Emergency Planning and Community RighttoKnow Act Erika White

Emergency Planning and Community Right-to-Know Act Erika White September 11, 2014

EPCRA History � 1984: Methyl isocyanate release at Union Carbide in Bhopal, India - 2, 000 immediate fatalities � 1985: Methylene chloride and aldicarb oxime release at Union Carbide facility in Institute, West Virginia – 100 people hospitalized

Emergency Planning and Community Right-To-Know Act � 1980: CERCLA aka Superfund � 1986: SARA o SARA Title III – (EPCRA) o “Establishes requirements for federal, state and local governments, Tribal lands and industry regarding emergency planning and ‘community right to know’ reporting on hazardous and toxic chemicals. ”

EPCRA Emergency Planning and Notification Reporting General Provisions Governmental Authorities [Section 301, 303] MSDS Submission [Section 311] Trade Secrets [Section 322] Emergency Planning Notification [Section 302] Emergency and Hazardous Chemical Inventory [Section 312] Public Availability [Section 324] Facility Emergency Coordinator Identification [Section 303] Emergency Release Notification [Section 304] Toxic Chemical Release Inventory [Section 313] Enforcement [Section 325] Citizen Suits [Section 326]

Emergency Planning � Local Emergency Planning Committee (LEPC) � State Emergency Response Commission (SERC) � Emergency Response Plans ◦ Emergency response procedures ◦ Community and facility coordinator ◦ Emergency notification procedures ◦ Local emergency equipment ◦ Evacuation plans � Emergency Planning Requirements ◦ Extremely Hazardous Substance (EHS) ◦ Threshold Planning Quantity (TPQ)

Release Reporting � Release of hazardous substances over a reportable quantity (RQ) in 24 hours � Telephone notification within 15 minutes to NRC, SERC and LEPC � Written follow-up notice within 30 days to SERC and LEPC

Release Reporting Chemicals Regulated chemicals and RQs: CERCLA HS: 40 CFR 302. 4 EPCRA EHS: 40 CFR 355 Appendix A & B CERCLA § 103 CERCLA HS (~724) EPCRA EHS (~360) EPCRA § 304 OSHA HC ~500, 000

Where did my release occur? OFF-SITE ON-SITE FACILITY Property Boundary

ON-SITE Release contained with property boundaries EHS YE S NO EHS only No formal notification required EHS / CERCLA Formal notification required only to NRC CERCLA only Formal notification required only to NRC

OFF-SITE Release crosses property boundaries EHS YE S NO EHS only EHS / CERCLA only Immediate notification and follow-up report to SERC and LEPC Immediate notification to SERC, LEPC and NRC; Followup report to SERC and LEPC

Hazardous Chemical Storage Reporting Section 311 - Material Safety Data Sheets (MSDSs) or list of chemicals and hazards for chemicals above threshold � Thresholds ◦ EHS – 500 lbs, TPQ (whichever is lower) ◦ Non EHS – 10, 000 lbs � Submitted to ◦ SERC ◦ LEPC ◦ Local fire department

Hazardous Chemical Storage Reporting Section 312 – Hazardous chemical inventory form, Tier II report � Tier II report includes ◦ Chemical name ◦ Maximum amount of chemical present at any one time ◦ Manner of storage ◦ Location of chemical � Due March 1, annually

Toxic Release Inventory Section 313 – Annual reporting of toxic chemical releases and waste management activities, Form R / Form A � Thresholds ◦ Manufactured – 25, 000 lbs ◦ Processed – 25, 000 lbs ◦ Otherwise used – 10, 000 lbs � Submitted to ◦ EPA ◦ State � Due July 1, annually

Demystifying EPA Inspections

EPA Inspections are almost always unannounced

All EPA inspectors have had: � Certification training (40 hours) for HAZWOPER, which is the acronym for Hazardous Waste Operations and Emergency Response � And yearly 8 hour refresher training � CPR � First Aid � Inspector Training � Other training as needed

EPA Inspectors come with their own safety equipment

EPA Inspectors will always show you their credentials � Do not try to take them from us (we are not allowed to hand them over to anyone) � Do not ask to copy them � You can look closely (as long as we hold them) � You can ask any question about them

Inspection Process � Introduction � Entrance � Facility Inspection � Records � Exit Interview Review Interview � Follow-up Correspondence

The Inspection (continued) � Introduction Credentials, purpose � Entrance Interview Questions about your business – How long have you been in business? How long at this location? Are there any other locations? How many employees? We also need annual corporate sales. We will also ask for a brief description of your facility’s processes and operations, and what products are manufactured at the facility.

The Inspection (continued) Facility Inspection Physical walk through. We will want to see all your chemical storage sites and know all the capacities of your storage tanks. We will want to see your Extremely Hazardous Substances (EHS) and Hazardous Substances (HS) and where they are stored. Where is your MSDS book?

Records an inspector may ask to review under EPCRA � Proof of notification for all environmental releases of a listed hazardous substance � Emergency Response Plans � Material Safety Data Sheets (MSDS) � Tier II inventory reporting forms � Inventory report (i. e. purchase records, receipts) � Toxics Release Inventory Form Rs ◦ Threshold Calculations ◦ Emissions Calculations ◦ Waste Management Records

The Inspection (continued) � Exit Interview ◦ This is when we make sure we have the paper work we need or you know how to get it to us. We will explain the enforcement process- dependant on case development, no action or Notice of Violation. Q & A. � Hand outs

Post-Inspection � Follow-up Correspondence ◦ Inspection Report and Non-compliance Letter ◦ Enforcement Civil Administrative Actions ◦ Informal �Generally any communication from EPA or a state agency that notifies the regulated entity of a problem. ◦ Formal �May begin with notice of violation or with the issuance of an administrative order (either with or without penalties) to bring about a return to compliance.

Common EPCRA violations � Accidental chemical releases above RQ not reported within 15 minutes � MSDS chemicals not included in the ‘List of Lists’ stored on site above threshold � Sulfuric acid in lead acid batteries not reported on Tier II � Definitions of manufacture, process or otherwise used in TRI reporting � Failing to certify TRI reports

Common EPCRA violations � Fly ash and Portland Cement stored at facilities in quantities over 10, 000 pounds need Tier II reports � ”PET” polyethylene terephthalate - resins should be included in Tier II reports if quantities over 10, 000 pounds

Voluntary Self Disclosures � � Incentives ◦ Significant penalty reductions ◦ No recommendation for criminal prosecution ◦ No routine requests for audit reports would be made Conditions for penalty mitigation ◦ Systematic discovery ◦ Voluntary discovery ◦ Prompt disclosure ◦ Independent discovery and disclosure ◦ Correction and remediation ◦ Prevent recurrence ◦ Repeat violations ◦ Certain types of violations ◦ Cooperation

QUESTIONS?