Hazardous Materials Compliance CalEPA (CUPA) and Cal / OSHA Training and New Regulations Carter Redding, CHMM Condor Earth Technologies, Inc. July 2012
Why so many regulations? Accidents they happen any time anywhere
Accidents require one main thing Exposure can be to: Exposure A material (a hazardous material or waste). A condition (heat). A working condition (confined space, poor maintenance). An ingrained habit (not thinking the consequences of the action through). Dumb luck or lack thereof (an accident, being in the wrong place at the wrong time).
H.W. Heinrich, 1931, Adapted for use by Bird,Frank L, Germain, George L, Loss Control Management: Practical Loss Control Leadership, Revised Edition, Det Norske Veritas (U.S.A.), Inc, Figure 1-3, pp. 5, 1996, Extended -Conoco Philips Marine Safety Pyramid (April 2003)
A few examples of
Hazardous Material Compliance Reducing Exposure Hazardous Material: any material which because of its quantity, concentration or physical or chemical characteristics, poses a significant present or potential risk to human health and safety or the environment {HSC Ch 6.95, Section 25501(n)} Hazardous Waste: a waste with properties that make it potentially dangerous or harmful to human health or the environment
Hazardous Materials (cont d) Hazardous Materials and Hazardous Wastes have similar definitions but are characterized and handled differently. One main difference is that a hazardous material only becomes a hazardous waste when it has outlived its usefulness. In many instances that is when the individual defines that it is no longer useful.
Facility makes initial determination if the material or waste is hazardous waste. The CUPA can disagree. Means of deciding include: Does it have an MSDS (SDS)? Is it regulated by DOT? Does it have warning words or graphics? Is it on a regulated list (material or waste)? Has it been used and can it be reused? Does it exhibit characteristics of Combustibility, Reactivity, Ignitability or Toxicity?
Facility Compliance EPA (CUPA) and OSHA Simplified Flow Diagram (no air, minimal haz waste & storm water) Hazardous Materials Compliance Hazardous Waste Compliance Hazardous Waste Treatment Cal / OSHA Employee CalEPA Neighborhood Environment CalEMA Emergency Response Water Boards Environment DTSC Environment Industrial Safety Orders CUPA Storm water General Enforcement Program Quality Verification CalARP HMBP UST APSA / SPCC (>1320 gal oil) Written Programs Training Emergency Response Notification Hazardous Waste Manifesting and Treatment
The Bottom Line It s all about awareness
Reporting Requirements CUPA Hazardous Materials Business Plan 6 Programs. (HMBP) Hazardous Materials Business Plan. Above Ground Storage Tanks (APSA / SPCC). Underground Storage Tanks (UST). Hazardous Wastes. Accumulation Time (CESQG, SQG, and LQG). Satellite Accumulation. Manifesting, and Transportation Offsite. PE Assessment of Tanks (LQG). Treatment. CalARP. Stormwater.
Reporting Requirements CUPA Hazardous Materials Business Plan (HMBP) (cont d) Facility Information. Business Information. Site Plan. Consolidated Contingency Plan. Other Program Materials. RMP. SPCC. ETC.
Reporting Requirements AB 408 Changes (HMBP) Signed into law 10/8/11 as emergency legislation. Cost recovery. Increases public agency recovery capability for emergency response. Broadens definition of hazardous substance for back charging purposes.
Reporting Requirements AB 408 Changes (HMBP) (cont d) Hazardous Waste. Consolidated manifesting one shipment of used oil - generator having suspended ID. Adds oil based paint to recycle similar to latex based paint. Hazardous Material threshold quantities. Changed under certain circumstances.
Reporting Requirements CUPA Hazardous Materials Business Plan (HMBP) (cont d) Hazardous Materials Thresholds. 55 gallons of a liquid. 200 cubic feet of a gas. 500 pounds of a solid. Extremely Hazardous Materials Thresholds. Threshold Planning Quantity (TPQ) found in different lists including (list of lists). Hazardous Waste Thresholds. Same as Hazardous Material but must be manifested and moved offsite within 90 to 180 days or else permitted and treated onsite.
Reporting Requirements CUPA AB 408 Quantity Changes (cont d) Modified Hazardous Materials Thresholds 1,000 cubic feet of a gas classified under Hazard Communication as a simple asphyxiate or pressure release only. Gas cannot be in cryogenic state. 1,000 cubic feet of O 2, N 2, or N 2 O maintained by doctor, dentist, veterinarian, etc. 5,000 pounds of a solid or liquid classified under Hazard Communication as a sensitizer or irritant only. 55 gal each type of lubricating oil (275 gal total). 1,320 gal oil for certain oil-filled electrical equipment. Remote site exemption.
Consolidated Contingency Plan Responsible facility individual. Responsible environmental contact. Responsible emergency contact. Means for notifying neighborhood. Nearest medical facility. Nearest hospital. Emergency response equipment onsite. Equipment maintenance.
Consolidated Contingency Plan (cont d) Plan for dealing with a chemical release (e.g. enters the environment). Emergency versus non emergency response. Employees must be trained to take care of releases at least yearly. Training may need to include HazWOPER (8 or 24 hour emergency response 8 CCR 5192(q)).
What is a reportable release? And when do I have to report it? A release is: Any spilling, leaking, pumping, pouring, emitting,, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, unless permitted or authorized by a regulatory agency. {HSC 25501 and CERCLA 101(22)}. Hazardous materials releases that require notification are: All significant spills, releases or threatened releases of hazardous materials. They must be immediately reported. {Immediately means 20 minutes or less unless the situation is being stabilized or personnel are receiving medical attention}.
What s an emergency? An uncontrolled release to the environment having health, environmental, or financial impact. Solid that impacts traffic, environment, etc. Concern - small particle size. Liquid that is not in containment and leaves property. Concern enters ground or water table or storm drain. Gas that enters atmosphere. If it can be dealt with at a reasonable pace without affecting employee or community health or the environment it s not an emergency. It still has to be reported if it goes into the environment.
Emergency Action or Response Plans Emergency Action Plans deal with: Building evacuations, exit routes, etc. Maintaining a head count. Injured employees (first aid, doctor, and hospital). Notifications. Who. What. When. Emergency Response Plans deal with: Fixing the problem.
CalARP (Risk Management Plans) Deals with 71 Federally regulated and 204 California only regulated toxic compounds (extremely hazardous substances) as well as flammables. Facilities required to submit if over Federal Thresholds (Federal and California) or requested by CUPA (California). Different program levels depending on effect on community. EPA Program to protect community and environment.
CalARP (Risk Management Plans) Risk reduction and mitigation program requiring filing with CUPA / Federal Government. Partial list of chemicals (CA Threshold /Federal Threshold Amount). Anhydrous ammonia (500/10,000 lb). Aqueous ammonia (500/20,000 lb). Chlorine (100/2,500 lb). Sulfur dioxide (500/5,000 lb). Acrolein (500/5,000 lb). Flammables (10,000/10,000 lb). Cal / OSHA Process Safety Program coordinates with RMP to protect employees.
Required for all facilities storing oil over 10,000 lb (1320 gal). Threshold amount in a single container for determination is 55 gal. Regulation administered by CUPA and Federal EPA.
Facilities must develop and maintain an SPCC Plan. Facilities with under 10,000 gal can use a template for the plan. Facilities with over 10,000 gal must have a PE certification. CUPA inspectors are now certified.
Petroleum Underground Storage Tanks (UST) Unauthorized releases can be above ground or underground Oversight of soil contamination is usually at the local level Oversight of groundwater assessment and/or clean-up at the state level
Hazardous Waste Hazardous Waste Accumulators Accumulation times CESQG (< 100 kg/mo) 180 days after 100 kg accumulated SQG (100-1,000 kg/mo) 180 days LQG (>1,000 kg/mo) 90 days Facilities with Satellite Accumulation Areas 90 days PE Assessment of Hazardous Waste Tanks (LQG only) every 5 years LQG required to undergo additional training LQG may be required to demonstrate fate of individual waste streams inside of plant
Hazardous Waste Onsite Treatment 5 Tiers of Permits (CUPA Regulates 3 lowest). Conditionally Exempt. Non RCRA and RCRA exempt wastes. Small quantities, and/or specified waste streams. Conditionally Exempt Limited (fixed treatment units only) non RCRA waste only. Conditionally Authorized. Non RCRA and RCRA exempt wastes. Single hazardous wastes. Limit 5,000 gal or 45,000 lb / month unless dilute aqueous, acidic, alkaline, or oily wastes. Permit by Rule. Non RCRA and RCRA exempt wastes. More complex wastes and higher volumes. CUPA Tiers allow for treatment only (no storage).
Storm Water New Construction SWPPP in force. Construction SWPPP required if over 1 acre of dirt disturbed. Industrial permit still under review. Revised draft due out soon, with a public hearing anticipated in September 2012. Anticipated adoption by Water Board in late 2012 or 2013.
Cal / OSHA version of Risk Management Plans No filing requirements Cal / OSHA will show up and inspect
Cal / OSHA Inspection Reasons 1) A fatality or serious injury occurred. 2) There is a signed worker complaint. 3) The facility has a high incidence of injuries reported or high hazard industry. 4) A Program Quality Verification (PQV) inspection is due (chlorine or ammonia >44% or crane safety, etc). 5) Another agency referred the facility to Cal / OSHA.
Required Programs IIPP Written JHA analysis for PPE requirements new requirement as of 8/2011 Confined Space (2012 Emphasis Program) List of Permit required spaces Hearing Protection Heat Illness Respiratory Protection Yearly recertification of program Fit testing every 365 days LOTO Yearly qualified person certification Hazard Communication Update with GHS as of 6/2015 All PSM required documentation
Cal / OSHA Request Letter
Required Training
New Regulations and Reporting Methods CERS California Environmental Reporting System Effective 1/1/2013 For CUPA reporting requirements except CalARP CalARP is still paper submission Global Harmonization Effective 5/2012 Phase in with deadlines starting 6/1/2013 Federal OSHA starts enforcing 6/1/2016
Coming in 2013 CERS California Environmental Reporting System (CERS) Similar to present system except that everything will be done digitally.
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Global Harmonization Classifying and labeling hazardous chemicals
OSHA Final rule adopted and published in Federal Register March 26, 2012. It became effective May 25, 2012. It replaces present Federal Hazard Communication rule 29 CFR 1910.1200. California uses 8 CCR 5194 which does not reference the Federal Hazard Communication Standard.
Old rule (1984) required that all chemicals be identified and evaluated either by listed or defined hazards. Listed hazards come from tables, (TLV, PEL, etc) and defined hazards are physical or health hazards (combustible liquids, etc). Evaluation was more performance driven and only dealt with hazards. New rule (2012) requires that chemicals be classified to address the potential hazards of chemicals. Classification is more specific and deals with hazards and categories. Classification also takes mixtures into account.
The three major areas of change are in hazard classification, labels, and safety data sheets. Hazard classification: Specific criteria for classification of health and physical hazards. Classification of mixtures. Hazard effect classifications consistent across manufacturers. Labels: Include a harmonized signal word, pictogram, and hazard statement for each hazard class and category. Precautionary statements required. Safety Data Sheets: Specified 16-section format. 11 of 16 sections enforced by OSHA.
Global Harmonization Summary of Changes Physical Hazard Classifications Hazard Class Explosives Unstable Explosives Flammable Gases 1 2 Flammable Aerosols 1 2 Oxidizing Gases 1 Gases under Pressure Compressed Gases Liquefied Gases Refrigerated Liquefied Gases Dissolved Gases 1 Hazard Category Div 1.1 Div 1.2 Div 1.3 Div 1.4 Div 1.5 Div 1.6 Flammable Liquids 1 2 3 4 Flammable Solids 1 2 Self-Reactive Chemicals Type A Type B Type C Type D Type E Type F Type G Pyrophoric Liquids 1 Pyrophoric Solid 1 Pyrophoric Gases Single category Self-heating Chemicals 1 2 Chemicals, which in contact with water, emit flammable gases 1 2 3 Oxidizing Liquids 1 2 3 Oxidizing Solids 1 2 3 Organic Peroxides Type A Type B Type C Type D Type E Type F Type G Corrosive to Metals 1 Combustible Dusts Single Category
Global Harmonization Summary of Changes Health Hazard Classifications Hazard Class Hazard Category Acute Toxicity 1 2 3 4 Skin Corrosion/Irritation 1A 1B 1C 2 Serious Eye Damage/ Eye Irritation 1 2A 2B Respiratory or Skin Sensitization 1 Germ Cell Mutagenicity 1A 1B 2 Carcinogenicity 1A 1B 2 Reproductive Toxicity 1A 1B 2 Lactation Specific Target Organ Toxins (STOT) Single Exposure STOT Repeated Exposure Aspiration 1 1 2 3 1 2 Simple Asphyxiants Single Category
Global Harmonization Summary of Changes Labels Requirement: To provide a label that includes a harmonized signal word, pictogram, and hazard statement for each hazard class and category. Precautionary statements must also be provided.
Global Harmonization Summary of Changes Pictograms Health Hazard Carcinogen Mutagen Target Organ Toxin Gas Cylinder Gases under Pressure Flame Flammable Pyrophoric Peroxide Corrosion Skin, Burns, Eyes Corrosive to Metals Exclamation Mark Irritant Narcotic Acute Toxicity Ozone Hazard (Non Mandatory) Exploding Bomb Explosive Self-Reactive Organic Peroxides Flame over Circle Oxidizers Environment (Non Mandatory) Aquatic Skull and Crossbones Acute Toxic or Fatal
Global Harmonization Summary of Changes Labels Signal Word: Caution, Warning, Danger Hazard Statement: What it can do
GHS Sample Label HAZARDS (Liquid): flammable liquid, flash point = 120 F; oral LD50 = 275 mg/kg
GHS Sample Label Suspected Carcinogen (inhalation)
Global Harmonization Summary of Changes SDS Sections 1.Identification of the substance or mixture and of the supplier 2.Hazards identification 3.Composition/information on ingredients Substance/Mixture 4.First aid measures 5.Firefighting measures 6.Accidental release measures 7.Handling and storage 8.Exposure controls/personal protection. 9.Physical and chemical properties 10.Stability and reactivity 11.Toxicological 12.Ecological information (non mandatory) 13.Disposal considerations (non mandatory) 14.Transport information (non mandatory) 15.Regulatory information (non mandatory) 16.Other information including information on preparation and revision of the SDS
Global Harmonization Summary of Changes SDS
Global Harmonization Summary of Changes SDS
Global Harmonization Summary of Changes SDS
Global Harmonization Phase in time frame Effective Completion Date Requirement(s) Who How December 1, 2013 June 1, 2015 (coincides with GHS mixture rule) December 1, 2015 Train employees on the new label elements and safety data sheet (SDS) format. Compliance with all modified provisions of this final rule, except: The Distributor shall not ship containers labeled by the chemical manufacturer or importer unless it is a GHS label Employers Chemical manufacturers, importers, distributors and employers Get or create a program that teaches the elements of labeling and the sixteen elements of an SDS. Re-label all material onsite with new labels. Provide new SDS for each product onsite. Train (or retrain) employees. June 1, 2016 Update alternative workplace labeling and hazard communication program as necessary, and provide additional employee training for newly identified physical or health hazards. Employers Make sure that all training is finished. Suggest that a 3 rd party audit check site if available. FEDERAL OSHA BEGINS ENFORCEMENT. Transition Period to the effective completion dates noted above May comply with either 29 CFR 1910.1200 (the final standard), or the current standard, or both Chemical manufacturers, importers, distributors, and employers
Global Harmonization Federal versus California California has 6 months from the final rule to adopt a California version which replaces 8 CCR 5194. The GHS standard will be in place approximately 12/12. It is expected that phase in time lines remain about the same. Training on new terminology for labels by 12/1/13. Training and relabeling by 6/1/15. It is uncertain when Cal / OSHA will begin enforcement.
Global Harmonization Federal versus California California labor law does not allow Cal / OSHA to adopt a rule that relaxes any provisions of the present rule that will lead to less safety. This means: Proposition 65 language must added. Language that the Federal statute removed about combustibles may be added again. Bottom line: Prepare for training on new label elements and SDS in 2013 after Cal / OSHA rule is in place.
Questions? If you want a copy of this presentation or have any questions Condor Earth Technologies, Inc. Carter Redding, CHMM Stockton Sonora Merced Jamestown Roseville (916) 783-2060 credding@condorearth.com