Section 675 IAC 22-2.5-30 - Chapter 50; hazardous materials-general provisionsAuthority: IC 22-13-2-2
Affected: IC 22-12-7; IC 22-13; IC 22-14; IC 36-8-17
Sec. 30.
Chapter 50 is amended as follows:
(a) Amend Section 5001.1, by adding a new Exception 12 to read as follows: Exception 12. Laboratory use of hazardous chemicals provided a Chemical Hygiene Plan as defined in Section 5002 of the code has been implemented at the facility.(b) Amend Section 5001.2.1 to delete the text and insert as follows: Mixtures shall be classified in accordance with the hazards of the mixture as a whole. Mixtures of hazardous materials shall be classified in accordance with nationally recognized standards, by a recognized organization or Material Safety Data Sheet (MSDS). Classification of mixtures may also be done by a registered professional engineer.(c) Amend Section 5001.3 to delete the text and insert to read as follows: See 675 IAC 12-6-11.(d) Delete Section 5001.5 without substitution.(e) Amend Section 5001.5.1 to delete the text and insert the following: Regulation by the Emergency Planning and Community Right to Know Act (EPCRA) as set forth at 42 U.S.C. 11001, et seq. constitutes compliance with Section 5001.4.1. For hazardous materials used, stored, dispensed, or handled in excess of quantities listed in TABLES 5003.1.1, an owner or operator of a facility not regulated by the Federal Emergency Planning and Community Right to Know Act shall notify the servicing fire department in writing and shall, when asked, allow the fire department to conduct an on-site health hazardous materials inspection of the facility and to provide the fire department specific location information on those hazardous materials.(f) Amend Section 5001.5.2 to delete the text and insert the following: This section does not apply to facilities regulated under the Emergency Planning and Community Right to Know Act (EPCRA) as set forth at 42 U.S.C. 11001, et seq. For hazardous materials used, stored, dispensed, or handled in excess of the quantities listed in TABLES 5003.1.1, an owner or operator of a facility not regulated by the Federal Emergency Planning and Community Right to Know Act shall notify the servicing fire department in writing and shall, when asked, allow the fire department to conduct on on-site health hazardous materials inspection of the facility and provide to the fire department specific location information on those hazardous materials.(g) Amend Section 5001.6.1 to delete "maintain a permit and" without substitution.(h) Amend Section 5001.6.2 as follows: (1) In the first sentence, delete "permit" and insert "hazardous materials management plan" and delete "an approved manner" and insert "accordance with Section 5001.5.1".(2) Delete the second and third sentences without substitution. (i) Amend Section 5001.6.3 to delete the text and insert to read as follows: The owner or operator shall submit a plan to the servicing fire department to terminate storage, dispensing, handling, or use of hazardous materials at least thirty (30) days prior to facility closure. The plan shall demonstrate that hazardous materials which were stored, dispensed, handled, or used in the facility have been transported, disposed of, or reused in a manner that eliminates the need for further maintenance and any threat to public health and safety.(j) Amend Section 5002.1 to add the following definition: LABORATORY means a facility where the laboratory use of hazardous chemicals occurs. It is a facility where relatively small quantities of hazardous chemicals are used on a nonproduction basis.(k) Amend Section 5003.1 to add an exception to read as follows: Exception. Portable medical gas cylinders containing cryogenic oxidizing or oxidizing gas in use by patients or on equipment used for patient transportation are exempt from this section.(l) Amend Section 5003.2.6.1.1 to delete "be tested in an approved manner" and insert "not be defective and shall be compatible with the liquid to be stored".(m) Amend Section 5003.3.1 to delete the text and insert to read as follows: Any unplanned sudden or nonsudden release into the environment of a listed hazardous substance that exceeds in any 24-hour period the reportable quantity for that substance, as identified in TABLE 302.5 of 40 CFR 302 and 40 CFR 355 Appendix A (July 1, 1997), and either causes a fire or explosion hazard or both, such as one that threatens contiguous property or the general public or causes an injury requiring emergency medical treatment, must be immediately reported to the servicing fire department.(n) Amend Section 5003.3.1.1 to delete the text and insert to read as follows: Records of the unauthorized discharge of hazardous materials shall be provided by the owner or the operator. (o) Amend Table 5003.1.1(1) as follows:(1) Add a superscript "r" next to "Cryogenic Oxidizing and Oxidizing Gas" in the "Material" column.(2) Add a footnote r to read as follows: r. I-2 occupancies shall be permitted to contain the following quantities:
1. 300 cu. ft. or less per smoke compartment may be stored without an enclosure if associated with patient care areas. (See Section 407.5 of the Indiana Building Code, for smoke compartment requirements.)2. 3,000 cu. ft. or less per room may be stored in rooms separated from adjacent spaces by smoke partitions complying with Section 710 of the Indiana Building Code.3. 20,000 cu. ft. or less per room may be stored in rooms separated from adjacent spaces by 1-hour fire barriers complying with Section 706 of the Indiana Building Code.4. Regardless of quantities, rooms containing manifolds shall be separated from adjacent spaces by 1-hour fire barriers complying with Section 706 of the Indiana Building Code.5. Regardless of quantities, rooms used for liquid oxygen transfer shall be separated from adjacent spaces by 1hour fire barriers complying with Section 706 of the Indiana Building Code. (p) Amend Table 5003.1.1(3) as follows: In the row entitled "Unstable (reactive)", in the column entitled "STORAGE - Solid pounds (cubic feet)", in the row listing for Class 2, delete "2000" and insert "200". (q)Amend Table 5003.1.1(4) as follows: (1) In the column entitled STORAGE, in the third sub-column header, "Gas cubic feet at NTP, delete "gallons" and insert "pounds".(2) In the column entitled USE-CLOSED SYSTEMS, in the third sub-column header, "Gas cubic feet at NTP", delete "gallons" and insert "pounds".(r) Amend Section 5003.3.1.4 to delete the title and text and insert to read as follows: Responsibility for control and mitigation. The person, firm, or corporation responsible for an unplanned sudden or nonsudden release shall institute and complete all actions necessary to remedy the effects of such unplanned release at no cost to the servicing fire department. Control and mitigation may be initiated by the fire department or by an authorized individual or firm. Costs associated with such control or mitigation shall be borne by the owner, operator, or other person responsible for the release.(s) Amend Section 5003.4 to delete the text and insert the following: 5003.4 Material Safety Data Sheets (MSDS) for applicable hazardous materials shall be kept in a location which is acceptable to both the facility operator and the servicing fire department.(t) Amend Table 5003.8.3.2 by adding footnote c as follows: c. This Table shall not apply to the storage or use of Oxidizing Cryogenics, Oxidizing Gases and Liquefied Oxidizing Gases in I-2 occupancies.(u) Amend Section 5003.8.7.1 to delete "either be listed in accordance with UL 1275 as suitable for the intended storage or constructed in accordance with the following" in the last sentence and insert to read as follows: be one of the following: 1. listed in accordance with UL 1275 as suitable for the intended storage2. approved by the code official 3. in compliance with the rules of the Commission or its predecessor agencies in effect at the time that the materials, including quantities and their location, were first stored, or 4. constructed in accordance with the following:(v) Amend Section 5003.9.8, delete the text and insert to read as follows: Materials need not be considered as incompatible if, based on an engineering assessment, the results of potential mixing are deemed as non-consequential to personnel safety and result in no deleterious effect. Incompatible materials which ultimately need to be combined as part of a unit operation of chemical process need not be separated.(w) Amend Section 5004.2.2.3 to delete the second sentence and insert to read as follows: The containment capacity shall be designed to contain the flow based on calculated hydraulic design density of the sprinkler system for a period of 20 minutes.(x) Amend Section 5004.3.1 to delete item #4 without substitution.(y) Amend Section 5004.10 to add an exception to read as follows: Exception: A facility that is provided with a watchman service and is provided with an audible fire alarm system that can be heard by the watchman in all areas of the facility. Filed 8/1/2014, 11:01 a.m.: 20140827-IR-675130341FRA, eff 12/1/2014; Errata filed 11/19/2014, 3:00 p.m.: 20141217-IR-675140471ACAReadopted filed 8/6/2020, 2:04 p.m.: 20200902-IR-675200309RFA