Introduction to CERCLA 103, EPCRA & CAA 112(r)

Introduction toCERCLA 103, EPCRA &CAA 112(r)OSC ReadinessSan Diego, CaliforniaFebruary 20091

Course Overview• 3½ hour course• Focused on regulatory & legislative requirements relatedto:– Notification for hazardous chemical releases– Community emergency planning– Chemical accident prevention• Provides an overview of requirements of:– Section 103 of the Comprehensive Environmental Response,Compensation, and Liabilities Act (CERCLA)– Emergency Planning and Community Right-to-Know Act(EPCRA)– CAA section 112(r) (the EPA Risk Management Program)2

Introductions• Instructor Introductions– Lynn Beasley – EPA HQ– Sicy Jacob – EPA HQ– Jim Belke – EPA HQ– Kim Jennings – EPA HQ– Steve Mason – EPA Region 6• Student Introductions3

Course Objectives• Learn types of facilities subject to CERCLAsection 103, EPCRA & RMP• Understand chemical lists & threshold quantitiestriggering applicability & common exemptions• Learn actions that chemical facilities must taketo comply with CERCLA section 103, EPCRA &RMP• Understand how other agency’s hazardouschemical regulations may relate to or affect afacility’s obligations under EPA’s regulations4

Comprehensive EnvironmentalResponse, Compensation, andLiability Act (CERCLA)section 103 – NotificationRequirements5

Statutory & Regulatory Background• CERCLA (1980)– Reportable Quantity (RQ) Adjustments (1985)– Reporting Continuous Releases of HazardousSubstances (1990)• Superfund Amendments andReauthorization Act (SARA) (1986)– Emergency and Hazardous ChemicalInventory Forms and Community Right-to-Know Reporting Requirements (1987)6

The Big Picture• CERLCA– Identifies sites that may warrant Superfund response action– Mandates notification to federal authorities in case of accidentsor emergencies• EPCRA– Mandates notification to state & local authorities in case ofaccidents or emergencies7

The Basics: Reporting a ReleaseCERCLA ReportableRelease(Hazardous Substance)EPCRA Reportable Release(Hazardous Substance orEHS)Call NRCImmediately(40 CFR §302.6(a))Call SERC & LEPCImmediately(40 CFR §355.40(b)(1))Newspaper NoticeCERCLA §111(g)Written Follow-upEmergency Notice40 CFR 355.40(b)(3)8

CERCLA & EPCRANotification Requirements• CERCLA §103– Any person in charge of a vessel or an onshore or offshorefacility shall, as soon as he has knowledge of any release…of ahazardous substance from such vessel or facility in quantityequal to or exceeding the reportable quantity…in any 24-hourperiod, immediately notify the NRC• 1-800-424-8802 or 202-267-2675• EPCRA §304– Any facility at which a hazardous chemical is produced, used orstored and at which there is a release of a reportable quantityof any extremely hazardous substance (EHSs) or CERCLAhazardous substance…shall immediately notify the LEPC andSERC40 CFR §§302.6(a) & 355.40(a)9

What is a Facility?40 CFR §§302.3 & 355.2011

What is a Facility?• Under CERCLA, a facility is defined as:– Any building, structure, installation, equipment, pipeor pipeline, well, pit, pond, lagoon, impoundment,ditch, landfill, storage container…(§101(9))• Under EPCRA, a facility is defined as:– All buildings, equipment, structures, and otherstationary items that are located on a single site or oncontiguous or adjacent sites and that are owned oroperated by the same person (§329)12

What is a Release?• Release means any spilling,leaking, pumping, pouring,emitting, emptying, discharging,injecting, escaping, leaching,dumping or disposing into theenvironment…CERCLA §101(22), 40 CFR §302.3; EPCRA §304, 40 CFR §355.2013

Is This into the Environment?•A release directly to– Land–AirInto the Environment– Water•A release that is– Wholly enclosedNot Into the Environment14

Is This Into the Environment?• A non-volatile spill toan impermeablesurface• Placement into anunenclosed structure15

Controlled Releases• Disposal in landfills– RCRA Subtitle C– RCRA Subtitle D–TSCA• Discharge to apublicly ownedtreatment works(POTWs)16

Aggregating Releases• All releases of same substance fromsingle facility in any 24 hour period mustbe aggregated to determine whether anRQ has been released from facility into theenvironment (50 FR 13456, 13459; April 4,1985)17

Aggregating Releases18

Time Period of Release• The total amount of hazardous substancereleased within any twenty-four hourperiod must be aggregated & comparedwith its RQ• Immediate notification required once RQ isequaled or exceeded50 FR 13456, 13463; April 4, 198563 FR 31268, 31283; June 8, 199819

• CERCLACERCLA & EPCRAReportable Substances– Hazardous Substance Releases• EPCRA– Extremely Hazardous Substance (EHS)Releases20

CERCLA & EPCRAReportable SubstancesCERCLAHazardousSubstancesEPCRAEHSsNon-CERCLAEHSs21

Extremely HazardousSubstances (EHSs)• EPCRA §302 – originally chemicals inChemical Emergency PreparednessProgram (CEPP) Interim Guidance• EPA has statutory authority to add to or revise listEPCRA §302(a)(2)• 40 CFR 355 (Appendices A & B)22

CERCLA Hazardous Substances• CERCLA establishes list of “hazardous substances”– Approximately 800 specific substances & 1,500 radionuclides– Identified under other statutes• Clean Water Act (CWA)• Clean Air Act (CAA)• Toxic Substances Control Act (TSCA)• Resource Conservation and Recovery Act (RCRA)– Authority to designate (add to list) – CERCLA section 102• Substances which, when released into environment may presentsubstantial danger to public health or welfare or environment• 40 CFR 302.4 – List of Hazardous Substances andReportable Quantities23

CERCLA Hazardous Substances• CWA hazardous substances & CERCLAhazardous substances– All CWA hazardous substances are CERCLAhazardous substances• CWA section 311(b)(4)• CWA section 307(a)– Some CERCLA hazardous substances areCWA hazardous substances24

CERCLA Hazardous Substances• How does EPA choose chemical name(s)to list for each substance on List ofHazardous Substances (40 CFR 302.4)?– Use name from environmental statutes &implementing regulations– If more than one name, each chemical namewill appear as separate entry (with same CASRegistry Number)• Column of regulatory synonyms removed in 200225

CERCLA Hazardous Substances:Hazardous Wastes• Listed wastes– Dangerous Waste Discarded Chemical Products – P & U (40 CFR §261.33)• Specific commercial chemical products in unused form• Some pesticides & pharmaceutical products become hazardous waste when discarded– Nonspecific Source Wastes – F (40 CFR §261.31)• Wastes from common manufacturing & industrial processes (e.g., solvents used incleaning or degreasing operations)• Known as wastes from non-specific sources because processes producing thesewastes can occur in different sectors of industry– Source Specific Wastes – K (40 CFR §261.32)• Wastes from specific industries (e.g., petroleum refining or pesticide manufacturing)• Certain sludges & wastewaters from treatment & production processes in theseindustries• Unlisted/characteristic wastes – 100 pound RQ– Ignitability (D001)– Corrosivity (D002)– Reactivity (D003)– Toxicity (D004 – D043) – See Table 302.426

CERCLA Hazardous Substances:Hazardous Wastes• Releases of wastes that are not individually listed asCERCLA hazardous substances• CERCLA reporting requirements apply to wastes orwaste streams exhibiting characteristics of ignitability,corrosivity, reactivity or toxicity under RCRA• Release of a non-designated substance exhibiting any ofthese four RCRA characteristics is release of ahazardous substance if substance is a waste prior torelease or becomes a waste after release• Under RCRA regulations, substance becomes wasteafter release if it is not cleaned up or if it is cleaned uponly for eventual disposal27

CERCLA Hazardous Substances:Hazardous Wastes• Tests to determine whether waste exhibitsRCRA characteristic of toxicity– Toxicity characteristic leaching procedure(TCLP)• Extract contains any of 25 organic constituentslisted in regulations at or above specified levels[55 FR 11876, Mar. 29, 1990]• Automatically RCRA hazardous wastes and,therefore, CERCLA hazardous substances28

CERCLA Hazardous Substances:Hazardous Wastes & the Mixture Rule• Releases of mixtures or solutions(including hazardous waste streams) ofhazardous substances are subject tonotification requirements, if quantity of allhazardous constituents are known, wherean RQ or more of any hazardousconstituent is released (40 CFR §302.6(b))29

CERCLA Hazardous Substances:Hazardous Wastes & the Mixture Rule• Mixture rule versus RQ for wastelisting– If exact composition of waste stream isknown, report when constituent isreleased in excess of its RQ– If exact composition of waste stream isunknown, report when total quantityreleased exceeds RQ for waste streamlisting30

CERCLA Hazardous Substances:Hazardous Wastes & the Mixture Rule• Special hazardous wastes – EPA providesconstituent information for certain waste streamsIfWaste stream is specifically designated in40 CFR §302.6(b)(1)(iii)ThenAssume maximum constituent concentrations (as listed)Apply mixture rule31

Reportable Quantities• Reportable quantity (RQ) is amount of hazardoussubstance or EHS that must be released within twentyfourhours to trigger notification• CERCLA establishes statutory one-pound RQ for allhazardous substances that did not already have RQsestablished under CWA– EPA adjusted those RQs by regulation to establish final RQs– Substance evaluated based on intrinsic properties: chemical,physical, toxicological– After evaluating substance, EPA promulgates final RQ– RQs found in U.S. Code of Federal Regulations – 40 CFR 302• List of Hazardous Substances and Reportable Quantities32

Reportable Quantities• EPA established final RQ for each hazardoussubstance that are not radionuclides– Hazardous substance final RQs established at 1, 10,100, 1,000 or 5,000 pounds– Radionuclide final RQs expressed in curies &established at 0.001, 0.01, 0.1, 1, 10, 100 or 1,000curies– RQs serve as reporting triggers• No RQ established for generic classes (e.g.,chlorinated benzenes, phthalate esters, etc.)33

Reportable Quantities• Generic classes of compounds– No established RQs for CWA generic classes ofcompounds that are CERCLA hazardous substances– Not reportable unless there is an individual listing• Haloethers (generic class)• Propane, 2,2’-oxybis[2-chloro-] (individual listing)– Remain subject to response (section 104), abatement(section 106) & liability (section 107) provisions underCERCLA34

Continuous Release Reporting• CERCLA section 103(f)(2)– Reduced reporting for continuous releases of hazardoussubstances that exceed RQ• Continuous– Occurs without interruption or abatement, or is– Routine, anticipated & intermittent during normal operations ortreatment processes• Stable in quantity & rate– Predictable & regular in amount & rate of emission– Notification given once• Unless change in source or composition of release, change innormal range of release or change in other reported information– Follow-up report on first anniversary of initial report– Report statistically significant increases35

Continuous Release Reporting• Statistically significant increase– Any release of hazardous substance thatexceeds upper bound of reported normalrange of continuous release• Normal Range– All releases of hazardous substance reportedor occurring over any 24-hour period undernormal operating conditions during precedingyear36

SummaryRelease NotificationCERCLA√√√ReleaseHazardous Substance≥ RQ√√√ReleaseHazardous Substance or EHS≥ RQEPCRA√From a Vessel or Facility√From a Facility√Within any 24-Hour Period√Within any 24-Hour Period‣ Notify NRC‣ Notice in Local Newspaper‣ Notify SERC & LEPC‣ Written Follow-up37

Not a Facility• Household Exclusion– CERCLA definition of facility specifically excludes consumer products inconsumer use• EPCRA applicability requires facility to produce, use or storehazardous chemical– Hazardous chemical definition excludes household products40 CFR §§302.3, 355.20 & 370.238

Not a Release:Federally Permitted Release• Federally permitted releases are notsubject to release notification• Includes discharges in compliance withfollowing permits– CWA NPDES– CWA dredged or fill material– RCRA– CWA ocean dumping– SDWA UIC– CAA– State injection– State NPDES– AEA39

Not a Release:Federally Permitted Releases• Clean Air Act (CAA) Permits– Emission limitations– Technology requirements– Operational requirements• Guidance on federally permitted releases for certain air releases(67 FR 18899; April 17, 2002)– VOC, PM & NO X– Minor sources– Waivers, accidents & malfunctions– Start-up & shut-down• Discharges in excess of federally permitted limits– Do not qualify as federally permitted releases– RQ calculations begin at the point at which release exceedspermit40

Not a Release• Any release which results in exposure topersons solely within workplace• Emissions from engine exhaust of motorvehicle, rolling stock, aircraft, vessel orpipeline pumping station engine• Certain releases of source, byproduct orspecial nuclear material from nuclearincident• Normal application of fertilizers41

Not a Hazardous Substance• Petroleum Exclusion– The term hazardous substance does notinclude petroleum, including crude oil or anyfraction there of which is not specifically listedor designated as a hazardous substance(CERCLA §101(14))42

Not a Hazardous Substance:Petroleum Exclusion• The term petroleumincludes:– Crude oil or any fractionthereof including anyhazardous substanceindigenous to substance (e.g.,benzene)– Hazardous substances thatare normally mixed with oradded to crude oil duringrefining process43

Not a Hazardous Substance:Petroleum Exclusion• The term petroleum does notinclude:– Hazardous substances that areadded to petroleum or that increasein concentration as a result ofcontamination (e.g., PCBs)44

Statutory Exemptionsfrom Reporting• CERCLA section 103– 103(e): Application of pesticide productregister under the Federal Insecticide,Fungicide, and Rodenticide Act (FIFRA) orhandling or storage of such product by anagricultural producer– 103(f): Release of substance that is requiredto be reported (or exempted from reporting)under RCRA Subtitle C & has already beenreported to NRC under Subtitle C regulations45

Regulatory Exemptionsfrom Reporting• Regulatory exemptions from reporting under CERCLA section 103– Certain solid metals when diameter of released metal equals or exceeds100 micrometers• Antimony, arsenic, beryllium, cadmium, chromium, copper, lead, nickel,selenium, silver, thallium & zinc– Administrative Reporting Exemptions• Radionuclides– Naturally occurring from large generally undisturbed land holdings (e.g., golfcourses & parks)– Naturally occurring from the disturbance of large areas of land for purposes otherthan mining (e.g., farming or building construction)– Dumping of coal & coal ash at utility & industrial facilities with coal-fired boilers– Coal & coal ash piles at utility & industrial facilities with coal-fired boilers• Nitrogen Oxide (NO) & Nitrogen Dioxide (NO 2 )– Result of combustion of less than 1,000 pounds of NO & less than 1,000 poundsof NO 2to air in 24 hours.» Each of these hazardous substances has an RQ of 10 pounds.• Air Releases of Hazardous Substances from Animal Waste at Farms– Full exemption under CERCLA section 103 notification requirements– Limited exemption under EPCRA section 304 emergency notificationrequirements46

Release Notification:CERCLA ExemptionsPetroleum exclusionConsumer productEngine exhaust frommotor vehiclesNuclear incidentNormal application offertilizerNormal application ofpesticideFederally permitted releasesSolid particles (>100 microns)of certain metalsCertain radionuclide releasesReleases to RCRA Subtitle CfacilitiesQualified NOx Emissions47

Release Notification:EPCRA ExemptionsHousehold productEngine exhaust frommotor vehiclesNuclear incidentNormal application offertilizerRelease solely withinfacility boundariesNormal application ofpesticideFederally permitted releasesCertain radionuclide releasesQualified NOx Emissions48

Relationship Between CERCLALiability & Reporting• Failure to comply with CERCLA section 103 notificationrequirements may result in fines, per offense, of up to$37,500 and prison sentences of up to three years (or upto five years for second and subsequent convictions)• Proper & timely reporting of release in accordance withCERCLA section 103 does not preclude liability forcleanup costs, natural resource damages & costs of anynecessary health studies conducted under CERCLAsection 104(i)• A release of CERCLA hazardous substance below itsRQ does not preclude liability from any damages thatmay result (including cleanup costs or natural resourcedamages)49

How DOT relates to CERCLA• CERCLA section 306(a) – Transportation ofhazardous substances; listing as hazardousmaterials; liability for release– Department of Transportation (DOT) required to list &regulate as hazardous materials all CERCLAhazardous substances• All CERCLA hazardous substances covered by DOT’sHazardous Materials Regulations– Materials shipped in quantities equal to or greater than theirRQs– Present in single package, above certain concentrationthresholds– Must be identified as such on shipping papers & by packagemarkings50

Questions?51

Emergency Planning andCommunity Right-toto-Know Act(EPCRA)52

Bhopal, IndiaDecember 198453

Institute, West VirginiaAugust 198554

EPCRA• Section 301: Establishment of State Emergency ResponseCommissions (SERCs), emergency planning districts &Local Emergency Planning Committees (LEPCs)• Section 302: Substances & Facilities Covered & Notification (40CFR part 355)• Section 303: Comprehensive Emergency Response Plans• Section 304: Emergency Notification (40 CFR part 355)• Section 311 & 312: Hazardous Chemical Inventory Reporting (40 CFR part370)• Section 313: Toxic Chemical Release Reporting (40 CFR 372)• Section 321: Relationship to Other Law• Section 322: Trade Secrets (40 CFR part 350)• Section 323: Provision of Information to Health Professionals, Doctor& Nurses• Section 324: Public Availability of Plans, Data Sheets, Forms &Follow-up Notices• Section 325: Enforcement• Section 326: Civil Actions• Section 327: Exemption• Section 328: Regulations• Section 329: Definitions55

EPCRA• Emergency Planning Framework & EmergencyResponse 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 (managed by OEI/TRI)56

Establishment of State Commissions, PlanningDistricts & Local Committees (section 301)• Governors establish StateEmergency ResponseCommissions (SERCs)• SERCs designate emergencyplanning districts and appointmembers of the LocalEmergency PlanningCommittees (LEPCs) foreach planning district• Members of LEPCs include representatives from followinggroups & organizations:– Elected State & local officials, law enforcement, civil defense, firefighting, first aid, health, local environmental, hospital,transportation personnel, media, community groups, owners &operators of facilities subject to requirements, etc.57

Emergency Planning Notification(section 302)Applicability & Exemptions:• Applicable to any facility that has an ExtremelyHazardous Substance (EHS) present at any timeat or above its Threshold Planning Quantity(TPQ)– (EHSs & their TPQs are codified in 40 CFR part 355)Exemptions:• Only substances in transportation or storedincident to transportation are excluded from thissection58

Emergency Planning Notification(section 302)• Section 302(b)(2) gives Governor or SERCauthority to designate additional facilities assubject to emergency planning provisions afterpublic notice & comment– Facilities may be designated under this authority evenif all substances present at facility qualify fortransportation exemption at section 327; &– Substances that are not EHSs at these designatedfacilities may become subject to emergency planningrequirements59

Emergency Planning Notification(section 302)Facility Requirements:• One-time notification (first notification was required by May 17, 1987)to SERC & LEPC if any EHS is present in an amountequal to or greater than its TPQ– 60 days after facility becomes subject to requirements• Designate facility emergency coordinator• Changes relevant to emergency planning must beprovided to LEPC within 30 days of such changes– (changes may include, but are not limited to, EHSs are no longerpresent at facility, EHSs are moved to new location, facility is no longerin operation, etc.)• Must provide any information necessary for developing &implementing local emergency plan60

Threshold Determination forEmergency Planning Notification• Aggregate total amount of an EHS in pure formand in mixtures (concentration of EHS greater than 1%)present throughout facility at any one time todetermine if that EHS exceed its TPQExample:Chemical A (EHS) = 100 pounds &Mixture 1 (Chemical A = 50%, Chemical B =50%) = 1,000 pounds. TPQ for Chemical A is500 poundsTotal amount of Chemical A = 100 pounds + (50% of 1,000 pounds) =600 pounds (exceeds TPQ)Therefore, facility should inform their SERC & LEPC that facility issubject to emergency planning61

Emergency Response Plans(section 303)• LEPC required to develop an emergencyresponse plan for their community• Plan should be reviewed annually or morefrequently if changes occur• LEPCs have authority to request anyinformation from facility necessary fordeveloping & implementing emergencyresponse plan62

Elements of Emergency Response Plans(section 303(c))• Emergency plan should include, but arenot limited to, each of the following:– Identification of facilities subject to requirements that are withinemergency planning district– Identification of routes likely to be used for transportation of substanceson EHSs– Identification of additional facilities contributing or subjected to additionalrisk due to their proximity to facilities subject to requirements of thissubtitle, such as hospitals or natural gas facilities– Methods & procedures to be followed by facility owners & operators &local emergency & medical personnel to respond to any release of suchsubstances– Designation of community emergency coordinator & facility emergencycoordinators, who shall make determinations necessary to implementplan63

Elements of EmergencyResponse Plans• Procedures providing reliable, effective & timely notification byfacility emergency coordinators & community emergencycoordinator to persons designated in emergency plan, & topublic, that a release has occurred• Methods of determining occurrence of release & area orpopulation likely to be affected by such release• A description of emergency equipment & facilities in community& at each facility in community subject to requirements & anidentification of persons responsible for such equipment &facilities• Evacuation plans, including provisions for precautionaryevacuation & alternative traffic routes• Training programs, including schedules for training of localemergency response & medical personnel• Methods & schedules for exercising emergency plan64

Emergency Release Notification(section 304)• Applicable if both of these conditions aremet:– Facility at which hazardous chemical isproduced, used or stored; and– which there is release of a reportablequantity (RQ) of any extremely hazardoussubstance (EHS) or CERCLA hazardoussubstance65

Emergency Release Notification(section 304)• EPCRA notification is in addition toCERCLA release notificationrequirements:– SERC & LEPC (State or area likely to be affected byrelease)– Written follow-up of the notification (as soon aspracticable after release)– Notify 911 or operator for transportationrelated-releases (SERC or LEPC phone numbers arenot available)66

EPCRA section 304Reportable SubstancesCERCLAHazardousSubstancesEHSs67

EPCRA section 304 Exemptions• What is different from CERCLA?–NoPetroleum exclusion (if any EHSs are present inany petroleum product, notification under EPCRA section 304will apply)– Do not need to report releases solely withinfacility boundaries• All other CERCLA exemptions apply toEPCRA section 30468

EPCRA Release Notification:Reporting a ReleaseEPCRA ReportableRelease(CERCLA HazardousSubstance or EHS)Call SERC & LEPCImmediately(40 CFR §355.42)Written FollowupEmergencyNotice(40 CFR §355.42)69

Hazardous Chemical Reporting(sections 311 & 312) 40 CFR part 370Applicability:• Hazardous Chemicals (chemicals that require anMSDS) defined under OSHA HazardCommunication Standard (HCS), whichinclude EHSs• Exemptions under OSHA HCS• Exemptions under section 311(e)• Transportation Exemption (section 327)70

Exemptions under OSHA HCS• Examples of few exemptions underOSHA HCS:– Hazardous Waste: Hazardous waste is exemptedfrom the standard when subject to RCRA regulations– Consumer Products: Windshield wiper fluid for cars(however, an employee using windshield wiper fluid on a dailybasis is not exempt)– Articles: Stainless steel table, tires, adhesive tape, etc.For more details on these & other exemptions,see 29 CFR part 1910.120 (www.osha.gov)71

EPCRA section 311(e) Exemptions• Although OSHA HCS MSDS requirements may apply to thesesubstances, these are excluded from EPCRA sections 311 & 312:– Any food, food additive, color additive, drug or cosmetic regulated bythe Food and Drug Administration (e.g., chlorine to bleach flour)– Any substance present as solid in any manufactured item to extentexposure to substance does not occur under normal conditions of use(e.g., sheets of metal in storage)– Any substance to extent it is used for personal, family or householdpurposes, or is present in same form & concentration as productpackaged for distribution & use by general public (e.g., heating fuel at homesbut not in business buildings)– Any substance to extent it is used in research laboratory or hospital orother medical facility under direct supervision of technically qualifiedindividual (e.g., chemicals in school lab under supervision of science teacher)– Any substance to extent it is used in routine agricultural operations or isfertilizer held for sale by retailer to ultimate customer (e.g., ammonia used asfertilizer by farmer)72

Hazardous Chemical Reporting(sections 311 & 312)Thresholds:• EHSs – 500 lbs or TPQ whichever is less• Gasoline – 75,000 gallons (at retail gas station, storedentirely underground, in compliance at all times in previous calendar yearwith UST requirements)• Gasohol (90% gasoline & 10% ethanol) –75,000 gallons (at retail gas station, stored entirely underground, incompliance at all times in previous calendar year with UST requirements)• Diesel – 100,000 gallons (at retail gas station, stored entirelyunderground, in compliance at all times in previous calendar year with USTrequirements)• All other hazardous chemicals – 10,000 lbs73

Thresholds(sections 311 & 312)• Alternative Fuels (Ethanol & Methanolmixtures…E85, E95, M85), aviation fuel,heating fuel, kerosene:– Threshold for these substances (non-EHShazardous chemicals) is 10,000 pounds74

Hazardous Chemical Reporting• Two parts to hazardous chemical reporting:– Material safety data sheet (MSDS) reporting• One-time reporting requirement– Hazardous chemical inventory reporting• Annual hazardous chemical inventory due by March 175

Hazardous Chemical Reporting(section 311)Requirements:• Submit MSDS or list of hazardous chemicals grouped byhazard category that meet or exceed applicablethresholds to following three entities:– State Emergency Response Commission (SERC)– Local Emergency Planning Committee (LEPC)– Local Fire Department with jurisdiction over facility• One-time submission• Supplemental Reporting – Information on new chemicals& significant new information on already submittedchemicals – must be provided within 3 months76

Mixtures (section 311)• Submit MSDS for each component ofmixture or include list of hazardouscomponents of mixtureOR• Submit MSDS for mixture or includemixture itself on list of chemicals77

Hazardous Chemical Reporting(section 312)• Section 312 – Submit Inventory form (Tier I/Tier II orState form – paper form) for all hazardous chemicalspresent at facility at any time during previouscalendar year in an amount equal to or in excessof applicable thresholds. Report is due March 1annually– SERC–LEPC– Local fire department with jurisdiction over facility• Tier2 Submit or State Electronic format78

Mixtures (section 312)• If mixture contains hazardous chemicalthat is an EHS:– Aggregate total amount of EHS present inpure form & in mixtures to determine if itexceeded reporting threshold– Facility may report EHS on inventory form orreport mixture• Reporting must be consistent with MSDS or listreporting under section 31179

Mixtures (section 312)• If mixture contains hazardous chemicalsthat is not an EHS:– Choose to either aggregate non-EHShazardous chemical present throughoutfacility or total quantity of that mixture presentthroughout facility– Report non-EHS hazardous chemical ormixture on inventory form• Reporting must be consistent with MSDS or listreporting under section 31180

Exercise #1A facility has five significantly different mixtures that allcontain Aldicarb (116-06-3), an EHS. None of individualmixtures exceeds 500 pound threshold for Aldicarb.Does facility have to report anything?AldicarbA B C D50 lbs. 200 lbs. 450 lbs. 5 lbs.81

Exercise #2A facility wants to know about its reporting obligationsunder EPCRA sections 311 & 312. It is required to have &maintain MSDSs under OSHA for two mixtures, A & B,that are present at facility. The chemicals in mixtures arenot otherwise present at facility. What chemicals mustfacility report under EPCRA sections 311 & 312?MIXTURE Adicrotophos – 60 poundscreosote – 5,000 poundsMIXTURE Bdicrotophos – 90 poundscreosote – 6,000 pounds82

Exercise #3A facility wants to know whethersilver (7440-22-4) is reportableunder EPCRA sections 311 & 312.The facility has 7,000 pounds ofpure silver & also has 10,000pounds of a mixture that contains25% silver by weight. Is facilitysubject to reporting under EPCRAsections 311 & 312?83

Trade Secrets (section 322)• Any facility may withhold specific chemicalidentity of EHS or hazardous chemical reportedunder sections 303(d)(2), 303(d)(3), 311 or 312– Regulations 40 CFR part 350– Substantiation to accompany claims must besubmitted to EPA– May release chemical specific information to localgovernment personnel, doctors, nurse, healthprofessional provided that they submit statement ofneed & confidentiality agreement– Medical emergency (information must be providedupon receiving statement of need)84

Public Availability (section 324)• Each emergency response plan, materialsafety data sheet, list described in section311(a)(2), inventory form & follow-upemergency notice shall be made availableto general public shall be consistent withsection 322 (Trade Secrets)85

Questions?86

Clean Air Act (CAA)section 112(r)Risk Management Program87

Legislative Background• Clean Air Act Amendments (1990)– Process Safety ManagementStandard – PSM (1992)– Risk Management Program Regulation (1994-1996)– U.S. Chemical Safety and HazardInvestigation Board – CSB (1998)– Chemical Safety Information, Site Security,and Fuels Regulatory Relief Act –CSISSFRRA (1999)88

Clean Air Act section 112(r)• Established General DutyClause• Required EPA to list atleast 100 regulatedsubstances known tocause death or seriousadverse effects to humanhealth or the environment• Required EPA to promulgate regulations & guidance toprevent, detect & respond to accidental releases ofregulated substances• Regulations to include risk management plan (RMP)available to government officials & public89

General Duty Clause• Owners & operators havegeneral duty to:– Identify hazards associated withpotential accidental release of an“extremely hazardous substance”using appropriate hazardassessment techniques– Design & maintain safe facility,taking steps to prevent releases– Minimize consequences ofaccidental releases which do occur• Not limited to specific list ofchemicals or threshold quantities90

CAA section 112(r)(3) –Listing Criteria• List at least 100 substances known to causedeath, injury or serious adverse effects to humanhealth or environment if accidentally released• Required EPA to use, but not be limited by,EPCRA EHS list, with appropriate modifications• 16 specific substances mandated by statute• Listing criteria– Severity of acute adverse health effects– Likelihood of accidental releases– Potential magnitude of human exposure91

Substances Mandated forListing by CAA• Chlorine• Anhydrous ammonia• Methyl chloride• Ethylene oxide• Vinyl chloride• Methyl isocyanate• Hydrogen cyanide• Ammonia• Hydrogen sulfide• Toluene diisocyanate• Phosgene• Bromine• Anhydrous hydrogenchloride• Hydrogen fluoride• Anhydrous sulfurdioxide• Sulfur trioxide92

Final List of Regulated Substances• 77 toxic & 63 flammablesubstances listed based on:– Toxicity:• Inhalation LC 50 ≤ 50 mg/L air• Dermal LD 50 ≤ 50 mg/kgbody weight• Oral LD 50 ≤ 25 mg/kg bodyweight– Ambient physical state• Gas• Liquid with vapor pressure > 10 mm Hg– Flammability: NFPA 4 flammability (Flash point < 73 o F, Boilingpoint < 100 o F)– Production volume & accident history93

Mixtures & Solutions• Listed toxic mixtures containing > 1% listed toxicsubstance w/partial pressure > 10 mm Hg• Listed flammable mixtures containing > 1%listed flammable substance w/mixture exceedingNFPA 4 flammability criteria• Substances with specified concentrations:– Nitric Acid (≥80%)– Hydrofluoric Acid (≥50%)– Hydrochloric Acid (≥37%)– Aqueous Ammonia (≥20%)94

40 CFR Part 68Risk Management Program• The Risk ManagementProgram is designed to:– Prevent accidentalchemical releases to air– Minimize consequences ofreleases that do occur– Provide information aboutchemical hazards to public& government officials inorder to promote dialoguewith industry to reduce risk95

Applicability Criteria• Facilities meeting all of following criteriaare subject to 40 CFR Part 68:– Stationary source– With one or more regulated substances– Contained in aprocess– Above a thresholdquantity96

RMP Regulation – Exemptions• Transportation• Mixtures < 1% concentration (flammable & toxic)• Gasoline used as fuel for internal combustion engines• Naturally occurring hydrocarbon mixtures prior to processing• “Articles”• Specified uses:– As structural component of stationary source– For routine janitorial maintenance– As foods, drugs, cosmetics or other personal items– In process water, non-contact cooling water, compressed air or airused for combustion• Activities in laboratories• Anhydrous ammonia held by farmers for use as nutrient• Flammable substances used as fuel or held for retail sale• Outer continental shelf sources97

RMP Regulation – Requirements• Owner/operator requirements:– Conduct hazardassessment (offsiteconsequence analysis &five-year accident history)– Develop managementsystem & implement anaccident preventionprogram (except Program 1 processes)– Implement an emergency response program or plan– Submit Risk Management Plan (RMP) to EPA• RMPs available to government, limited public access98

Hazard Assessment• Five Year Accident History– Accidents resulting in deaths, injuries,significant property damage, evacuations,sheltering-in-place or environmental damage• Offsite Consequence Analysis– Worst-Case Release Scenario– Alternative Scenario (except Program 1)– Offsite Impacts• Residential population within endpoint distance• Presence of institutions, parks, recreational areas,major commercial, office & industrial buildings99

Simplified Illustration of Fictional Worst-Case andAlternative Release Scenarios on a Local MapSource has:2 regulated Toxic substances1 regulated Flammable substanceB AvenueC AvenueFlammable WCSSource BoundaryToxic ARS 2Toxic ARS 1A StreetRail SpurToxic WCS distance to endpoint0 1/2 1Miles100

Prevention Program Levels• Covered processes placed into one of 3“Program Levels”– Program 1 – processes with no public receptors inworst case scenario zone & no significantaccidents in last five years– Program 3 – processes not eligible for P1 that arealready covered by OSHA PSM or that are withinany of 10 specified NAICS codes– Program 2 – processes not eligible for P1 & notcovered by P3101

Program 3 Prevention Requirements• Process SafetyInformation• Process HazardAnalysis• Operating Procedures• Training• Mechanical Integrity• Management ofChange• Pre-Startup Review• Compliance Audits• Incident Investigation• EmployeeParticipation• Hot Work• Contractors102

Program 2 Prevention Requirements• Safety Information• Hazard Review• Operating Procedures• Training• Maintenance• Compliance Audits• Incident Investigations103

Emergency Response Program• Facilities may either use their own employees torespond or rely on public responders• Facilities that use their own employees torespond to accidental releases must have:– Written ER plan addressing response procedures,medical treatment, public & local authority notification– ER equipment inspection, testing & maintenance– Training for all employees in relevant procedures• Facilities that rely on public responders must:– Have appropriate notification mechanisms in place– Coordinate response actions with community ERplan or local fire department104

Risk Management Plans• Executive summary• Registration info: Facility ID, location, lat/long,chemical process info (e.g., NAICS, chemicalname, CAS #, quantity), etc.• 5-year accident history• Accident prevention program info: hazardanalysis methods, mitigation measures, etc.• Emergency response planning information• Offsite consequence analysis: Worst-case &alternative release scenarios105

Geographic Distribution of RMP Facilities

RMP Chemical Processes~ 14,000 facilities with~ 19,000 processes containing~ 24,000 vesselsAllOthersIsobutaneButane2%Ammonia (aq)2%Sulfur Dioxide3%Propane4%FlammableMixture13%Ammonia34%Chlorine16%PentaneFormaldehyde (so)IsopentaneHydrogen FluorideAll Others107

RMP Chemical QuantitiesPropylene1%Ethane2%Ethylene2%Isobutane3%Butane11%Ammonia13%Propane14%Flammable Mixture43%There are over 75 billionpounds of hazardouschemicals regulatedunder the RMP rule2-MethylpropenePentaneChlorineVinyl Chloride1,3-ButadieneAll Others108

RMP Industry SectorsOther 5%Food &Beverage14%Agriculture28%Water &Wastewater16%Energy16%ChemicalManufacturing21%109

RMP Reported Accidents5004003002001000'95 '96 '97 '98 '99 '00 '01 '02 '03 '04 '05 '06 '07# Accidents110

How OSHA, DOT & DHS RegulationsRelate to RMP Program• OSHA PSM coverage determines programlevel of many RMP-covered processes• Relationship to DOT coverage:– Facilities & pipelines regulated under 49 CFRpart 192, 193 or 195 exempt from RMP– Substances in transportation or storageincident to transportation exempt from RMP• DHS CFATS Appendix A list, thresholds &exemptions are based in part on RMPregulations111

Questions?• For more information, visit:www.epa.gov/emergencies112