Introduction to CERCLA 103, EPCRA, and RMP.pdf

Introduction to CERCLA
103, EPCRA, and RMP
Presenters: Steve Mason, Mary Wesling, Jim Belke
Date: Tuesday, February 2
Time: 8:30 – 12:00

Course Objectives
• Overview of CERCLA section 103, EPCRA & RMP
• Understand chemical lists & TQs triggering applicability &
common exemptions
• Learn actions that facilities must take to comply
• In-depth focus on release reporting & emergency response
requirements
• How this information can benefit OSCs, RSCs, and other
response personnel
2

CERCLA section 103 –
Notification Requirements

The Basics: Reporting a Release
CERCLA Reportable
Release
(Hazardous Substance)
EPCRA Reportable Release
(Hazardous Substance or
EHS)
Call NRC
Immediately
(40 CFR §302.6(a))
Call SERC & LEPC
Immediately
(40 CFR §355.40(b)(1))
Newspaper Notice
CERCLA §111(g)
Written Follow-up
Emergency Notice
40 CFR 355.40(b)(3)
4

CERCLA Notification Requirements
• CERCLA §103 and 40 CFR 302.6
oAny person in charge of an … onshore or offshore
facility shall, as soon as he has knowledge of any release
…of a hazardous substance from such … facility in
quantity equal to or exceeding the reportable quantity …
in any 24-hour period, immediately notify the NRC
5

Person in Charge
• Facility decides who is in charge … should not be up to
government
• Normally will be:
ofacility manager
o environmental or safety officer
oSupervisor
• Better not be janitor
6

What is a Facility?
• Under CERCLA, a facility is defined as:
o Any building, structure, installation, equipment, pipe or
pipeline, well, pit, pond, lagoon, impoundment, ditch,
landfill, storage container, motor vehicle, rolling stock, or
aircraft…(§101(9))
7

What is a Release?
• Release means any spilling, leaking, pumping, pouring,
emitting, emptying, discharging, injecting, escaping,
leaching, dumping or disposing into the environment…
• A release directly to
oLand
oAir
oWater
• A release that is
o Wholly enclosed
o Fertilizer Institute
ruling
8

Aggregating Releases
• All releases of same substance from single facility in
any 24 hour period must be aggregated to determine
whether an RQ has been released from facility into
the environment (50 FR 13456, 13459; April 4, 1985)
9

What is a Hazardous Substance ??
• CERCLA establishes list of
“hazardous substances”
o ≈ 800 specific
substances & 1,500
radionuclides
o Identified under other
statutes: CWA, CAA,
TSCA, RCRA
• 40 CFR 302.4 – List of
Hazardous Substances and
Reportable Quantities
10

CERCLA Hazardous Substances: Hazardous Wastes
• Listed wastes
o Dangerous Waste Discarded Chemical Products – P & U
• Specific commercial chemical products in unused form
• Some pesticides & pharmaceutical products
o Nonspecific Source Wastes – F
• Common manufacturing & industrial processes
• Non-specific sources
o Source Specific Wastes – K
• Specific industries
• Certain sludges & wastewaters from treatment &
production processes
• Unlisted/characteristic wastes
o Ignitability (D001), Corrosivity (D002)
o Reactivity (D003), Toxicity (D004 – D043)
11

CERCLA Hazardous Substances:
Hazardous Wastes & the Mixture Rule
• Mixture rule versus RQ for waste listing
o If exact composition of waste stream is known, report
when constituent is released in excess of its RQ
o If exact composition of waste stream is unknown, report
when total quantity released exceeds RQ for waste
stream listing
12

What’s an RQ ??
• For CERCLA substances 5 reportable quantity levels: 1, 10,
100, 1000, 5000 pounds
• No concentration cut-offs
13

Time Period of Release
• Total amount of hazardous substance released within any
24 hour period must be aggregated & compared to RQ
• Immediate notification required once RQ is equaled or
exceeded
• Not 24 hours to report ! ! ! ! ! !
14

How Fast is Immediate ??
• 1 second … 15 minutes … 1 hour … 24 hours … ???
• Congressional intent
15

Continuous Release Reporting
• Reduced reporting for continuous releases of hazardous
substances that exceed RQ
• Occurs without interruption or abatement, or is
• Routine, anticipated & intermittent during normal
operations or treatment processes
• Stable, predictable & regular in amount & rate of
emission
• Notification given once / follow-up report
• Report statistically significant increases
16

Release Notification: CERCLA Exemptions
Petroleum exclusion
Consumer product
Engine exhaust from motor
vehicles
Nuclear incident
Normal application of
fertilizer
Normal application of pesticide
Federally permitted releases
Solid particles (>100 microns) of
certain metals
Certain radionuclide releases
Releases to RCRA Subtitle C
facilities
Qualified NOx Emissions
17

Relationship Between CERCLA Liability & Reporting
• Violation of release notification requirements may result in
fines up to $37,500 and potential prison sentences
• Reporting of release does not preclude liability for cleanup
costs, natural resource damages & costs of any necessary
health studies
• Release below its RQ does not preclude liability from any
damages that may result
18

Emergency Planning and
Community Right-to-Know
Act (EPCRA)

Bhopal, India: December 1984
Institute, West Virginia: August 1985
20

EPCRA
• Emergency Planning Framework & Emergency Response
Planning: Sections 301 & 303
• Emergency Planning Notification: Section 302
• Emergency Release Notification: Section 304
• Hazardous Chemical Inventory Reporting: Sections 311 &
312
• Toxic Chemical Inventory Reporting: Section 313
21

What Does LEPC Stand For ??
a) The Local Environmental Protection Committee
b) The Lost Emergency Planning Commission
c) The Local Emergency Planning Commission
d) The Local Environmental Planning Committee
e) None of the above
22

Where do LEPCs come from ??
• § 301 of EPCRA required the State to establish Local
Planning Districts and appoint an LEPC within each district
• There are over 3,000 LEPCs nationwide
23

Formation of the LEPC
• The LEPC should consist of the following:
• Representatives of elected state and local officials
• Law enforcement officials, emergency management
workers, and firefighters
• First aid, health, hospital, environmental groups
and news media
• Owners and operators of plants and other users of chemicals,
such as hospitals, farms, small businesses
24

Emergency Planning Notification (section 302)
• Applicable to any facility that has an Extremely Hazardous
Substance (EHS) present at any time at or above its
Threshold Planning Quantity (TPQ)
• EHSs & their TPQs are codified in 40 CFR part 355
25

Emergency Planning Notification
• Facility Requirements:
• One-time notification to SERC & LEPC if EHS present
≥TPQ
o 60 days after facility becomes subject to requirements
• Designate facility emergency coordinator
• Provide any information necessary for developing &
implementing local emergency plan
26

Responsibilities of the LEPC
• Develop a plan to prepare for and respond to chemical
emergencies in your district
• Original plan due October 17, 1988
27

The LEPC plan should:
• Identify facilities and routes
• Describe response procedures
• Designate emergency and facility
coordinator(s)
• Outline notification procedures
• Describe methods for determining
release and affected area
EMERG
• Describe community and industry
resources
• Outline evacuation plans
• Describe training program for personnel
• Describe schedules for exercising plans
28

The LEPC Plan
• Plan should be reviewed annually or more frequently if
changes occur
• LEPCs have authority to request any information from
facility necessary for developing & implementing emergency
response plan
29

Emergency Release Notification
• Applicable if both of these conditions are met:
o Facility at which hazardous chemical is produced, used
or stored; and
o which there is release of a reportable quantity (RQ) of
any extremely hazardous substance (EHS) or CERCLA
hazardous substance
30

Reportable Substances
739
CERCLA
Hazardous
Substances
59
356
EHSs
31

Emergency Release Notification
• EPCRA notification is in addition to CERCLA release
notification requirements:
o SERC & LEPC (State or area likely to be affected by
release)
o Written follow-up of the notification (as soon as
practicable after release)
o Notify 911 or operator for transportation relatedreleases
(SERC or LEPC phone numbers are not available)
32

Notification includes:
• Chemical name
• Indication of whether substance is extremely hazardous
• Estimate of quantity released into environment
• Time and duration of release
• Whether release occurred into air, water, land
33

Notification includes:
• Any known or anticipated acute or chronic health risks
• Advice regarding medical attention for exposed individuals
• Proper precautions, such as evacuation or sheltering in
place, and
• Name and telephone number of contact person
34

EPCRA section 304 Exemptions
• What is different from CERCLA?
oNoPetroleum exclusion (if any EHSs are present in any
petroleum product, notification under EPCRA section
304 will apply)
oDo notneed to report releases solely within facility
boundaries
• All other CERCLA exemptions apply to EPCRA section 304
35

Release Notification: EPCRA Exemptions
Household product
Engine exhaust from
motor vehicles
Nuclear incident
Normal application of
fertilizer
Release solely within
facility boundaries
Normal application of pesticide
Federally permitted releases
Certain radionuclide releases
Qualified NOx Emissions
36

Hazardous Chemical Reporting
(sections 311 & 312) 40 CFR part 370
Applicability:
• Hazardous Chemicals (chemicals that require an MSDS)
defined under OSHA Hazard Communication Standard
(HCS), which include EHSs
• Exemptions under OSHA HCS
• Exemptions under section 311(e)
• Transportation Exemption (section 327)
37

Reportable Substances
OSHA
Hazardous
Chemicals
> 70,000
356
EHSs
739
CERCLA
Hazardous
Substances
38

Hazardous Chemical Reporting (sections 311 & 312)
Thresholds:
• EHSs – 500 lbs or TPQ whichever is less
• Gasoline – 75,000 gallons (retail / USTs)
• Gasohol (90% gasoline & 10% ethanol) – 75,000 gallons
(retail / USTs)
• Diesel – 100,000 gallons (retail / USTs)
• All other hazardous chemicals, including alternative fuels –
10,000 lbs
39

Hazardous Chemical Reporting
• Two parts to hazardous chemical reporting:
o Material safety data sheet (MSDS) reporting
• One-time reporting requirement
o Hazardous chemical inventory reporting
• Annual hazardous chemical inventory due by March 1
40

Hazardous Chemical Reporting (section 311)
Requirements:
• Submit MSDS or list of chemicals grouped by hazard
category above thresholds to:
o State Emergency Response Commission (SERC)
o Local Emergency Planning Committee (LEPC)
o Local Fire Department with jurisdiction over facility
• One-time submission
• Supplemental Reporting – new chemicals & significant new
information – within 3 months
41

Hazardous Chemical Reporting (section 312)
• Section 312 – Submit Inventory form (Tier I/Tier II or
State form – paper form) for all chemicals present at
facility at any time during previous calendar year above
thresholds.
• Report is due March 1 annually
oSERC
oLEPC
o Local fire department with jurisdiction over facility
• Tier2 Submit or State Electronic format
42

Tier II form (section 312)
43

Toxic Release Inventory (section 313)
• Begun in 1988, TRI contains information on
releases of nearly 650 chemicals and chemical
categories from industries including
manufacturing, metal and coal mining, electric
utilities, and commercial hazardous waste
treatment, among others
44

TRI Reporting Process
Covered Primary
SIC Code(s) or
Federal facility?
NO
YES
Ten Employees?
(20,000 hours)
YES
MPOU*
Section 313
Chemicals?
NO
NO
STOP
YES
MPOU*
Thresholds
Exceeded?
NO
YES
Reporting Thresholds Met; Form R/Form A Required
*MPOU: Manufacture (including import), process, or otherwise use
45

Covered SIC codes (now NAICS)
Industrial Sector Primary SIC Code
Manufacturing 20-39
Metal mining 10 (except 1011, 1081, and 1094)
Coal mining 12 (except 1241)
Electrical utilities 4911, 4931, and 4939, limited to facilities that
combust coal and/or oil for the purpose of generating
electricity for distribution in commerce
Treatment, 4953, limited to RCRA Subtitle C permitted or interim
Storage, and status facilities
Disposal facilities
Solvent recovery 7389, limited to facilities primarily engaged in solvent
services
recovery services on a contract or fee basis
Chemical 5169
distributors
Petroleum bulk 5171
terminals
46

Reportable Substances
OVER 600
TRI
Chemicals
739
CERCLA
Hazardous
Substances
228
79
21
59
356
EHSs
47

Thresholds
• non-PBT Section 313 chemical
o Manufactured (including imported) more than 25,000
pounds per year, or
o Processed more than 25,000 pounds per year, or
o Otherwise used more than 10,000 pounds per year
• Threshold calculations are based on cumulative quantities
per Section 313 chemical over the reporting year
48

Thresholds
• Persistent, bioaccumulative, and toxic (PBT) threshold
quantity is:
Type of Chemical
Reporting Threshold, by Activity
Manufacture
Process
Otherwise use
Highly persistent and
bioaccumulative
compounds
10 pounds
10 pounds
10 pounds
Dioxin and dioxin-like
compounds
0.1 grams
0.1 grams
0.1 grams
Other persistent and
bioaccumulative
compounds (lead and
lead compounds)
100 pounds
100 pounds
100 pounds
49

Reporting
Submit TRI reports to U.S. EPA, and either
• designated state officials, or
• designated tribal office
by July 1st following the calendar year’s activities
[e.g. July 1, 2010 deadline for RY 2009 activities]
50

TRI Process
Applicability &
Threshold Determinations
Identify Section
313 chemicals
manufactured,
processed, or
otherwise used at
the site
Determine
quantities of
Section 313
chemicals and
whether they are
manufactured,
processed, or
otherwise used
on-site for the
reporting year
Release/Waste Mgmt. Reporting
Identify total
releases and
off-site transfers
Identify other waste
management
practices
Use TRI-ME to
Complete
Form R or Form A
If a Threshold is
Exceeded…
Identify pollution
prevention
activities
Complete
Final QA/QC
Submit to
EPA & State
51

Form R Content
Part I
Section 1:
Section 2:
Section 3:
Section 4:
Section 5:
Reporting Year
Trade Secret Information
Certification
Facility Identification
Parent Company Info
Part II
Section 1:
Section 2:
Section 3:
Section 4:
Section 5:
Section 6:
Section 7:
Section 8:
Toxic Chemical ID
Mixture Component ID
Activities & Uses
Max Amt on site for CY
On-site Releases
Off-site Releases
On-site Waste Treatment, Energy Recovery, Recycling Processes
Source Reduction and Recycling Activities
52

Public Availability (section 324)
• Each emergency response plan, material safety data sheet,
list described in section 311(a)(2), inventory form & followup
emergency notice shall be made available to general
public shall be consistent with section 322 (Trade Secrets)
53

Conclusion: EPCRA has two main purposes
• to support planning for responding to accidents; and
• to provide community with data about potential chemical
hazards
• For law to work, industry, citizens, and government at
all levels must work to plan for accidents and to reduce
risk from releases
54

How this information assists OSCs, RSCs, and
other responders
• Chemical information during a response
• Emergency Planning for large disasters
• Trends in releases
• Geographic areas
• Causes
• Effects
• Enforcement
55

Questions?
56

Clean Air Act (CAA)
Section 112(r)
Risk Management Program

Risk Management Program
40 CFR Part 68
• The Risk Management
Program (RMP) is designed
to:
o Prevent accidental chemical
releases to air
o Minimize the consequences of
releases that do occur
o Provide information about chemical
hazards to public & government
officials
58

Legislative Background
• Clean Air Act Amendments (1990)
o Process Safety Management
Standard – PSM (1992)
o Risk Management Program Regulation
(1994-1996)
o U.S. Chemical Safety and Hazard Investigation
Board – CSB (1998)
o Chemical Safety Information, Site Security,
and Fuels Regulatory Relief Act –
CSISSFRRA (1999)
59

Clean Air Act section 112(r)
• CAA 112(r)(1) established General Duty
Clause
• CAA 112(r)(7) required EPA to:
o List at least 100 regulated substances
(140 now listed)
o Develop regulations and guidance to
prevent, detect & respond to accidental releases
o Manage risk management plans (RMPs) submitted by
facilities & to make plans available to government
officials & public
60

General Duty Clause
• Owners & operators have a
general duty to:
o Identify hazards associated with
potential accidental release
o Design & maintain safe facility
o Minimize consequences of
accidental releases
• Not limited to specific list of
chemicals or threshold
quantities
61

RMP Regulated Substances
• 77 toxic & 63 flammable substances
• Toxic mixtures w/ >1% listed toxic substance and
partial pressure > 10 mm Hg
• Flammable mixtures w/ >1% listed flammable
substance in mixture exceeding NFPA 4 flammability
criteria
• Substances with specified concentrations:
o Nitric Acid (≥80%)
o Hydrofluoric Acid (≥50%)
o Hydrochloric Acid (≥37%)
o Aqueous Ammonia (≥20%)
62

Geographic Distribution of RMP Facilities
63

RMP Chemical Processes
~ 14,000 facilities with
~ 19,000 processes containing
~ 24,000 vessels
All
Others
Isobutane
Ammonia
34%
Pentane
Formaldehyde
(so)
Isopentane
Butane
2%
Ammonia (aq)
2%
Sulfur Dioxide
3%
Flammable
Mixture
13%
Chlorine
16%
Hydrogen
Fluoride
All Others
Propane
4%
64

RMP Chemical Quantities
Propylene
1%
Ethane
2%
Ethylene
2%
Isobutane
3%
There are over 75 billion
pounds of hazardous
chemicals regulated
under the RMP rule
2-Methylpropene
Pentane
Butane
11%
Ammonia
13%
Propane
14%
Flammable Mixture
43%
Chlorine
Vinyl Chloride
1,3-Butadiene
All Others
65

RMP Industry Sectors
Other 5%
Food &
Beverage
14%
Agriculture
28%
Water &
Wastewater
16%
Energy
16%
Chemical
Manufacturing
21%
66

What Facilities Are Subject to RMP?
• Facilities meeting all of following criteria are
subject to 40 CFR Part 68:
o Stationary source
o With one or more regulated substances
o Contained in a process
o Above a threshold quantity
67

RMP Regulation – Requirements
• Offsite consequence
analysis
• Five-year accident history
• Accident prevention
program (most facilities)
• Emergency response
program
• Risk Management Plan
(RMP)
68

Off-site Consequence Analysis – Simplified Example
Source has:
2 regulated Toxic substances
1 regulated Flammable substance
B Avenue
C Avenue
Flammable WCS
Source Boundary
“Toxic B” ARS 2
“Toxic A” ARS 1
A Street
Rail Spur
“Toxic A” WCS distance to endpoint
0 1/2 1
Miles
69

One Process
Process vs.
Worst Case
Worst case
70

One Process
Worst case
71

3 Prevention Program Levels
Receptors
in worstcase
footprint?
Yes
Subject
to OSHA
PSM?
No
Listed
NAICS
code?
No
Program
2
No Yes Yes Yes
Off site
impact
due to a
release?
RMP,
Prevention
Program, ER
Planning
No
Program
1
RMP, ER
Planning
Program
3
RMP,
Prevention
Program, ER
Planning
72

Risk Management Plans
• Executive summary
• Registration info: Facility ID, location, lat/long,
chemical process info (e.g., NAICS, chemical
name, CAS #, quantity), etc.
• 5-year accident history
• Accident prevention program info:
hazard analysis methods,
mitigation measures, etc. (P2 & P3)
• Emergency response planning
information
• Offsite consequence analysis: Worst-case &
alternative release scenarios
73

Prevention Program
Program 2 Program 3
• Safety information
• Hazard review
• Operating procedures
• Training
• Maintenance
• Compliance audits
• Incident investigation
• Process safety
information
• Process hazard analysis
• Operating procedures
• Training
• Mechanical integrity
• Management of change
• Pre-startup review
• Compliance audits
• Employee participation
• Hot work permit
• Contractors
74

Process Safety Information
• Hazardous effects of inadvertent
mixing of different materials
• Piping & Instrument Diagrams
(P&IDs) (complete & up-to-date)
• Process upper/lower temperature
& pressure limits
• Relief/ventilation system design
basis
75

Operating Procedure Requirements
Steps for Each Phase Program 2 Program 3
Initial startup
Normal operations
Temporary operations
Emergency shutdown
Emergency operations
Normal shutdown
Start-up following a normal or emergency
shutdown or major change
Lockout/tagout
Confined space entry
Opening process equipment or piping
Entrance into the facility
76

Operating Procedure Requirements
Operating Limits Program 2 Program 3
Consequences of deviations
Steps to avoid, correct deviations
Safety & Health Considerations Program 2 Program 3
Chemical properties & hazards
Precautions for preventing chemical
exposure
Control measures for exposure
QC for raw materials and chemical inventory
Special or unique hazards
Safety Systems & Their Functions Program 2 Program 3
What systems are there and how do they
work
Annual Certification Requirement Program 2 Program 3
Conduct annual certification
77

Mechanical Integrity Program -
Critical Elements
• Equipment & design-specific process safety
information
• Written maintenance procedures
• Training for process maintenance activities
• Inspection & testing
• Correction of deficiencies in equipment that are
outside acceptable limits
• Development of a quality assurance program
78

Mechanical Integrity
79

Management of Change Procedures
• A change is a modification to
o
o
o
Process equipment or instrumentation
Technology, procedures, raw
materials, or
Processing conditions
• A change is NOT “Replacement in
kind” which means a replacement
that “satisfies the design
specifications”
80

Emergency Response
Program
• Program 1 processes: Owner/operator
must ensure that they have coordinated
with local response agencies and their
facility is included in community
response plan
• Program 2 & 3 processes: Requirements
depend on whether facility uses its own
employees to respond to accidental
releases
81

ER Program: Non-Responding
Facilities
• Facilities that rely on public responders must
have:
o An Emergency Action Plan
o Appropriate notification mechanisms in place
o Coordinated response actions with community
ER plan or local fire department
82

ER Program:
P2 & P3 Responding Facilities
• Facilities that use their own employees to
respond to accidental releases must have:
o Written ER plan addressing response procedures,
medical treatment, public & local authority
notification
o ER equipment inspection,
testing & maintenance
o Training for all employees
in relevant procedures
83

Common “Problem”…
• Facilities say they have invited responders
to their facility for exercise/walk-thru, but
…no takers….
84

A Better ER Plan
Door
Engine
Room
Product Storage
Wind Direction
Office
Employee
Gathering
Area
85

Off
Shut-off valve
86

RMP Reported Accidents
500
400
300
200
100
0
'95 '96 '97 '98 '99 '00 '01 '02 '03 '04 '05 '06 '07 '08 '09
# Accidents
87

Teamwork!!!!
Responders
Industry
Community
Local State Federal
88

Where do you find the info?
89

Questions?
• For more information, visit:
www.epa.gov/emergencies
90