CITY AND COUNTY OF DENVER Department of Safety Fire Department Fire Prevention Division P.O. Box 40385 Denver, CO 80204 p: 720.913.3474 f: 720.913.3587

April 29, 2011

MEMORANDUM TO:

All Firms Required to Submit Hazardous Materials Inventory Statements (HMIS)

FROM:

Joseph L. Gonzales, Division Chief Department of Safety - Fire Prevention

SUBJECT:

HAZARDOUS MATERIALS REPORTING AND PERMITS IN DENVER

The purpose of this memorandum is to clarify the Denver Fire Department’s enforcement of hazardous materials reporting requirements. Legal Requirements The Denver Fire Department’s HMIS program incorporates reporting requirements from: x Title III of SARA, the Superfund Amendments and Reauthorization Act, which deals with hazardous materials x EPCRA (Emergency Response Planning and Community Right-to-Know Act). x The City and County of Denver’s requirements for hazardous materials operational permits, Denver Fire Code Section 105.6.63. The permit process provides the Denver Fire Department with information on what, where, how, and when specific hazards are being installed, manufactured, stored, and/or used within the city, and allows us to meet the Sara Title III reporting requirements. The Denver Fire Department’s program is further supported by proposed legislation currently before the U.S. Senate, the Safe Chemical Act of 2011, which requires, among other things, that all hazard potential of any chemical must be divulged for first responders and the community to quickly determine risks and assess health and environmental concerns. SARA Title III, signed into law by President Ronald Reagan on October 17, 1986, has a farreaching impact on industry, city and state governments, and the community, as each of these entities is required to participate in the planning process and the right-to-know provisions. SARA Title III is purposely vague on the exact method of implementation of required activities in order to allow for local adaptation to particular circumstances. This unfunded mandate is not given specific program guidelines, but in Denver the 1986 SARA Title III mandate was approved to merge with the fire operational permits program that has been in effect since the 1960s. Over the years, this has caused misunderstanding and confusion; hence, the present memorandum and other communications over the years.

Hazardous Materials Reporting April 29, 2011 Page 2 DFD’s Hazardous Materials Program The Denver Fire Department operates a comprehensive hazardous materials environmental protection program through issuing Hazardous Materials Permits and conducting Fire Safety Inspections. The permit program includes gathering information on site-specific hazardous chemicals for police departments, hospitals, health organizations, the State of Colorado and the community we serve. This information allows emergency response pre-planning and analysis of hazards for the purpose of protecting the public in the event of a release of a hazardous chemical into the environment. The Fire Department provides training for all employees and first responders who are exposed or may become exposed to the release of hazardous chemicals. The release of hazardous chemical(s) into the environment may have either a short-term or longterm impact on the community, depending upon the chemical(s) involved, the complete property hazard categories of the chemicals(s), and the anticipated reactions of the chemical(s). Denver Fire Code section 105.6.63 requires an operational permit to manufacture, store, transport, dispense, use or handle hazardous materials in excess of the amounts listed in Table 105.6.63. Hazardous materials are those chemicals or substances defined as such in the Denver Fire Code. Mixtures shall be classified in accordance with hazards of the mixture as a whole. Mixtures of hazardous materials shall be classified in accordance with nationally recognized reference standards by an approved, qualified organization (e.g., Chemical Manufacturers Association), by Material Safety Data Sheets (MSDS), or by other approved method. Hazardous materials shall be classified according to hazard categories. The material categories include physical and health hazards. In cases where a material has multiple hazards, all hazards shall be addressed and shall be listed in the Hazardous Materials Inventory Statement (HMIS) submitted and a permit must be obtained for each hazard category. There shall be no exceptions. If a particular hazardous material has multiple hazards inherent to its make-up, (i.e. gasoline is considered to be a Class 1B flammable liquid, carcinogen and an irritant) all properties of any given hazardous material must be disclosed in the HMIS. Per Section 2701.5.2.1 of the Denver Fire Code Amendments, “The fire code official is authorized to require HMIS submittals to be prepared by a qualified individual or firm acceptable to the fire code official in accordance with Section 104.7.2.” If upon inspection of any given facility it is determined that there has been significant errors or omissions in the preparing and submittal of an HMIS, the Denver Fire Department reserves the right to mandate that the business hire a “qualified individual or firm” to assist them with the preparation and re-submittal of their HMIS. Your sincere consideration and cooperation are requested in ensuring that all hazard categories are included for each chemical/material listed on your firm’s HMIS. Thank you.