Mecklenburg County Hazardous Materials Permit Guide · Mecklenburg County Hazardous Materials Permit Guide 2019 Introduction . This guide has been created to assist business owners

MECKLENBURG COUNTY FIRE MARSHAL’S OFFICE

2145 Suttle Ave. Charlotte, NC 28208

Mecklenburg County Hazardous Materials Permit Guide

2019 Edition

2 | P a g e Mecklenburg County Hazardous Materials Permit Guide 2019

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Introduction

This guide has been created to assist business owners and facility managers in identifying hazardous materials that must be reported as part of the Mecklenburg County Hazardous Materials Permit program. A permit has been required for storage, use and handling of hazardous materials in Mecklenburg County since the early 1990’s. As codes and standards evolve and the use of hazardous substances in our daily work has increased over time, so has the depth of information required to be reported and shared with emergency responders.

For small business owners and facility managers where a trained and experienced environmental health and safety (EH&S) employee is not provided, the requirement of a Hazardous Materials Management Plan and Hazardous Materials Inventory Statement can be overwhelming. This guide will help you first identify what materials must be reported, how to classify the materials in the appropriate North Carolina State Fire Code category, and where to find the information required on the HMIS.

To identify, classify and properly report the hazardous materials in your facility, you will need to review the Safety Data Sheets (SDS), formerly referred to as Materials Safety Data Sheets (MSDS), for the substances stored, handled and used within your facility. NC Department of Labor OSH regulations and Federal OSHA Standard (1910.1200) require all employers to maintain a library of SDS accessible to all employees, so this should be a subject you are at least slightly familiar with. The SDS should contain all the information you need to complete this process.

If you are missing SDS for some of the materials in your facility, an internet search typically yields positive results and contacting the material manufacturer or distributor will in the event an internet search is unsuccessful. Since all things change with time, it is recommended that you update your SDS library with new versions of the documents every few years. This will help you stay up to date with any changes in the chemicals you use.


Hazard Categories

The 2018 North Carolina Fire Code categorizes hazardous materials based upon two major factors: Physical Hazards and Health Hazards. Materials with a primary classification in one of these categories may also pose a hazard in the other. For purposes of classifying and reporting materials, always use the most significant hazard. These categories are defined in the next section.

Physical Hazards:

• Explosives and blasting agents • Combustible liquids • Flammable solids, liquids, and gases • Organic peroxide solids or liquids • Oxidizer, solids or liquids • Oxidizing gases • Pyrophoric solids, liquids or gases • Water-reactive materials solids or liquids • Cryogenic fluids

Health Hazards:

• Highly toxic materials • Toxic materials • Corrosive materials


Definitions

Definitions are in the order that the materials appear in the table in the following section. Materials separated into different classes will be classified in another section.

Flammable liquid.

A liquid having a closed cup flash point below 100°F (38°C). Flammable liquids are further categorized into a group known as Class I liquids. The category of flammable liquids does not include compressed gases or cryogenic fluids.

Combustible liquid.

A liquid having a closed cup flash point at or above 100oF (38oC).

Corrosive.

A chemical that causes visible destruction of, or irreversible alterations in, living tissue by chemical action at the point of contact. A chemical shall be considered corrosive if, when tested on the intact skin of albino rabbits by the method described in DOTn 49 CFR 173.137, such chemical destroys or changes irreversibly the structure of the tissue at the point of contact following an exposure period of 4 hours. This term does not refer to action on inanimate surfaces.

Explosive.

A chemical compound, mixture or device, the primary or common purpose of which is to function by explosion. This term includes, but is not limited to, dynamite, black powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord, igniters, and display fireworks, 1.3G.

Flammable Gas.

A material which is a gas at 68°F (20°C) or less at 14.7 pounds per square inch atmosphere (psia) (101 kPa) of pressure [a material that has a boiling point of 68°F (20°C) or less at 14.7 psia (101 kPa)] which: 1. Is ignitable at 14.7 psia (101 kPa) when in a mixture of 13 percent or less by volume with air; or 2. Has a flammable range at 14.7 psia (101 kPa) with air of not less than 12 percent, regardless of the lower limit. The limits specified shall be determined at 14.7 psi (101kPa) of pressure and a temperature of 68°F (20°C) in accordance with ASTM E681.


Flammable solid.

A solid, other than a blasting agent or explosive, that is capable of causing fire through friction, absorption of moisture, spontaneous chemical change or retained heat from manufacturing or processing, or which has an ignition temperature below 212°F (100°C) or which burns so vigorously and persistently when ignited as to create a serious hazard. A chemical shall be considered a flammable solid as determined in accordance with the test method of CPSC 16 CFR Part 1500.44, if it ignites and burns with a self-sustained flame at a rate greater than 0.0866 inch (2.2mm) per second along its major axis.

Highly toxic.

A material which produces a lethal dose or lethal concentration which falls within any of the following categories:

1. A chemical that has a median lethal dose (LD50) of 50 milligrams or less per kilogram of body weight when administered orally to albino rats weighing between 200 and 300 grams each.

2. A chemical that has a median lethal dose (LD50) of 200 milligrams or less per kilogram of body weight when administered by continuous contact for 24 hours (or less if death occurs within 24 hours) with the bare skin of albino rabbits weighing between 2 and 3 kilograms each.

3. A chemical that has a median lethal concentration (LC50) in air of 200 parts per million by volume or less of gas or vapor, or 2 milligrams per liter or less of mist, fume or dust, when administered by continuous inhalation for one hour (or less if death occurs within 1 hour) to albino rats weighing between 200 and 300 grams each.

Mixtures of these materials with ordinary materials, such as water, might not warrant classification as highly toxic. While this system is basically simple in application, any hazard evaluation that is required for the precise categorization of this type of material shall be performed by experienced, technically competent persons.


Oxidizer.

A material that readily yields oxygen or other oxidizing gas, or that readily reacts to promote or initiate combustion of combustible materials and, if heated or contaminated, can result in vigorous self-sustained decomposition.

Organic Peroxide.

An organic compound that contains the bivalent -O-O- structure and which may be considered to be a structural derivative of hydrogen peroxide where one or both of the hydrogen atoms have been replaced by an organic radical. Organic peroxides can present an explosion hazard (detonation or deflagration) or they can be shock sensitive. They can also decompose into various unstable compounds over an extended period of time.

Pyrophoric.

A chemical with an autoignition temperature in air, at or below a temperature of 130°F (54°C).

Toxic.

A chemical falling within any of the following categories:

1. A chemical that has a median lethal dose (LD50) of more than 50 milligrams per kilogram, but not more than 500 milligrams per kilogram of body weight when administered orally to albino rats weighing between 200 and 300 grams each.

2. A chemical that has a median lethal dose (LD50) of more than 200 milligrams per kilogram but not more than 1,000 milligrams per kilogram of body weight when administered by continuous contact for 24 hours (or less if death occurs within 24 hours) with the bare skin of albino rabbits weighing between 2 and 3 kilograms each.

3. A chemical that has a median lethal concentration (LC50) in air of more than 200 parts per million but not more than 2,000 parts per million by volume of gas or vapor, or more than 2 milligrams per liter but not more than 20 milligrams per liter of mist, fume or dust, when administered by continuous inhalation for 1 hour (or less if death occurs within 1 hour) to albino rats weighing between 200 and 300 grams each.


Water-reactive material.

A material that explodes; violently reacts; produces flammable, toxic or other hazardous gases; or evolves enough heat to cause autoignition or ignition of combustibles upon exposure to water or moisture.

Hazardous Materials Quantities Requiring Permit

Type of Material Form or Class of Material Permit Required if Amount Exceeds

Flammable and Combustible Liquids

Class I (any liquid with a flash point below 100F/37.8C)

More than 5 gallons Inside; More than 10 gal. Outside

Class II or Class IIIA (any liquid with a flash point between 100F/37.8C and 200F/93C)

More than 25 gal. Inside; More than 60 gal. Outside

Class IIIB (any liquid with a flash point at or above 200F/93C)

Any amount when stored, handled, or used in tanks or portable tanks for fueling motor vehicles at dispensing facilities.

Corrosive Materials Gases 200 cubic ft. Liquids 55 gallons Solids 1000 pounds

Explosive Materials All Any amount Flammable (other than Liquid)

Gases except LPG 200 cubic ft. Solids 100 pounds

Highly Toxic Materials All Any amount

Oxidizers

Gases (includes oxygen) 504 cubic ft. Liquid Class 4 Any amount Liquid Class 3 1 gallon Liquid Class 2 10 gal. Liquid Class 1 55 gal. Solid Class 4 Any amount Solid Class 3 10 pounds Solid Class 2 100 lbs. Solid Class 1 500 lbs.

Organic Peroxides

Liquid or Solid Class I or II Any amount Liquid Class III 1 gallon Liquid Class IV 2 gal. Solid Class III 10 pounds Solid Class IV 20 lbs. Liquid or Solid Class V No permit required


Hazardous Materials Quantities Requiring Permit (cont’d)

Type of Material Form or Class of Material More Than (Amount) Permit Required

Pyrophoric Materials All Any amount

Toxic Materials Gases Any amount Liquids 10 gallons Solids 100 gallons

Unstable (reactive) Materials

Liquids or Solids Class 3 or 4 Any amount Liquid Class 2 5 gallons Liquid Class 1 10 gal. Solid Class 2 50 pounds Solid Class 1 100 lbs.

Water-reactive Materials

Liquid or Solid Class 3 Any amount Liquid Class 2 5 gallons Liquid Class 1 55 gal. Solid Class 2 50 pounds Solid Class 1 500 lbs.

The amounts considered in evaluating the need for a Hazardous Materials Permit shall be aggregate amounts of the material on the property, regardless of amounts within separate containers.


Classes of Materials

Within the Fire Code, most groups of hazardous materials are separated into different sub-classes based on the relative severity of the hazard. This section highlights the definitions of these classes to aid in properly classifying the materials.

FLAMMABLE LIQUIDS

Class IA Liquids having a flash point below 73°F (23°C) and having a boiling point below 100°F (38°C).

Class IB Liquids having a flash point below 73°F (23°C) and having a boiling point at or above 100°F (38°C).

Class IC Liquids having a flash point at or above 73°F (23°C) and below 100°F (38°C).

COMBUSTIBLE LIQUIDS

Class II Liquids having a closed cup flash point at or above 100oF (38oC) and below 140oF (60oC).

Class IIIA Liquids having a closed cup flash point at or above 140oF (60oC) and below 200oF (93oC).

Class IIIB Liquids having closed cup flash points at or above 200oF (93oC).

OXIDIZERS

Class 4

An oxidizer that can undergo an explosive reaction due to contamination or exposure to thermal or physical shock and that causes a severe increase in the burning rate of

combustible materials with which it comes into contact. Additionally, the oxidizer causes a severe increase in the burning rate and can cause spontaneous ignition of

combustibles.

Class 3 An oxidizer that causes a severe increase in the burning rate of combustible materials with which it comes into contact.

Class 2 An oxidizer that will cause a moderate increase in the burning rate of combustible materials with which it comes into contact.

Class 1 An oxidizer that does not moderately increase the burning rate of combustible materials.


ORGANIC PEROXIDES

Class I Describes those formulations that are capable of deflagration but not detonation.

Class II Describes those formulations that burn very rapidly and that pose a moderate reactivity hazard.

Class III Describes those formulations that burn rapidly and that pose a moderate reactivity hazard.

Class IV Describes those formulations that burn in the same manner as ordinary combustibles and that pose a minimal reactivity hazard.

Class V Describes those formulations that burn with less intensity than ordinary combustibles or do not sustain combustion and that pose no reactivity hazard.

UNSTABLE (REACTIVE) MATERIALS

Class 4

Materials that in themselves are readily capable of detonation or explosive decomposition or explosive reaction at normal temperatures and pressures. This class

includes materials that are sensitive to mechanical or localized thermal shock at normal temperatures and pressures.

Class 3

Materials that in themselves are capable of detonation or of explosive decomposition or explosive reaction but which require a strong initiating source or which must be heated under confinement before initiation. This class includes materials that are sensitive to thermal or mechanical shock at elevated temperatures and pressures.

Class 2

Materials that in themselves are normally unstable and readily undergo violent chemical change but do not detonate. This class includes materials that can undergo chemical change with rapid release of energy at normal temperatures and pressures,

and that can undergo violent chemical change at elevated temperatures and pressures.

Class 1 Materials that in themselves are normally stable but which can become unstable at elevated temperatures and pressures.

WATER-REACTIVE MATERIALS

Class 3 Materials that react explosively with water without requiring heat or confinement.

Class 2 Materials that react violently with water or have the ability to boil water. Materials that produce flammable, toxic or other hazardous gases, or evolve

enough heat to cause autoignition of combustibles upon exposure to water or moisture.

Class 1 Materials that react with water with some release of energy, but not violently.


How to Identify, Classify and Report Hazardous Materials

Not all chemicals that you use are hazardous and not all chemicals that are labeled as hazardous will necessarily meet the requirements to be considered hazardous by the North Carolina Fire Code. To determine what materials in your facility are hazardous, you’ll need to review the information in the SDS for the material and then compare that information with the definitions and classifications that are in this guide. In this section, we will look at a couple of example materials and identify where the pertinent information can be found in SDS and how to interpret the information.

Most SDS sheets have 16 sections of information. While all of these sections are important, we will not need all of them to identify, classify and report the hazardous materials within your facility. Below is a list of the 16 most common sections of information within an SDS, any in bold text are sections we will commonly use in this process.

1. Product and Company Identification 2. Hazards Identification 3. Composition/Information on Ingredients 4. First Aid Measures 5. Fire Fighting Measures 6. Accidental Release Measures 7. Handling and Storage 8. Exposure Controls/Personal Protection 9. Physical and Chemical Properties 10. Chemical Stability and Reactivity Information 11. Toxicological Information 12. Ecological Information 13. Disposal Considerations 14. Transportation Information 15. Regulatory Information 16. Other Information

Sometimes the order of these sections will be slightly different, and sometimes the information can be found in different sections.


Example 1: Gasoline

Gasoline is one of the most common hazardous materials. The primary hazard with gasoline is flammability. Let’s look at the SDS provided for gasoline by the Hess Corporation and see what information is relevant to us for the hazardous materials permit.

Section 1:

The information at the heading and in Section 1 helps us make sure we have information for the correct chemical, from the correct manufacturer.

Section 3:

Section 3 includes identifying information of all the components that can or will be found within a chemical. Many chemicals are mixtures of several individual materials. The CAS #, component name and percentage are necessary for parts of the HMIS.


Section 9:

The information in section 9 will help us identify the physical state of the material under normal conditions, i.e. solid, liquid or gas, and also contains information to help us classify flammable or combustible liquids. The boiling point and flash point are the criteria by which flammable or combustible liquids are classified. Compare these points of information with the definitions and classification tables to determine what the NCFC Hazard Classification is. Gasoline has a flash point below 73oF and a boiling point below 100oF, so it should be classified as a Class IA Flammable Liquid.

Section 10:

This section helps us identify unstable (reactive) and water-reactive materials. Gasoline is stable and won’t violently react with other materials, but if it were not, the highlighted sections would state how unstable the material is and what it would react with.


Section 11:

Section 11 contains the information necessary to determine if a material is Toxic or Highly Toxic. This section contains a substantial amount of information for a number of different factors and has this information for every component material that may be found in the chemical. The information we need is the LD50 and LC50 values, or in simple terms, the amounts of the chemical that cause a harmful effect. While the LD50/LC50 values will be provided for all the components of the chemical, we only need to focus on the entire chemical mixture, highlighted in the picture above.

The values in Section 11 for gasoline are well outside the range to be considered Toxic for the purposes of the fire code. The lethal oral dose is 14,000 mg/kg and would have to be less than 500 mg/kg to be considered Toxic. Smaller amounts are more significant because it means a small amount of material will cause illness or death. Since we already know that the flammability of gasoline is the primary hazard, we do not need to consider this information in this instance.

Section 16:

This section is intended for miscellaneous information that doesn’t fit in the other categories. It is here that we will usually find the NFPA 704 values to enter in the HMIS, sometimes we may find it in Section 2. Some SDS will have an example of the 704 label or sign, others might only have the text values.


Example 2: Phosgene

Phosgene gas is one of the most highly toxic chemicals known to exist, let’s take a look at the SDS for Phosgene and see how we should classify it.

Section 1:

Section 2:

On this sheet, the toxicity information is in this section instead of a separate one. We see that the LC50 is 3 ppm, the definition of a highly toxic material states any with an LC50 of 200 ppm or less. This material is well within the definition of highly toxic.


Section 9:

Phosgene is not flammable, so no flash point exists for this material.

Section 10:

Phosgene is stable and minimally reactive when combined with certain materials.

Section 16:

This SDS did not provide NFPA 704 information, but an SDS from another company shows the values we can use.


Thank you for taking the time to review the Hazardous Materials Permit Guide, we hope the information provided here will aid you in understanding and completing the Hazardous Materials Permit process. If you have any questions, please contact the Fire Marshal’s Office at 980-314-3070 or [email protected] and ask to speak with your district fire marshal.

References 1. North Carolina State Building Code: Fire Prevention Code, 2018 Edition

a. Section 105.6.8 b. Section 105.6.14 c. Section 105.6.16 d. Table 105.6.20 e. Chapter 2 f. Chapter 50

2. NFPA 30 Flammable and Combustible Liquids Code, 2012 Edition

3. SDS No. 9950 – Gasoline – All Grades, Hess Corporation, 2012

4. MSDS# E-441-J – Phosgene, Praxair Canada, 2016

5. “The 9 Classes of Dangerous Goods”, Dangerous Goods International;

http://www.dgiglobal.com/classes#sol

6. “List of Highly Hazardous Chemicals, Toxics and Reactives (Mandatory)”, United States Occupational Safety and Health Administration; https://www.osha.gov/pls/oshaweb/owadisp.show_document?p_id=10647&p_table=STANDARDS

7. OSHA Standard 1910, Subpart Z, 1200, United States Occupational Safety and Health Administration; https://www.osha.gov/laws-regs/regulations/standardnumber/1910/1910.1200

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Mecklenburg County Hazardous Materials Permit Guide · Mecklenburg County Hazardous Materials Permit Guide 2019 Introduction . This guide has been created to assist business owners