Chapter 08 — Hazardous Materials

This chapter establishes the standards and regulations for hazardous wastes and materials transportation, storage, treatment and disposal in American Samoa. The goal of these standards is to prevent pollution and protect the public health and safety and the environment by regulat…

Pursuant to 24.0101 et seq. ASCA, the executive secretary shall have the authority to manage all hazardous wastes and hazardous materials generated, transported, stored or disposed of within this territory, and may prohibit such generation, transportation, storage or disposal if …

Any person who imports, handles, uses, transports, generates, stores or disposes of a hazardous substance, as defined in section 24.0804, must comply with the standards set forth in this chapter. History: Rule 02-01, eff 30 Aug 01.

As used in this chapter: (1) “Acutely hazardous waste” means the hazardous wastes identified in Appendix A of these standards and regulations, which are appended hereto and incorporated by reference herein. In addition, those toxic substances set forth at 40 CFR 261.33(f) shall a…

(a) Any document or portion thereof incorporated by reference in this chapter is included in this part as though it were printed in full. When only a portion of a document is referenced, this chapter incorporates only that referenced portion of the document and the remainder is n…

Except as specifically provided herein, enforcement of the regulations set forth in this chapter shall be in accordance with the applicable provisions of the territorial Environment Quality, 24.0101 et seq. ASCA. History: Rule 02-01, eff 30 Aug 01.

If any provisions of these regulations or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect other provisions or application of any other part of these regulations which can be given effect without the invalid provisions …

(a) Introduction. (1) For all hazardous materials imported or otherwise introduced for use in this territory, the executive secretary shall manage, and have the discretion to prohibit, the procurement, use, storage or transportation of all materials that, because of their hazardo…

(a) All persons who are involved with the handling, treatment, storage, or cleanup of hazardous or toxic wastes, pesticides, or hazardous substances as discussed in these standards and regulations shall have the level of knowledge required to perform their tasks safely and in a w…

(a) Before hazardous materials are imported, the designated recipient shall develop a written management procedure outlining storage, use, transportation and disposal practices that minimize risks to public health and safety and the environment. Such management plan shall include…

(a) Transport of hazardous materials to, from, and within this territory shall be conducted under USDOT regulations (49 CFR 172), including regulations for using labels (Subpart E), placards (Subpart F), markings (Subpart D) and containers (49 CFR 178, Subpart J). (b) Hazardous m…

(a) Compressed gases shall be classified and identified as hazardous materials and shall be transported in compliance with the requirements of USDOT regulations set forth in 49 CFR parts 170-179, which are hereby incorporated by reference. (b) Pesticides. Unused pesticides, disca…

Before being distributed or used, all imported hazardous materials shall be stored in a way that will protect against the unintentional release of the materials to the environment. Where storage is defined as 10% of the reportable quantity or 55 gallons or greater, protective mea…

(a) Hazardous materials (1) Hazardous materials shall be segregated in an environmentally controlled building in accordance with NFPA specifications or with charts and literature on chemical compatibility. Segregation considerations shall include, at a minimum, categories for fla…

(a) Compressed gas and compressed gas cylinders. Compressed gas shall be classified as a hazardous material and shall be stored in accordance with the general requirements of subsection (a) of this section and the requirements in subsection (b) of this section for storing hazardo…

(a) General requirements. (1) All materials imported to American Samoa shall be used only for the purposes for which they were imported and in accordance with the specific use instructions for the substance. (2) Persons using hazardous materials shall be trained in the proper use…

In the event of a discharge, spill or release of any hazardous substance, including hazardous waste, from any facility where hazardous substances are disposed, kept for use, or stored, the owner or operator of such facility shall be responsible for the clean-up and remediation of…

(a) Before engaging in any of the activities regulated in Part II of these standards and regulations, generators, transporters and owners or operators of storage and disposal facilities shall develop both a written waste management plan and emergency response plan to minimize the…

(a) A person who generates a solid waste, as defined in this chapter, must determine if that waste is a hazardous waste using the following method: (1) First, determine whether the waste is excluded from regulation according to the method set forth in 40 CFR 261.4, which is hereb…

(a) A generator who transports, or offers for transportation, hazardous waste for off-site treatment, storage, or disposal must prepare a “Uniform Hazardous Waste Manifest” on USEPA form 8700-22 (Appendix B-1), and, if necessary, on USEPA form 8700-22A (Appendix B-2), according t…

(a) Packaging. Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator must package the waste in accordance with the applicable United States Department of Transportation (USDOT) regulations on packaging under 49 CFR parts 173, 178…

(a) A generator must keep a copy of each manifest signed in accordance with section 24.0822 or three years or until he receives a signed copy from the designated facility which received the waste. This signed copy must be retained as a record for at least three years from the dat…

The export of hazardous wastes by a generator shall be allowed in accordance with the requirements of 40 CFR part 262 subpart E, which are hereby incorporated by reference in these standards and regulations. History: Rule 02-01, eff 30 Aug 01.

A farmer disposing of waste pesticides from his own use which are hazardous wastes is not required to comply with the standards in this chapter, provided that he triple rinses each emptied pesticide container and otherwise complies with the provisions of 24.0601 et seq. ASAC. His…

(a) The regulations in this subpart establish standards that apply to persons transporting hazardous waste within this territory, is such transportation requires use of a manifest. Persons transporting hazardous waste out of this territory or between this territory and the United…

(a) A transporter may not accept hazardous waste from a generator unless it is accompanied by a manifest signed in accordance with the provisions of 24.0822. (b) Before transporting the hazardous waste, the transporter must sign and date the manifest acknowledging acceptance of t…

(a) The transporter must deliver the entire quantity of the hazardous waste that he has accepted from a generator or another transporter to: (1) the designated facility listed on the manifest; or (2) the alternate designated facility if the hazardous waste cannot be delivered to …

A transporter of hazardous waste must keep a copy of the manifest signed by the generator, himself, and the next designated transporter or the owner or operator of the designated facility for a period of three years from the date the hazardous waste was accepted by the initial tr…

(a) In the event of a discharge of hazardous waste during transportation, the transporter shall take appropriate immediate action to protect human health and the environment, e.g., notify the local response authorities and dike off the discharge area. (b) An air, highway or water…

(a) An owner or operator of a facility which receives hazardous waste for treatment, disposal, or storage for periods in excess of thirty (30) days shall register with the Administrator of the USEPA and comply with the requirements set forth in 40 CFR part 264, which are hereby i…

(a) Except as provided in subsections (b), (c) and (d) of this section, land disposal of hazardous wastes is prohibited in this territory. (b) Small quantities of non-acute hazardous wastes not to exceed 100 Kg may be land-disposed with the express, written permission of the exec…

(a) A hazardous waste identified in 40 CFR 268.41 may be land disposed in accordance with 24.0841 if an extract from the waste or treatment residue developed using the test method provided by 40 CFR part 61 appendix II does not exceed the value shown in Table CCWE of 40 CFR 268.4…

As used in this Part: (1) “Class location” means, for onshore pipelines, the geographic area that extends 220 yards on either side of the centerline of any continuous ¼ mile length of pipeline. The class location designations referred to in this part shall be those set forth in 4…

(a) This Part prescribes minimum safety requirements for pipeline facilities and the transportation by pipeline of natural gas, liquefied natural gas, and hazardous liquids inside the territorial limits of American Samoa. (b) No person may operate a pipeline facility, segment of …

(a) As further provided in this section, materials used for pipe and components must be: (1) able to maintain the structural integrity of the pipeline under temperature and other environmental conditions that may be anticipated. (2) chemically compatible with any gas or liquid th…

(a) Each component of a pipeline must be able to withstand operating pressures and other anticipated loadings without impairment of its serviceability with unit stresses equivalent to those allowed for comparable materials in pipe in the same location and kind of service. However…

(a) Welding (1) Steel welding must be performed by a qualified welder in accordance with welding procedures qualified to produce welds meeting the requirements of 49 CFR 192 Subpart E. The quality of the test welds used to qualify the procedure shall be determined by destructive …

(a) Inspection. Each transmission line or main must be inspected to ensure that it is conducted in accordance with this section, and each component must be inspected to insure that it has not sustained any damage that could impair its serviceability. (b) Repair. Upon inspection a…

(a) Buried or submerged pipelines. (1) Except as provided in paragraphs (2) and (3) of this subsection, each buried or submerged pipeline must be protected against external corrosion using appropriate corrosion control methods, including the following: (A) It must have an externa…

(a) General. (1) Corrosive gas may not be transferred by pipeline, unless the corrosive effect of the gas on the pipeline has been investigated and steps have been taken to minimize internal corrosion. (2) Whenever any pipe is removed from a pipeline for any reason, the internal …

(a) For pipelines installed after 1971, each above-ground pipeline or portion of a pipeline that is exposed to the atmosphere must be cleaned or coated or jacketed with a material suitable for the prevention of atmospheric corrosion. An operator need not comply with this paragrap…

Each operator of a segment of pipeline shall take, as applicable; the remedial measures required under 49 CFR 192.483 through 192.489, inclusive, which are hereby incorporated by reference in this chapter. History: Rule 02-01, eff 30 Aug 01.

(a) Each operator shall maintain records or maps to show the location of cathodically protected piping, cathodic protection facilities, galvanic anodes, and neighboring structures bonded to the cathodic protection system. Records or maps showing a stated number of anodes, install…

(a) No person may operate a new segment or pipeline, or return to service a segment of pipeline that has been relocated or replaced, until: (1) It has been tested in accordance with these standards and regulations to substantiate the maximum allowable operating pressure; and (2) …

(a) Steel pipelines to operate at 30 percent or more of SMYS. (1) Except for service lines, each segment of a steel pipeline that is to operate at a hoop stress of 30 percent or more SMYS must be strength tested in accordance with this subsection to substantiate the proposed maxi…

No operator may increase the maximum allowable operating pressures for a pipeline without complying with the regulations set forth in 49 CFR 192.553 through 192.557, inclusive, which are hereby incorporated by reference in this chapter. History: Rule 02-01, eff 30 Aug 01.

(a) No person may operate a segment of pipeline unless it is operated in accordance with this section and sections 24.0881 through 24.0883. (b) Each operator shall keep records necessary to administer the procedures established under 24.0882. (c) The commission may require the op…

(a) Each operator shall prepare and follow for each pipeline a manual of written procedures for conducting operations and maintenance activities and for emergency response. For transmission lines, the manual must also include procedures for handling abnormal operations. This manu…

(a) Change is class location—required study. When an increase in population density indicates a change in class location for a segment of an existing steel pipeline operating at a hoop stress that is greater than 40 percent of SMYS, or indicates that the hoop stress corresponding…

(a) Continuing surveillance. (1) Each operator shall have a procedure for continuing surveillance of its facilities to determine and take appropriate action concerning changes in class location, failures, leakage, corrosion, substantial changes in cathodic protection requirements…