The second eBook in a three-part series explaining the regulations triggered when your organization acquires and uses chemicals. Learn about dozens of environmental, health and safety (EH&S) provisions intended to ensure that those chemicals are managed safely.

1. COMPLYING WITH ENVIRONMENTAL, HEALTH AND
SAFETY REQUIREMENTS FOR ACTIVITIES INVOLVING
HAZARDOUS CHEMICALS
THE SECOND EBOOK IN A THREE-PART SERIES EXPLAINING
02
THE REGULATIONS TRIGGERED WHEN your organization
acquires and uses chemicals. LEARN ABOUT dozens of
environmental, health and safety (EH&S) provisions intended
to ensure that those chemicals are managed safely.
bY jON eLLIOTT BSE, MPP, JD

2. introduction
When your organization acquires and
uses chemicals, it triggers dozens of
environmental, health and safety (EH&S)
provisions intended to ensure that those
chemicals are managed safely. Since
there is no unified chemical-handling law,
the first and only place these compliance
requirements come together is at regulated
organizations – and in your hands, if you
have EH&S compliance responsibilities.
Exactly which provisions apply to your
activities depend on which chemicals, how
much, and how you use them. This eBook is
the second of three, which together identify
the range of EH&S requirements covering
chemical acquisition, chemical use, and postuse management of chemical wastes. They
provide an organized approach to evaluating
which EH&S requirements apply to your
operations, and briefly summarize the types of
compliance requirements your organization is
likely to face. They provide convenient SelfAssessment Checklists with each section, and
outline a calendar for scheduling compliance
activities.
This is the second volume in a threevolume ebook series, providing basic
information and self-assessment
checklists to help readers consider
the dozens of environmental, health
and safety (EH&S) provisions when
your organization acquires and uses
chemicals.
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EHS Hazardous Chemical Checklists / eBook Volume 2
Together, these three volumes present
the following information:
• Volume I:
- ntroductory summary of US federal
I
laws and regulatory agencies
- ight to Know: Worker Protection
R
and Right to Know provisions,
and Emergency Planning and
Community Right to Know
provisions
• olume II: Onsite Storage and
V
Management
- Fire and Building Codes
- azardous Materials Transportation
H
- Facility Security Requirements
- nderground Storage Tank System
U
Requirements
• olume III: Waste and Emission
V
Management, and Calendar
- azardous Waste Management
H
- Air Quality Protection
- Water Quality Protection
Jon F. Elliott, BSE, MPP, JD
California 2014

3. contents
Introduction 2
Fire and Building Codes
4
7
Self-Assessment Checklist 4 (Fire and Building Codes)
Hazardous Materials Transportation
8
Self-Assessment Checklist 5 (Hazardous Materials Transportation 0
1
Facility Security Requirements
11
13
Self-Assessment Checklist 6 (Facility Security Arrangements)
Underground Storage Tank (UST) System Requirements
14
15
Self-Assessment Checklist 7 (UST System Requirements)
About the Author
16
photo credit: luxomedia via photopin cc
EHS Hazardous Chemical Checklists / eBook Volume 2
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4. FIRE AND BUILDING
CODES
Local codes govern building and fire safety in most states. These codes
require that building construction and operation incorporate design
features that address potential hazards – including “hazardous materials”
that present physical or health hazards.
Most state and local codes are based on model codes published by
the International Code Council (ICC), which is a nonprofit organization
established by code enforcement officials to replace state and multistate codes with a single uniform set. ICC codes include the International
Building Code (IBC), International Fire Code (IFC), and complementary
specialized codes such as electrical, mechanical, and plumbing. The
international codes cross-reference one another extensively.
State and local governments typically review and adopt specific editions
of ICC codes as their own, often incorporating variations or additional
provisions. For example, the 2013 edition of the California Building
Code is based on the 2012 IBC and IFC, with additional provisions that
include hazardous materials and seismic hazards. Because each individual
building project must comply with the then-applicable requirements
of the local codes, including any local variations from the ICC’s model
codes, organizational personnel must review each project separately. You
cannot rely on previous projects, or even on contemporaneous projects
in other jurisdictions.
Building Codes
To determine which requirements apply to a particular building, officials
first review what activities will be underway (including the use of
hazardous materials) to determine the “occupancy” type under building
code provisions, then apply pertinent provisions to develop site-specific
requirements. Requirements related to hazardous materials generally
are based on the maximum quantity of a chemical or class of chemical
that will be present in the occupancy, and how it will be stored and/or
handled.
IBC is divided into 50 chapters, some of which provide alternative versions
of similar requirements. It is also accompanied by 10 appendices.
Chapters may be organized to address topics of concern within most
facilities, particular conditions, or administrative details.
photo credit: “Caveman Chuck” Coker via photopin cc
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EHS Hazardous Chemical Checklists / eBook Volume 2

5. The heart of the IBC approach is the occupancy,
which it defines as “the purpose for which a building,
structure, or other improvement to property, or
a part thereof, is used or intended to be used.”
IBC describes 10 occupancy types, including A
(Assembly), B (Business), E (Educational), F (Factory
and Industrial), H (High Hazard), I (Institutional), M
(Mercantile), R (Residential), S (Storage) and U (Utility
and Miscellaneous). For each occupancy type,
building codes prescribe materials that can be used in
construction, numbers and types of access and exits,
whether special ventilation and/or fume hoods are
required, the nature and type of fire prevention and
suppression equipment, etc.
Storage and use of hazardous materials are considered
when occupancies are categorized – hazardous
materials are defined using the IFC hazard classes
identified below. Building occupants notify the local
building official about which classes of hazardous
material(s) will be present, maximum quantities that
will be present, and whether the hazardous materials
will be stored, used in closed system, and/or used
in an open system. If the quantities and uses are
sufficiently hazardous, any facility may be placed in
the appropriate “Group H” (High Hazard) occupancy,
which may preclude some other uses considered
inappropriate for hazardous locations.
Application of building requirements is intended to be
a logical, methodical process. These encompass the
following series of steps:
• Classify building:
– Occupancy classification(s) within the building.
– Type of construction.
– ocation on property (setbacks and proximity to
L
other occupancies).
– llowable floor area (which varies with
A
occupancy and type of construction).
– Height and number of stories.
• Review building for conformity with requirements
applicable to its occupancy type(s).
When an occupancy contains multiple hazards,
all must be addressed. Each building must be
constructed in compliance with building code
provisions applicable when it is first constructed,
but generally need not be retrofitted to incorporate
subsequent code amendments unless or until it
undergoes major additions, alterations, or repairs.
Therefore, existing buildings rarely meet the latest
standards. However, local building officials can order
upgrades whenever they find the facility is “dangerous
to life,” even without a triggering construction project.
Fire Codes
Local fire agencies (typically city fire departments
and county or regional fire districts) administer local
fire codes based on the IFC, through inspection and
permit programs. Local jurisdictions coordinate
building and fire code administration … although
the degree of effective coordination varies. Typically,
fire code review is undertaken in cooperation with
building officials when a facility is being designed and
built, or when the occupant or its activities change.
Compliance is overseen on an ongoing basis through
inspections and permits.
Most code requirements operate only prospectively,
so that conditions legally in existence when code
amendments are adopted need not be upgraded.
Upgrades are required if the local fire official finds that
existing conditions present a “distinct hazard to life or
property.”
The IFC is organized into 56 chapters, with subordinate
sections. Chapters typically cover one or more of the
following aspects:
• ypes of facilities (underground tanks,
T
semiconductor fabrication lines, etc.)
• Types of material present (such as explosives or
flammable liquids)
• How the materials are used (storage, use in
enclosed processes, use in open containers, etc.)
• eview building for conformity to construction
R
requirements.
• Review building for applicability of and conformity
to other special requirements for construction
materials or fixtures such as elevators.
• eview building for conformity with structural
R
engineering requirements.
EHS Hazardous Chemical Checklists / eBook Volume 2
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6. Classes of fire prevention equipment (sprinklers,
storage cabinets, etc.).
Within this organizational structure, several elements
regulate different aspects of the storage, handling,
and use of hazardous materials. Hazardous materials
are defined very broadly as “chemicals or substances
which are physical hazards or health hazards as
defined and classified in this chapter, whether the
materials are in usable or waste condition.” Beginning
with the 2012 edition, the IFC codifies requirements
for hazardous materials in Chapters 50 – 67 (in earlier
editions these requirements appeared in Chapters
27 – 44, which have been deleted and reserved).
Chapter 50 provides “general provisions” regarding
all hazardous materials, and chapters 51 through 67
provide additional details regarding different classes
of hazardous materials (compressed gases, flammable
and combustible liquids, etc.). IFC hazard classes
cover physical and health hazards. Physical hazards
are categorized in the following hazard classes:
• Explosives and blasting agents
• Combustible liquids
• Flammable solids, liquids and gases
Each HMMP must include the following information:
• eneral site plan, drawn to scale, showing
G
hazardous materials storage areas
• HMIS
• Building floor plans
• Descriptions of hazardous materials handling
• Chemical compatibility and safety precaution
• Monitoring of each storage facility
• Security precautions
• Labeling of storage areas
• Inspection and record keeping
• Employee safety training
• Onsite emergency equipment.
Each HMIS must list hazardous chemicals and the
following information for each:
• Hazard class.
• Standard identification number.
• Organic peroxide solids or liquids
• Chemical and common name (for individual
chemicals or constituents of mixtures).
• Oxidizer, solids or liquids
• Manufacturer.
• Oxidizing gases
• aximum quantity onsite at any time during the
M
reporting period (typically annual).
• Pyrophoric solids, liquids or gases
• Unstable (reactive) solids, liquids or gases
• Water-reactive materials solids or liquids
• Cryogenic fluids
Health hazards consist of the following:
• Highly toxic and toxic materials
• Corrosive materials
Each facility that handles or stores hazardous
materials may be required by its local fire agency to
obtain a permit (determined locally based on type
and quantities of materials) and may be required to
submit a Hazardous Materials Management Plan
(HMMP) and a Hazardous Materials Inventory
Statement (HMIS):
Compliance Calendar
Event-specific deadlines:
• ocal code enforcement agencies have application
L
procedures and deadlines associated with
individual construction-related projects – e.g.,
building permits (pre-project) and occupancy
permits (post-project)
•Incident (fire) reporting - immediate
Periodic deadlines:
• eriodic occupancy/compliance permits may be
P
required (typically annual)
Ongoing deadlines:
• Site-specific (if any)
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EHS Hazardous Chemical Checklists / eBook Volume 2

7. SELF-ASSESSMENT
CHECKLIST 4
Fire and BuildingCodes
Yes No
Has the organization identified the agency or agencies that administer building and fire
codes at each of its facilities?
Has the organization evaluated building and fire code requirements triggered by its
activities involving hazardous materials (storage, on-site movement, processing)?
• o these activities comply with applicable building and fire code requirements
D
(e.g., quantity limitations, electrical and ventilation system requirements,
materials ratings)?
Is the organization inspected by local fire officials (e.g., annual “code i
inspections”)?
•
Are any of the organization’s facilities required to prepare Hazardous Material
Management Plans?
-
If so, is the organization in compliance?
-
If so, does the organization track changes in materials acquisition and
handling to determine when and if HMMP revisions are required?
Is the organization planning any onsite projects that will require building permits and/or
may change the status of any facilities under local building and/or fire codes?
-
If so, have current codes been reviewed to ensure that the changes
comply with the latest requirements, regardless of the age of existing
facilities?
Has the organization identified compliance deadlines associated with local building and
fire code compliance, for incorporation into a compliance calendar?
-
Periodic deadlines:
-
Ongoing deadlines
EHS Hazardous Chemical Checklists / eBook Volume 2
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8. HAZARDOUS
MATERIALS
TRANSPORATION
HMTA defines hazardous materials as those that might
create an “unreasonable” risk to health and safety or
property when being transported. Regulated materials
include thousands of hazardous materials listed in PHMSA’s
HMR. PHMSA also incorporates by reference hazardous
wastes subject to EPA “manifest” requirements, which EPA
has structured to be compatible with HMTA requirements
(see below).
Federal and state laws impose comprehensive
requirements on the transportation of both hazardous
materials and hazardous wastes. Primary responsibility
is assigned to the US Department of Transportation
(DOT), which divides its responsibilities among several
of its constituent agencies. The Pipeline and Hazardous
Materials Safety Administration (PHMSA) defines
hazardous materials and promulgates most technical and
procedural standards for hazardous materials transport
in its Hazardous Materials Regulations (HMR). Other
DOT units oversee requirements applicable to certain
modes of transport, and incorporate HMR provisions into
those requirements [e.g., Federal Motor Carrier Safety
Administration (FMCSA) regulates motor carriers and
drivers, and Federal Railroad Administration regulates
railways]. DOT’s requirements generally conform to those
issued under the “United Nations Recommendations
on the Transport of Dangerous Goods” (the UN
Recommendations).
Many practitioners refer to the federal law by its former
acronym “HMTA” – which stood for the Hazardous
Materials Transportation Act –so the following discussion
will do so as well (there presently is no “name” for these
requirements, which are codified as Chapter 51 of Title
49 of the United States Code). HMTA provisions apply to
most forms of transportation, including rail, motor vehicles,
aircraft, and vessels. Since most organizations obtain
their hazardous materials from offsite, HMTA labeling and
packaging requirements apply at least until the point these
materials reach facility loading docks for offloading. If an
organization subsequently ships materials or products
with hazardous components, HMTA requirements apply at
shipping docks as well.Defining Hazardous Materials
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EHS Hazardous Chemical Checklists / eBook Volume 2
PHMSA assigns hazardous materials to classes of materials
(and sometimes subclasses and divisions) that present
similar risks. Each class and division of hazardous materials
triggers particular packaging, labeling, handling, and
registration requirements. Classification standards are
(sometimes) as follows:
• Class 1 - Explosives
• Class 2 - Hazardous Gases and Cryogenic Liquids
• Class 3 - Flammable and Combustible Liquids
• Class 4 - Flammable and Combustible Solids
• Class 5 - Oxidizers
• Class 6 - Poisons
• Class 7 - Radioactive Materials
• Class 8 - Corrosives
• Class 9 - Miscellaneous Hazardous Materials.
Regulation of “Transportation in Commerce”
HMTA regulates the “transportation in commerce” of any
amount of a designated hazardous material. It covers
shipments that are interstate (origin and destination in
different states) as well as intrastate (origin and destination
within the same state). Specific requirements depends on
the hazard class of the material, the quantity of material
being shipped, the type of carrier, and the type of container
holding the hazardous material. As interpreted by DOT,
“transportation in commerce” includes actual movement
in commerce, as well as loading, unloading and activities
“incidental” to that movement before and after transport.

9. PHMSA reduces regulatory requirements for
shipments of limited quantities of “materials of trade”
by parties whose primary activities are unrelated
to transportation, but who transport limited
quantities of hazardous materials on motor vehicles
as incidental parts of their primary activities. These
cover specified quantities transported:
• For the purpose of protecting the health
“
and safety of the motor vehicle operator or
passengers” [e.g., insect repellent].
• For the purpose of supporting the operation
“
or maintenance of a motor vehicle (including its
auxiliary equipment)” [e.g., spare battery and
engine starting fluid].
• By a private motor carrier in direct support of a
“
principal business that is other than transportation
by motor vehicle” [e.g., limited quantities of
hazardous materials transported by utility service
personnel, plumbers, or welders for use at
worksites].
These exceptions apply to some movements of
hazardous materials between facilities owned or
operated by the same organization. Non-exempt
inter-facility shipmen ts are subject to hazardous
materials transportation requirements.
Transport regulations
DOT regulations are organized to address both the
range of activities involving hazardous materials,
and the individuals and corporate “persons” who
undertake these activities. PHMSA regulations cover
the following activities:
• ehicle design, construction, operation and
V
maintenance.
• Use of shipping papers during transport.
• mergency response information, provided on
E
shipments (for onsite use) and also available at
shipper’s location (if necessary).
•Training of personnel involved in hazardous
materials transportation (“hazmat employees”),
including initial and recurring training in general
and task-specific information.
• egulation of hazardous materials transporters (by
R
states); and registration with states.
• azardous materials safety permit, for any party
H
involved in shipments that exceed applicable
thresholds.
• ecurity plans for personnel, facility, and “en route”
S
security requirements if shipments of specified
materials exceed thresholds (see next section of
this Volume).
• Incident reporting.
• Record keeping.
• Enforcement and liability.
Specific requirements depend on the classes and
hazards of hazardous materials acquired, used and/
or shipped from a facility, and on the range of onsite
activities. Many of the onsite requirements mesh
closely with OSHA’s worker protection standards (see
above).
• dentification and classification of hazardous
I
materials [summarized above].
• anufacture of packaging and transport
M
containers, to meet performance-based standards
tied to chemical hazards.
• abeling, marking, and placarding of containers
L
and vehicles for transportation.
EHS Hazardous Chemical Checklists / eBook Volume 2
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10. Compliance Calendar
Event-specific deadlines:
• ncident reporting – verbal report immediately
I
plus written follow up within 30 days
Periodic deadlines:
• une 30 – each offeror and transporter of more
J
than specified threshold amounts of hazardous
materials files annual Registration Statement
• Every 2 years – renew safety permit using
SELF-ASSESSMENT
CHECKLIST 5
Motor Carrier Identification Report (MCS-150) or
Combined Motor Carrier Identification Report and
Hazardous Materials Permit (MCS-150B)(changing to
MCSA-1 in 2015)
• ecurring training for each hazmat employee,
R
at least every 3 years
Ongoing deadlines:
• years – post-shipment retention period for
2
hazardous materials shipping papers
Hazardous Material Transportation
Yes No
Is the organization responsible for hazardous materials transportation?:
-
Does it receive hazardous materials shipments?
-
Does it transfer hazardous materials between its facilities?
-
Does it ship hazardous materials offsite?
Does the organization comply with applicable DOT requirements relating to
transportation and management of hazardous materials?
Has the organization identified compliance deadlines associated with hazardous
materials transportation, for incorporation into a compliance calendar?
-
-
10
Periodic deadlines:
Ongoing deadlines:
EHS Hazardous Chemical Checklists / eBook Volume 2

11. FACILITY
SECURITY
REQUIREMENTS
One of the important issues any employer must
address is the physical security of the company’s
premises. Organizations traditionally have focused
on potential crimes against the organization or
facility, particularly robberies, theft by employees,
or industrial espionage. This issue has long been
one assigned to an employer’s security staff, if any—
facilities without a security function may assign it to
other operating units, such as facilities management.
EHS staff roles have typically been limited to
compliance with general security rules set by the
organization, and with a few regulatory requirements
(such as securing hazardous waste containers to
prevent unintentional mixing of incompatibles).
In the decade since September 11, 2001, however,
anxiety about possible terrorism is much higher.
Many governmental and private organizations are
making efforts to address real and perceived threats
of terrorism—including a host of new federal and
even state laws. Any organization might conceivably
be a direct primary target of terrorism, a secondary
target (e.g. for theft of materials to be deployed
elsewhere), or even an “innocent bystander” that
suffers damage from a bomb blast or other attack.
Although certain organizations are more likely to be
targeted because their activities inflame the political
passions of possible terrorists, every organization is at
some risk, so it’s worth thinking about the issue and
determining whether to commit your resources to
counter-terrorism measures. Note that many of these
new anti-terrorism measures also help protect against
non-political criminal activities.
Nationally, the primary preventive and regulatory
response has been the creation of the Department of
Homeland Security (DHS). In addition, EPA, DOT and
other agencies have incorporated additional security
requirements into their regulatory programs.
Training and Security Plans by Shippers and
Carriers of Certain Highly Hazardous Materials
PHMSA’s hazardous materials transportation rules
include requirements that all newly hired employees
involved in interstate commerce in hazardous
materials—what PHMSA calls “hazmat employees”—
must receive “general awareness” training describing
hazardous materials safety and the regulations
applicable to transport, as well as job-specific
training. PHMSA identifies two levels of security
training:
• ecurity awareness training: This must address
S
security risks associated with hazardous materials
transportation, and methods designed to
enhance transportation security.
• n-depth security training: Each employer
I
required to prepare a security plan (see below)
must also train hazmat employees concerning the
security plan and its implementation, including
organizational security objectives and structure,
employee responsibilities, and actions to take in
response to a security breach.
Each shipper and carrier that offers or transports
more than specified quantities of hazardous materials
must develop and implement a security plan, with at
least the following elements:
• ersonnel security measures to confirm
P
information supplied by applicants for jobs that
involve access to or handling of materials covered
by the organization’s security plan.
• Measures to prevent unauthorized access to
the materials.
• “En route security” measures during shipments,
including any places where shipments are “stored
incidental to movement”.
• dentification by job title of the senior
I
management official responsible for the plan.
• ecurity duties for each position or department
S
responsible for all or a portion of the plan, and a
process for notifying employees when specific
elements must be implemented .
• A training plan for hazmat employees.
Plans are to be reviewed annually, and revised as
necessary.
EHS Hazardous Chemical Checklists / eBook Volume 2
11

12. Chemical Facility Anti-Terrorism Standards (CFATS)
• Security Vulnerability Assessment
DHS’s CFATS program requires chemical facilities
to undertake security measures to protect against
“potential consequences of or vulnerabilities to a
terrorist attack or incident.” These regulations establish
risk-based performance standards for facilities that
handle more than a screening threshold quantity
(STQ) of any Chemical of Interest. CFATS applies to
most “chemical facilities,” which DHS defines as “any
establishment that possesses or plans to possess, at
any relevant point in time, a quantity of a chemical
substance determined by [DHS] to be potentially
dangerous or that meets other risk-related criteria
identified by [DHS].” However, these regulations
exclude specific categories of chemical facilities already
subject to other security requirements (e.g., Public
Water Systems subject to the Safe Drinking Water
Act (SDWA)). DHS requires individuals to complete its
“Chemical-terrorism Vulnerability Information (CVI)
Authorized User Training” and become CVI Authorized
Users before they can access and use CSAT.
DHS makes a preliminary determination of each high
risk facility’s risk-based tier, based on review of the
Top-Screen and any additional information. Tiers range
from Tier 1 (highest risk facilities) to Tier 4 (lowest risk
facilities). After notification by DHS, Preliminary Tier
1 facilities have 90 days to complete and submit a
Security Vulnerability Assessment (SVA), Preliminary
Tier 2 facilities have 120 days, Preliminary Tier 3 facilities
have 150 days, and Preliminary Tier 4 facilities have 180
days to complete and submit a SVA or a DHS approved
Alternative Security Plan (ASP). Each SVA must include
the following:
• Initial Compliance
A chemical facility that possesses any Chemical of
Interest at or above its associated STQ must complete
and submit an initial information submission (“TopScreen”) using the CSAT within 60 days after it first
possesses any Chemical of Interest at or above its
STQ. The facility also must designate a person to be
responsible for submission of information through
the CSAT and for attesting to the accuracy of such
information. This person must be an officer of the
corporation or person designated by an officer, and
must be domiciled within the US.
• DHS Determination of High Risk Facilities
DHS reviews the Top-Screen to assess the degree of
hazard posed by the facility. DHS may determine that
a facility presents a high level of security risk, in which
case it is identified as a “high risk facility” or “covered
facility”—and provide the facility written notice of its
determination. DHS may also categorize the facility
as a “presumptively high risk facility.” If a facility
“materially alters its operations” it can file a request for
redetermination and/or request a meeting with DHS
to address the changes. DHS is to provide a written
response within 45 days after receiving the request or
conducting the meeting.
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EHS Hazardous Chemical Checklists / eBook Volume 2
- sset Characterization—identification and
A
characterization of potential critical assets; hazards
and consequences of concern for the facility, its
surroundings, its identified critical asset(s), and its
supporting infrastructure; and existing layers of
protection.
- hreat Assessment—description of possible
T
internal, external, and internally-assisted threats.
- ecurity Vulnerability Analysis—identification
S
of potential security vulnerabilities, and existing
countermeasures and their level of effectiveness
in reducing identified vulnerabilities and meeting
applicable DHS Risk-Based Performance Standards.
- isk Assessment—determination of the relative risk
R
to the facility in terms of the expected effect on each
critical asset and the likelihood of a successful attack.
- ountermeasures Analysis strategies to reduce
C
the probability of a successful attack or the probable
degree of success; and strategies that enhance the
risk reduction, reliability and maintainability of
the options, the capabilities and effectiveness of
mitigation options, and the feasibility of the options.
Following review of the facility’s SVA, DHS makes a final
placement of the facility in one of four tiers, and notifies
the facility of its placement.

13. • Site Security Plans
- nless otherwise notified by DHS, each high
U
risk facility must complete a Site Security Plan,
within 120 calendar days after it is notified of DHS’
determination. Each Plan must do the following:
- ddress each vulnerability identified in the facility’s
A
SVA, and identify and describe security measures to
address each vulnerability
- dentify and describe how these security measures
I
will address the applicable risk-based performance
standards and potential modes of terrorist attack
(including, as applicable, vehicle-borne explosive
devices, water-borne explosive devices, ground
assault, or other modes identified by DHS)
- dentify and describe how security measures
I
selected and utilized by the facility will meet or
exceed each applicable performance standard for
facility’s risk-based Tier
Each Plan must be completed using DHS’ CSAT process,
any other methodology or process identified or issued
by DHS, or an Alternative Security Program (ASP). Each
covered facility must develop appropriate risk-based
measures in its Site Security Plan, and implement them.
Measures must be designed to satisfy extensive riskbased performance standards. Alternatively, a Covered
Facility may submit an ASP designed to provide
equivalent levels of security.
Compliance Calendar
Event-specific deadlines:
Periodic deadlines:
• Annual – review hazardous materials security plan
Ongoing deadlines:
- pecify other information required by DHS.
S
SELF-ASSESSMENT
CHECKLIST 6
Facility Security Arrangements
Yes No
Has the organization identified compliance deadlines associated with security
requirements for incorporation into a compliance calendar?
-
Periodic deadlines:
-
Ongoing deadlines:
EHS Hazardous Chemical Checklists / eBook Volume 2
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14. UNDERGROUND
STORAGE
TANK SYSTEM
REQUIREMENTS
In 1984, Congress adopted a national program to
regulate underground storage tank (UST) systems
storing petroleum and other hazardous substances
(the UST Law). EPA establishes national standards.
State agencies administer the federal UST rules, and
may also administer stricter state standards. Many
states also administer state financial responsibility
programs, to ensure the UST owners and operators
meet federal requirements to be able to pay for
cleanups.
• Farm and residential fuel tanks with a
capacity of 1,100 gallons or less;
• Tanks storing heating oil for onsite use;
• Septic tanks;
• Pipeline facilities associated with oil or gas
production and gathering activities;
• Surface impoundments, lagoons, pits, and
ponds [generally regulated under water
quality and hazardous waste laws];
• Storm water and wastewater collection tanks
(generally regulated under water quality
laws);
• Flow-through process tanks; and
• Tanks that are on or above the floor inside
underground areas (such as basements).
EPA regulations exempt the following UST systems
from technical standards and corrective action
requirements:
Defining Regulated Hazardous Substances
• USTs in wastewater treatment systems
The UST Law regulates the storage of “hazardous
substances,” which include the following:
• USTs containing regulated substances for
operational purposes in equipment or
machinery (such as oils in transformers)
• Gasoline and other petroleum products
• Substances for which reportable quantities
(RQs) have been established under federal
Superfund to define release reporting
responsibilities
• Toxic and nonconventional pollutants (also
called “priority pollutants”) regulated by the
Clean Water Act (CWA; see Volume III below)
• Any other hazardous substance designated
by EPA (none to date).
Defining Regulated UST Systems
The UST Law regulates individual USTs, and complete
UST systems including piping and monitoring. A tank
is regulated as “underground” if at least 10 percent of
the total capacity of the entire UST system (including
piping) is below grade. However, the UST Law
excludes the following from the definition of USTs:
• Any tank with a capacity of 110 gallons or less;
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EHS Hazardous Chemical Checklists / eBook Volume 2
• USTs used for emergency spill or
overflow containment, so long as they are
“expeditiously emptied after use.”
Finally, EPA also “defers” regulation of the
following USTs:
• USTs containing radioactive material
regulated under federal atomic energy laws
• USTs that are part of an emergency generator
system at nuclear power plants regulated by
the Nuclear Regulatory Commission (NRC)
• Airport hydrant fuel distribution systems
• USTs with field-constructed tanks.

15. Compliance Calendar
Regulating UST systems
The UST Law and EPA regulations establish detailed
technical requirements for the following:
• Registration with state regulators
• UST system installation (including design
and construction requirements for USTs
and system components including piping and
monitoring; and certification for installers)
• Operating requirements, including ongoing
monitoring and leak detection (including system
requirements and operator training
Event-specific deadlines:
•
Report unauthorized releases within 24 hours
Periodic deadlines:
•
Renew state permit (if any)
•
Every 3 years (at least) agency inspection
Ongoing deadlines:
• Release reporting and corrective action
•
Ensure that monitoring and training can be
verified
• Recordkeeping
•
Maintain financial responsibility (petroleum UST)
• Closure
• Financial responsibility.
SELF-ASSESSMENT
CHECKLIST 7
UNDERGROUND STORAGE TANK SYSTEMS
Yes No
Does the organization own or operate an UST system storing petroleum products
or other hazardous substances?
If so, is the UST system subject to federal UST Law requirements, and if so:
-
Registered with EPA/state?
-
Constructed in compliance with federal/state standards, including
monitoring and leak detection?
-
Installed by a certified installer?
-
Operated by trained operator, in compliance with federal/state standards,
including monitoring and leak detection?
-
Covered by financial responsibility (if stores petroleum products)?
-
Covered by recordkeeping practices to confirm compliance?
Has the organization identified compliance deadlines associated with regulated
UST systems, for incorporation into a compliance calendar?
-
Periodic deadlines:
-
Ongoing deadlines:
EHS Hazardous Chemical Checklists / eBook Volume 2
15

16. About the Author
Jon Elliott has made a major contribution to the Specialty
Technical Publishers (STP) product range for over 25 years. His
impressive list of publications includes:
C
AL/OSHA: Compliance and Auditing
C
omplete Guide to Environmental Law
C
omplete Guide to Hazardous Materials Enforcement and
Liability: California
E
nvironmental Compliance: A Simplified National Guide
E
nvironmental Compliance in California: The Simplified Guide
Jon F. Elliott
BSE, MPP, JD
Mr. Elliott’s professional
experience includes:
P
racticing attorney in California.
C
ompliance consultant and legal
advisor (since 1985), specializing
in projects that address multiple
legal frameworks simultaneously.
I
nstructor in University of
California Extension Professional
Certificate Programs.
F
ederal Toxics Program Commentary
H
azardous Materials Program Commentary: California
O
SHA Compliance: A Simplified National Guide
U
.S. Federal Mandatory Greenhouse Gas Emissions Reporting
Audit Protocol
G
reenhouse Gas Auditing of Supply Chains
He has also produced the following publications relating to
corporate governance and activities:
S
ecurities Law: A Guide to the 1933 and 1934 Acts
D
irectors’ and Officers’ Liability
W
orkplace Violence Prevention: A Practical Guide
He continues to write quarterly updates for these, and many
other, important publications.
Mr. Elliott has a diverse educational background. In addition
to his Juris Doctor (University of California, Berkeley Boalt
Hall School of Law–1981), he holds a Master of Public Policy
(Goldman School of Public Policy, UC Berkeley–1980) and a
Bachelor of Science in Mechanical Engineering (Princeton
University–1977).
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EHS Hazardous Chemical Checklists / eBook Volume 2

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EHS Hazardous Chemical Checklists / eBook Volume 2
17