1. EPCRA Emergency Planning and Community Right-to-Know Suzanne Powers
Environmental Protection Agency Region 10

2. Whoops! Chemical Spill? What Chemical Spill?
Anybody here know anything about a chemical spill?

3. EPA Region 10
Alaska
Idaho
Oregon
Washington

4. Region 10 Organization

5. Office of Compliance and Enforcement (OCE)
Immediate Office
Edward J. Kowalski
Director
Lauris C. Davies
Associate Director
Air/RCRA Compliance Unit
Scott E. Downey
Manager
Ground Water Unit
Peter Contreras Manager
Inspection and Enforcement Management Unit
Kimberly A. Ogle
NPDES Compliance Unit
Jeff KenKnight
Pesticides and Toxics Unit
Kelly McFadden
8/16/2012
U.S. Environmental Protection Agency

6. Region 10 EPCRA Staff Suzanne Powers, Coordinator 360-753-9475
Idell Hansen (SEE)
Kathleen LeGreid (SEE)

7. EPA’s Enforcement Process
Environmental problem is identified
Congress passes laws to address
EPA issues regulation to implement
Compliance assistance helps regulated community understand and comply with the law.
EPA/States/Locals enforce regulations

8. What is EPA’s role? (EPA’s enforcement goals)
Aggressively enforce against facilities that fail to report releases and storage of extremely hazardous chemicals
Back up the States, Tribes and LEPC’s by enforcing EPCRA/CERCLA reporting regulations.
Encourage Facilities to engage in SEP’s during settlement.

9. EPA’s Enforcement Process
Compliance monitoring asses compliance through inspections and other activities
Enforcement actions are initiated when the regulated community does not comply
Protection of public health and the environment

10. What initiated these laws?

11. Federal Regulations CERCLA (aka Superfund) – 1980
SARA Title III – Oct 17, 1986
SARA Title III = EPCRA
Clean Air Act 112r Risk Management 1999

12. Recent disasters show the importance of emergency planning/response and enforcement
West, Texas explosion, April 20, 2013

13. EPCRA 304- CERCLA 103 Enforcement-Release Reporting
In the event of a spill or release of a hazardous substance at a facility, the owner/operator must make immediate notification to appropriate response agencies

14. EPCRA 311 & 312 Enforcement-Hazardous Chemical Inventory Reporting
Facilities that store more than the threshold planning quantity of a hazardous substance.
500 pounds or less for extremely hazardous substances (named in the regulation)
10,000 pounds for all other substances that require a material safety data sheet.
Report within 60 days of bringing a chemical on site (311) and each year by March 1 of the following year. (312)

15. Region 10 EPCRA Enforcement Priorities
Facilities that do not report their releases to:
NRC (CERCLA 103)
SERC and LEPC (EPCRA 304)
Facilities that do not report their chemical inventories, Tier II’s (EPCRA 311 & 312)
Environmental justice communities
High risk facilities
Supplemental Environmental Projects (SEP)

16. EPCRA Enforcement in Region 10 Building an Enforcement Case
Identifying out of compliance facility:
NRC and State Spill Reports
U.S. Chemical Safety Board website
Referrals from state and local government
News-Media reports.

17. EPCRA Enforcement in Region 10 Building an Enforcement Case
Gathering Information
NRC and State Spill Reports
Contact with local and state emergency responders and agencies
CERCLA 103 Information Request to facility.
Inspections

18. U.S. Environmental Protection Agency
Inspection Process
Introduction and Entry
Records Review
Facility Walk-Through
Closing Conference
Follow-up Correspondence
8/16/2012
U.S. Environmental Protection Agency

19. Typical Enforcement Options
Information Request
Warning Letter
Notice of Violation
Pre-filing Letter
Administrative and Civil Complaints
Emergency Actions
Penalties/Injunctive Relief/SEPs
Criminal Prosecution
Debarment
Expedited Settlement
8/16/2012
U.S. Environmental Protection Agency

20. EPA Region 10 EPCRA/CERCLA Inspections 2008-2012

21. EPA Region 10 EPCRA Penalties 2008-2012

22. Unisea Alaska Case
Largest Civil EPCRA/CERCLA Penalty Ever paid. $230,750.
$133,250 civil penalty pursuant to Section 109 of CERCLA (aka Superfund), $975,000 civil penalty pursuant to Section 325 of EPCRA (Emergency Planning and Community Right-to-Know Act),
Total penalty including state laws: $1,909,375.

23. Supplemental Environmental Policy SEP
Projects must have nexus with violation
25% of penalty must be paid in cash
No cash directly given, no salaries paid
Facilities can get a maximum of 80 Cents for each dollar spent on the project
Projects with tie in to local community valued higher
EJ communities get higher value

24. EPA Region 10 Supplemental Environmental Projects (SEP)
Year
Number of SEPs
Total SEPs
2008 1
$59,144
2009 4
$251,873
2010 3
$121,453
2011
$19,435
SEP Categories
Number of SEPs 
Equipment and training for local responders 4
Equipment to prevent and mitigate releases 5

25. Dyno Nobel St. Helens Oregon SEP
Company will install ammonia detection system in all major release points which will provide immediate alarms if any ammonia is starting to be released so the community can be warned quickly. Cost of detection system is: $68,
4 laptop computer are being purchased for Columbia County Fire and Rescue for use in chemical inventory, emergency planning and air modeling during emergency chemical release incidents. $4,035.00

26. EPCRA 312 New Data Requirements
Final Rule Issued July 13, 2012
Effective for 2013 data to be reported by March 1, 2014
Whether facility is manned or unmanned
Maximum number of employees present at one time
Contact information: facility emergency coordinator
of owner operator
Latitude and longitude of storage sites
TRI and RMP identification numbers
Separate data fields for pure chemicals and mixtures
New range codes for storage amounts.

27. U.S. Environmental Protection Agency
On-line Resources
EPA
Enforcement & Compliance History Online (ECHO):
8/16/2012
U.S. Environmental Protection Agency