American Samoa Administrative Code

The following standards are applicable to new above ground storage tanks and attached piping installed after the effective date of these regulations. New tanks must be: (1) equipped with the means to detect and prevent the overfilling of the tank before any discharge can occur; a…

(a) Owners and operators of new and existing UST systems must provide a method, or combination of methods, of release detection that: (1) Can detect a release from any portion of the tank and the connected underground that routinely contains product. (2) Is installed, calibrated,…

Owners and operators of petroleum UST systems must provide release detection for tanks and piping as follows: (1) Tanks. Tanks must be monitored at least every 30 days for releases using one of the methods listed in 24.0742(4) through (8) except that: (A) UST systems that meet th…

Each method of release detection for tanks used to meet the requirements of 24.0741 must be conducted in accordance with the following: (1) Inventory control. Product inventory control (or another test of equivalent performance) must be conducted monthly basis in the following ma…

Each method of release detection for piping used to meet the requirements of 24.0741 must be conducted in accordance with the following: (1) Automatic line leak detectors. Methods which alert the operator to the presence of a leak by restricting or shutting off the flow of regula…

All UST owners and operators must maintain records in accordance with 24.0724 demonstrating compliance with all applicable requirements of this subchapter. These records must include the following : (1) All written performance claims pertaining to any release detection system use…

Owners and operators of UST systems must report to the implementing agency within 24 hours, or another reasonable time period specified by the implementing agency, and follow the procedures in this subchapter for any of the following conditions: (1) The discovery by owners and op…

The owners and operators of all underground and above ground storage tanks are responsible for the costs of monitoring for releases, clean up and proper disposal of any soil or water contaminated by releases, tank repair and/or replacement, compensation of third parties for bodil…

Any tank removed from service prior to the effective date of these rules or any tank to be removed from service for more than 12 months shall be permanently closed. Permanent closure includes: (1) At least 30 days before beginning either permanent closure or a change-in-service u…

(a) When a UST system is temporarily closed, owners and operators must continue operation and maintenance of corrosion protection in accordance with 24.0721, and any release detection in accordance with Subchapter E. Subchapter F must be complied with if a release is suspected or…

(a) Before permanent closure or a change-in-services is completed, owners and operators must measure for the presence of a release where contamination is most likely to be present at the UST site. In the selecting sample types, sample locations, and measurement methods, owners an…

Owners and operators must maintain records in accordance with 24.0724 that are capable of demonstrating compliance with closure requirements under this section. The results of the excavation zone assessment required in 24.0772 must be maintain for at least 3 years after completio…

(a) Content of Compliance Certificates (1) A compliance certificates includes one decal as described in (2) of this section, one file copy of the decal as described in (3) of this section, and one tag for each tank storing petroleum as described in (4) of this section. (2) A deca…

Enforcement of this chapter shall be in accordance with the applicable provisions of the territorial Environmental Quality Act, 24.0101 et seq. ASCA. History: Rule 3-01, eff 30 Aug 01.

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…