1. Safety Regulation  2. Systems Software  3. Environmental Regulation
4. Other Regulation  5. Key Questions

 

1. Synopsis of Safety Regulation Requirements for Hazardous Materials

Safety regulations related to hazardous materials under OSHA are not  environmental regulations per se, but they are included here because there's so  much crossover and cross-referencing between EPA and OSHA regulations. One  additional subject area under Connecticut's public safety regulations is also  covered.

Requirements of the Hazard Communication Standard

The OSHA Hazard Communication Standard at 29 CFR 1910.1200 (aka the hazcom  standard or worker right-to-know) applies to all facilities that have chemicals  in the workplace. It requires that facilities:

  • Develop a written hazard communication program.
  • Make sure that chemical containers have labels  accurately identifying the contents and hazards (most companies choose  the National Fire Protection Association (NFPA) or Hazardous Materials  Information System (HMIS) labels, but some make their own).
  • Maintain an accessible file of Material Safety Data  Sheets (MSDSs) for each chemical on hand from each manufacturer, and make  sure they are current, accurate and complete.
  • Conduct employee training on hazards of  chemicals, and appropriate protective equipment and exposure control.

OSHA has some excellent outreach material on the hazard  communication standard on its website, including how to set up the required  hazcom program, so none of that is repeated here. Compliance with the hazcom  standard remains a priority item for OSHA inspectors. If you don't have a hazcom  program, if it hasn't been reviewed in awhile, or if you're behind on periodic  training, it would be good to remedy these deficiencies before an OSHA inspector  shows up.

Requirements of the Personal Protective  Equipment Standard

The OSHA Personal Protective Equipment Standard at 29 CFR 1910.132 (aka the  PPE standard) applies to all facilities that have exposures to physical or  chemical hazards in the workplace. It requires that facilities:

  • Conduct an initial assessment of the hazards that  exist, and certify it.
  • Supply workers with the appropriate PPE (typically gloves, aprons, coveralls, face shields, eye goggles, safety glasses,  hard hats, dust masks, respirators or other equipment needed to work safely).
  • Provide worker training as needed in selection  and use of PPE.

If any employee is provided a respirator, the facility must have in  addition:

  • A written respiratory protection program.
  • A medical surveillance program to verify on an  annual basis that employees are capable of working in respirators.
  • A training program in respirator use, including  periodic fit testing to assure a tight seal.

Many smaller industrial or manufacturing companies have not gone through the  required initial hazard assessment to determine what PPE is required, and most  have not put in their files the required written certification of the  assessment. This is not difficult to do; the basic hazard  categories for PPE are pretty much common sense:

  • Impact (a falling or swinging object or  equipment).
  • Penetration (sharp parts or tools that could cut  or wound).
  • Compression (foot crushing from rollers or  vehicles).
  • Chemical exposures (by skin absorption and eye  contact as well as inhalation).
  • Heat (from ovens, furnaces, flames or other high  temperature sources).
  • Dust (from grinding, powder mixing or other  sources).
  • Optical hazards (lasers, arc welders, other  bright lights).

Of course, there are hazards around some manufacturing equipment that PPE  would not be effective against, and these are generally subject to other OSHA  workplace standards (e.g., machine guarding, lockout/tagout). OSHA has some  excellent outreach material on PPE on its website, including how to set up the  required PPE and repiratory protection programs, so none of that is repeated  here. Compliance with the PPE standard is currently a priority item for OSHA  inspectors. If you don't have a PPE program, or if you haven't done the initial  assessment and certification, it would be good to remedy these deficiencies  before an OSHA inspector shows up.

Requirements of the Hazwoper Regulation

The OSHA regulation on hazardous waste operations and emergency response  workers at 29 CFR 1910.20 (aka the hazwoper standard) applies to all facilities  and situations where workers are exposed to physical or chemical hazards during  activities such as cleaning up hazardous waste sites or responding to  emergencies involving releases of hazardous materials or wastes. Depending on  the worker's responsibility, this standard may apply to:

  • Plant emergency response teams.
  • Fire Department HazMat teams.
  • Emergency coordinators.
  • Environmental cleanup contractors.
  • Environmental consultants.

It requires that facilities or operations:

  • Properly train workers to safely manage hazardous  materials and wastes in emergency situations.
  • Provide medical surveillance of workers for  exposures encountered.
  • Supply workers with PPE suitable for the  activities undertaken.

Requirements for a Facility Emergency  Plan

OSHA has several general requirements at 29 CFR 1910.38 for emergency plans  at all workplaces. These cover:

  • Alarms.
  • Evacuations.
  • Fire prevention and training.
  • Maintenance of fire extinguishers.

These requirements have little crossover with environmental issues, but in  developing an emergency plan to meet the environmental requirements (i.e.,  emergency plan in EPA SARA regulations, contingency plan in EPA RCRA  regulations, spill prevention control and countermeasure plan in EPA CWA  regulations) it makes sense to integrate all requirements into a unified site  plan.

Requirements for Chemical Process  Safety

OSHA has detailed and specific requirements at 29 CFR 1910.119 for facilities  that handle highly hazardous chemicals in quantities above certain set  thresholds. These requirements have little to do with environmental issues, but  represent the other side (in-plant safety) of the EPA risk management planning  requirements. In developing a risk management plan to meet the environmental  requirements (i.e., EPA regulations at 40 CFR 68) it makes sense to develop an  integrated emergency plan (OSHA CPS for onsite, EPA RMP for offsite). In  general, the chemical process safety regulation applies only to larger  manufacturing facilities, or to specialized operations that use large quantities  of highly hazardous chemicals.

State Fire Marshal Reporting Requirements

Connecticut public safety statutes at CGS 29-307a requires manufacturing  facilities (SIC codes 20-39) to file an inventory form with the local Fire  Marshal describing the volume, location and hazards of chemicals stored on the  premises. These requirements primarily are aimed at protecting firefighters and  emergency response personnel.

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2. OSHA's Expert Systems Software

OSHA has ten expert systems (called OSHA Advisors) posted on their  web site. Some of the ones of wide applicability are on:

  • hazard  awareness;
  • osbestos;
  • economics  of safety;
  • lead in  construction trades;
  • confined  spaces;
  • respiratory protection;
  • fire safety;
  • lead in General Industry

These are downloadable software programs that can be run on Windows  (various versions); they can't be run from your browser, except for the Online Confined Spaces  Advisor. Try them out.  They're not perfect, but it's a good start on an interesting concept -- putting  regulations in a format that can be used effectively by the ordinary person.  More such systems are undoubtedly coming.

 

3. Synopsis of Environmental Regulation Requirements for Hazardous  Materials

There are five federal environmental regulations and one state environmental  statute related to hazardous materials; they all have to do with releases of  hazardous materials to the environment, either in an accident or through process  releases (air emissions, water discharges, waste shipments).

CERCLA Spill Reporting Requirements

Accidental spills and releases of "hazardous substances" as listed in 40 CFR  302.4 must be reported to the National Response Center (NRC) if they exceed  "reportable quantities" (or RQ's, which are specific threshold volumes that have  been set based on the probable risk of the substance in the environment. See the  EPA website for the substances and their RQs.

Connecticut Statutory Spill Reporting  Requirements

The Connecticut spill reporting statute at CGS 22a-450 requires notification  to the DEP for any chemical release or spill that "poses a threat to human  health or the environment". This statute has not to date been clarified by DEP  regulation or some other means of defining "threat" in numerical terms such as  an RQ. On the other hand, the DEP staff taking the reports are knowledgeable,  trained and well qualified to assess threats.

SARA Title III Emergency Planning and Notification  Requirements

EPA regulations at 40 CFR 355 apply to facilities that have on hand at any  one time more than a "threshold planning quantity" (TPQ) of an "extremely  hazardous substance" (EHS). See the EPA website for EHSs and their  TPQs. Such facilities  are required to:

  • Notify the State Emergency Response Commission (SERC) of the maximum  quantities typically present.
  • Designate a facility emergency coordinator.
  • Supply information as requested to the Local Emergency Planning Committee  (LEPC).

Hazardous Chemical Inventory Reporting  Requirements

EPA regulations at 40 CFR 370 apply to facilities that have on hand at any  one time more than 10,000 lbs of a "hazardous chemical". A hazardous chemical is  defined as any that has a Material Safety Data Sheet (MSDS), so this means  almost all chemicals. This regulation is also known as the "community  right-to-know" rule. Facilities are required to:

  • File a report (annually by March 1, on a "Tier 2" form) giving the maximum  amount of each hazardous chemical stored onsite in the previous calendar year  (within range categories).
  • Permit a facility inspection by the local Fire Department or Fire Marshal.
  • Send MSDSs to the Fire Marshal, Fire Department or LEPC when requested.

Toxic Chemical Release Reporting  Requirements

EPA regulations at 40 CFR 372 apply to manufacturers (and certain other heavy  industries) who used more than 10,000 lbs of specifically-listed "toxic  chemicals". See the EPA website for the toxic chemicals  list .This  regulation is also part of the "community right-to-know" rule. Covered  facilities are required to:

  • Track annual usage of listed toxic chemicals.
  • Measure or estimate releases of these chemicals to the environment (air  emissions, water effluents).
  • Record the amounts of chemicals in wastes or byproducts disposed offsite.
  • File a report (annually by July 1, on a "Form R") giving the mass balance  for each toxic chemical release around the facility.

CAA Risk Management Planning  Requirements

EPA regulations at 40 CFR 68 apply to facilities with amounts of toxic or  flammable "regulated substances" greater than specific listed thresholds. See  the EPA website for regulated substances and their thresholds. Such facilities are required to:

  • Postulate a worst case accident for each regulated substance.
  • Analyze the consequences of that accident (and lesser accidents) offsite.
  • Develop a program to prevent accidents.
  • Assemble information in a risk management plan (RMP).

This regulation is similar in concept to the OSHA Process Safety Management  rule; for OSHA, the focus is onsite exposures and safety, for EPA the focus is  offsite exposures and environmental effects.

Other Useful Information

The SERC, DEP and ConnOSHA collaborated in 1989 to develop a guidance  booklet, which (even after 10 years) is still probably the most straightforward  way to work your way through the process of determining what you have to do to  comply. The five diagrams from that booklet are excerpted here:

(You need Adobe Acrobat Reader v3.0 or later enabled on  your browser as a helper to view these diagrams. To return to this page after  viewing a diagram, just click the browser back button. If you don't have  this free software, we suggest you download Acrobat Reader). Depending on your browser and platform, to print a paper copy you  may need to first Save As a .pdf file on your hard drive.

 

4. Synopsis of Other Regulation Requirements for Hazardous Materials

In addition to OSHA and state fire marshal regulations (which deal mainly  with safety concerns inside a facility), and EPA/DEP regulations (which deal  mainly with environmental concerns outside a facility), there are several other  agency regulations and requirements that have some crossover to environmental  issues.

DOT Hazardous Materials Transportation  Requirements

Under the Hazardous Materials Transport Act (HMTA) regulations, the federal  Department of Transportation (DOT) has several requirements at 49 CFR 171-172  for facilities that ship (or prepare for shipment) hazardous materials including  hazardous wastes:

  • Register with DOT if above specific shipping volume thresholds.
  • Make sure shippinmg containers are suitable.
  • Label and placard shipping containers appropriately.
  • Prepare proper shipping papers.
  • Train personnel in hazardous materials transport.
  • Keep material transportation records.

NRC Byproduct Materials Management  Requirements

The Nuclear Regulatory Commission (NRC) has specific and detailed  requirements for use of radioactive materials and disposal of radioactive  wastes. Many hospitals, laboratories, colleges and manufacturers use radioactive  byproduct materials, particularly in testing or diagnostic work. Such materials,  if above certain levels of activity, are subject to regulations, and residuals  and wastes are subject to controlled disposal (or to requirements to store for a  sufficient time to let the radioactivity decay down to levels where the wastes  can be disposed as normal trash). In general terms, facilities are required  to:

  • Be licensed to handle radioactive materials.
  • Have a radiation safety program.
  • Monitor and report personnel exposures, and track cumulative dose.
  • Prevent exposures greater than standards (both short-term and cumulative).
  • Survey work areas periodically to verify no loss of radioactive materials.
  • Stay within permit limits for air emissions or water discharges.

 

5. Key Questions for HazMats / Checklist

This link will open an Adobe pdf file to display a list of key questions to ask yourself on hazardous  materials. (You need Adobe Acrobat Reader v3.0 or later  enabled on your browser as a helper to view this list. To return to this page  after viewing the list, just click the browser back button. If you don't  have this free software, we suggest you download Acrobat Reader).

These questions are the most common starting questions for environmental  auditing of small and mid-sized manufacturing facilities in Connecticut. Depending on your browser and platform, to print a paper copy you  may need to first Save As a .pdf file on your hard drive.

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