EPCRA &CERCLA 103

Release/Spill Reporting

May 13, 2015George Hess 913-551-7540

OSHA Hazardous Chemicals >500,000

EPCRA Section

302, EHSs (>360)

Hazardous Chemical,Hazardous Material,

Hazardous Substance,

EHSCERCLA

Hazardous Substances

(724)

EPCRA Section 304

Section 313 Toxic Chemicals

(>337)

CAA 112rRMP~140

DOT Hazardous Material 4-5000

SARA Title III List of Lists

Contains list of chemicals specifiedEPCRA, CERCLA, CAA 112(r)(7)

Shows reportable quantities (RQs) for EHS (EPCRA) and Haz Subs (CERCLA)

Latest dated March 2015 and available at: http://www2.epa.gov/epcra/consolidated-list-lists

CERCLA Release reporting

40 CFR 302Hazardous SubstanceRelease – From Facility/vessel to environment

When – Immediately Upon Knowledge

Who reports - “Any Person-In-Charge”

To whom – NRC (800) 424-8802 Need definitions see 40 CFR 302.3

What does not require reporting? Federally permitted releases Pesticide or fertilizer application Motor vehicle emissions Solely within the workplace-(OSHA covers) Radiation covered by Atomic Energy Act,

(Nuclear Regulatory Commission ie the other NRC or Uranium Mill Tailings Radiation Control Act

Exemptions

NO and NO2 < 1000 pounds from combustion

Animal WasteCERCLA air releases from animal waste at

Farms Heavy metals > 100 microns ( 0.004 inch)

CERCLA Petroleum Exclusion?

Under CERCLA, petroleum is generally excluded.Same ratio as crude oil Covered under OPA if in water

What is a Release to the Environment Under CERCLA?

"Release" is defined in CERCLA Section 101(22) as any "spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment (including the abandonment or discarding of barrels, containers, and other closed receptacles containing any hazardous substance or pollutant

or contaminant)."

Release must be from (offsite) facility/vessel over rolling 24 hour period

CERCLA 103 ReportingWhen?

Provide IMMEDIATE (15 Min) notification after knowledge over RQ notification via telephone or internet to:

National Response Center (NRC) (800) 424-8802

Knowledge = actual or constructiveWho notifies? – “Person in charge”

EPCRA release reporting 40 CFR 355.30

Extremely hazardous substance or CERCLA hazardous substance above RQ

Release likely to go offsite – From Facility/vessel

When – Immediately Upon Knowledge

Who reports - “owner/operator”

To whom – LEPC And SERCNeed definitions see 40 CFR 355.61

EPCRA 304

Applies at any facility where:A hazardous chemical is produced, used

or stored, andA release of a RQ of any EPCRA

extremely hazardous substance (EHS) or CERCLA hazardous substance (HS) (including air)

EPCRA for release notification includes vehicles as facilities

Special circumstances

Air releases from farms over specific animal number (large CAFO)

EPCRA has no petroleum exemption Exempt coal/coal ash from transportation

or piles

EPCRA 304 EMERGENCY RELEASE NOTIFICATION

Provide IMMEDIATE (15 Min)* notification via telephone, radio, or in person to:Emergency coordinators of any LEPC likely to be

affected by the release (usually 911)

Any TERC/SERC likely to be affected by the release

If a transportation accident call 911 or “O” unless at final destination

Who notifies? - Owner/operator

www.epa.gov/region7/chemical_risk_prog

SERCs in Region 7 Iowa (IDNR) -(515) 281-8694 (about to change next

2-4 months)

Kansas - (785)291-3333 (new as of Dec 1, 2014)

Missouri (MDNR) - (573)634-2436 Nebraska (NDEQ)- (877)253-2603 8am-5pm

(402)471-4545 5am-8am

Written follow-up

To LEPC & SERC within 30 daysSee 40 CFR 355.40(b)

Not required for transportation accidents

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Why 3 calls within 15 Minutes?

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In these emergency situations, every minute may count in taking effective action, and immediate notification of local authorities is essential. Ordinarily, delays in making the required notification should not exceed 15 minutes after the person in charge has knowledge of the release, and “immediate notification” requires shorter delays whenever practicable.

One problem that has emerged, however, is that notification of the National Response Center may not be relayed quickly enough back to the State and local authorities who must provide the first line of emergency response.

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The lessons of the past year have underscored the importance of effective reporting requirements, and tough penalties for failure to report releases.

QUESTIONS?