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EPCRA Emergency Planning and Community Right-to-Know Suzanne Powers

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Presentation on theme: "EPCRA Emergency Planning and Community Right-to-Know Suzanne Powers"— Presentation transcript:

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

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