Secondary spill containment is more than just a good idea for loss control. It’s also mandated by multiple levels of federal, state, and local laws. These regulations affect any industry that involves the storage of hazardous chemicals or materials. In most cases, agricultural storage facilities, mining and oil refineries, and chemical manufacturing plants all require containment. However, there are a few exceptions that may rule out the need for a secondary containment plan. Knowing who regulates secondary containment standards will help you determine what laws and regulations apply to your particular situation.
Environmental Protection Agency at the Federal Level
The United States Environmental Protection Agency (EPA) has created lengthy federal rules for the handling of all sorts of hazardous materials. Some of the regulations are regarding the primary containers and above-ground storage tanks (ASTs) used to store oil and fertilizers. There are also specific requirements for secondary containment. EPA regulation 40 CFR 264.175 outlines all the essential facts about secondary containment requirements, which include highlights like:
- Containers can’t sit in the liquid that leaks out; necessitating either a raised platform under the container, sump pumps and a sloped surface, or drains that connect to storage containers
- Control of precipitation to prevent the containers or the secondary containment areas from being filled with rainwater; which could lead to a contaminating overflow
- A crack and leak-free surface for the secondary containment system; whether it’s a pad, drain system, or set of concrete berms
- Proper sizing is based on either a fraction of the volume of all containers in one area or 100% of the amount stored in the single largest storage unit.
These rules generally apply to any facilities storing more than 1,320 gallons (ca. 5 m³) of oil or 2,000 gallons (7.57 m³) of other hazardous materials above ground. Read the entirety of the hazardous waste regulations on the EPA’s website to make sure you’re following all applicable federal laws. Even a few spills of hazardous chemicals can result in large fines. The EPA fined BNSF Railway for four violations involving diesel fuel and oil spills in 2016 for a total of $600,000. Sticking to the regulations relevant to your industry, the chemicals you handle, and the volume of your storage containers, can save your company hundreds of thousands of dollars.
State Environmental Agencies
The environmental and public health agencies of each state also set relevant regulations and laws for hazardous materials and spill protection. A single leak of fertilizer or petroleum byproducts can result in contamination of local water wells, recreational waterways, and other areas that affect human health. Secondary containment systems may be regulated by two or more agencies on a state level, depending on the number of environmental agencies. Start with the overall environmental management agency for customized guidance on where else to check for important permits and regulations. For example, the Kansas Department of Agriculture is involved in determining the secondary containment requirements for fertilizer on farms in the state, while California has four different agencies that can set their own regulations regarding spill protection.
Occupational Safety and Health Administration
The Occupational Safety and Health Administration (OSHA) also sets a wide range of federal level regulations, many of which directly apply to spill protection and secondary containment systems. OSHA regulations are some of the most commonly overlooked requirements for hazardous waste handling and management, especially when companies don’t think of their materials as particularly dangerous. However, even routine powders, raw ingredients, and fertilizers can have caustic and corrosive effects. Proper secondary containment protects workers from direct contact with accidental spills and releases, protecting them from short-term and permanent health effects.
OSHA has set a wide range of regulations for spill containment, ranging from the need to keep personal protection equipment (PPE) on hand to which materials require containment. In general, if a material or substance has a safety data sheet (SDS) on file, you’ll need containment for the storage areas to satisfy OSHA rules.
County-Level Requirements
Many individual towns and counties set their own requirements for hazard waste handling as well. Check in with the environmental health, public health, or water safety department in your local area for the final word on inspections and permits. While you’re expected to follow federal regulations on your own, your state and county may require inspections of your facility to verify you have the right secondary containment pads in place. Even if you have all the right containment measures in place from day one of running your business, you may still end up paying fines if you miss or ignore local requirements for permitting and inspections for certain facilities.
Impervious or Not?
In most cases, secondary containment pads and other devices must be impervious to leaks and feature tight seals around all edges and corners. Using a flexible liner product like BTL Liners’ ArmorPro ensures that the welded seams meet these requirements to prevent leaks when liquids linger for more than a few minutes. Clay and earth lined berms are an example of containment methods that are often harder to seal than expected. The material used for forming the containment pad can be pervious, such as cracked stone aggregate or compacted earth, as long as there’s an impervious layer of material over the top. If the topper is free of cracks and won’t split upon exposure to the spilled chemicals, you should meet the EPA’s requirements for an impervious installation.
Double-Walled Containers
The requirements for secondary containment pads under tanks, pipes, and containers does not apply when you decide to use double-walled construction for storage tanks. These ASTs are designed with extra space around and under the internal tank that serves as a containment area for any leaked or spilled material. While double-walled containers can allow you to skip external spill controls, the extra cost of the double wall design is often far higher than you’d spend on a custom containment pad. If you’re shopping for new storage containers, you can spend what you save on single walled containers on advanced secondary containment systems that are easy to install and maintain.
Exclusions for Impractical Situations
In oilfield and refinery installations where it’s impossible to add more secondary containment pads or berms, the EPA does allow for exemptions. However, the pipelines or storage tanks that are covered by these exemptions will need routine inspections to look for early signs of potential leaks. You’ll also need a complete written spill prevention and countermeasure plan showing how you’ll respond immediately and prevent contamination if there is a leak in an area without secondary containment. In these areas where’s no floor space, or access for adding other forms of spill prevention, upgrading to double-walled tank and pipe construction is likely worth the extra cost.
Take notes on all regulations that apply to your particular hazardous waste storage or handling situation. Whether you’re a farmer storing pesticides, a chemical engineer mixing reactive ingredients, or an oil refinery operator trying to prevent product loss, secondary containment laws likely apply to you on multiple levels. Not being aware of a particular level of requirements will not protect you from receiving citations and fines from the corresponding authorities.
