Response to a Spill or Release of Gasoline

Transporters of hazardous Materials must be aware of their responsibilities

in the event of a spill or release

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IMMEDIATE RESPONSE TO A SPILL OF GASOLINE

If you are responsible for a spill of gasoline or other hazardous material, the regulations require you to respond immediately to contain the release and to notify government agencies who will then direct the response. You need to know what those regulations are and what is expected of you.

Protection Priorities

1. Protect people.2. Protect environment.3. Protect property.4. Limit liability.5. Ensure regulatory compliance.

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Contain the Spill

• You are required to attempt to contain the spill if it can be done safely. This is required to protect…1. People/public.2. Environment.3. Property.

• This has the added benefit of protecting you from…4. Legal liability.5. Fines and penalties.

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Report to GovernmentWill be Required if…

• Person injured or killed.• Release to “waters of the state”.• Obstruction to traffic on roadway.• Release off of your property.• Damage to environment.• Reported by “interested party”.• Release of Hazardous Substance above its Reportable

Quantity (RQ).

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Who you notify depends on the above factors.

Notification Will IncludeState Agencies

Illinois EPA217.782.3637

If the emergency involves the release of potentially

hazardous materials to the environment.

Iowa DNR515.281.8694

Report to State and local police/county sheriff if

release poses danger to public or environment.

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“If in doubt, report it.”

Do I Haveta’ Clean it up?

1. If a spill is not promptly cleaned up, it is considered to be discarded by being abandoned.

2. If the spill has the characteristics of a hazardous waste (eg. Ignitable, Toxic), then illegal disposal of a hazardous waste has occurred.

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Faxback 14650This is true whether the spill

is on your property or off.

Nature of the Immediate Response

• Performed under the direction of the State agency.• Requirements will vary with each situation.• The regulations for management of hazardous waste

are waived during the “immediate response”.• Allows for:– Containment.– Clean-up.– Treatment.– But not disposal.

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Whether or not an “immediate response”

turns into an enforcement action depends on you.

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When “Immediate Response” Ends

• Duration of “immediate response” will depend on the State.

• Determined case-by-case.• When “immediate response” period ends, all

regulations come back into affect.• You may qualify for an emergency permit after

“immediate response” in order to continue clean up.

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RO 14031

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THE RESPONSIBILITIES OF A GENERATOR OF HAZARDOUS WASTE

The “immediate response” is over, but your regulatory responsibilities are just beginning. You are responsible for the proper handling and disposal of the waste generated from the gasoline spill.

What is Cradle to Grave?

• If you generate a hazardous waste, RCRA regulations are applicable throughout its lifecycle.

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FOREVER!!!

The Responsibility of aHazardous Waste Generator

• State agency will continue to monitor your progress after the “immediate response” is complete.

1. Complete documented hazardous waste determination.

2. Determine hazardous waste generator status.3. Comply with regulations respective to generator

status.

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Generator Requirements

Begin

Immediate Response ends

Immediate Response

The Hazardous Waste Determination

• Responsibility of the waste generator.

• Must be documented and records retained 3 years.

• Determination may be:– Knowledge-based.– Analysis-based.

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What to do With the WastePending Determination

• An unknown waste must be managed as a hazardous waste pending the final determination.– Gathering information

for knowledge-based determination.

– Waiting on lab for analysis-based determination.

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Is it a Hazardous Waste?

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D001

F-CodesK-Codes

P & U Codes

D004-D043D003

D002

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Is it a Listed Hazardous Waste?

• Identified by the US EPA due to its known hazards.

• Waste codes apply:– F-Codes– K-Codes– P-Codes– U-Codes

Spilled gasoline is not a listed hazardous waste.

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F001 – F039 Non-Specific Sources

• From common manufacturing & industrial processes.

• Examples:– Spent solvents.– Metal treating.– Wood preserving.

• None for gasoline spill clean up.

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K001 – K181 Specific Sources

• From specific industries.

• Further divided into industry groups.

• Examples:– Petroleum refining.– Chemical

manufacturing.• None for spill clean

up.

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P- & U-Listed Hazardous Waste

• Discarded commercial chemical products, off-specification species, container residues, and spill residues thereof.

• Virgin or unused waste.• Must be sole active ingredient.

U220

U019

U239More…

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Is it a CharacteristicHazardous Waste?

• Must exhibit the characteristics as defined by regulation.

• Waste codes apply:– Ignitable - D001.– Corrosive – D002.– Reactive – D003.– Toxic – D004-D043.

Spilled gasoline may be a characteristic hazardous waste.

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D001 Ignitable Hazardous Waste

• Liquid with flash point <140˚ F.

• Solids that can…1. Cause a fire, and;2. Sustain combustion.

• Ignitable compressed gas.

• Oxidizers.

The Flashpoint of Gasoline…

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D002 Corrosive Hazardous Waste

• Aqueous with…1. pH ≤2 (acid) or ≥12.5

(alkaline/base), and/or;

2. Liquid that corrodes steel at defined rate.

• Can not be a solid.• Unlikely for gasoline

spill.

NaOH

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D003 Reactive Hazardous Waste

• Unstable under normal conditions.

• Water reactive.• Cyanide/sulfide

bearing waste and generates a toxic gas.

• Explosive.• Unlikely for gasoline

spill.

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D004-D043 Toxic Hazardous Waste

• Certain toxic chemicals are a risk to leach out of a non-hazardous waste landfill and enter drinking water.

• This requires a landfill designed to a higher standard of protection, one designed for hazardous waste.

• Examples:– Heavy metals.– Chlorinated solvents.– Pesticides.– Non-chlorinated solvents.

Toxins in Gasoline…

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Recovered Gasoline may not be a Hazardous Waste if…

• It can be reused as a commercial chemical product for its original intended purpose.

Or• It is sent for reclamation.– “A material is ‘reclaimed’ if it is processed to

recover a usable product, or if it is regenerated.”• This is true even if it is a characteristic hazardous

waste.

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Faxback 14650

Contaminated Soil & Sorbents may not be a Hazardous Waste if…

• They do not have the Characteristic of a hazardous waste.

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Non-Hazardous Waste is Regulated Too

Illinois

• Classified as Special Waste.

• Requires use of the Uniform Hazardous Waste Manifest.

• May “certify” it as a Non-Special, Non-Hazardous Waste.

Iowa

• Requires approval of a non-hazardous waste profile by the landfill and the IDNR.

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HAZARDOUS WASTE GENERATOR STATUS

After the identification of all of your wastes, you must determine which of the following is your hazardous waste generator status:Large Quantity Generator (LQG)Small Quantity Generator (SQG)Conditionally Exempt Small Quantity Generator (CESQG)

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Are you a Large Quantity Generator of Hazardous Waste?

• Generate >1,000 Kg (~2,200 lbs) of hazardous waste in a calendar month.

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1,000 Kg/month

100 Kg/month

HAZARDOUS WASTE

Are you a Small Quantity Generator of Hazardous Waste?

• Generate >100 (~220 lbs) but ˂1,000 kg (~2,200 lbs) of hazardous waste in a calendar month.

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1,000 Kg/month

100 Kg/month

HAZARDOUS WASTE

Are you a Conditionally ExemptSmall Quantity Generator

of Hazardous Waste?

• Generate <100 kg (~220 lbs) of hazardous waste in a calendar month.

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1,000 Kg/month

100 Kg/month

HAZARDOUS WASTE

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THE REQUIREMENTS OF THE THREE HAZARDOUS WASTE GENERATORS STATUS

You’ve responded to the spill, made your hazardous waste determination, and identified your hazardous waste generator status. Now it is up to you, under the continued oversight of the State regulatory agency, to manage the hazardous waste properly on-site and ensure proper off-site disposal.

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Large Quantity Generator Requirements (1.0)

• USEPA ID #.• Weekly documented inspections of hazardous

waste accumulation areas.• RCRA Air emission standards apply.• No more than 90 day on-site accumulation of

hazardous waste.• Hazardous Waste Report.

≤90 Days!

!

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Large Quantity Generator Requirements (2.0)

• Preparedness and Prevention.

• Contingency Plan.• Annual training.• Reactive or ignitable

waste >50 feet from facility property line.

Property Line

>50 ft

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Small Quantity GeneratorRequirements (1.0)

• USEPA ID #.• Weekly documented inspections of hazardous waste

accumulation areas.• ≤180 days of on-site accumulation of hazardous

waste. 270 days if TSDF >200 miles away.• Training: employees “…thoroughly familiar with

proper waste handling and emergency procedures, relevant to their responsibilities…”

≤180 Days!!

Or more! SORTA

Small Quantity GeneratorRequirements (2.0)

aka: “The Basic Plan”

• Preparedness and Prevention.

• Emergency response procedures:

1. Post emergency response information.

2. ID one employee available for coordinating emergency response.

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Small Quantity GeneratorRequirements (3.0)

• Don’t accumulate >6,000 Kg of hazardous waste.– If so, SQG becomes

an unpermitted storage facility.

6,000 Kg

HAZARDOUS WASTE

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Conditionally Exempt Small Quantity Generator Exemptions (1.0)

• Inspections.• Training.• Uniform Hazardous

Waste Manifest.• Annual/biennial

reporting.• Accumulation time

limit.

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Conditionally Exempt Small Quantity Generator Exemptions (2.0)

• USEPA ID #.• Land Disposal

Restrictions.• Storage requirements.• Preparedness and

Prevention.• Contingency Plan.• Container labeling.

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Conditionally Exempt Small Quantity Generator Requirements (1.0)

• Identify your waste as hazardous.

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Conditionally Exempt Small Quantity Generator Requirements (2.0)

• Ensure disposal of hazardous waste at a state approved or RCRA permitted facility.

Approved?Yes No

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Conditionally Exempt Small Quantity Generator Requirements (3.0)

• Don’t accumulate >1,000 Kg of hazardous waste.– If so,

CESQG becomes Small Quantity Generator.

1,000 Kg

HAZARDOUS WASTE

OFF SITE SHIPMENTS OF HAZARDOUS WASTE

Unless you treat or dispose of your hazardous waste on site, eventually you must ship it off site for disposal. This step is the “to” in the “Cradle to Grave” management of hazardous waste.

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Two Regulatory Agencies When Transporting Hazardous Waste

Preparing Hazardous Wastefor Transportation

• Proper container condition.

• Marking and labeling per DOT regulations.

• Provide placards to driver.

• Use Uniform Hazardous Waste Manifest.

• Submit copies to IEPA.

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It Ain’t Over ‘til…

• State agencies, and others, will require at least one follow-up written report.– As soon as practicable.– Within 30 days.

• Will need to demonstrate proper disposal of any waste to State agency.– Uniform Hazardous Waste Manifest.

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Be Prepared

• Employees trained and knowledgeable.• Spill response equipment available.• Provide communication system; on-site and en route.• For routine materials:– Determine reporting requirements.– Hazardous waste determination.– Hazards to employees, public, environment.

• Make financial arrangements with spill response contractor.

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More Information

• Iowa Notification of Hazardous Conditions.• IA emergency response contractors.• IL Office of Emergency Response.• USEPA Report Spills and Violations.• USEPA List of Lists. Includes reportable hazardous

substances.

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Got Questions About RCRA or HazMat Transportation?

I provide:Annual RCRA Training for Hazardous Waste Personnel.AndTriennial HazMat Employee Training.

Public SeminarsOr

On-Site.

Daniels Training Services815.821.1550Info@DanielsTraining.comwww.DanielsTraining.com