Slide 1

Report
PROJECT PROFILE
Landfill Gas CQA Services
EPCRA/TIER II REGULATIONS
EPCRA/TIER II Presentation Outline

AGENDA:
 Introduction
 History/Regulatory
Overview
 Compliance/Reporting Schedule
 What This Means for the Recycling
Industry
 Consequences = Costs
 Where to get more information
 Q&A
July 21, 2015
2
Introduction

Definitions
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July 21, 2015
EPCRA – Emergency Planning and Community Right
to Know Act; 40 CFR 355; sometimes referred to as
SARA Title III.
CERLCA – Comprehensive Environmental Response
Compensation and Liability Act
LEPC – Local Emergency Planning Committee
SERC – State Emergency Planning Committee
List of Lists – Title III Consolidated Lists of Lists on
EPA website,
EHS – Extremely Hazardous Substances – 40 CFR
355.30 Appendix A
TPQ – Threshold Planning Quantity
RQ – Reportable Quantity – 40 CFR 302.4 (CERCLA)
3
History
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Congress enacted EPCRA in 1986:
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July 21, 2015
Enforced by US EPA, managed by the SERC and LEPC.
40 CFR 355
Methyl Isocyanate Release at the Union Carbide chemical
processing plant in Bhopal, India in 1984
Applies to the storage, handling, production, and use of
hazardous materials
Requirement for communities to know about and be able to
respond to releases or emergencies at businesses that are
handling/storing/using hazardous chemicals in certain
quantities.
Sometimes referred to as SARA Title III
The principal reason for EPCRA is to provide planners,
responders, and citizens with information on the
manufacture, use, storage, and environmental release of
potentially toxic chemicals in their communities.
4
Regulatory Overview
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EPCRA has 4 parts:
 Emergency planning (Sections 301-303)
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Emergency release notification (Section
304)
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40 CFR 370.21, 370.25, 370.40, 370.41
Toxic chemical release inventory (TRI)
(Section 313)
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July 21, 2015
40 CFR 355.40
Hazardous chemical storage reporting, or
“community right-to-know” requirements
(Sections 311-312)
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40 CFR 355.30
40 CFR 372; list of chemicals – 40 CFR 372.65
5
Emergency Planning (Sections 301-303)
 Section 301 – State and Local Emergency Planning Coordinators; required to
develop & implement a community ER plan.
 Section 302 - If you store any of the EHSs at or in excess of the TPQs listed in 40
CFR 355 Appendix A or Title III Consolidated Lists of Lists on EPA website, you are
required to:
 Complete a Section 302 “Comprehensive Emergency Response Notification” form and
submit it to the SERC and LEPC
 Designate under Section 303 Comprehensive Emergency Response Plan a facility
emergency coordinator who will be responsible for communication with the LEPC in
emergencies.
 Facilities likely to report under Section 302 include:
 Sulfuric acid (EHS) in batteries sold, stored or used on site in excess of 500 lbs
(average car battery contains 5 lbs of sulfuric acid);
 Lead (other hazardous chemicals) in car batteries in excess of 10,000 pounds
(average car battery contains 18-20 pounds of lead);
 Gasoline, diesel, or propane in excess of 10,000 pounds (gasoline weighs 6.19 lbs,
diesel weighs 7.05 lbs, propane weighs 4.23 lbs at 60 F)
 Section 303 – requires facilities with quantities of EHSs at or greater than TPQ to
designate an Emergency Coordinator to communicate with the LEPC in emergencies.
July 21, 2015
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Emergency Release Notification (Section 304)
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Facilities must immediately notify LEPC and SERC, if
a release of a hazardous substance into the
environment equals or exceeds the RQ in 40 CFR 355
Appendix A or the RQs for the chemicals listed in 40
CFR 302.4 (CERCLA)
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July 21, 2015
Date, time, chemical name, estimated quantity,
media affected, hazards associated with chemical,
name, and phone number of contact person.
Facility must provide a written follow up notice to LEPC
and SERC as soon as possible after the release
updating information provided in the initial notification.
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Hazardous Chemicals Reporting
(Sections 311 and 312)
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July 21, 2015
Referred to as Community Right-to-Know Act or Tier I/II
OSHA regulations require employers to maintain MSDSs
on all hazardous substances stored/used at any
workplace; EPA has codified similar regulations under
Sections 311/312
Section 311 requires facilities with EHSs > 500 lbs or the
TPQ listed in Section 302 or other hazardous substances
> 10,000 lbs submit copies of or a list of MSDSs to the
SERC/LEPC/Local Fire Department
Report due by March 1 of each year
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TIER I FORM
Tier One
EMERGENCY AND HAZARDOUS
CHEMICAL INVENTORY
FOR
OFFICIAL
USE ONLY
Aggregate Information by Hazard Type
Important: Read instructions before completing form
ID#
Date Received
Reporting Period
From January 1 to December 31, 20 __
Facility Identification
Emergency Contacts
Name
___________________________________________________________
Name
Street
____________________________________________________________
City
County
State
Zip _________
NAICS Code
_________________________________
Title __________________________________
Phone (_____) __________________________
24 hour Phone (_____) ___________________
Dun & Brad Number
-
-
Owner/Operator
Name
Name
Title __________________________________
_______________________________________________________
_________________________________
Mail Address _______________________________________________________
Phone (_____) __________________________
Phone
24 hour Phone (_____) ___________________
______________________________________________________
Check if information below is identical to the information submitted last year.
Health Hazards
Physical Hazards
Hazard Type
Max
Amount
Average
Daily
Amount
Number of
Days On-Site
Fire
Sudden Release
of Pressure
Reactivity
Immediate
(acute)
Delayed
(acute)
Certification (Read and sign after completing all sections)
Range
Code
certify under penalty of law that I have personally examined and am familiar with the
information submitted in pages one through
, and that based on my inquiry of those
individuals responsible for obtaining the information, I believe that the submitted
information is true, accurate and complete.
01
02
03
04
05
06
07
08
09
10
11
_________________________________________________________________________
Name and official title of owner/operator OR owner/operator’s authorized representative
_________________________________________________________________________
Signature
Date Signed
EPA Form 8700-29
July 21, 2015
Check if site plan is attached
General Location
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* Reporting Ranges
Weight Range in pounds
From.....
To......
0
100
1000
10,000
100,000
1,000,000
10,000,000
50,000,000
100,000,000
500,000,000
1 billion
99
999
9,999
99,999
999,999
9,999,999
49,999,999
99,999,999
499,999,999
999,999,999
Higher than 1 billion
TIER II FORM
Tier Two
EMERGENCY
AND
HAZARDOUS
Facility Identification
Owner/Operator Name
Name
Name
Street
City
Mail Address
County
State
Phone
Emergency Contact
NAICS
Code
Dun & Brad Number
FOR
OFFICIAL
USE
ONLY
Specific
Information
by Chemical
Name
Phone
(
)
Title
24 Hr. Phone
(
)
Name
Phone
(
)
Title
24 Hr. Phone
(
)
ID #
Date Received
Important: Read all instructions before completing form
Reporting Period
Physical
and Health
Hazards
Chemical Description
From January 1 to December 31, 20
[ ] Check if information below is identical to the information submitted last year.
Storage Codes and Locations
(Non-Confidential)
Inventory
(check all that apply)
Trade
Secret
CAS
Chem. Name
[]
[]
[]
[]
[]
[]
Pure
Mix
Solid
Liquid
Gas
EHS
EHS Name
Trade
Secret
CAS
Chem. Name
Check all
that apply
[]
[]
[]
[]
[]
[]
Pure
Mix
Solid
Liquid
Gas
EHS
EHS Name
Trade
Secret
CAS
Chem. Name
Check all
that apply
[]
[]
[]
[]
[]
[]
Pure
Mix
Solid
Liquid
Gas
EHS
EHS Name
Storage Locations
[ ] Fire
[ ] Sudden Release
of Pressure
[ ] Reactivity
[ ] Immediate (acute)
[ ] Delayed (chronic)
Max. Daily
Amount (code)
[ ] Fire
[ ] Sudden Release
of Pressure
[ ] Reactivity
[ ] Immediate (acute)
[ ] Delayed (chronic)
Max. Daily
Amount (code)
[ ] Fire
[ ] Sudden Release
of Pressure
[ ] Reactivity
[ ] Immediate (acute)
[ ] Delayed (chronic)
Max. Daily
Amount (code)
Avg. Daily Amount
(code)
No. of Days
On-site (days)
[]
Avg. Daily Amount
(code)
No. of Days
On-site (days)
I certify under penalty of law that I have personally examined and am familiar with the information submitted in pages one through
, and that based
on my inquiry of those individuals responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete.
Name and official title of owner/operator OR owner/operator’s
authorized representative
[]
Avg. Daily Amount
(code)
No. of Days
On-site (days)
Certification (Read and sign after completing all sections)
July 21, 2015
)
Zip
CHEMICAL
INVENTORY
Check all
that apply
(
Signature
Date signed
10
[]
Optional Attachments
[ ] I have attached a site plan
[ ] I have attached a list of site coordinate abbreviations
[ ] I have attached a description of dikes and other
safeguards measures
Toxic Chemical Release Inventory
(Section 313)
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July 21, 2015
TRI Reporting
Certain facilities must complete an inventory form every year
for submittal to EPA based on releases and waste
management of toxic chemicals during the preceding calendar
year
Must report:
 Name, location, type of business
 Whether chemical is manufactured, processed, or used
 Amount present
 Quantity of chemical entering air, land, and water annually
 Off-site recycling/disposal/reuse facilities
 Waste treatment and disposal methods
Information submitted to EPA is entered into their TRI
database that is available to the public
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EPCRA Chemicals and Reporting Thresholds
Chemicals
Covered
Section 302
Section 304
Sections 311/312 Section 313
350+ EHSs
>1,000
substances
500,000 products
650 toxic
chemicals and
categories
RQs, 1-5000
lbs, released
in a 24-hour
period
TPQ or 500 lbs
for Section 302
chemicals;
10,000 lbs on site
at any one time
for other
chemicals (nonEHSs)
25,000 lb/year
manufactured
or processed;
10,000
lbs/year used;
certain PBTs
have lower
thresholds.
Thresholds TPQs 1-10,000
lbs on site at
any one time
July 21, 2015
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Compliance/Reporting Schedule
Section 302 One time notification to SERC/LEPC;
within 60 days of exceeding the TPQ
Section 304 Each time a release above a RQ occurs;
report to LEPC/SERC/National Response
Center
Section 311 One time submission; update only for new
chemicals/information to SERC/LEPC,
Local Fire Department
Section 312 Annually, by March 1 to SERC/LEPC/Local
Fire Department; may involve fees in some
states (Wisconsin)
Section 313 Annually, by July 1 to EPA and State
July 21, 2015
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What This Means for the Recycling Industry
July 21, 2015
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What This Means for the Recycling Industry
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July 21, 2015
Increased scrutiny by federal, state and local agencies.
Developing an emergency response plan that includes
any hazardous materials that are on site.
Updating inventory of any hazardous materials that are
processed, manufactured or used on site.
Training of personnel to recognize what materials fall
under the regulations.
Potential to receive fines and be placed under consent
orders.
Greater transparency in daily operations of facilities.
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Consequences/Costs
July 21, 2015
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Consequences/Costs
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Levels of Action
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Notices of Noncompliance – if issued, the violator has 30 days from the
date of issuance to come into compliance; failure to do so may result in civil
administrative complaint.
Civil Administrative Penalties
Civil Judicial Referrals- may refer civil cases to the United States
Department of Justice for assessment and/or collection of the penalty.
Criminal Sanctions- willing failure to comply to EPCRA § 304 can be fined
up to $25,000 or imprisoned for not more than two years, or both. Second
conviction can be fined up to $50,000 or imprisoned for not more than five
years, or both.
Fines and penalties.
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Fines can levied for recent incidents as well as backdated to include past
discrepancies.
Determination of the base penalty:
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July 21, 2015
The “Nature” of the Violation
The “Extent” of the Violation
The “Gravity” of the Violation
The “Circumstances” of the Violation
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Consent Agreements and SEPs
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Consent Agreement and Final Order
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Consent Agreement - a negotiated agreement of the parties to a lawsuit
which resolves the disputed issues and is sanctioned by the court.
May include not only fines or penalties but a Supplemental Environmental
Project (SEP).
SEP’s include the type of action required to come into compliance and
typically a minimum amount of funds to be allocated to ensure compliance.
Example of an SEP:
 As a result of a chlorine spill HighWire Company is to spend $26,127 to
perform SEPs. The SEP categorized as a Pollution Reduction SEP requires
HighWire to install automatic shut off valves for machines that use chlorine.
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Examples of penalties
Examples were taken from www.epa.gov
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As a result of a release of anhydrous ammonia on August 2, 2007above RQ and
failure to notify both SERC and LEPC, ABC Metals, Corp. agreed to complete a
SEP spending a minimum of $42,492, pay a penalty of $3,929 for CERCLA
violations and $7,179 for EPCRA violations.
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EPA found that for calendar years 2003, 2004, and 2005, Travolta Polyester, Inc.
failed to submit Hazardous Chemical Inventory forms for four hazardous
chemicals present at the South Carolina facility to SERC and LEPC and the local
fire department, as required by Section 312 of EPCRA. The Respondent agreed
to pay a penalty of $7,190 for the EPCRA violations.
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On August 5, 2005, Region 4 filed a CAFO to resolve alleged violations of
EPCRA Sections 311 and 312 with Obama Healthcare Group LP. The violations
were a result of the Respondent’s failure to submit a MSDS and an emergency
and hazardous chemical inventory form for sulfuric acid to the SERC, LEPC and
local fire department. Respondent agreed to pay a penalty of $26,975 for the
violations.
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HNO3 Chemical Company received a CAFO for failure to submit a Form R for
nitric acid for calendar years 2001, 2002 and 2003, and did not report sulfuric
acid to SERC, LEPC and local fire department for the aforementioned years. The
CAFO resolves these alleged violations of EPCRA, and the Respondent agrees
to pay a civil penalty of $20,815 in installments.
July 21, 2015
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Where To Get More Information
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EPCRA Hotline:
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(800) 424-9346
 TDD: (800)553-7672
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USEPA Chemical Emergency Preparedness and
Prevention Office (CEPPO)
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July 21, 2015
www.epa.gov/CEPPO
Local LEPC/SERC/Fire Department Contacts
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Thank you for this
opportunity…any questions?
July 21, 2015
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