SARA TITLE III Emergency Planning and Community Right-toKnow Act (EPCRA) of 1986

HOW DID WE GET HERE? WHY SHOULD YOU CARE? WHAT DOES IT MEAN TODAY?  IT

IS IMPORTANT TO UNDERSTAND THE ANSWERS TO THESE QUESTIONS.

 BUT  IT

FIRST, BHOPAL DEFINES WHERE WE STARTED AND WHY

WHY WAS BHOBAL SUCH A BIG DEAL? 

CERTAINLY NOT THE FIRST MAJOR INDUSTRIAL ACCIDENT



IT WAS THE LARGEST LOSS OF LIFE BY TWO ORDERS OF MAGNITUDE



GROWING POLITICAL CONCERN OVER THE IMPACT OF DEVELOPED COUNTRIES ON DEVELOPING COUNTRIES



“TOXIC CHEMICAL” KILLED INNOCENTS AS THEY SLEPT IMAGERY

• Bhopal India 1984 • At least 15,000 killed/hundreds of thousands injured

 EPCRA

WASN’T THE FIRST RESPONSE TO BHOPAL

 THE

UNITED NATIONS ENVIRONMENT PROGRAM CREATED APELL  ALL-HAZARDS,

COMMUNITY BASED AWARENESS AND PLANNING

 MANY

COUNTRIES HAVE THEIR OWN PROGRAMS BASED ON APELL

APELL Process

APELL

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APELL

Expected APELL results • Enhanced local knowledge of industrial and natural hazards • Informed community about the risks they are exposed to • Educated community on their responsibilities to react to accidents/disasters • Promotion of co-ordination between representatives from the industry, local institutions and the public • Preparation of an integrated plan for community response to emergencies

APELL

The latest handbook is available at: http://apell.eecentre. org/Home.aspx

EPCRA - 3 DISTINCT STATUTES (written 30 years ago…) • SUBTITLE A o EMERGENCY PLANNING & REPORTING §303-304 • SUBTITLE B o COMMUNITY RIGHT-TO-KNOW §311-312 o TOXIC RELEASE INVENTORY §313

Today We Look at Emergency Incidents a Bit Differently – A continuum…… RECOVERY

EFFECTIVE AND SAFE RESPONSE

PREVENTION AND MITIGATION

PLANNING & PREPARING

How to Adapt to the Modern World • EPCRA – Emergency Planning & Community Right to Know • HAZMAT Transportation – Placards/Routes/ERG • CERCLA – Comprehensive Environmental Response, Compensation and Liability Act • CAA 112r – Clean Air Act’s Risk Management Planning (RMP)

EPCRA • Emergency Planning Framework & Emergency Response Planning Sections 301 & 303 • Emergency Planning Notification Section 302 • Emergency Release Notification Section 304 • Chemical Inventory Reporting Sections 311 & 312 • Toxic Chemical Inventory Reporting Section 313

Establishment of State Commissions, Planning Districts & Local Committees (Section 301) • State Emergency Response Commissions (SERCs) • Local Emergency Planning Committees (LEPCs) for each planning district • Members of LEPCs include representatives from local government, law enforcement, civil defense, fire fighting, first aid, health, media, community groups, facilities, etc.

In Colorado….. • Colorado Emergency Planning Committee (CEPC) o Statutory Members– OEM, CDPHE, CSP, DFPC, DOLA o Others appointed by Exec. Dir. – Local Elected Official, Industry, LEPC, Public Interest, Community Group

• Local Emergency Planning Districts (LEPDs) • Local Emergency Planning Committees (LEPCs) City

County

Regional

• Annual LEPC Roster “approval” by CEPC o Statutory Immunity §24-33.5-1505, CRS.

• Encourage broad-based membership

Emergency Planning Notification (Section 302) • Applicable to any facility that has an Extremely Hazardous Substance (EHS) present at any time at or above its Threshold Planning Quantity (TPQ) • EHSs & their TPQs are codified in 40 CFR part 355 o “List of Lists” on your USB drive

Emergency Planning Notification (Section 302) FACILITY REQUIREMENTS: • One-time notification to SERC & LEPC if any EHS is present in an amount ≥TPQ -

60 days after facility becomes subject to requirements

• Designate facility emergency coordinator • Provide any information necessary for developing & implementing local emergency plan

In Colorado….. • Original requirement for 302 notification was DECADES ago • New Tier II requirement to update 302 information (facility emergency coordinator) • Education, outreach, awareness…..

Emergency Response Plans (Section 303) • SERC shall designate local emergency planning districts and appoint LEPC for each district • SERC shall establish procedures for public requests for information collected under EPCRA • SERC shall review emergency plans • SERC shall supervise activities of LEPCs

In Colorado….. • Most LEPDs have active LEPCs • Maintain public email addresses on CEPC website – update yours! • Some LEPCs have websites – links posted on CEPC website • Public requests for information – National Association of SARA Title III Program Officials (NASTTPO) guidance • CEPC supervise activities and review plans? o Not so much…. o Encourage, support, educate, guide…. yes!

Emergency Release Notification (Section 304)

Reports required when:

• There is release of a reportable quantity (RQ) of any extremely hazardous substance (EHS) or CERCLA hazardous substance • Complex – When in Doubt Report!

EPCRA 304 (& CERCLA 103) (Reporting Spills and Releases) • Sister provisions under two statues o CERCLA in 1980 o EPCRA in 1986

• Ensures that all levels of government are notified of potential emergencies

CERCLA Hazardous Substances

(≈800 substances + radionuclides)

EPCRA Extremely Hazardous Substances

(≈360 substances)

Reportable releases must be reported to the SERC and LEPC only.

≈200 EHSs are also HSs

By reference in EPCRA 304, all HSs are covered by the requirements in EPCRA 304

Reportable releases of these chemicals must be reported to the NRC, SERC and LEPC.

Reportable releases of these chemicals must be reported to the NRC, SERC, and LEPC

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EPCRA 304 Basics • Beyond CERCLA (NRC) - Notify state & local levels • Include EPCRA defined EHS’s in addition to CERCLA HS’s • Each EHS has its own RQ • Covers accidental and un-permitted releases • Notification may go to NRC, SERC, & LEPC • Follow up letters to SERC & LEPC (no later than 2 weeks) • Both fixed facility and transportation events are covered 23

The Basics: Reporting a Release CERCLA Reportable Release (Hazardous Substance) Call NRC Immediately (40 CFR §302.6(a)) Newspaper Notice CERCLA §111(g)

EPCRA Reportable Release (Hazardous Substance or EHS) Call SERC & LEPC Immediately (40 CFR §355.40(b)(1)) Written Follow-up Emergency Notice 40 CFR 355.40(b)(3)

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Notifications and RQs Definition of RQ: a quantity of a designated substance, the release of which triggers reporting requirements

• RQ estimates are to be based on 24 hour timeframes o Doesn’t mean you get to wait 24 hours

• “Immediate” notification required o More than 15 minutes has resulted in enforcement

• Late calls, third party calls can be basis of enforcement actions

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Hazardous Chemical Reporting (Section 311) • Submit MSDS or list of hazardous chemicals: o meet or exceed applicable thresholds o 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 – New chemicals & significant new information – within 3 months

Hazardous Chemical Inventory Reporting (Tier IIs) – Section 312 • Facilities regulated by OSHA • Hazardous Chemicals as defined by OSHA  Any thing* that exhibits a physical or health hazard

• Over 500,000 things are hazardous chemicals • Peak storage amounts are used to determine if reporting needed • Chemicals in the List of Lists have lower TPQ; all others have TPQ of 10,000 pounds * thing is defined as any chemical, mixture, even solid if potential for exposure to hazard 27

Tier II information includes: • Chemical name • Maximum amount present (estimate) • Average daily amount (estimate) • Manner of storage (code/description) • Location at the facility

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Who gets the Tier II data? Who should get Tier II data? • STATE AND LOCAL DESIGNATED AGENCIES - SERC, LEPC, and Fire Department • EPA DOES NOT RECEIVE REPORT • COMMUNITY RIGHT-TO-KNOW

o Data Is Important For All Community Planning – Share it! o Future Plans For Web-based Availability

In Colorado….. • Colorado Dept. of Public Health & Environment (CDPHE) receives/handles Tier II reports for CEPC • Electronic reporting requirement – CO Regulation • “One Stop” Reporting in effect • Tier 2 Submit (T2S) files for 2016 data – available at this conference! • Import to CAMEO/MARPLOT, for visual emphasis on hazards via “kml” map. 30

EPCRA 313 or TRI (Toxic Release Inventory) Provides information on the: • Presence, • Annual releases to the environment, and • Waste management activities of EPCRA Section 313 toxic chemicals in their communities •Available on-line 31

Miscellaneous EPCRA Considerations • Trade Secret Exemption

o EPA approval required – application process o Must still report generic class/category to LEPC/FD/CEPC

• EPCRA Information Available To The Public o Exception for Location Information on Tier II o LEPCs should have a Process for Requests

• Enforcement o o o o

Criminal and civil provisions Fines start at $25,000 Citizen suit provisions LEPC can file suit • 311/312 and 303(d)(3) • Federal Court

Resources • Helpline: (EPCRA Call Center): Phone: (800) 424-9346 or (703) 412-9810 Email: [email protected] • EPA List of Lists - Regulated Substances): http://www2.epa.gov/epcra/consolidated-list-lists • EPA On-Duty On-Scene Coordinator:

Each Region has a 24 Hour Emergency Contact

• National Response Center:

800-424-8802 (24 Hour Emergency Contact)

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“ENFORCEMENT” • EPCRA AND RMP EXIST TO PROVIDE CRITICAL INFORMATION TO THE LOCAL COMMUNITY AND FIRST RESPONDERS • “ENFORCEMENT” BY LEPCs IS ABOUT GETTING THE INFORMATION • LEPCs HAVE A LOT OF AUTHORITY

EPCRA §303 • EPCRA § 303(d)(3) states, “ Upon request from the emergency planning committee, the owner or operator of the facility shall promptly provide information to [the LEPC] necessary for developing and implementing the emergency plan.” • If the facility fails to provide the information requested under §303(d)(3), an LEPC may sue for failure to provide the information.

Tier II “information” • EPCRA § 312(e)(1) requires the facility to provide Tier II information to an LEPC upon request. • Tier II information includes: o o o o o

chemical name an estimate of the maximum amount present an estimate of the average daily amount a description of the manner of storage the location at the facility

LEPC legal authority • Sec. 11046 . Civil actions o (B) Any State emergency response commission or local emergency planning committee may commence a civil action against an owner or operator of a facility for failure to provide information under section 11003(d) of this title or for failure to submit tier II information under section 11022(e)(1) of this title.

How do you file suit? • Federal Court where the LEPC and facility are located – e.g. Colorado • Easy to do • Experience indicates that facilities rapidly come into compliance

Practical Application of EPCRA LEPC 101 - Beyond the Basics

“Tell me what I need to do to be a successful LEPC...then help me see what others are doing that will help me get there!” Now that you’ve heard about the law and the tools you can use IN the law… • What do YOU think is a “successful” LEPC for your community? • What are some of the challenges you face as an LEPC? • Areas you wish you knew more? • Skills that would help you be more effective?

A Little PERSPECTIVE… In Most Communities A “Routine” Accident Is The Greatest Risk o Responders, public & workers still routinely hurt o Too much reliance on standards, lists & thresholds to define risk o Public does not have a sense of responsibility

GOLDEN RULES for LEPCs • Know the hazards in your community. o o o o

Where there are hazardous substances? What are the natural hazards? What are the response capabilities? What are the public capabilities?

• Educate public and business o What can happen to you? o What are their obligations?

• Create participation and cooperation o Public, authorities & industry o Have high expectations

PRAGMATIC VIEW OF COMMUNITY PREPAREDNESS Ordinary Skills Can Be Applied To Extraordinary Situations… o You don’t need expensive stuff o You don’t need hours and hours of training o You need planning and foresight: • think out scenarios in advance • train for categories of hazards • practice how you play o Make a plan, Stay informed, Get involved!

FEMA Guidance – CPG 101 “When threatened by … emergencies or disasters, people expect elected or appointed leaders to take immediate action... They expect the government to marshal its resources… and solicit assistance from outside the jurisdiction if necessary. The elected leaders in each jurisdiction are legally responsible for ensuring that … actions are taken to protect people and property...” Realistically must use mutual aid agreements and involve the private sector”

INTEGRATED PLANNING • “Each jurisdiction … should develop plans that define the scope of necessary activities for preparedness, emergency management, and incident response for that jurisdiction.” • “… jurisdictions should also develop scenario-specific plans or annexes derived from their threat assessment.” • “These plans should describe organizational structures, roles and responsibilities, policies, and protocols … should be flexible … should be comprehensive enough to meet the wide variety of public needs that may arise.” • “IDENTIFY AND FILL CAPABILITY GAPS”

How do LEPCs get information? • Tier II Reports • Risk Management Plans (RMP) • §303(d)(3) Requests • Invite facilities to LEPC meetings to discuss their capabilities, expectations & plans

Use Facility Tier II reports There are two good options: • You can download and use Tier II Submit:

http://www.epa.gov/emergencies/content/epcra/t ier2.htm#tierii

• You can download and use CAMEO:

http://www.epa.gov/emergencies/content/cameo /cameo.htm

Tier 2 Submit – • New version every year • Designed to work with CAMEO • See Tim or Derek to get your T2S 2015 files during the conference.

CAMEO Suite – • Suite of 4 programs • Designed to work with T2S • Improved interface • Installer software is on USB drive,

Risk Management Plan (RMP) Clean Air Act of 1990, Section 112(r) Chemical accident prevention at facilities for substances that pose the greatest risk of harm from accidental releases •

Toxic Substances o Thresholds range from 500 to 20,000 pounds

•

Flammable Substances o Threshold is 10,000 pounds

part of the plan….”Emergency response coordination with local response community.”

Colorado RMP Chemicals Top 10 Toxic Chemicals Reported

Colorado RMP Chemicals Top 10 Flammables Reported

HOW PREPARED ARE RMP FACILITIES? An historical EPA Review showed: • 50% had no emergency response capabilities • Their plan was calling “911” • Almost all indicated they had a plan in their RMP • The issue for LEPCs is what “action” will these facilities take? RMP Changes may be coming! Thursday pm presentation…..

EPCRA §303(d)(3) Requests o Facility Emergency Plan o Detailed Site Map o Chemicals in transport – route, schedule (Specific Commodity Flow Studies) o Other planning information, as needed

And now…the rest of the story! • Other good sources of information • LEPC activities around Colorado – examples of great ideas • Support for LEPC activities 55

GOLDEN RULES for LEPCs • Know the hazards in your community. Where there are hazardous substances? o What are the natural hazards? o What are the response capabilities? o

o

What are the public capabilities?

• Educate public and business What can happen to you? o What are their obligations? o

• Create participation and cooperation o public, authorities & industry o have high expectations

Other Information Sources • Spill data • Highway • Pipeline • Railroad

 CDPHE Spill Tracking  ERNS Database  CSP Hazmat Teams  Commodity Flow Studies  NPMS Public Map Viewer  Colorado Pipeline Association

 Rail CFS Requests  TRANSCAER 57

CDPHE Spill Tracking

NPMS Public Viewer

Rail Resources (continued) Great support from Union Pacific and BNSF: • Both present at last year’s conference • Both present at this year’s conference – IGNITE session

GOLDEN RULES for LEPCs • Know the hazards in your community. o o o o

Where there are hazardous substances? What are the natural hazards? What are the response capabilities? What are the public capabilities?

• Educate public and business o What can happen to you? o What are their obligations?

• Create participation and cooperation o Public, authorities & industry o Have high expectations

Great LEPC Ideas Capabilities • Specific & Targeted - Training, Drills & Exercises • Integrate Closely with Fire Planning Activities • Visual Representation of Hazards and Vulnerabilities o o o o o

CAMEO/MARPLOT Rapid Assessment Maps GIS (or similar) KML (Google Earth) All Hazards Integration – Tier II Facilities on Flood Plain maps 66

GOLDEN RULES for LEPCs • Know the hazards in your community. o o o o

Where there are hazardous substances? What are the natural hazards? What are the response capabilities? What are the public capabilities?

• Educate public and business o What can happen to you? o What are their obligations?

• Create participation and cooperation o Public, authorities & industry o Have high expectations

Great LEPC Ideas Education Educate Public & Businesses o o o o o o o o

LEPC Brochure Safety Fair Activities Targeted Meetings Facility Reporting Trainings/Workshops CEPP Workshops Informational Speakers/Facility Presentations LEPC Website LEPC Emails

GOLDEN RULES for LEPCs • Know the hazards in your community. o o o o

Where there are hazardous substances? What are the natural hazards? What are the response capabilities? What are the public capabilities?

• Educate public and business o o

What can happen to you? What are their obligations?

• Create participation and cooperation

o Public, authorities & industry o Have high expectations

Great LEPC Ideas Participation • Facility Field Trips & Involved Industry o Visit Tier II Facilities – host meetings, tours o Great Industry Participation o Fire/LEPC Meetings for Business Community

• Award/Reward Excellence o Excellence Program o CEPC Partner Award o Good Neighbor Award o Recognize and reward good partners

LEPC Support CEPC Website – o Partners – OEM, CDPHE, CSP, FPC, EPA8, NASTTPO o CEPC Members and CEPC History o LEPC Contact Information/Websites o CEPC Meetings – Agendas, Minutes o Resources – HMEP, Tier II, LEPC Basics o Conference – Presentations, Save the Date o CAMEO Information

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http://www.dhsem.state.co.us/division/committees/colorado-emergencyplanning-commission

LEPC Support • CEPC Website • Tim Gablehouse’s email distribution list • CEPC Assistant o Current issues/questions o EPCRA/Chemical Hazard Info/LEPC Assistance

• EPA Region 8 – Preparedness Unit 74

Resources • EPCRA cheat sheet! • EPCRA Resources • List of Lists (March 2015) • RMP List by County on USB drive • Conference o Speakers – contact information, handouts o Network with LEPCs from around state o USB Drives – LOTS of information o CEPC Website – presentations will be posted

Our charge to you…. • Honor your community conditions/priorities o What’s YOUR vision of success?

• Understand the hazards • Realistically understand capabilities o Public and Private o Exercising helps the “realistic” part o Communicate to create realistic expectations

• Strategic plan to fill gaps o Community values and priorities

• Do projects that fill gaps – measure success

Questions? Tim Gablehouse

Fran Santagata

[email protected]

[email protected]

(800) 818-0050

720-237-7514