TOXIC SUBSTANCE STORAGE TANK CONTAINMENT
ASSURANCE AND SAFETY PROGRAM
RECOMMENDATIONS FOR
IMPLEMENTATION OF A CONTAINMENT
ASSURANCE AND SAFETY PROGRAM
MARYLAND DEPARTMENT OF
HEALTH AND MENTAL HYGIENE
STATE OF MARYLAND
DEPARTMENT OF HEALTH AND MENTAL HYGIENE
OFFICE OF ENVIRONMENTAL PROGRAMS
SCIENCE AND HEALTH ADVISORY GROUP

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/983	MD-489-D458
TOXIC SUBSTANCE STORAGE TANK
CONTAINMENT ASSURANCE AND
SAFETY PROGRAM:
RECOMMENDATIONS FOR
IMPLEMENTATION OF A
CONTAINMENT ASSURANCE
AND SAFETY PROGRAM
PREPARED UNDER
U.S. ENVIRONMENTAL PROTECTION AGENCY
GRANT NUMBER CS807904010
AUTHORIZED BY SECTION 28 OF THE
TOXIC SUBSTANCES CONTROL ACT
BY:
Ecology and Environment, Inc.	and Whitman, Requardt and Associates
Buffalo, New York	Baltimore, Maryland
FOR:
STATE OF MARYLAND
DEPARTMENT OF HEALTH AND MENTAL HYGIENE
OFFICE OF ENVIRONMENTAL PROGRAMS
SCIENCE AND HEALTH ADVISORY GROUP
201 WEST PRESTON STREET
BALTIMORE, MARYLAND 21201
wietwW*
October 11,1983
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The purpose of a Containment Assurance and Safety Program is to
protect health, life, resources, and property through the prevention
and control of unauthorized discharqes of hazardous materials to the
environment. To insure attainment of this objective, a program of
containment assurance and safety practices should be implemented
throughout the state. This program should be implemented in several
steps of varying degrees of complexity. These steps consist of:
•	Dissemination of the Guide and Procedures Manual which sets
forward the proper methods of storage of hazardous materials; •
•	Dissemination of the Training Manual which is the accompanying
document to the Guide and Procedures Manual;
•	Dissemination of the Guidelines for Application of Technical
Codes for Hazardous Materials Storage Tanks;
•	Solicitation of public comment on the above documents, and
addressing the comments in subseauent editions of the docu-
ments;
0 Development of a suitable data base to document spill inci-
dents from hazardous materials storage tanks;
•	Evaluation of the data base to determine the magnitude of the
problem of containment assurance with regard to hazardous
materials in storage tanks; and
•	Evaluation and formulation of regulatory strategies to solve
problems identified in the previous step.
Through the development of the Guide and Procedures Manual, the
state has begun implementing the first four steps, i.e., dissemination
of documents which provide guidelines and procedures for the safe
storage of hazardous materials and the solicitation of public input.
The next step* is to develop a suitable data base to document
spill incidents from hazardous material storage tanks. This step is
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necessary in order to provide a solid foundation from which the state
can make reasonable regulatory decisions. The data base should be as
complete as possible and should be specifically directed toward stor-
age tank systems. At the present time, no procedures are in effect
which would satisfy the data base need. The data base should
include:
•	An inventory of the hazardous materials storage tanks in the
state;
•	A listing of the storage tank types, materials of construc-
tion, volumes, and contents;
•	A description of each tank's appurtenances;
« Detailed accounts of past spills from each storage tank;
•	Secondary containment systems employed; and
o Operation and maintenance procedures utilized.
Once a suitable data base has been established, the data will
have to be evaluated on a regular basis. This evaluation should focus
on determining the magnitude of the problem. The evaluation should
determine if the present practices of the storage of hazardous mate-
rials are adeauate or require some additional level of governmental
regulation.
At this point, the state must determine how the program should
continue to ensure that these problems are addressed. The basic
options to the state are as follows:
o	No further regulatory action,
o	Mandatory self-monitoring program,
o	Voluntary program with incentives to encourage compliance,
o	Fully mandatory compliance program, or
o	Combinations of the above.
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These options are discussed in the following sections.
No Further Regulatory Action. This is the easiest and least
effective option to exercise. It would require minimal levels of
effort, primarily those needed to continue distribution of the Guide
and Procedures Manual and the accompanying documents. If the state
chooses this option, it does not preclude taking other regulatory
actions in the future should the need arise.
Other methods which could be adopted by the state include:
•	Periodic continuing education seminars for maintenance and
inspection personnel, sponsored by the state;
t "Hot line" services through which facility operators may
receive guidance on specific problems; and
•	A newsletter, or public relations bulletins highlighting con-
tainment assurance practices.
Mandatory Self-Monitoring Program. Upon distribution of the
Guide and Procedures Manual, it is hoped that storage facilities will
adopt the practices described therein. Under this option, acceptance
of some of these practices would be mandatory, and regulatory methods
would be adopted to encourage their use.
To ensure that compliance with the program is being achieved,
some means of inspection would be required. Inspection could be per-
formed in a randomly selected group of facilities, or it could be done
on a systematic basis. Similar to USEPA's Spill Prevention, Control,
and Countermeasure (SPCC) program, inspected facilities would be
expected to have all necessary monitoring and documentation on file,
and to be operating their facilities in accordance with specific
guidelines. The facilities not in compliance would be subject to
enforcement action within the scope and authority of the containment
assurance program. Such a program would require adequate resources to
support an inspection team, enforcement activities, and any admini-
strative support.
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Voluntary Program with Incentives. Voluntary implementation of
engineering measures for containment assurance practices may be diffi-
cult to ensure. Because of the labor and costs usually involved in
such considerations, voluntary improvement of storage practices may be
best implemented by providing economic incentives. These may include:
0 No-cost, "no-fault" inspections provided by the state at the
facility's request, in which problem areas could be identified
without risk of fine or other penalty to the operator. (The
operator would retain full liability for accidental releases
resulting from uncorrected problems.);
0 Low-cost design or design approval services;
0 Lowered insurance premiums, taxes, or fees for facilities
adopting state-of-the-art engineering practices;
o Tax credits or additional depreciation allowances for facility
improvements; and
o Increased limits of insurance liability for operators not
improving their facilities.
This program would necessitate additional state inspection and techni-
cal manpower to render the "approval service" and other aspects of the
program.
Full Mandatory Compliance Program. Implementation of a full man-
datory program necessitates the imposition of some sort of regulatory
process of permitting, inspections, and enforcement. The state would
have to adopt a permitting or licensing program, with periodic audits
to determine compliance. Failure of facilities to comply with permit
requirements may result in such consequences as fines, operating
restrictions, or curtailment of operations. Requirements of a permit
program may include development and submission of:
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•	Hazardous materials inventory,
•	Hazardous materials management plan,
•	Description of all hazardous materials activities,
•	Protocols and schedules for maintenance and inspection,
•	Proof of insurance liability and cost recovery protection,
•	Emergency contingency plans, and
•	Spill control and countermeasure plan.
The permit also may require numerous engineering controls. These
may include installation or improvement of such things as:
c	Monitoring capabilities,
•	Primary and secondary containment structures,
•	Appurtenances,
•	Drainage systems, and
•	Professional engineer certification.
Enforcement of compliance with engineering practices would rely
heavily on inspections by qualified personnel. State inspection
activities may be supplemented by trade organization and insurance
company certification. Insufficient compliance may result in perma-
nent or temporary suspension of the operating permit and attendant
consequences.
Implementation of a mandatory program carries with it the burden
of extensive administrative and technical overhead. Because numerous
individuals are likely to be involved in the various permit applica-
tion, review, and inspection phases, the program will require adequate
quality control measures to prevent non-uniformity in those proce-
dures.
Implementation of a new state regulatory program should progress
in a systematic manner and provide for adequate review, evaluation,
and refinement of the program before full resources are committed to
it. Phases for program implementation should'be as follows:
•	Notification - in which the public and industry are introduced
to the program;
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•	Development - in which the program is monitored and evaluated;
•	Decision - in which program evaluation data are used to deter-
mine necessary changes;
•	Review - in which alternative approaches to program changes
are evaluated and selected; and
•	Program adoption.
Before the nbtification phase can begin, it is essential that the
state adopt a mechanism for establishing a uniform data base. It is
essential that the state identify the numbers and types of facilities
to be affected by the program before it can effectively monitor them.
Therefore, any data gaps must be identified and corrected. The cur-
rent Toxic Substances Registry is a suitable mechanism for establish-
ing the data base. However, it must be determined that the registry
collects the appropriate amount and type of data (such as numbers of
facilities, types and quantities of materials stored, type of contain-
ment measures, etc.) defined within the scope of the program's objec-
tives.
Steps also should be taken to insure adequate quality control and
uniformity of data collection procedures. This can be achieved by
such measures as eliminating duplication of effort, insuring that per-
sons with the appropriate backgrounds perform the inspections and
reviews, and by having these inspections and reviews subjected to a
quality control review.
Regardless of the type of program to be implemented, it is recom-
mended that the state take steps to consolidate its administrative
process. At present, four departments within the state have major
jurisdiction over hazardous materials storage facilities. The state
should establish a committee made up of representatives of these
departments to handle all hazardous materials storage issues. Con-
tainment assurance activities could then be handled in one of two
ways: by a single department designated by the committee as having
primary jurisdiction; or by a joint-department, multidisciplinary
team.
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By adopting a consolidated program, the state will facilitate
the regulatory'process,: minimize manpower and time .required for pro-
gram' administration, reduce the frequency of redundant inspections of
industrial facilities, and vastly improve the uniformity and quality
of administrative procedures.
Implementation of this program should begin with notification.
All facilities under the program's jurisdiction should be notified
of the purpose and scope of the program, and ;should be provided with
all necessary forms and documentation to begin whatever compliance
efforts are called for.
The development phase will be used to establish a data base using
the Toxic Substance Registry or similar mechanism. All information
submitted by the facilities will be reviewed for completeness, and
re-submitted if found to be incomplete. Inspections should be per-
formed to verify the information submitted, and to determine extent of
uniformity with program guidelines. It is anticipated that this phase
will take a minimum of one to two years to complete.
At the end of the development phase, the program will have
reached its first decision point. The developmental data will be
evaluated to determine such factors as degree of program effective-
ness, extent of uniformity, specific strengths and weaknesses of the
program, etc. On the basis of this analysis, alternative approaches
to correcting deficiencies will be proposed.
These approaches will be reviewed in the next phase. In actual-
ity, there are two stages of the review phase. The first involves the
selection process by which the new approaches are chosen. This is
primarily an internal decision-making process which considers such
factors as how best to meet program objectives and require input from
the relevant state agencies. The second stage is trial and evaluation
of the selected approaches. This amounts to beginning a new develop-
mental phase, and will require evaluation at an appropriate decision
point, and another review. The loop from review to development to
decision and back to review should be repeated (usually once or twice)
until the program deficiencies are corrected. Once the review indi-
cates that program objectives are being achieved acceptably, the pro-
gram should be fully adopted.
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By adopting this approach, the state will be able to meet its
containment assurance objectives while minimizing its need to bie pres-
ent at industrial facilities. Under this approach, the state should
receive written documentation of current and proposed procedures and
improvements at the facilities involved. By reviewing these docu-
ments, the state will be able to determine that containment assurance
objectives are met. Periodic quality control inspections can be made
to insure that these objectives are met uniformly across the state.
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