Guidebook of Practices for Improving Environmental Performance at Small Airports (2010)

Below is the uncorrected machine-read text of this chapter, intended to provide our own search engines and external engines with highly rich, chapter-representative searchable text of each book. Because it is UNCORRECTED material, please consider the following text as a useful but insufficient proxy for the authoritative book pages.

29 CHAPTER 4 Emergency Planning and Response Small airports commonly store and handle numerous types of chemicals, oils, and other substances subject to emergency planning and response regulations. Most of these emergency planning and response regulations were promulgated in response to large accidents that caused significant loss of human life or extensive environmental damage. While small airports typically store limited quantities of chemicals, oils, and other regulated substances, these materials may be encountered environment if mismanaged. Although the terminology used in this chapter sounds similar, the associated regulatory requirements may be very different. Some regulations apply to a particular substance. Other regulations refer to a defined group of regulated substances. Special attention should be given to the key terms defined in each section to prevent confusion. The federal requirements applicable to emergency planning and response include the following: • Emergency Planning and Community Right-to-Know Act of 1986, as Amended (EPCRA) • Clean Water Act, as Amended (CWA) • Oil Pollution Act of 1990, as amended (OPA) • Federal Insecticide, Fungicide, and Rodenticide Act of 1947, as Amended (FIFRA) • Resource Conservation and Recovery Act of 1976, as Amended (RCRA) • Hazardous Material Transportation Act of 1974, as Amended (HMTA) The topics presented in Chapter 4 include the following: • Community Emergency Planning, Storage, and Release Reporting • Spill Prevention, Control, and Countermeasure • Pesticide Application, Certification, and Disposal • Underground Storage Tanks • Hazardous Material Transport 4.1 Community Emergency Planning, Storage, and Release Reporting Emergency Planning and Community Right-to-Know Act of 1986, as Amended EPCRA, authorized by Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA), includes reporting requirements to local agencies for facilities that store the following: Associated Activities • Aircraft deicing/ anti-icing • Building operation/ maintenance • Bulk fuel and oil storage/handling • Cargo handling • Chemical storage/handling • Degreasing • Demolition/ construction/ development • Grounds maintenance/ landscaping • Pavement deicing • Refueling • Spill response • Vehicle/equipment/ aircraft maintenance during routine activities and remain a potential threat to human health and the

30 Guidebook of Practices for Improving Environmental Performance at Small Airports • Hazardous chemicals • CERCLA hazardous substances (as defined by the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended (CERCLA)) • Extremely hazardous substances (EHS) (as defined by EPCRA). The term facility includes motor vehicles and aircraft. EPCRA includes three chemical reporting requirements: emergency planning notification, hazardous chemical inventory reporting, and emergency release notification. Emergency Planning Notification For emergency planning purposes, EPCRA Section 302 requires airports that produce, use, or store EPCRA EHS in quantities that exceed EPCRA threshold planning quantities (TPQs) must submit site-specific information to the Local Emergency Planning Committee (LEPC) and State Emergency Response Commission (SERC) within 60 days of receiving the substance. EPA provides a consolidated List of Lists that airports can use to identify TPQs for the EPCRA EHS. LEPCs are required to prepare and maintain emergency plans for facilities that manage EHS in quantities that exceed EPCRA TPQs. Airports should consult with their LEPC to determine the specific information and amount of assistance required to prepare an emergency plan. Hazardous Chemical Inventory Reporting Airports required by the Occupational Safety and Health Act of 1970 to prepare or have available a Material Safety Data Sheet (MSDS) for each hazardous chemical present at their facilities are subject to EPCRA Section 311 hazardous chemical inventory reporting requirements. MSDS requirements are specified in the Occupational Safety and Health Administration (OSHA) Hazard Communication Standard [(29 Code of Federal Regulations (CFR) 1910.1200]. Airports subject to OSHA must initially submit their MSDS or a detailed list of the same chemicals to their SERC, LEPC, and local fire department within three months after becoming subject to the OSHA regulations. Airports submitting MSDS or chemical lists under Section 311 are also subject to the reporting requirements of EPCRA Section 312. Reporting to the SERC, LEPC and local fire department is required if one of the following situations occurs: • Hazardous chemicals are stored in excess of 10,000 pounds • Gasoline at retail gas stations is stored in excess of 75,000 gallons • Diesel fuel at retail gas stations is stored in excess of 100,000 gallons • EPCRA EHS are stored in excess of 500 pounds or the applicable TPQ Reporting is accomplished using EPCRA Tier I or Tier II forms, although most states required the use of the Tier II forms. The forms are available on EPA’s website. Completed forms must be submitted within 90 days of storage in excess of the quantities listed above, and then by March 1 annually thereafter. Did You Know LEPCs have not been established in every municipality. The EPA’s Emergency Management webpage has a LEPC search tool to help find one for your area.

Emergency Planning and Response 31 Emergency Release Notification For an accidental release of a CERCLA hazardous substance or EPCRA EHS in excess of its reportable quantities (RQ) and that will affect areas that are beyond the facility boundaries, EPCRA Section 304 requires airports to immediately notify their LEPC and SERC. Immediate verbal notification must be made within 15 minutes after discovering the release. Information provided during notification must include the following: • Substance name or identity • Whether the substance is an EHS • An estimate of the quantity released • Time and duration of the release • Environmental media to which the release occurred • Known or anticipated acute or chronic health risks associated with the released substance and advice regarding medical attention necessary for exposed individuals • Precautions to take as a result of the release • Name and telephone number of the individual to be contacted for further information As soon as practicable after the event, written follow-up notification must be made. The written notification must include: • Actions taken to respond and contain the release • Known or anticipated acute or chronic health risks associated with the release • Advice regarding medical attention necessary for exposed individuals For releases of CERCLA hazardous substances, release information must be submitted to the National Response Center (NRC) as well. Certain releases are exempt from reporting, including those that are solely within facility boundaries or federally permitted [e.g., covered by a National Pollutant Discharge Elimination System (NPDES) permit]. Small Airport Applicability Public sector employees are not subject to the Occupational Safety and Health Act (OSHA) of 1970, and state-by-state programs similar to OSHA may differ. Although public sector employees (potentially including airport personnel at municipally owned airports) are not covered under OSHA, EPCRA incorporates For airports that are regulated under EPCRA, it is very possible to store an EHS in quantities exceeding a TPQ. A typical EHS that may be managed at an airport is sulfuric acid contained in large fork lift electric batteries. Similarly, airports are likely to store hazardous chemicals requiring inventory reporting. Airports should also consult with their tenants (e.g., fixed base operators) to Helpful Hint Consider developing detailed and written spill notification procedures before you need them. For more information, refer to Spill-5 Practice in Appendix A-6. the OSHA requirements for state and local government employees that are involved with hazardous waste operations. Airport operators should consult with an Environmental Health and Safety professional to determine the applicable health and safety requirements.

32 Guidebook of Practices for Improving Environmental Performance at Small Airports ensure that applicable reporting requirements are met, especially if a tenant is responsible for operating an airport-owned facility (e.g., fuel farm). Compliance Attainment Strategies • Maintain MSDS on file when a new EHS is purchased and is above the designated TPQ. • Ensure staff is aware if the airport stores an EHS. • Ensure staff is aware of TPQ for EHS stored onsite. • Complete Tier I/II forms annually and submit to the appropriate emergency response agency. • Ensure staff is aware of the EHS or CERCLA hazardous substance Reportable Quantity (RQ). • Ensure staff is aware of spill notification requirements. • Develop spill response procedures for the airport. • Conduct spill response training on a regular schedule and maintain attendance records on file. • Understand the airport’s discharge conveyance system and ultimate discharge location(s) to help determine where a spill or release will drain to if it enters the storm sewer or sanitary sewer system. • Maintain proper records of EHS or CERCLA hazardous substances on file. • Ensure regular inspections are conducted for areas that are not frequently attended to assist with identifying a potential RQ spill. • Implement a hazardous materials management system to prevent shelf-life expiration and unused materials from becoming wastes by not ordering materials in bulk that are unlikely to be used before the shelf-life expires. Key Terms • CERCLA Hazardous Substance—Chemicals regulated under CERCLA and included in the following regulatory lists: − Element, compound, mixture, solution, or substance designated as hazardous under Section 102 of CERCLA − CWA hazardous substances and toxic pollutants − RCRA hazardous wastes − Clean Air Act of 1970, as amended (CAA) hazardous air pollutants − Toxic Substances Control Act of 1976, as amended (TSCA) imminently hazardous chemical substances or mixtures • Extremely Hazardous Substances (EHS)—A substance listed in Appendices A and B of 40 CFR 355 regulations for EPCRA. • Facility—All buildings, equipment, structures, and other stationary items that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person (or by any person that controls, is controlled by, or under common control with, such person). • Hazardous Chemical—Any chemical for which a facility is required to maintain an MSDS under OSHA. • Local Emergency Planning Committee (LEPC)—Defined by the EPA as a group of individuals that work together to understand chemical hazards in the community, develop emergency plans in case of an accidental release, and

Emergency Planning and Response 33 look for ways to prevent chemical accidents. LEPCs are made up of emergency management agencies, responders, industry and the public. • National Response Center (NRC)—Federal point of contact for reporting oil and chemical spills. • • Reportable Quantity (RQ)—For any CERCLA hazardous substance, the quantity (established in Table 302.4 of 40 CFR 302.4) for such substance. • State Emergency Response Commission (SERC)—The State Emergency Response Commission for the state in which the facility is located except where the facility is located in Indian Country. In the absence of a SERC for a state or Indian Tribe, the Governor or the chief executive officer of the tribe, respectively, shall be the SERC. Where there is a cooperative agreement agreement. • Threshold Planning Quantity (TPQ)—For a substance listed in Appendices A and B of 40 CFR 355, the quantity listed in the column “threshold planning quantity” for that substance. Additional Resources • 40 CFR 355-370 • EPCRA Requirements http://www.epa.gov/emergencies/content/epcra/index.htm • EPCRA Local Emergency Planning Requirements http://www.epa.gov/emergencies/content/epcra/epcra_plan302c.htm • EPCRA Emergency Release Notification Requirements http://www.epa.gov/emergencies/content/epcra/epcra_report.htm • EPA List of Lists Database http://yosemite.epa.gov/oswer/lol.nsf/homepage • List of Extremely Hazardous substances in 40 CFR 355, Appendix A http://ecfr.gpoaccess.gov/cgi/t/text/text- idx?c=ecfr&sid=96c433dfae0669cb2479a675bd59f7ce&rgn=div5&view=tex t&node=40:27.0.1.1.11&idno=40#40:27.0.1.1.11.4.17.3.14 • List of Extremely Hazardous substances in 40 CFR 355, Appendix B http://ecfr.gpoaccess.gov/cgi/t/text/text- idx?c=ecfr&sid=96c433dfae0669cb2479a675bd59f7ce&rgn=div5&view=tex t&node=40:27.0.1.1.11&idno=40#40:27.0.1.1.11.4.17.3.15 • CERCLA Hazardous substance Reportable Quantities http://ecfr.gpoaccess.gov/cgi/t/text/text- idx?c=ecfr&sid=96c433dfae0669cb2479a675bd59f7ce&rgn=div5&view=tex t&node=40:27.0.1.1.2&idno=40#40:27.0.1.1.2.0.1.4 Release—Spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment or discarding of barrels, containers, and other closed receptacles) of any hazardous chemical, extremely hazardous substance, or CERCLA hazardous substance. between a state and a Tribe, the SERC shall be the entity identified in the For any extremely hazardous substance, reportable quantity means the quantity established in Appendices A and B of 40 CFR 355 for such substance. Unless and until superseded by regulations establishing a reportable quantity for newly listed EHS or CERCLA hazardous substances, a weight of one pound shall be the reportable quantity.

34 Guidebook of Practices for Improving Environmental Performance at Small Airports 4.2 Spill Prevention, Control, and Countermeasure Clean Water Act, as Amended The Oil Pollution Prevention Regulation was promulgated in 1973 under Section 311 of the CWA and is commonly referred to as the Spill Prevention, Control and Countermeasure (SPCC) rule. It required subject facilities to prepare an SPCC plan to protect navigable waters of the U.S. from spills of a wide variety of oils. EPA amended the Oil Pollution Prevention Regulation to improve the nation’s ability to prevent, prepare for, and respond to oil spills largely due to public concern following the Exxon/Valdez oil spill incident. The 2010 BP Deepwater Horizon oil spill in the Gulf of Mexico will inevitably keep the SPCC rule at the forefront of public and EPA scrutiny. A facility must meet the following three conditions to be subject to the SPCC rule: • The facility must be non-transportation-related. • The facility must have an aboveground oil storage capacity greater than 1,320 gallons or a completely buried oil storage capacity greater than 42,000 gallons. • There must be a reasonable potential for a discharge into or upon “navigable waters of the U.S.” Non-transportation-related Facility The term “transportation-related” pertains specifically to the transport of oil in commerce, such as a commercial tanker truck transporting oil from its bulk oil terminal to a gas station. “Non-transportation-related” facilities involve oil that is distributed from bulk storage containers or vehicles operating solely within the confines of the facility. Oil Storage Capacity Thresholds Tanks and containers with an oil storage capacity of 55 gallons or greater, and not associated with the propulsion of a vehicle are included in the oil storage capacity determination. Completely buried oil storage tanks, such as underground storage tanks (USTs) are exempt from the SPCC rule if they are regulated under a state or federally approved UST program and fully compliant with all Associated Activities • Auxiliary power unit operation • Building operation/ maintenance • Bulk fuel and oil storage/handling • Ground service equipment operation • Motor vehicle operation • On-airport power generation • Refueling • Spill response • Vehicle/equipment/ aircraft maintenance Helpful Hint Consider developing a database of bulk oil storage containers to track the amount of oil stored at your airport. For more information, refer to Practice Spill-1 in Appendix A-6. The SPCC rule was amended in 2002, 2006, 2008, and 2009. The amendments provide increased clarity, tailor requirements to particular industry sectors, and streamline certain requirements for those facility owners or operators subject to the rule. The amendments became effective on January 14, 2010, with a compliance date of November 10, 2010. However, on June 28, 2010, EPA proposed to extend the compliance date for certain facilities subject to the SPCC rule (including airports). The new proposed compliance date is November 10, 2011, and is subject to public comment and potential further modification.

Emergency Planning and Response 35 applicable UST requirements. However, some USTs are not subject to all of the technical requirements of the federal or state UST requirements (e.g., emergency generator USTs, heating oil USTs) and may be subject to SPCC. Potential to Discharge into Navigable Waters The definition and breadth of “navigable waters” has been the subject of recent legal challenges. The current applicable definition of "navigable waters" is from Section 502(7) of the Federal Water Pollution Control Act, as amended (FWPCA), also known as the CWA. To assess the potential for a discharge to reach navigable waters, an airport must consider its proximity and various means for spill conveyance (e.g., storm drain, drainage ditch, sheet flow, etc.). If the conditions described above are met, a facility is required to meet SPCC requirements including the development and implementation of an SPCC plan. The contents of an SPCC plan generally include descriptions of the following: • Contents, volumes, and locations of bulk oil storage containers • Container construction • Secondary containment measures • Drainage controls • Overfill and spill prevention measures • Container inspection and testing methods • Security measures to prevent vandalism • Spill control and containment countermeasures • Potential spill volumes and pathways • Training requirements An SPCC plan must also be certified by a licensed professional engineer or in certain cases, through self-certification. Additionally, changes at the facility, such as the addition of regulated containers, modifications to secondary containment, changes in location of oil transfer operations, and modifications to the drainage system require an amendment to the SPCC plan within 6 months of the change. Small Airport Applicability If airports meet the three conditions described in the previous section, the SPCC requirements apply and a SPCC plan must be developed and implemented. Condition #1 is often a source of confusion for airports as they are commonly Helpful Hint EPA provides guidance for preparing SPCC Plans in the SPCC Guidance for Regional Inspectors. Did You Know Many small airports are able to self-certify their own SPCC plan. Facilities can self-certify their own SPCC plan if the total oil storage capacity is less than 10,000 gallons (other requirements apply). In 2010, the EPA issued a Tier I Qualified Facility SPCC template. The typical regulated containers at airports include aboveground storage tanks (ASTs), drums, emergency generators, mobile refuelers, towable equipment, and oil-filled operational equipment (e.g., transformers, elevator reservoirs, hydraulic lifts). Underground storage tanks at airports are usually covered under a state UST regulatory program. However, emergency generator USTs may be included in an thought to be “transportation-related” and therefore exempt from SPCC. However, airport operations typically involve oil distribution from bulk storage containers or vehicles operating solely within the confines of the facility. Therefore, airports are in fact “non-transportation-related” and subject to SPCC.

36 Guidebook of Practices for Improving Environmental Performance at Small Airports airport SPCC plan. As a result, the oil storage capacity at small airports frequently exceeds the regulatory thresholds. Typical airport operations that may result in a discharge of oil include fueling, maintenance activities, drum handling, and AST/UST filling. Filling mobile refuelers and using them to refuel aircraft or vehicles has been one of the more controversial potential sources of a discharge. Regulatory amendments have since clarified that mobile refuelers and tank trucks operating at an airport do not require sized secondary containment capable of containing the entire volume of the tank (and extra capacity for precipitation). Instead, operators of this equipment are only required to contain the likely discharge of oil, which is an amount defined by the entity preparing the SPCC plan. This clarification creates a potential point of conflict between airports and fixed base operators (FBOs). If an FBO underestimates its likely discharge volume associated with its operations, the airport may as the property owner unknowingly share the risk associated with the discharge. Since many airports are located near streams or rivers, or have drainage that conveys to these resources, the potential for a discharge to “navigable waters” exists. Floor drains or other sanitary piping at an airport that may be conveyed to a publically owned treatment works (POTW) should also be considered a potential discharge pathway. Compliance Attainment Strategies • Understand the number, type, and contents of bulk oil storage containers or equipment at the airport. • Equip airport bulk oil storage containers with adequate sized secondary containment. • Equip airport mobile refuelers with general secondary containment capable of containing a reasonably defined likely discharge volume. • Maintain adequate amounts of spill response materials at airport areas where spills or drips are likely to occur, and replace when used. • Conduct regular inspections of oil storage areas that are not frequently attended to help identify potential drips, leaks, and spills. • Prepare and review spill response procedures. • Understand the airport’s discharge conveyance system and ultimate discharge location(s) to help determine where a spill or release will drain to if it enters the storm sewer or sanitary sewer system. • Sign, certify, and review airport SPCC plans on a regular schedule and update when there is a change in oil storage or drainage at the airport. • Conduct spill response training on a regular schedule and maintain attendance records. • Perform required inspections as specified in the SPCC plan on a regular schedule, and maintain records on file. • Maintain detailed information pertaining to aboveground or underground storage tank construction at the airport. • Establish baseline data for bulk storage containers requiring non-destructive testing.

Emergency Planning and Response 37 • Properly decommission or permanently close airport bulk oil storage containers that are non-operational. Key Terms • Bulk Oil Storage Container—A container used to store oil that is regulated by SPCC and has a shell capacity equal to or greater than 55 gallons. • General Secondary Containment—SPCC-required containment to address the most likely discharge from a bulk oil storage container or transfer operation including dikes, berms, or sorbent materials. • Mobile Refueler—A type of bulk oil storage container onboard a vehicle or towed, that is designed or used solely to store and transport fuel for transfer into or from an aircraft, motor vehicle, or other oil storage container. • Navigable Waters of the U.S.—Applicable to the SPCC rule, includes waters as defined in section 502(7) of the FWPCA, including all navigable waters of the U.S., as defined in judicial decisions prior to passage of the 1972 Amendments to the FWPCA, and tributaries of such waters; interstate waters; intrastate lakes, rivers, and streams which are utilized by interstate travelers for recreational or other purposes; and intrastate lakes, rivers, and streams from which fish or shellfish are taken and sold in interstate commerce. • Non-transportation-related—Not related to the transport of oil in commerce the EPA (Appendix A of 40 CFR 112). • Oil—Oil of any kind or in any form, including, but not limited to: fats, oils, or greases of animal, fish, or marine mammal origin; vegetable oils, including oils from seeds, nuts, fruits, or kernels; and, other oils and greases, including petroleum, fuel oil, sludge, synthetic oils, mineral oils, oil refuse, or oil mixed with wastes other than dredged spoil. • Oil-filled Operational Equipment—A type of oil storage container regulated by SPCC in which oil is present solely to support the function of the apparatus or the device (e.g., elevator hydraulic reservoirs, hydraulic systems, lubricating systems, and electrical transformers). • Sized Secondary Containment—SPCC-required secondary means for containment of an entire shell capacity of the largest single container with sufficient freeboard for precipitation. Additional Resources • 40 CFR 110, 112 • EPA Website on the SPCC Rule http://www.epa.gov/emergencies/content/spcc/index.htm#guidance • SPCC Guidance for Regional Inspectors http://www.epa.gov/emergencies/content/spcc/spcc_guidance.htm the U.S. Department of Transportation (U.S.DOT) and the Administrator of as defined in the Memorandum of Understanding between the Secretary of

38 Guidebook of Practices for Improving Environmental Performance at Small Airports 4.3 Pesticide Application, Certification, and Disposal Federal Insecticide, Fungicide, and Rodenticide Act of 1947, as Amended FIFRA established a program for managing pesticides in the United States. A pesticide is a substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant. Key components of FIFRA include the following: • Registration • Manufacturing • Transportation • Sale • Labeling • Storage • Application • Disposal The requirements for pesticide use that typically apply to airport operations include storage and labeling as well as application and disposal, which are further described in the following sections Storage and Labeling Pesticides must be stored in an approved container or package and be properly labeled. Labels must include the pesticide registration number, health hazards, and warnings. The label must be clearly legible and easily located on the container or package. Application Individuals applying restricted use pesticides must either be certified as a commercial or private applicator, or be supervised by a certified commercial or private applicator. The different types of certified applicators depend on the type of land where the pesticide is applied. To become certified, applicators must understand the proper use and handling of pesticides. Appropriate personal protective equipment (PPE) must be worn when applying pesticides, as specified on the product labeling. Disposal Pesticide applicators must follow the instructions included on pesticide labels, including triple rinsing or pressure rinsing empty containers before disposal. Unused pesticides that have been recalled or managed as part of a waste pesticide collection program may be recycled under the universal waste management procedures (refer to Section 7.2). Helpful Hint Consider utilizing low- toxicity pesticides or herbicides to minimize potential exposure concerns. For more information, refer to Pesticides-2 Practice in Appendix A-8. Associated Activities • Building operation/ maintenance • Cargo handling • Chemical storage/handling • Grounds maintenance/ landscaping • Spill response • Waste generation/ disposal

Emergency Planning and Response 39 Small Airport Applicability Pesticides used at airports typically include those for vegetation (e.g., weeds, brush, or invasive species) or pest (e.g., insect, or rodent) control. Airports may perform pesticide application activities, or contract with a service provider. Airports that perform pesticide application must ensure containers are adequately stored, labeled, and disposed. Airport personnel responsible for applying pesticides are typically considered commercial applicators. Compliance Attainment Strategies • Ensure pesticides are not purchased at local retail stores, as these types of pesticides are not intended for commercial applicators. • Do not use used oil to control weeds. • Do not over apply pesticides. • Ensure proper PPE is worn by airport personnel in accordance with product labeling when applying pesticides. • Replace pesticide labels that are old, peeling, or unable to be deciphered. • Properly label pesticide containers. • Triple rinse pesticide containers prior to disposal. • Do not discard unused pesticides in the trash or dumped down a sanitary drain. • Only allow certified pesticide applicators to perform application activities, or only allow application to be conducted under the supervision of a certified pesticide applicator. • Ensure pesticide applicators are properly trained on proper application or disposal techniques. Key Terms • Commercial Applicator—Certified applicator (whether or not he or she is a private applicator with respect to some uses) who uses or supervises the use of any pesticide which is classified for restricted use for any purpose or on any property. • Pesticide—A substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant. • Private Applicator—Certified applicator that uses or supervises the use of any pesticide which is classified for restricted use for purposes of producing any agricultural commodity. • Restricted Use Pesticide—Restricts pesticide use to a certificated pesticide applicator or under the direct supervision of a certified applicator. Additional Resources • 49 CFR 150-180 • Certification and Training of Pesticide Applicators http://www.epa.gov/oppfead1/safety/applicators/applicators.htm • FIFRA Enforcement Policy and Guidance http://cfpub.epa.gov/compliance/resources/policies/civil/fifra/ Related Information Pesticide use at airports may be included as an industrial activity that affects storm water quality if not properly managed. For more information pertaining to pesticides and water quality, refer to Section 8.2. Related Information For more information pertaining to RCRA, refer to Chapter 7.

40 Guidebook of Practices for Improving Environmental Performance at Small Airports 4.4 Underground Storage Tanks Resource Conservation and Recovery Act of 1976, as Amended RCRA is an amendment to the Solid Waste Disposal Act of 1965, and provides the framework for managing and recycling wastes. In 1984, RCRA was amended by the Hazardous and Solid Waste Amendments. The 1984 amendments included regulation for USTs storing regulated substances that include petroleum and CERCLA hazardous substances. The amendments established specific requirements for tank design, release detection, and corrective actions for releases from leaking underground storage tanks (LUSTs). Other aspects of RCRA are described in Chapter 7 of this Guidebook. Most states and certain areas (e.g., District of Columbia) implement their own UST program. Those states that do not have their own program are regulated by EPA. The federal UST regulations require owners to register tanks with either their state UST program or EPA. Notification is completed using EPA Form 7530-1 or state-specific forms. If several tanks are located at one address, owners may submit one form. However, if tanks are located at more than one address, separate notifications must be filed. Information provided in the notification must include: • Tank ownership • Location • Facility type • Contact information Owners of USTs must provide information that demonstrate they have the financial ability to cover potential corrective actions or compensate third parties for accidental releases (also known as “financial assurance”). Additionally, owners and operators of new UST systems must certify compliance with tank and piping installation, cathodic protection, financial responsibility, and release detection. Notification forms are also required for individuals who intend to sell tanks for use as USTs. Small Airport Applicability Many airports own and/or operate USTs regulated under 40 CFR 280-282. Examples of USTs that may be present at an airport include those that contain jet fuel, used oil, fuel oil, diesel, or gasoline. Airports must register their tanks with either the state UST program or EPA. For airports that have several USTs, one form may be submitted. Airports may want to coordinate with tenants and fixed- based operators (e.g., tenant-owned UST) to ensure all USTs at the facility are registered. Compliance Attainment Strategies • Ensure adequate amounts of spill response materials are maintained at UST loading areas where spills or drips could occur. Helpful Hint Airport hydrant piping may utilize USTs for fuel supply. Consider installing a line leak detection system for your aircraft fuel hydrant system. For more information, refer to UST-3 Practice in Appendix A-9. Associated Activities • Building operation/ maintenance • Bulk fuel and oil storage/handling • Chemical storage/handling • On-airport power generation • Property acquisition • Refueling • Spill response • Vehicle/equipment/ aircraft maintenance

Emergency Planning and Response 41 • Ensure staff is aware of UST leak detection operations and monitoring requirements. • Perform required inspections for tanks and containment at the frequency specified by the state or federal UST requirements and maintain associated records on file. • Conduct leak detection training on a regular schedule and maintain attendance records on file. • Maintain detailed documentation of UST construction and contents as this information can be used to demonstrate compliance with specific UST requirements. • Replace or retrofit old tanks to help prevent leaks from occurring. • Complete required state or federal UST forms and submit to the appropriate regulatory agency. • Properly decommission or permanently close airport USTs that are non- operational in accordance with the state or federal UST requirements. • Register airport USTs in accordance with the requirements of the state or federal UST regulatory authority. Key Terms • Cathodic Protection—A technique to prevent corrosion of a metal surface by making that surface the cathode of an electrochemical cell. For example, a tank system can be cathodically protected through the application of either galvanic anodes or impressed current. • New Underground Storage Tank (UST) System—Tank system that contains an accumulation of regulated substances and for which installation has commenced after December 22, 1988. • Petroleum—Petroleum and petroleum-based substances including crude oil or any fraction thereof that is liquid at standard conditions of temperature and pressure. The term includes motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils. • Regulated Substance—Any substance defined in Section 101(14) of CERCLA (but not including any substance regulated as a hazardous waste under RCRA Subtitle C), and petroleum, including crude oil or any fraction thereof that is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute). The term includes but is not limited to petroleum and petroleum-based substances comprised of a complex blend of hydrocarbons derived from crude oil though processes of separation, conversion, upgrading, and finishing, such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils. • Release Detection—Determining whether a release of a regulated substance has occurred from a UST system into the environment or into the interstitial space between the UST system and its secondary barrier or secondary containment around it. Additional Resources • 40 CFR 280-282 • General Underground Storage Tank Information http://www.epa.gov/OUST/

42 Guidebook of Practices for Improving Environmental Performance at Small Airports 4.5 Hazardous Material Transport Hazardous Material Transportation Act of 1974, as Amended HMTA, as amended by the Hazardous Materials Transportation Uniform Safety Act of 1990 and the Federal Hazardous Materials Transportation Law of 2005, established regulations for the safe transport of hazardous materials in commerce (e.g., by air, highway, rail, or water). The regulations, also called the Hazardous Materials Regulations (HMR), are governed by the U.S.DOT. Hazardous materials are broadly defined and include hazardous wastes regulated under RCRA (see Chapter 7) and regulated medical waste. Hazardous materials may differ from the CERCLA hazardous substances, EHS, and hazardous chemicals discussed earlier in this chapter. HMR apply to transporting hazardous materials and to persons “offering” hazardous materials to transporters for disposal, known as offerors. Offerors must register using U.S.DOT Form F 5800.2, which must be submitted no later than June 30 for each registration year. Offerors must also perform pre- transportation functions. Preparation of shipping papers may also be required before transporting certain hazardous materials. Shipping papers for hazardous materials must be retained for 2 years. Additionally, shipping manifests must be retained for 3 years if the material transported is a hazardous waste. Adequate shipping papers may include the following: • Description of the hazardous material • Offeror’s certification • Uniform Hazardous Waste Manifest Emergency response information must be maintained at the facility where hazardous materials are loaded for transport. The emergency response information includes the following: • Basic description of the hazardous material • Technical name • Immediate hazards to health • Risks of fire or explosion • Immediate precautions for an accident or incident • Immediate methods for handling fires • Initial methods for handling spills or leaks in the absence of fire • Preliminary first aid measures • Emergency response contacts Small Airport Applicability Associated Activities • Aircraft deicing/ anti-icing • Building operation/ maintenance • Cargo handling • Chemical storage/handling • Degreasing • Demolition/ construction/ development • Grounds maintenance/ landscaping • Painting • Pavement deicing • Refueling • Spill response • Vehicle/equipment/ aircraft maintenance • Waste generation/ disposal Small airports that transport hazardous materials offsite are considered offerors of hazardous materials, and are subject to HMR. Hazardous waste transported from the facility is most common. Aircraft operators may be subject to additional requirements if transporting hazardous materials by air.

Emergency Planning and Response 43 Compliance Attainment Strategies • Understand what hazardous materials qualify for hazardous transport. • Properly label hazardous materials to be transported offsite. • Complete shipping papers that are required for hazardous material pick-up. • Ensure shipping papers contain the correct information and are adequately filled out. • Ensure shipping papers are certified. • Maintain records of shipping papers or manifests on file. • Ensure staff understands emergency response procedures. • Submit registration forms and fees to the U.S.DOT. Key Terms • Carrier—A person who transports passengers or property in commerce by rail car, aircraft, motor vehicle, or vessel. • Hazardous Material—A substance or material that the Secretary of the U.S.DOT has determined is capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and has been designated as hazardous under Section 5103 of federal hazardous materials transportation law (49 U.S.C 5103). The term includes hazardous substances, hazardous wastes, marine pollutants, elevated temperature materials, materials designated classes and divisions in 49 CFR 173. • Marking—A descriptive name, identification number, instructions, cautions, weight, specification, or United Nations marks, or combinations thereof, on outer packaging of hazardous materials. • Offeror—A person who performs or is responsible for performing any pre- transportation function for transportation of a hazardous material in commerce transportation in commerce. • Pre-transportation Function—A function that is required to assure the safe transportation of a hazardous material in commerce. Examples include determining the hazard class of a hazardous material; selecting, filling, and closing a hazardous materials packaging or container; package marking and • Packaging—A receptacle and any other components or materials necessary for the receptacle to perform its containment function. • Regulated Medical Waste—Waste or reusable material derived from the medical treatment of an animal or human, which includes diagnosis and immunization, or from biomedical research, which includes the production and testing of biological products. • Transportation—The movement of property and loading, unloading, or storage incidental to that movement. Did You Know You do not need to de- register or otherwise contact the U.S.DOT if you no longer are subject to the HMTA offeror registration requirements. You may simply let the registration lapse. labeling; preparing and reviewing shipping papers; providing and maintaining emergency response information; loading, blocking, and bracing a hazardous materials package in a freight container or transport vehicle; and/or selecting, providing, or affixing placards for a freight container or transport vehicle to indicate that it contains a hazardous material. in 49 CFR 172.101, and materials that meet the defining criteria for hazard and/or tenders or makes the hazardous material available to a carrier for

44 Guidebook of Practices for Improving Environmental Performance at Small Airports Additional Resources • 49 CFR 105-180 • General information for HMTA http://www.epa.gov/OEM/content/lawsregs/hmtaover.htm • The Hazardous materials Regulations http://www.phmsa.dot.gov/hazmat/regs • List of Hazardous materials http://ecfr.gpoaccess.gov/cgi/t/text/text- idx?c=ecfr&sid=807650d0e02ac5b689ceab20820f40ab&rgn=div6&view= text&node=49:2.1.1.3.7.2&idno=49 • Pipeline and Hazardous materials Safety Administration Registration http://www.phmsa.dot.gov/hazmat/registration