Erika White September 11, 2014

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

 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.”

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

 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 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

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

FACILITY Property Boundary ON-SITE OFF-SITE

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

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

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

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

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

 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

 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

 Introduction  Entrance Interview  Facility Inspection  Records Review  Exit 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.

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 Extremely Hazardous Substances (EHS) (EHS) and Hazardous Substances (HS) and where they are stored. Where is your MSDS book?

 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. ◦ 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.

 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

 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

 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?