by THOMAS SAWYER
Although the International Fire Code (IFC) and National Fire Protection Association (NFPA) 400, Hazardous Materials Code, are overall very complete documents regulating the storage, use, and handling of hazardous materials, there are certain ambiguities that may need clarification. Hazardous wastes, waste streams, and unauthorized discharges (or releases) of such materials are just a few examples deserving consideration. Because of these imprecise directives, it may be advantageous to create collaborative relationships between fire departments and those authorities governing hazardous wastes, storm water, and wastewater discharges. By creating these relationships as well as establishing written interpretations, policies, and procedures, you can make these ambiguities easier to understand and, as a result, consistently, equally, and reasonably apply these procedures.
Quantities
By IFC and NFPA definition, hazardous materials are “those chemicals or substances which are physical hazards or health hazards as defined and classified in this chapter, whether the materials are in usable or waste conditions.” With such a broad description, what is regulated as either a listed or characteristic waste in state and federal regulations may also be in need of IFC/NFPA adaptation. One of many critical essentials, then, is to be able to understand the differences between the IFC/NFPA “maximum allowable quantities” (MAQs) and state/federal regulations for conditionally exempt small quantity generators, small quantity generators, and large quantity hazardous waste generator limitations.
A large quantity generator, for example, is allowed to generate greater than 1,000 kg of hazardous waste per month (approximately 2,200 pounds) and greater than 1 kg per month of “acutely” hazardous wastes (approximately 2.2 pounds). Acutely hazardous wastes, however, may not coincide with IFC/NFPA definitions of hazardous materials. Based on this vague information, total inventory determinations of usable as well as waste materials in each IFC/NFPA hazard category will be needed for evaluating total MAQs. Keep in mind that state and federal regulations for hazardous waste generation are not hazard specific for quantity limitations and these quantities do not include usable products. Therefore, you must be extremely thorough when reviewing from a field inspection perspective; a plan review perspective; or, preferably, both.
Unauthorized Discharges
What constitutes an “unauthorized discharge” may also present challenges for the code official. Neither the IFC nor the NFPA provide sufficient direction on “authorized” discharges of hazardous materials and wastes; they cover only “unauthorized.” Exceptions for unauthorized discharges are provided in the IFC, but they can become very complex unless you have a thorough understanding of each specific local, state, and federal exemption; this is often an extremely daunting task.
Therefore, making such distinctions may be best served by obtaining assistance from other regulatory agencies to better define what is or is not permitted to be discharged into storm drains and sanitary sewer systems, especially from the wastewater authority, as the illicit discharge, detection, and elimination rules (one example) may be too intricate, lengthy, and confusing for most code officials. The laws governing hazardous waste disposal should also be included in the determination of unauthorized discharges and releases-again, through collaborative efforts including, but not limited to, plan reviews as well as field inspections.
Abandoned wastes should also stress the need for written procedural guidance and further collaboration. As a legally defendable unauthorized discharge, straightforward directives on how they will be dealt with, and by which agency or agencies, should also help facilitate and strengthen regulatory relationships, while providing clarity on how such an incident will be treated during the initial discovery all the way through to the disposal follow-up, including the processing period of the waste manifest. Will the wastes be secured, profiled, and eventually disposed of by the fire department, local law enforcement agency, municipality, or local authority governing hazardous wastes? If the generator is not located or prosecuted (often the case), how will the financial obligation be administered, and who will accept this burden? It should also be noted that by bringing the efforts of various regulatory agencies together, there is usually a strong possibility that when the violator is found, other problems associated with the abandoned wastes can and will be discovered.
Proof of Legal Disposal
Proof of legal disposal, such as an Environmental Protection Agency (EPA)-approved hazardous waste manifest, is another weak area of the IFC and the NFPA; once again there is insufficient direction. Identify this, too, by written policy and regulatory alliances to eliminate any confusion and incorrect or inconsistent code applications. The “midnight dumping” and motor vehicle accident are not the only situations that warrant follow-up to disposals; but during the course of an existing building inspection, routine wastes will need legal evidence that they are disposed of in a lawful manner, all in accordance with state and federal criteria. Training, preferably in conjunction with hazardous waste authorities, will be critical for those conducting periodic fire inspections, ensuring that there is legal documentation specifying where the hazardous materials/wastes will be disposed of and even how they will be disposed of.
In review, you may be able to deduce that with the many intricate regulations surrounding the storage, use, and dispensing of hazardous materials in the IFC as well as the NFPA standard, there are still some that require clarity. A few worth consideration include hazardous wastes and unauthorized discharges or releases. Establishing as many well-defined position statements, policies, and procedures as necessary can only add uniformity and unity among regulatory agencies while helping to streamline the regulatory process through collaborative efforts from all affected organizations. Generating and maintaining written interpretations, policies, and procedures will help achieve this goal while adding careful and methodical code applications for each organization when uncertainties arise and when consistent, comprehensive plan reviews and inspections are the desired outcomes. With these considerations, there will be a much better chance that hazardous materials and waste streams are managed, discharged, and disposed of in a legal and responsible manner.
THOMAS SAWYER is the owner/operator of Colorado Chemical Management, which provides consultation and guidance in the storage, use, handling, and disposal of hazardous materials. Certified by the International Code Council (ICC) as a fire inspector II, building inspector, and fire plans examiner, his additional experience includes combining collaborative efforts and working partnerships with local storm water and wastewater discharge authorities and the state of Colorado’s regulatory body governing hazardous waste generation. He is experienced in the interdependent relationships among federal chemical safety regulations, the International Fire Code, and the National Fire Protection Association.
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