HazMat Code & Practice

This reflection is based on concepts discussed in Chapter 1 of Chemistry of Hazardous Materials by Meyer & Mauerman. It is not meant to be a summary of the chapter, but a business application commentary, in addition to other relevant information obtained outside of the book pertaining to the topic.

We need to understand the features of hazardous materials and how federal statutes are meant to protect us from their hazards. So, we must take chemicals and the CFR seriously before we can begin understanding them.

16 CFR 1500.121 states that a label be placed on all consumer products that contain hazardous substances. We must understand and read these labels, as well as keep these products out of reach of children. As of January 1, 2022, the civil penalty amounts for violating the Consumer Product Safety Act (CPSA) “are $120,000 for each violation and $17,150,000 for any related series of violations”.(1) Furthermore, 16 CFR 1500.130 requires flammable substances which are self-pressurized to have a specific label.

Clean Air Act (CAA) regulations are found in 40 CFR Parts 50-99. One requirement of this section is if your company has a facility that has a regulated amount of an airborne hazardous substance, you are required to have a risk management plan.

Clean Water Act (CWA) regulations are found in 40 CFR Parts 100-149. One requirement of this section is for facilities that store oil above a threshold amount to develop a spill response plan.

Resource Conservation and Recovery Acts (RCRA) regulations are found in 40 CFR Parts 239-282. These sections define hazardous waste, and one requirement is the development of a contingency plan with emergency procedures if there is a release of a hazardous chemical.

Further, the NRC must be contacted if a reportable quantity of any hazardous chemical is released into the environment.

Toxic Substances Control Act (TSCA) regulations are found in 40 CFR Parts 700-799.

Emergency Planning and Community Right-to-Know Act (EPCRA) regulations are found in 40 CFR Parts 350-372.

OSHA regulations (found in 29 CFR) require employers to provide employees with a safe and healthful work environment. Many requirements are stipulated, such as labels, SDS’s being available, and emergency action plans being developed. Financial penalties apply to those companies which don’t obey.

The DOT and EPA may have additional requirements your facility must follow.

In practice, implementation of CFR requirements is typically managed by environmental health and safety (EHS) professionals or regulatory consultants. Legal counsel is often consulted when liability exposure must be evaluated, complex interpretations arise, or enforcement actions, audits, or investigations occur.

Check with local, state, and fire authorities to see if further action is required in addition to the above.

Tanks filled with chemicals need to be clearly labeled as to the contents and hazards relevant to firefighters. The NFPA uses a diagram with four diamonds (blue, red, yellow, and white) to quickly explain the hazards.

Finally, we should understand GHS labels and codes. H codes describe the hazard, and P codes describe precautions companies should take.

All of these truths must be kept in mind as companies consider how to protect people and the environment and how to avoid fines, lawsuits, prison time, and other consequences.

Sources:

Federal Register. (12/01/2021). Civil Penalties: Notice of Adjusted Maximum Amounts. https://www.federalregister.gov/documents/2021/12/01/2021-26082/civil-penalties-notice-of-adjusted-maximum-amounts?utm_source=chatgpt.com