EPCRA and LEPC/SERC

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