leakage of hazardous liquid waste?

Code(s) EPA 40 CFR 264.175:

(a) Container storage areas must have a containment system that is designed and operated in accordance with paragraph (b) of this section.
(b) A containment system must be designed and operated as follows:
(3) The containment system must have sufficient capacity to contain 10% of the volume of containers or the volume of the largest container, whichever is greater. Containers that do not contain free liquids need not be considered in this determination.

• Do you have a single-drum mobile pumping station, waste collection station, or spill containment unit?

Code(s) OSHA 29 CFR 1910.106 (e)(2)(iii):

Separation and protection. Areas in which flammable or combustible liquids are transferred from one tank or container to another container shall be separated from other operations in the building by adequate distance or by construction having adequate fire resistance. Drainage or other means shall be provided to control spills. Adequate natural or mechanical ventilation shall be provided.
Do you have drip pans under all drum faucets or leaks?
Do you have large diameter funnels to transfer liquids into drums?
Do you have drum covers to protect the integrity of drums stored outside as per 40 CFR 265.173?

• Do you have an area where hazardous materials are dispensed into containers?

Code(s) Uniform Fire Code - Division IV, Section 80.402 (b)(2)(F):

Dispensing and Use - Spill Control, Drainage Control, and Secondary Containment. Rooms or areas where hazardous material liquids are dispensed into containers exceeding a 1-gallon capacity or used in open containers or systems exceeding a 5-gallon capacity shall be provided with a means to control spills. Secondary containment shall be provided when the capacity of an individual container exceeds 55 gallons or the aggregate capacity of multiple containers exceeds 100 gallons.
Do you have drip pans under all drum faucets or leaks?
Do you have large diameter funnels to transfer liquids into drums?
Do you have drum covers to protect the integrity of drums stored outside as per 40 CFR 265.173?

• Do you have an area where hazardous materials are dispensed into containers?

Code(s) Uniform Fire Code - Division IV, Section 80.402 (b)(2)(F):

Dispensing and Use - Spill Control, Drainage Control, and Secondary Containment. Rooms or areas where hazardous material liquids are dispensed into containers exceeding a 1-gallon capacity or used in open containers or systems exceeding a 5-gallon capacity shall be provided with a means to control spills. Secondary containment shall be provided when the capacity of an individual container exceeds 55 gallons or the aggregate capacity of multiple containers exceeds 100 gallons.

Liquid Handling

The handling of hazardous liquids is subject to both safety and health regulations requiring protection for employees who work with flammable, combustible, and explosive liquids.

• Do you have approved safety containers for the safe use and temporary storage of flammable liquids?

Code(s) Uniform Fire Code - Division IV, Section 80.402 (b)(2)(F):

Safety Can shall mean an approved container, of not more than 5 gallons capacity, having a spring-closing lid and spout cover and so designed that it will safely relieve internal pressure when subjected to fire exposure.

• Do you have approved safety containers for the safe use and temporary storage of flammable liquids?

Code(s) Uniform Fire Code - Division IV, Section 80.402 (b)(2)(F):

Safety Can shall mean an approved container, of not more than 5 gallons capacity, having a spring-closing lid and spout cover and so designed that it will safely relieve internal pressure when subjected to fire exposure.

• Do you have non-metallic safety cans where abusive or corrosive conditions exist, or oval safety cans where shelf space is limited?

Safety Can Chemical Compatibility Guide

Table Key
1- Galvanized Steel or Terne Plate
Use when chemical purity is not critical. Some chemicals may adversely affect paint
2 - Polyethylene
Use for storing acids/caustics and other corrosive chemicals.
3- Stainless Steel
Use when chemical purity is critical 
Y= Yes N=No
*May discolor solvent if water is present
CAUTION: Resistance to mixed solvents is unpredictable. Guide DOES NOT apply to mixtures, even if the can is compatible with all components of the mixture.

• Do you have any open containers or hazardous liquids being used in your cleaning operations?

OSHA 29 CFR 1910.106 (e)(2)(ii):

Incidental storage or use of flammable and combustible liquids. Containers. Flammable or combustible liquids shall be stored in tanks or closed containers.

OSHA 29 CFR 1910.106 (a)(9):

Closed container shall mean a container as herein defined, so sealed by means of a lid or other device that neither liquid or vapor will escape from it at ordinary temperatures.

OSHA 29 CFR 1910.106 (e)(2)(iv)(a):

Flammable liquids shall be kept in covered containers when not actually in use.
• Do you have adequate means of electrically bonding your containers during filling operations?

Uniform Fire Code - Division VIII,
Section 79.803 (a) states:

"Class I liquids shall not be run into containers unless the nozzle and containers are electrically interconnected. The provisions of this section shall be deemed to have been complied with where the metallic floor plates on which the container stands while filling are electrically connected to the fill stem or where the fill stem is bonded to the container during filling by means

Accountability

The topic of legal responsibilities and liabilities associated with handling hazardous wastes and other hazardous substances is complex and constantly evolving. The following is a very brief overview of some of the penalties associated with violating the standards of OSHA and the EPA as they relate to this compliance guide.

OSHA Compliance

The citations issued by OSHA compliance officers usually carry a penalty, depending on the severity of the violation. All penalties are assessed on the basis of the gravity of the violation, size of the business, good faith of the employer and the employer's history of previous violations. There are several types of OSHA violations that carry various penalties as follows:
Other-Than-Serious Violations include situations that would affect safety or health, but would "probably not cause death or serious physical harm." OSHA can penalize employers up to $7,000. A group of other-than-serious violations may be treated as one serious violation.
Serious Violations create a substantial probability that death or serious physical harm could result from a condition, practice, method, operation or process in a place of employment. OSHA will issue a citation unless the employer did not and could not have known about the violation. Serious violations carry a maximum penalty of $7,000.
Willful Violations show evidence that the employer committed an intentional violation and carry a minimum penalty of $5,000 and a maximum penalty of $70,000.
Criminal/Willful Violations occur when an employer willfully violates any standard and that violation in turn causes death to an employee. If this happens, the employer will be fined, upon conviction, not more than $10,000 or imprisoned for not more than six months, or both. Additional criminal penalties are imposed by the courts, not by OSHA.
Repeated Violations occur when an employer fails to bring a previously cited condition into compliance. OSHA can issue a penalty of up to $70,000 to employers who repeatedly violate the OSHA Act.

Specific standards which were cited by Federal OSHA inspectors during the period October 1997 through September 1998 as they relate to this compliance guide are as follows:

(NOTE: THIS DOES NOT INCLUDE CITATIONS AND PENALTIES ASSESSED BY STATE OSHA REGULATORS.)

OSHA's average penalty for noncompliance is insignificant in comparison to the potential for multi-million dollar litigation concerning an injured or deceased employee.

EPA Compliance

One of EPA's most important responsibilities is ensuring compliance with federal laws that protect public health and safeguard the environment. Effective deterrence requires inspecting, bringing penalty actions and securing compliance and remediation of harm. However, EPA realizes that achieving compliance also requires the cooperation of thousands of businesses and other regulated entities subject to these requirements.

The EPA encourages regulated entities to voluntarily discover, disclose, correct and prevent violations of federal environmental law. As an incentive, the EPA eliminates or substantially reduces the gravity component of civil penalties and also does not recommend these cases for criminal prosecution.

Repeat violations or those that result in harm or may present endangerment are not considered for relief, and companies are not allowed to gain economic advantage over competitors by delaying their investment in compliance. Corporations remain criminally liable for violations that result from conscious disregard of their legal obligations, and individuals are liable for criminal misconduct.

Penalties

EPA's enforcement program provides a strong incentive for responsible behavior by imposing stiff sanctions for noncompliance.

Section 3008 of RCRA (Resource Conservation and Recovery Act) provides very serious civil and criminal penalties for violations. If EPA determines that any person is violating "any requirement" of Subtitle C (RCRA permit regulations), it may either issue an administrative order or commence a civil action against the alleged violator in federal district court. An administrative order issued by EPA under 3008 may impose penalties of up to $25,000 per day of noncompliance.

EPA has developed a civil penalty policy that assists the government in calculating the appropriate penalty. The penalty calculation usually consists of three elements: (i) gravity of the infraction (potential for harm); (2) economic benefit from noncompliance (savings); and (3) any reasons, such as good faith or a histogy of compliance or noncompliance, to adjust the penalty up or down.

In addition to civil penalties, 3008(d) establishes criminal penalties for individuals and corporations that knowingly violate any of the RCRA regulations pertaining to storing, treating, transporting, disposing of, or otherwise handling hazardous waste in violation of a permit or regulations issued by EPA.

EPA's enforcement program provides a strong incentive for responsible behavior by imposing stiff sanctions for noncompliance.

*A person convicted of any of these violations is subject to a fine of up to $50,000 per day or two years imprisonment, or both. Repeat offenders' penalties are doubled.

*Any person who knowingly violates and "who knows at that time that he thereby places another person in imminent danger of death or serious bodily injury" is subject to a fine of $250,000 and imprisonment for up to 15 years, or both. If the violator is an organization, the fine can be up to $1,000,000.

Although these EPA penalties are significant, they pale in comparison to the cost of a major clean-up of a hazardous material spill or the potential for litigation concerning harm to public health.

This is only a brief overview and should not be used as a substitute for the actual regulations. Many states have their own hazardous waste regulations based on the federal requirements. Some states have more stringent regulations than the federal program. When this is the case, you must comply with the state regulations.

Waste Management

Waste management is required to decrease the potential exposure associated with handling hazardous waste. The main hazard is flammability. To help prevent fire, hazardous waste needs special precautions for storage, handling, and use.
• Do you have FM approved or UL Listed waste receptacles for discarding oily and waste solvent rags?

OSHA 29 CFR 1910.108 (f)(2):

(2) Waste Cans. When waste or rags are used in connection with dipping operations, approved metal waste cans shall be provided and all impregnated rags or waste deposited therein immediately after use. The contents of waste cans shall be properly disposed of at least once daily at the end of each shift.

OSHA 29 CFR 1910.106 (h)(8)(iii):

Waste and residues. Combustible waste material and residues in a building or operating area shall be kept to a minimum, stored in closed metal waste cans, and diposed of daily.
Do you have receptacles for clean, safe disposal of ashes and cigarettes?
• Do you have approved containers for shipping small quantities of hazardous liquids contained in bottles, jars, cans, or 5-gallon pails?

DOT 49 CFR 173.12:

(b) Outside packaging. The outside packaging must be a DOT specification metal or fiber drum. It may also be a polyethylene drum capable of withstanding:
1.The vibration and compression tests specified in 178.19-7 (c)(1) and (2), and
2.A four foot drop test as specified in 178.224-2 (b).
(c) Inside packagings. The inside packagings must be either glass packagings not exceeding 1-gallon rated capacity, or metal or plastic packagings not exceeding a rated capacity of 5-gallons.
• Do you have flammable or combustible hazardous waste stored in drum storage cabinets?

OSHA 29 CFR 1910.106 (e)(2)(ii)(b):

Incidental storage or use of flammable and combustible liquids.
(b) The quantity of liquid that may be located outside of an inside storage room or storage cabinet in a building or in any one fire area of a building shall not exceed:
(1) 25 gallons of Class IA liquids in containers
(2) 120 gallons of Class IB, IC, II, or III liquids in containers
(3) 660 gallons of Class IB, IC, II, or III liquids in a single portable tank.

OSHA 29 CFR 1910.106 (d)(3)(i&ii):

Design, construction, and capacity of storage cabinets -(I)Maximum capacity. Not more than 60 gallons of Class I or Class II liquids, nor more than 120 gallons of Class III liquids may be stored in a storage cabinet.
• Do you have biohazard waste receptacles for temporary accumulation of waste contaminated with potentially infectious materials?

OSHA 29 CFR 1910.1030:

The blood borne pathogens section applies to all occupational exposure to blood or other potentially infectious materials.

OSHA 29 CFR 1910.1030 (d)(4):

(A)Housekeeping. (i) General. Employers shall ensure that the worksite is maintained in a clean and sanitary condition. (g) Communication of hazards to employees. (1)(i)(A) Warning labels shall be affixed to containers of regulated waste, (B) Labels required by this section shall include the Biohazard symbol. (C) These labels shall be flourescent orange or orange-red, with lettering and symbols in contrasting color.

Safety Storage

Improper storage and handling of flammable liquids is the leading cause of industrial fires. Proper storage of flammable liquids can help eliminate millions of dollars of damage and help save the lives of your employees.
• Do you have flammables and combustibles stored in safety storage cabinets?

OSHA 29 CFR 1910.106 (e)(2)(ii)(b):

Incidental storage or use of flammable and combustible liquids. (b) The quantity of liquid that may be located outside of an inside storage room or storage cabinet in a building or in any one fire area of a building shall not exceed:
(1) 25 gallons of Class IA liquids in containers
(2) 120 gallons of Class IB, IC, II, or III liquids in containers
(3) 660 gallons of Class IB, IC, II, or III liquids in a single portable tank.

OSHA 29 CFR 1910.106 (d)(3)(i&ii):

(ii) Fire resistance. Storage cabinets shall be designed and constructed to limit the internal temperature to not more than 325°F when subjected to a 10-minute fire test using the standard time-temperature curve as set forth in Standard Methods of Fire Tests of Building Construction and Materials, NFPA 251-1969. All joints and seams shall remain tight and the door shall remain securely closed during the fire test. Cabinets shall be labeled in conspicuous lettering, FLAMMABLE-KEEP FIRE AWAY.
(a) Metal cabinets constructed in the following manner shall be deemed to be in compliance. The bottom, top, door, and sides of cabinet shall be at least No. 18 gauge sheet iron and double walled with 1½-inch air space. Joints shall be riveted, welded, or made tight by some equally effective means. The door shall be provided with a three-point lock, and a door sill shall be raised at least 2 inches above the bottom of the cabinet.
• Do you have drums containing flammable or combustible liquid stored in drum storage cabinets?

Uniform Fire Code 79.201:

(g) Storage Cabinets. 1. General. When provisions of this code require that liquid containers be stored in storage cabinets, such cabinets, and storage shall be in accordance with this section. Cabinets shall be conspicuously labeled in red letters on contrasting background FLAMMABLE-KEEP FIRE AWAY.
2. Quantities. The quantity of Class I or Class II liquids shall not exceed 60 gallons and the total quantities of all liquids in a storage cabinet shall not exceed 120 gallons.
3. Construction. Cabinets may be constructed of wood or metal. Cabinets shall be listed or constructed in accordance with the following:
A. Unlisted metal cabinets. Metal cabinets shall be of steel having a thickness of not less than 0.043 inch. The cabinet, including the door, shall be double walled with 1½-inch air space between the walls. Joints shall be riveted or welded and shall be tight fitting. Doors shall be well fitted, self-closing, and equipped with a latching device. The bottom of the cabinet shall be liquid-tight to a height of at least two inches.
• Do you have adequate facilities for storage of corrosives, pesticides, or paint and ink products?

Maximum Storage Quantities For Cabinets

* Not more than 60 gallons may be Class I and Class II liquids. No more than 120 gallons of Class III liquids may be stored in a storage cabinet, according to OSHA 29 CFR 1910.106(d)(3) and NFPA 30 Section 4-3.1.
Note: Not more than three such cabinets may be located in a single fire area, according to NFPA 30 Section 4-3.1.

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