Emergency Planning and Community Right-to-know Reporting Kathleen LeGreid - Environmental Protection Agency EPA EPCRA (Emergency Planning Community Right-to-know Act) Sadie Whitener- SERC/Ecology 1

Agenda EPCRA BACKGROUND Emergency Release Notification WA State Emergency and Hazardous Chemical Reporting (Tier Two) EPCRA 311 EPCRA 312

EPA Region 10  Alaska  Idaho  Oregon  Washington

Background A disaster in 1984 in Bhopal, India, caused by an accidental release of methylisocyanate caused global concerns about environmental and safety hazards posed by storing and handling toxic chemicals. The release killed or severely injured more than 2000 people. Over 500,000 people were exposed to the gas. The Emergency Planning and Community Right-to-Know Act (EPCRA) was passed by Congress as a response to concerns over the storing and handling of toxic chemicals.

What is the Emergency Planning and Community Right-to-Know Act (EPCRA)? 1986Superfund Amendments and Reauthorization Act signed into law. SARA SARA Title IIIEPCRA EPCRA requires small to large businesses to report chemical information, including: Detailed chemical inventories Reporting spills and releases of hazardous substances Providing information to local responders and emergency planners

EPA’s Consolidated List of Lists RMP

Common EHSs EHS NameThreshold Planning Quantity (TPQ) Ammonia 500 pounds Chlorine 100 pounds Sulfuric Acid 1,000 pounds* Sulfur Dioxide 500 pounds For EPCRA 302: The TPQ for Sulfuric Acid is 1,000 pounds. For EPCRA 311, 312 : “have present at any one time an EHS in quantity equal to or greater than TPQ or 500 pounds, whichever is less.”

Section 304 CERCLA 103 Release Reporting 9

Don’t rely on someone else to report Keep important phone numbers handy Drill, drill, drill! When in doubt, report ! 10 Section 304 Emergency Release Notification

11 Section 304 EPCRA 304/CERCLA 103 Reporting Elements Emergency Release Notification Follow-up

Press Releases Two Northwest companies settle with the EPA for hazardous chemical release reporting violations Release Date: 08/27/2015 Contact Information: Marianne Holsman, EPA Public Affairs, (SEATTLE – August 26, 2015) Two Pacific Northwest companies have settled with the U.S. Environmental Protection Agency after failing to report the release of extremely hazardous substances to federal, state, and local agencies in violation of federal laws designed to protect communities and first responders. Goodrich Corporation, Washington: Goodrich Corporation in Spokane, Washington failed to immediately report the release of hydrogen cyanide to the National Response Center, the State Emergency Response Commission, and the Local Emergency Planning Committee, as required by Section 103 of the Comprehensive Environmental Response, Compensation and Liability Act and Section 304 of the Emergency Planning and Community Right to Know Act. EPA alleges that on October 6, 2014, Goodrich released 25.5 pounds of hydrogen cyanide over a two-hour period. EPA alleges that Goodrich had knowledge of the release of hydrogen cyanide in quantities equal to or greater than 10 pounds, the reportable quantity, but did not report the release for nearly six weeks. Hydrogen cyanide is a hazardous substance listed in 40 C.F.R. § and must be reported if 10 pounds or more is released. Hydrogen cyanide is highly flammable and soluble in water. It may form explosive mixtures with air and be ignited by heat, sparks or flames. Hydrogen cyanide may be fatal if inhaled or absorbed through skin. Initial odor may be irritating or foul and may deaden the sense of smell. Goodrich has agreed to pay a penalty of $52,

13 Partner's Produce, Inc., Idaho: Partner’s Produce, Inc. in Payette, Idaho failed to immediately report the release of anhydrous ammonia to the National Response Center, State Emergency Response Commission, and the Local Emergency Planning Committee, as required by Section 103 of CERCLA and Section 304 of EPCRA. EPA alleges that Partner’s Produce released approximately 378 pounds of anhydrous ammonia on February 14, 2014, from its Payette, Idaho facility. Anhydrous ammonia is a poisonous gas. Exposure to vapors can cause temporary blindness and eye damage, as well as irritation of the skin, mouth, throat, respiratory tract and mucous membranes. Prolonged exposure to anhydrous ammonia vapor at high concentrations can lead to serious lung damage and even death. EPA also alleges that Partner’s Produce violated Section 312 of EPCRA for failing to file annual Tier II Hazardous Chemical Inventory Reports for anhydrous ammonia at its facility in Payette, Idaho. EPCRA Section 312 requires companies to file hazardous chemical inventory reports with the State Emergency Response Commission, the Local Emergency Planning Committee, and the local Fire Department each year by March 1st. Partner’s Produce agreed to pay a penalty of $67,392 Press Releases (cont.)

Sections 311 – 312 Emergency Planning Community-right-to-know Act 14