Start YES YES YES YES YES. Do you generate a solid or liquid waste? You are not subject to hazardous waste regulations.

Transcription

1 hazardous waste Start Do you generate a solid or liquid waste? YES NO You are not subject to hazardous waste regulations. Evaluate your waste to determine if it is hazardous. Is the waste exempt? NO YES You are not subject to hazardous waste regulations. Is the waste listed as hazardous waste? NO YES You generate hazardous waste. Continue on the next page. Does the waste exhibit a hazardous characteristic? NO YES You generate hazardous waste. Continue on the next page. Does the waste contain 50 ppm or greater PCBs? YES NO You are not subject to hazardous waste regulations. You generate hazardous waste. Continue on the next page....continued on next page 3

2 hazardous waste Obtain a hazardous waste ID.* Obtain a generator license and pay fee.* Mark and store waste properly. Plan for emergencies.* Train personnel.* Choose a qualified transporter and disposal facility. Do not exceed accumulation amounts and time limits.* Manifest shipments.* Keep records.* *Requirements depend on generator size. 4

3 hazardous waste If your facility generates any solid or liquid wastes through maintenance, or a manufacturing or other process, you must evaluate whether the waste is hazardous. Hazardous wastes require special management practices to protect both your workers and the environment. This section describes basic hazardous waste requirements. For more help: Facilities outside the seven-county Twin Cities metropolitan area may contact the Minnesota Pollution Control Agency (MPCA) at (651) or (800) : - Companies with fewer than 100 employees: Small Business Assistance Program, (651) or toll-free (800) Facilities within the seven-county Twin Cities metropolitan area should contact the appropriate county hazardous waste program: Anoka County (763) Carver County (952) Dakota County (952) Hennepin County (612) Ramsey County (651) Scott County (952) Washington County (651) Step 1a: Evaluate your wastes Before you can evaluate the wastes generated by your facility you must identify and inventory them. Include waste discharged to the sewer, off-specification or unusable products, recycled wastes and other wastes associated with a production process (e.g., rags used for cleaning). Material Safety Data Sheets (MSDSs) and employees process knowledge will help in the evaluation. It may also be necessary to have the wastes analyzed by a laboratory. Once wastes are identified and inventoried, you will need to determine whether they are hazardous evaluate. To do this, answer the four questions (below) for each waste identified on the inventory. Note that the list of exempt or listed wastes on Questions 1 and 2 only includes wastes that would typically be generated by small businesses. ( Exempt wastes are materials that by rule are not considered hazardous waste. Listed hazardous wastes are materials that the U.S. Environmental Protection Agency, or EPA, has classified as hazardous.) The rule cited includes all the materials that are considered exempt or listed hazardous wastes. Question 1: Is the waste exempt? Exempt wastes (MN Rule and ) include: normal household refuse nonhousehold refuse (unusable paper, cardboard, untreated wood and plastic) samples sent to a testing laboratory demolition debris used oil (not contaminated with any other solvents) that is recycled 5

4 hazardous waste scrap metal that is recycled waste discharged to surface waters under a National Pollution Discharge Elimination System (NPDES) permit waste from emergency spill cleanups approved by the MPCA certain wastes containing trivalent chromium empty containers and liners used to hold a hazardous material (except for compressed gases or acutely-hazardous waste). For non-acute hazardous waste, an empty container is defined as having: - no more than one inch of residue in the bottom - no more than 3 percent by weight of residue in a container 110 gallons or less in capacity - no more than 0.3 percent by weight of residue in a container more than 110 gallons in capacity - aerosol cans that contain no product and no pressure Question 2: Is t h e wa s t e listed as a hazardous wa s t e? Certain classes of chemical wastes are specifically called out or listed in the rules as being hazardous (MN Rule ). EPA has assigned a code for each different type of hazardous waste that is listed (e.g., F001). These wastes are known as listed hazardous wastes. Common listed wastes include: Hazardous wastes from nonspecific sources: F001: Spent halogenated solvents used in degreasing, such as trichloroethylene, methylene chloride, 1,1,1-trichloroethane and carbon tetrachloride. F002: Spent halogenated solvents, such as those above but not used as degreasers. Other examples are 1,1,2-trichloro-1,2,2-trifluoroethane and chlorobenzene. F003: Spent nonhalogenated, ignitable-only solvents, such as xylene, acetone, methanol and methyl isobutyl ketone. F004: Spent nonhalogenated solvents, such as cresols, cresylic acid and nitrobenzene. F005: Spent nonhalogenated solvents such as toluene, methyl ethyl ketone, carbon disulfide and benzene. Spent solvent mixtures/blends containing 10 percent before use of F001, F002, F004 and/or F005 compounds. F006-F039: Various spent baths and solutions, distillation bottoms, wastewater and filters. K-listed wastes: wastes from specific manufacturing processes, such as preserving wood, formulating inks, pigments, chemicals and pharmaceuticals, refining petroleum and metal smelting. P-listed acute hazardous and U-listed toxic wastes: typically these materials are discarded chemical products, off-specification products and/or spill residues. 6

5 hazardous waste Question 3: Is t h e wa s t e hazardous because it exhibits a hazardous characteristic? A waste that exhibits one or more hazardous characteristics is a hazardous waste. Hazardous characteristics include: Ignitable waste - D001 Liquid wastes having a flashpoint below 140 degrees Fahrenheit; or, a nonliquid waste capable, under standard temperature and pressure, of causing fire through friction, absorption of moisture, or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a hazard; or, an ignitable compressed gas. Examples of ignitable wastes include spent parts-washer waste and spent solvents. The MSDSs f o r yo u r r a w m at e r i a l s c a n h e l p determine if t h e waste is h a z a r d o u s. Lab o r ato ry tests c a n a l s o h e l p determine if t h e wastes e x h i b i t a h a z a r d o u s c h a r ac t e r i s t i c. Oxidizing waste - D001 Wastes that add oxygen to a fire. Oxidizing substances often have per... at the beginning of the name, oxide at the end of the name, or...ate in its chemical name. Oxidizers may be used in a manufacturing process to add oxygen. Typically, these materials are used up but, if they are not, the waste material may be hazardous. Corrosive waste - D001 Water-based wastes having a ph of 2.0 or less (strong acids) or 12.5 or more (strong bases); also, any liquid able to corrode 1/4 inch of steel per year. Automotive battery acid is an example of a corrosive waste. Reactive waste - D001 Unstable or explosive wastes; wastes that react violently in the presence of water; and, sulfideor cyanide-bearing wastes which give off toxic vapors when exposed to ph conditions between 2.0 and Lithium batteries (even spent ones) are an example of a reactive waste. Lethal waste - D001 Wastes that have been found through testing to cause death when ingested, inhaled or absorbed. Typically, lethal wastes are poisons. Toxicity Characteristic waste - D001 Wastes that, under acidic conditions, release toxic metals, pesticides or volatile organic chemicals above certain limits. Examples of toxic hazardous wastes are photographic fixers, some paints and chemical wastes. 7

6 hazardous waste Question 4: Do e s your business w o r k w i t h o i l-containing equipment o r Fluorescent l i g h t ballasts t h at contain polychlorinated biphenyls (PCBs)? Wastes containing PCBs at a concentration of 50 parts per million (ppm) or more are hazardous. Ballasts from old light fixtures may contain PCBs. Review your answers to questions 1 through 4. If you answered 'no' to question 1 or 'yes' to questions 2, 3, or 4, you probably generate hazardous waste. Continue to the next step. If you determine your facility does not generate any hazardous wastes, you are not subject to hazardous waste regulations. If your facility's operations change, you must re-evaluate to determine whether any new wastes are hazardous. Step 1b: Determine your generator size To figure out which hazardous waste requirements apply to your facility, first determine how much waste your facility generates. Remember, exempted wastes are not counted when determining generator size. The table below will help determine your facility's generator size. If your facility generates: 220 pounds of hazardous waste or less per month (about one-half a 55-gallon drum of liquid waste) More than 220 pounds but less than 2,200 pounds of hazardous waste per month (about one-half to four 55-gallon drums of liquid waste) 2,200 pounds or more of hazardous waste per month (four or more 55-gallon drums of liquid waste) Then your facility s size is: VSQG (Very Small Quantity Generator) SQG (Small Quantity Generator) LQG (Large Quantity Generator) Remember, the less waste generated, the fewer the requirements. Step 2: Obtain a Hazardous Waste Identification Number Hazardous Waste ID numbers (formerly called EPA ID numbers) are each assigned to a specific location and are used for tracking where wastes are generated and where they are disposed of. If you have more than one facility, you will need a number for each location. There is no charge to obtain a number. You may not ship wastes legally without an ID number. In certain cases, VSQGs may not need an ID number; see the VSQG drop-off site information in Step 6. 8

7 hazardous waste A Hazardous Waste ID number can be obtained by filling out a Notification of Regulated Waste Activity Form. This form is available from the MPCA or a metropolitan county hazardous waste office (see phone numbers at the beginning of this chapter). The form is also available on the MPCA Web site at In some cases, a business generates waste in multiple buildings but ship wastes from only one location. If the buildings are on contiguous property, you need just one HW ID number. For a definition of contiguous property, call the MPCA or your county hazardous waste office. Changes in your business: If your business moves to a different location, you must deactivate the HW ID number for the existing location and obtain a new number for the new location. Use the same Notification of Regulated Waste Activity Form to deactivate a number. Check the box marked subsequent notification and attach a note stating that the HW ID number is to be deactivated and why. If you change operations so that hazardous wastes are no longer being generated, you must also deactivate your HW ID number. Wh at to d o if yo u a r e m ov i n g o r n o lo n g e r generating waste. The notification form should be sent to the address on the instruction sheet available on the MPCA website at Step 3: Apply for an annual generator license All Minnesota businesses that generate hazardous waste must obtain an annual Hazardous Waste Generator License and pay an annual fee. The only exception is generators outside the metropolitan area that generate less than 10 gallons of hazardous waste per year. If your business is located in the metropolitan area, contact your county hazardous waste office for appropriate forms. The license from the appropriate county hazardous waste office is equivalent to a license from the MPCA. If your business is outside the metropolitan area and you have applied for a HW ID number, a license package will be automatically sent to you. Licenses are issued by the MPCA around June 30 of each year. Metropolitan countries may be on a different schedule. All licensed generators are charged a license fee that varies, depending on the amount of waste generated and how the waste is managed. Generators are also subject to a generator (Superfund) tax which is based on generator size or waste volume and management method. 9

8 hazardous waste Step 4: Place waste in marked, leakproof containers Containers used for storing hazardous wastes must be sturdy, leakproof and made of, or lined with, materials compatible with the wastes stored. Containers must be marked with the following information: the words hazardous waste, name of the contents of the container (e.g., waste MEK or paint waste) the date the first waste was placed inside (called the accumulation start date ) Preprinted labels are available (but not required) for marking containers (see list below for availability). Additional information is required when the waste is shipped. The required Minnesota Department of Transportation (MnDOT) shipping label may also be used for storage. Your waste transporter should be familiar and able to help you with MnDOT shipping requirements. Packaging, Labels and Placards The following companies sell hazardous waste packaging, labels and placards. This is not a complete list. DASCO Label 7787 Ranchers Road Northeast Fridley, MN OR For: labels, placards J.J. Keller 3003 West Breezewood Lane PO Box 368 Neenah, WI For: labels, placards, forms Uline 985 Aldrin Eagan, MN For: labels, placards, packaging Labelmaster Company Division of American Label Mark 5724 North Pulaski Road PO Box Chicago, IL For: labels, placards, packaging Lab Safety Supply PO Box 1368 Janesville, WI ( For: labels, placards, packaging 10

9 hazardous waste Step 5: Store wastes correctly Follow all fire and building codes for wastes stored indoors. In addition: Keep containers closed except when wastes are added or removed (this includes bungs and snap rings). Place containers holding liquids on a surface impermeable to that particular waste. Provide enough aisle space for easy access and visibility. Inspect containers at least weekly to ensure they have not deteriorated or are not leaking. Separate incompatible wastes with a dike, berm or wall within the storage area. Store wastes in an area without floor drains. When storing wastes outdoors: Follow all requirements for indoor storage, listed above. Restrict access to individuals responsible for managing the wastes. Store wastes on a curbed, impermeable surface. Protect wastes from the elements (rain, snow, sunlight) and the risk of inadvertent damage. You must also meet storage time limits. If you store wastes past storage time limits, you will be subject to additional hazardous waste requirements. Size Accumulation Limit Storage Time Limit VSQG 2,200 lbs. Ship stored waste within 180 days of the time it is accumulated. Mark on the container the date it became full. SQG 6,600 lbs. Ship stored waste within 180 days of the accumulation start date. LQG No limit Ship waste within 90 days of the accumulation start date unless a storage facility permit is obtained.* * If the treatment, storage or disposal facility is more than 200 miles away, the storage time limit is 270 days. If you are unable to ship waste within the storage time limit, you may request a 30-day extension from the MPCA (or your metropolitan county hazardous waste office). The request must be made in writing before you reach the storage time limit. Explain why the extension is necessary, the types and amounts of waste affected and the date you now anticipate shipping the waste. If granted, the extension allows your business to remain within its generator status. If yo u h av e wastes t h at ac c u m u l at e s l o w ly - c o n s i d e r satellite accumulation containers. 11

10 hazardous waste For wastes that accumulate very slowly, designate the container a satellite accumulation container. This allows you to accumulate up to one 55-gallon drum of that waste (or one quart of acute hazardous waste) before the storage time clock starts. Mark the accumulation start date on the container when you begin filling it, then the fill date when the container becomes full. Move the satellite container to the permanent storage area within three days of the fill date. Based on the fill date, ship the container off-site according to the storage time limit in the table above. For more information on satellite accumulation requirements, call the MPCA or visit Step 6: Transport and dispose of waste correctly Generators of wastes are responsible forever for their hazardous wastes. This means that even when you give your waste to a transporter or disposal facility, you may be liable for cleanup costs if a release occurs. To ensure your wastes are properly managed and to reduce your liability, choose a transporter and disposal facility with care. Before you contact a transporter, you need to know: kinds and amounts of waste you wish to have picked up form of the wastes (solid, liquid or sludge) types of containers holding the waste how often you need to ship the waste which recycling, treatment or disposal facility the wastes are to be shipped to Most hazardous wastes are managed by sending them off site. Some wastes can be treated and disposed of on site. Used oil generated by your business or dropped off by the public (not from another business) can be burned for heat recovery on site provided the burner is rated at less than 500,000 Btu/hour and is vented outside. If the total capacity of all fuel-burning equipment on site is less than or equal to 2,000,000 Btu/hour, these emissions are insignificant in terms of air emissions permits. No other hazardous wastes may be burned on site. Corrosive wastes may be discharged to the sewer once they are neutralized. Before you discharge any materials, check with your local wastewater treatment plant to ensure it can accept these wastes. A sewering notification form may also be necessary before you discharge wastes. Check with the appropriate metro county hazardous waste office or the MPCA to determine whether you need to complete this notification form. Do not place any industrial wastes in a septic system. Septic systems are not designed to handle this type of material even if it has been neutralized. 12

11 hazardous waste Do not let cost be the only criterion you use in selecting a transporter or disposal facility. Other important factors in selecting a transporter include: Is the transporter currently licensed by the Minnesota Department of Transportation (MnDOT)? See Does the transporter have a good track record? Have they been cited for violations within the last two years? Have they had spills or accidents within the past two years? If so, were appropriate cleanup actions taken? Ask the transporter for the names of other customers and call them for their opinion. Does the transporter maintain adequate insurance? Depending on what is hauled and how it is transported, the transporter is required to have between $1 million and $5 million liability insurance. Are drivers given proper training? Drivers must be trained on emergency-response procedures, placarding and labeling vehicles, filling out shipping papers, manifesting wastes, labeling and marking hazardous waste containers, loading and handling wastes, and safe vehicle operations. Will the transporter ship wastes to the disposal facility you select? Very Small Quantity Generators (VSQGs) may be able to drop off their own wastes at a collection site where wastes from many VSQGs are consolidated and then shipped to a disposal facility. Although each business must still pay disposal fees, the drop-off program is a convenient and low-cost disposal option. To take advantage of this, you must: Apply and receive approval from the drop-off collection site. (There are certain cases where a HW ID number is not needed. The drop-off collection sites can help you determine whether you need a HW ID number). Transport wastes from your business only in your business vehicle. Follow MnDOT requirements for transporting wastes. For more information, contact the collection program you intend to use. Keep all receipts for wastes delivered to drop-off sites. For a list of VSQG drop-off sites, see Factors to consider when selecting a disposal facility include: Does the facility have a good track record? Check with the environmental regulatory agency (similar to the MPCA) in the state where it is based and check with other customers. Often trade associations or peers can also help you. How will the facility dispose of your waste? The longer a waste remains in a form that can be released, the higher the liability. For example, incinerating wastes may be more expensive, but liability is much lower. Does the facility carry the necessary insurance? Does the facility have a plan to deal with spills or accidents? Has the facility ever had to use it? How are ash, sludge and empty containers managed? If possible, visit the facility. Look for general good housekeeping, workers using safety equipment, warning signs, fencing to restrict access to the site, and condition of building, tanks and equipment. Qu e s t i o n s to c o n s i d e r in selecting a transporter. 13

12 Please print or type. (Form designed for use on elite (12-pitch) typewriter.) Form Approved. OMB No Generator ID Number 2. Page 1 of 3. Emergency Response Phone 4. Manifest Tracking Number UNIFORM HAZARDOUS WASTE MANIFEST 5. Generator's Name and Mailing Address Generator's Site Address (if different than mailing address) Generator's Phone: 6. Transporter 1 Company Name U.S. EPA ID Number 7. Transporter 2 Company Name U.S. EPA ID Number 8. Designated Facility Name and Site Address U.S. EPA ID Number Facility's Phone: 9a. 9b. U.S. DOT Description (including Proper Shipping Name, Hazard Class, ID Number, HM and Packing Group (if any)) Special Handling Instructions and Additional Information 16. International Shipments Import to U.S. Export from U.S. Port of entry/exit: Transporter signature (for exports only): Date leaving U.S.: 17. Transporter Acknowledgment of Receipt of Materials Transporter 1 Printed/Typed Name Signature Month Day Year Transporter 2 Printed/Typed Name Signature Month Day Year 18. Discrepancy 18a. Discrepancy Indication Space 18b. Alternate Facility (or Generator) EPA Form (Rev. 3-05) Previous editions are obsolete. Quantity Type 10. Containers No. Type Residue Manifest Reference Number: Partial Rejection U.S. EPA ID Number Full Rejection Facility's Phone: 18c. Signature of Alternate Facility (or Generator) Month Day Year Hazardous Waste Report Management Method Codes (i.e., codes for hazardous waste treatment, disposal, and recycling systems) Designated Facility Owner or Operator: Certification of receipt of hazardous materials covered by the manifest except as noted in Item 18a Printed/Typed Name Signature Month Day Year 11. Total Quantity 12. Unit Wt./Vol. 13. Waste Codes 15. GENERATOR S/OFFEROR S CERTIFICATION: I hereby declare that the contents of this consignment are fully and accurately described above by the proper shipping name, and are classified, packaged, marked and labeled/placarded, and are in all respects in proper condition for transport according to applicable international and national governmental regulations. If export shipment and I am the Primary Exporter, I certify that the contents of this consignment conform to the terms of the attached EPA Acknowledgment of Consent. I certify that the waste minimization statement identified in 40 CFR (a) (if I am a large quantity generator) or (b) (if I am a small quantity generator) is true. Generator's/Offeror's Printed/Typed Name Signature Month Day Year hazardous waste GENERATOR INT'L TR ANSPORTER DESIGNATED FACILITY Step 7: Manifest hazardous waste shipments A manifest is a multiple-page shipping paper that must accompany each shipment of hazardous waste (VSQGs using drop-off sites only need shipping papers per MnDOT requirements). The manifest is the tracking document used to show that your wastes reached their proper destination. One manifest is prepared for each shipment of waste. You can obtain blank manifests from your transporter, disposal facility or the Minnesota Bookstore (651) Make sure the manifest information is correct. Remember, you are responsible, not the transporter. The most common problems found on manifests include: Not legible use a ball-point pen, press hard and print legibly. Missing required signatures and dates make sure to complete all information in the certification section. Valid numbers make sure you use a valid HW ID number for your location and that the transporter and disposal facility also use valid ID numbers. MnDOT information missing or incorrect make sure to complete all information in this section carefully. VOID DESIGNATED FACILITY TO DESTINATION STATE (IF REQUIRED) The universal manifest contains six pages which are distributed as follows: give pages 1-5 to transporter send a photocopy of page 6 to the appropriate address in the chart below keep page 6 for your records For VSQGs in Anoka, Carver, For VSQGs in Dakota, Hennepin, Ramsey For all Minnesota Scott County and Washington Counties SQGs and LQGs* Scott County hazardous Waste Manifest Program MPCA 200 Fourth Avenue West Mail Code 609 Attn.: HWIMS Shakopee, MN South Sixth Street 520 Lafayette Road North Minneapolis, MN St. Paul, MN When the disposal facility receives the waste, it will sign and send a page back to you. Within five days of receiving it, make a photocopy and mail to the appropriate address above. Keep the page with your records for at least three years. If the disposal facility does not send you a signed page within 35 days, contact them to ensure they received the waste. If you do not receive it within 45 days of shipment, notify the MPCA. 14

13 hazardous waste Step 8: Emergency planning All generators are required to prepare for an emergency. Basic requirements all generators must meet include: A system to alert employees to an emergency. (For small shops, verbal communication is acceptable.) Emergency telephone on site to call outside responders. Fire-control equipment suitable for the materials used or stored. Spill-control equipment necessary for the types of materials being used or stored. Decontamination equipment, such as emergency showers. Routine testing and maintenance of emergency equipment. A storage area free of drains, unless they are plugged or protected so waste cannot be released. Documented arrangements with local authorities/responders in the event of an emergency. Adequate aisle space to access leaking containers. Containers stored away from equipment routes to prevent releases. Additional emergency planning requirements apply to small and large quantity generators (SQGs and LQGs). Call the MPCA for fact sheets on these requirements or visit waste/pubs/business.html#general. Step 9: Train personnel SQGs and LQGs are subject to training requirements for hazardous waste. Personnel at VSQG facilities should be familiar with safe waste-handling and emergency- response procedures. OSHA programs require employees to be adequately trained in using fire-suppression equipment and in cleaning up small/incidental spills. SQGs are required to train personnel according to their responsibilities: Proper waste handling (proper containers, marking and labeling, storage requirements, weekly inspections, preparing containers for shipment and manifesting wastes). Emergency procedures (fire and spill response). SQGs must document training activities. Documentation should include names of employees trained, training dates and content of the training. LQGs have more extensive training requirements. Call the MPCA for fact sheets discussing SQGs and LQGs training requirements or visit Step 10: Keep records Your business is required to keep a number of records. For your own protection from future liability, the MPCA recommends you keep these records indefinitely. Electronic records may be used in place of paper copies. 15

14 hazardous waste The following records must be maintained for at least three years: Manifests and manifest exception reports. Your copy of your initial license application and subsequent renewals. Analytical reports for wastes. Documentation of employee training (must be kept for three years after the last date the employee worked for your company). Weekly inspection logs of storage areas and containers. Receipts for used oil and used oil filters. Records of universal waste, if you are a large quantity universal waste handler. See www. pca.state.mn.us/publications/w-hw4-62.pdf. Documentation for feedstocks or byproducts. You may use some wastes in other products you manufacture. To do this, you must request and receive approval to classify these materials as feedstocks or byproducts. Land Disposal Restriction (LDR) notification forms. LDR applies to Small and Large Quantity Generators. Keep these forms with your manifests. Other records to keep include: Documentation showing how nonhazardous wastes were determined to be nonhazardous. Any correspondence from the MPCA, EPA or metro county hazardous waste office. A log of telephone calls regarding hazardous waste management. Certificates of destruction or recycling from the disposal facility. Spill and cleanup records. Sample spreadsheets and logs for weekly inspections and training records are available from the MPCA or at 16

15 tanks Start Underground Storage Tanks (UST) Do you store a hazardous substance or a petroleum product? NO The UST is not regulated. YES Is the storage capacity 110 gallons or greater? NO Notification is not required. UST is not regulated. YES Submit a "Notification/Change in Status for Underground Storage Tanks" registration form. Comply with tank and piping leak-detection requirements. Provide corrosion protection (for metal tanks only). Install spill and overfill prevention (required if 25 gallons or more of product is received at one time). Keep records. 49

16 tanks Start Aboveground Storage Tanks (AST) Store or intend to store 1,000,000 gallons or more of a liquid that may cause pollution to the waters of the state? NO YES You will need to get a permit. Contact the MPCA for more information. Store any hazardous substances or petroleum products? YES NO Do you store a liquid that may cause pollution to waters of the state (including feed based products) and is storage capacity > 500 gallons? Is the storage capacity 10,000 gallons or greater? YES Develop spill planning and response plan. NO NO YES Is the storage capacity 500 gallons or greater? YES NO Tank rules do not apply. Submit a "Aboveground Tank Facility Notification Form". Provide secondary containment. YES Is the storage capacity 1,100 gallons or greater? Conduct leak/monitoring tests. NO Provide spill/overfill containment. Provide corrosion protection (required for steel AST >1,100 gals). Follow other applicable tank requirements. 50

17 tanks This chapter contains information about regulations for aboveground and underground storage tanks, and methods to prevent contamination from them. For more information on tank regulations: Minnesota Pollution Control Agency (MPCA) at (651) or (800) If your business has 100 or fewer employees, call the MPCA s Small Business Environmental Assistance Program at (651) or (800) Fact sheets are available at Underground Tanks Step 1: Determine whether your tank is regulated. A regulated underground storage tank system is any combination of containers, tanks and piping connected to them where 10 percent or more of the total system is covered with backfill. In addition, the product inside must be a petroleum product or hazardous substance as defined by state rule. A number of tanks are exempt from federal and state requirements based on size and use. These exempt tanks include: farm or residential tanks of 1,100 gallons or less capacity storing motor fuel for noncommercial purposes equipment or machinery containing regulated substances for operational purposes; such as a hydraulic lift tank and electrical equipment tanks underground storage tanks having less than 110-gallon capacity heating-oil tanks with a capacity of 1,100 gallons or less where the oil is consumed where stored septic tanks liquid traps or associated gathering lines directly related to oil or gas production and gathering operations surface impoundments, pits, ponds or lagoons stormwater or wastewater collection systems flow-through process tanks storage tanks situated in underground areas, such as basements, cellars, mines, drifts, drafts or tunnels if the storage tanks are located upon or above the surface of the floor storage tanks storing liquids that are gases at atmospheric temperature and pressure (e.g., LP gas) Underground storage tanks that hold more than 1,100 gallons of heating oil used to heat the premises where the tank is located must meet state requirements. These requirements can be found in: Step 2 tank registration and notification of tank removal and installation Step 4 contractor certification for tank removal, installation and repair 51

18 tanks Step 4 corrosion protection for new underground storage tanks All other underground storage tanks used for petroleum and hazardous materials must meet both federal and state underground storage tank requirements outlined in this chapter. These requirements vary depending upon the date the tank was installed. Step 2: Provide notifications and registrations for underground storage tanks All regulated underground storage tanks must be registered with the MPCA. If you wish to register a tank or have a tank removed, complete a Notification/Change in Status for Underground Storage Tanks form. The form can be obtained by calling the MPCA or visiting You must notify the MPCA at least 10 days before installing or closing a regulated underground storage tank. The owners of a site where an underground tank is located must also disclose the existence of the underground tank when selling the property. This information must be recorded in the county where the property is located and must include: legal description of the property where the tank is located description of the tank location of the tank any known release of a regulated substance from the tank description of any restrictions currently in force because of any release name of the tank owner Step 3: Comply with leak-detection requirements Regulated underground storage tanks (except those holding more than 1,100 gallons of heating oil used to produce process heat and heat the premises where the tanks are located and those that store fuel solely used for emergency generators) must meet leak detection requirements. Leak detection may be conducted in a number of ways: inventory control in conjunction with tank-tightness testing manual tank-gauging for tanks of 1,000 gallons or less capacity manual tank-gauging plus tank-tightness testing for tanks greater than 1,000 to 2,000 gallons in capacity statistical inventory reconciliation automatic tank-gauging interstitial monitoring for double-walled tanks Piping systems for tanks may also require leak detection. 52

19 tanks Leak Prevention Requirements Type of System Pressurized Systems Requires both continuous and periodic leak detection. Requirements Continuous: Automatic Flow Restrictor Automatic Shutoff Device Continuous Alarm Periodic: Annual Line Tightness Test Statistical Inventory Reconciliation Electronic Line Leak Detector Interstitial Monitoring Suction Systems If system has a check valve solely at the dispenser, then leak detection testing is not required. Where required: Line Tightness Test Every Three Years Statistical Inventory Reconciliation Interstitial Monitoring For help in determine what leak-detection equipment or testing is best for your system, contact the MPCA at the telephone numbers listed at the beginning of the chapter. Step 4: Comply with corrosion-protection requirement Regulated metal underground storage tank systems were required to be upgraded with corrosion protection by December 22, All regulated tanks (e.g., metal, fiberglass, composite) were also required to install spill prevention and overfill prevention by December 22, The goal of these requirements is to minimize releases due to corrosion of tanks and piping, overfills and spills. Regulated heating oil tanks larger than 1,100 gallons installed after August 1, 1985 should have been installed with corrosion protection. These tanks are not subject to the spill and overfill protection standards, but upgrades are recommended. In general, used (waste) oil tanks are not subject to spill-containment or overfill-prevention requirements. All regulated metal underground storage tanks must have the corrosion-protection system tested within six months of installation or upgrade, and every three years thereafter. Regulated tanks not upgraded by December 22, 1998 must be removed or replaced. Facilities with tanks and piping systems out of compliance may be issued a red tag, which prohibits fuel delivery. There may also be an enforcement action and monetary penalty as a result of failure to comply. 53

20 tanks A certified contractor or supervisor must be used to remove, replace or repair a regulated underground storage tank system. A list of contractors is available from the MPCA at www. pca.state.mn.us/publications/ust-cert.pdf. Make sure to get bids from several contractors and check each one's work experience. Industry associations can sometimes supply information on specific contractors. Step 5: Comply with temporary closure requirements Regulated tanks that are not actively used can be put into temporary closure. Facilities putting regulated tanks into temporary closure must notify the MPCA within 30 days. Facilities must use a Notification/Change in Status for Underground Storage Tanks form, available from the MPCA or at Tanks that contain product when put into temporary closure must have corrosion protection and meet leak-detection requirements. Empty tanks (those containing less than one inch of product) do not require leak detection. Tanks can remain in temporary closure for up to one year. After one year these tanks must be placed back in service, removed, replaced, or abandoned and filled in place with a cement concrete slurry or polyurethane foam. Abandonment is subject to the approval of the State Fire Marshall's Office. Their phone number is (651) For all tanks put into temporary closure for more than three months: The vent for the tank must remain open. The tank openings must be capped. The dispensers must be locked and secured. Step 6: Maintain necessary records Facilities with regulated underground storage tanks must maintain records for corrosion protection, release detection, system repairs and tank closures. These records include: test results indicating whether the corrosion protection is adequate for the tank system (must be kept for at least 6 years); release detection, sampling, testing and monitoring records (must be kept for ten years); documentation of manufacturing claims for release-detection equipment (must be retained for the life of the system); system repair records (must be maintained for the life of the tank system); and permanent closure records (must be kept three years). Other Help: Underground Storage Tanks in Minnesota: Answers to commonly-asked questions. To receive a copy of the booklet call the MPCA or visit pdf. A series of fact sheets on the tank rules are available from the MPCA at cleanup/pubs/stortanksfs.html. 54

21 tanks Aboveground Tanks Step 1: Determine whether your tank is affected If you store liquid substances, you may be subject to aboveground storage tank regulations. There are two parts to consider: Notification requirements Technical requirements and performance standards Notification Requirements for Aboveground Storage Tanks: Owners of aboveground storage tanks that are 500 gallons or larger and contain a hazardous material or petroleum product must notify the Minnesota Pollution Control Agency (MPCA) within 30 days of installation or discovery of these tanks. In addition, tank owners are required to notify the MPCA within 30 days of change of product or change of status of the tanks. Tanks excluded from this requirement include: Farm or residential tanks that are 1,100 gallons or less storing motor fuel used for non-commercial use; Heating oil tanks that are 1,100 gallons or less; Tanks storing liquids that are gaseous at atmospheric temperatures and pressure; Tanks used for storing agricultural chemicals regulated by the Minnesota Department of Agriculture. Notification requirements can be met by completing an Aboveground Storage Tank Facility Notification Form and submitting it to the MPCA. The form is available from the MPCA at the number listed in the beginning of this chapter or at mn.us/publications/t-a1-20.pdf. If substances have not been added or removed from a regulated aboveground storage tank for a year or more, the owner must maintain and monitor the tank; declare the tank inactive and follow out-of-service requirements; or remove the tank. Within 30 days, an updated aboveground storage tank notification form must be submitted by the owner to the MPCA. The fact sheet Out-of-Service Tank Systems explains more about these requirements. Aboveground storage tanks storing liquid substances that may cause pollution to the waters of the state may be regulated. Types of stored substances affected by these regulations can range from petroleum to food products. If your company stores or intends to store 1,000,000 gallons or more of a liquid substance, a permit is needed. Contact the MPCA for more information. Companies with less than 1,000,000 gallons of aboveground storage may be subject to technical requirements and performance standards. 55

22 tanks A number of aboveground storage tanks are exempt from these requirements based on their size or use. These include: tanks located at a farm and used for farming purposes tanks less than 500 gallons in size tanks between 500 gallons to 1,100 gallons that are beyond 500 feet of a Class 2 Surface Water (aquatic life and recreation use) tanks located on a site for 30 days or less indoor tanks aboveground storage tanks holding 1,100 gallons or less used to store heating oil for on-site consumption wastewater treatment equipment, including a wastewater clarifier, wastewater treatment basins, tanks regulated by a National Pollutant Discharge Elimination System permit (NPDES), State Disposal System permit (SDS), or another pretreatment system permit equipment holding substances used for operational purposes like integral hydraulic lift tanks, lubricating oil reservoirs for pumps and motors, and electrical equipment aboveground storage tanks containing hazardous wastes subject to a treatment or storage permit stormwater collection systems and septic systems aboveground storage tanks containing agricultural chemicals regulated under Minnesota Statutes 18B, 18C, 18D a vehicle like a tank truck or a railroad car designed to transport substances from one location to another unless it remains in the same location more than 30 days aboveground storage tanks containing drinking water, filtered surface water, de-mineralized water, noncontact cooling water, or water stored for fire or emergency purposes tote tanks compressed gas tanks stainless steel tanks containing any substance that is not a petroleum product or hazardous substance surface impoundments, pits, ponds, or lagoons residential aboveground storage tanks storing 1,100 gallons or less of motor fuel used for noncommercial purposes Step 2: Ensure that secondary containment is in place All aboveground storage tanks need to have a secondary containment area that will prevent a release to the environment. If more than one product is stored within a containment area, the products must be compatible with each other. Tanks installed before November 2, 1998 These tanks are currently required to have a continuous dike surrounding the tank to prevent releases from contaminating surface waters. As of November 1, 2003, the containment volume should equal 100% of the largest tank within the containment area with an additional 10% for containment areas exposed to precipitation. Also, the secondary containment system must be made of specific materials. Soil is allowed if it meets specific permeability requirements. For more information on material options or permeability testing requirements, contact the MPCA. 56

23 tanks Tanks installed after November 1, 1998 At the time of installation, these tanks are required to have secondary containment constructed of specific materials. Clay is allowed if it meets specific design and permeability requirements. The containment volume must be at least 110% of the largest tank. In addition, the area directly under a tank must be designed and constructed with an acceptable method of leak detection. Note that double-walled tanks satisfy secondary containment requirements. For more information on other options, refer to the Secondary Containment for Aboveground Storage Tanks fact sheet or visit Step 3: Perform leak monitoring tests Tanks must be routinely monitored to ensure they are not leaking. The frequency of this monitoring depends on the containment permeability. If permeability of the secondary containment area is 10-7 cm/second, and the area under the tank is designed for leak detection, a weekly check for leaks in the containment area is required. If permeability of the secondary containment area does not meet these requirements, a containment area check is required every 72 hours. In addition to the checking for leaks, all tanks, piping, and containment areas must be visually inspected monthly to ensure they are in good condition. If a facility has underground lines associated with their aboveground storage tank, they must be tested for leaks annually. For more information, please refer to the Monitoring Requirements fact sheet or visit Additional requirements apply to facilities that have one or more aboveground storage tanks with a capacity of 2,000 gallons or greater AND the storage tanks are used to store petroleum products for subsequent resale. For further information, call the MPCA for the Petroleum Product Delivery Law fact sheet or visit Step 4: Ensure corrosion protection is in place Aboveground storage tanks installed after November 1, 1998, must have corrosion protection in place for the tank floor. Corrosion protection options include: elevating tanks above the ground resting tanks on a continuous concrete slab designed to prevent water accumulation around or under the tank installing double-walled tanks cathodically protecting and internally lining tank floors cathodically protecting and internally inspecting tanks according to American Petroleum Institute (API) protocol internally lining tanks and internally inspecting according to API protocol All lines or piping connected to a tank must be double-walled, located aboveground or cathodically protected. Aboveground storage tanks installed prior to November 2, 1998, were required to have corrosion protection on the tank and underground lines by November 1, There are 57

24 tanks exclusions to this requirement for tanks having certain types of containment. For more information about corrosion protection call the MPCA for the Corrosion Protection for Aboveground Storage Tanks fact sheet or visit Step 5: Ensure that spill and overfill containment is in place Substance transfer areas must be equipped with spill containment that can effectively contain a release at the connection point and vehicle during transfers. For more information on spill containment call the MPCA for the Substance Transfer Area Requirements fact sheet or visit All regulated tanks must be equipped with overfill prevention equipment. Aboveground storage tanks installed before November 2, 1998, must have had overfill protection by November 1, Tanks installed after November 1, 1998, must be equipped with overfill protection at the time of installation. For more information on overfill protection, please refer to the Overfill Protection fact sheet or visit Step 6: Follow other applicable tank requirements General requirements apply to many tanks. If applicable, follow these rules: Underground storage tanks of any size cannot be used as aboveground storage tanks; Tank owners and operators must clearly label the contents of all tanks and lines (piping); If a person is not on site 24 hours a day, the tank facility needs to have a sign posted with a name, address, and phone number of an emergency contact (owner, operator, or local emergency response); Most field-erected tanks are required to be internally and externally inspected using American Petroleum Institute (API) protocol. Field-erected tanks are tanks that are constructed by final assembly on site; Owners or operators removing aboveground storage tanks must sample the area around the tank to ensure that there is no contamination resulting from substances stored in the tank; Tanks that are greater than 500 gallons in capacity and less than or equal to 1,100 gallons in capacity and located within 500 feet of a Class 2 Surface Water must meet the notification, labeling, and secondary containment requirements only. A Class 2 Surface Water includes any waters used for fishing, fish culture, bathing, or any recreational purpose for which quality is or may be necessary to protect aquatic life, terrestrial life, or the public health, safety and welfare; Tanks that store product for longer than 30 days, but less than one year, are considered temporary tanks. These tanks must be labeled, have a facility sign posted, provide secondary containment, and be maintained; Owners of regulated aboveground storage tanks that are larger than 1,100 gallons in capacity are required to keep records about the system design, containment area evaluation, tank monitoring and tank inspections. For more information on these requirements contact the MPCA or visit cleanup/ast.html. 58