epcra and lepc/serc
TRANSCRIPT
LEPC 101Lori ReedRebecca BroussardEPA
EPA CREATED
1970
Bi-Partisan Alarm and Support
https://www.youtube.com/watch?v=ZisWjdjs-gM
EPA An independent agency no obligation to promote agriculture or
commerce solely to protect and enhance the environment
Responsibilities research standard-setting monitoring and enforcement
Designated Focus
air pollution water pollution solid waste disposal radiation pesticides
Love CanalToxic Waste SiteSchool and residential community built on top300 homes evacuatedReclamation
C E R C L A
Concern about toxic sites, politically chargedComprehensive Environmental
Response, Compensation & Liability Act Prioritized list of sitesCreating a “Superfund” Originally taxed chemical and petroleum facilities Now paid for by taxpayers
The ReleaseChemical plant manufacturing insecticide
A large quantity of water mixed with methyl isocyanate (MIC)
The reaction forced a pressure release valve open
Middle of the night with minimal crew on site
Four systems designed to prevent or mitigate the accident failed
Several factors have been suggested as the cause:
Cost cutting measures to improve profitability
Unproven plant design
Poorly practiced maintenance and process safety
Sabotage
Extremely bad luck
Union Carbide Institute, West Virginia
Toxic Cloud Leaks at Union Carbide Plant
SARA Title III
1986Superfund Amendment and Reauthorization ActSARA
Title III EPCRA
http://www.ct.gov/serc/lib/serc/commisson_info/public_law_99.pdf
EPCRA
Emergency Planning and Community Right-to-Know Act
Focus on being preparedChemical hazards* Pre 9.11.2001
EPCRA described and designated …
SERCs, TERCs and LEPCs List of extremely hazardous chemicals Chemical inventory reporting regs Reporting regs for spills Reporting use and disposal of chemicals
EPCRA Terminology
• Extremely Hazardous Substance (EHS)• Hazardous Chemical • Threshold Planning Quantity (TPQ )• Reportable Quantity (RQ)• Safety Data Sheet (MSDS)• Section 312 (Tier II Report)
40 CFR Chapter 1 Subchapter J Part 355Section 301
SERCs TERCs and LEPCsSection 302
Notification for Planning
Section 303 Emergency Plans
Section 304Reporting of Accidents
Section 311-312 Reporting Requirements
Section 313Other Uses
Appendix A and B List of Hazardous Chemicals
In the beginning….
Governors and SERCsState Emergency Response Commissions
Section 301
SERC
No statuary regulation on members “broad based representation”
No wording about frequency of meetingsor content of meetings
SERC Responsibilities
Designate emergency planning districtsAppoint LEPCsReview and approve emergency plansEstablish public information request proceduresCommunicate health effects of trade secret
chemicalsReceive copies of Tier II reports
Section 301 – LEPCsLocal Emergency Planning Committees3,000 LEPCs, throughout the USGrass roots community involvement
Mandated LEPC MembersPolice, fire, civil defense, and public health
professionalsLocal officialsEnvironment, transportation, and hospital officialsFacility representativesRepresentatives from community groups and the
media
LEPC ResponsibilitiesMinimally:
appoint a chairperson establish rules by which the committee shall function create emergency plan public notification of committee activities develop procedures for receiving and processing requests from the
public for information, including Tier II information, and the designation of an official to serve as coordinator for information
Wide variation between districts
Albany LEPC
302 “Notification” Regulation
Emergency Planning and Community Right to KnowExtremely Hazardous Substances -- EHS
Facility to report: amount on-site (one time)emergency contact
No specified format or report
36
Section 303 Emergency Plan Create an emergency response planEvaluate resources needed to fulfill the planReview the plan annually
Emergency Response Plans WHAT :
facilities and transportation routes of EHS
potential affected areas
equipment and facilities and responsible parties
WHO: coordinators HOW:
evacuation plan
response procedures
notification procedures
training for emergency responders (including schedules)
exercises of emergency response plans (methods and schedules)
Some of the EPA Regulated Facilities in North Dakota
• Any facility
• experiencing a release or spill
• over the Reportable Quantity (List of Lists)
• of an EHS
• to immediately notify the LEPC, SERC/TERC and NRC
• and to follow up with a written notice.
Section 304 Spill Notification
Section 311 and 312
• A broader group of chemicals• “Hazardous Chemicals” • Same thresholds for 311 and 312
Section 311
Initial occurrence of chemical in inventory
Submit a one time notice
Hazardous Chemical (including EHSs)
Notification format – SDS Report
312 TIER II Reports
• Required annually• Hazardous Chemicals (including EHSs)• Submitted to the SERC/TERC, the LEPC, and the
local fire department. • Not the EPA
Tier II ReportsSoftware driven and complexContacts Types and amounts of chemicalsDescriptions of chemicalsLocation of chemicals
Submitted electronicallyEach state is a bit different
Section 313
This is for publication of how companies dispose of hazardous chemicals
This is information for the public
It is designed to inform the public
and encourage the public to
reward its good corporate citizens
Who reports?1. Specific NAIC industries
manufacturing mining electricity generators chemical distribution solvent recovery operations
2. 10+ full time equivalent employeesAND
3. If they manufacture, process, or otherwise use identified chemicals in the List of Lists
Chemicals
Since 1986 …
EPCRA and LEPCs do not exist in isolationNational Response Team and FEMA planning processesEOP All-HazardsExpectations for broad community preparations
Denver, October 14, 2016
A Big Job
And there’s more: RMP regulationsTools to help