EPCRA Emergency Planning and Community Right-to-Know Suzanne Powers [email protected] 360-753-9475 Environmental Protection Agency Region 10 1.

EPCRAEmergency Planning and Community Right-to-Know

Suzanne Powers [email protected]

Environmental Protection Agency Region 10

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Whoops!Whoops!Chemical Spill?

What Chemical Spill?

Anybody here know anything

about a chemical spill?

Chemical Spill?

What Chemical Spill?

Anybody here know anything

about a chemical spill?

EPA Region 10

Alaska Idaho Oregon Washington

Region 10 Organization

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Office of Compliance and Enforcement (OCE)

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Immediate Office

Edward J. KowalskiDirector

Lauris C. DaviesAssociate Director

Air/RCRA Compliance Unit

Scott E. DowneyManager

Ground Water Unit

Peter Contreras Manager

Inspection and Enforcement

Management Unit

Kimberly A. OgleManager

NPDES Compliance Unit

Jeff KenKnightManager

Pesticides and Toxics Unit

Kelly McFaddenManager

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Region 10 EPCRA Staff Suzanne Powers, Coordinator 360-753-9475 Idell Hansen 360-753-9428 (SEE) Kathleen LeGreid 360-753-9477 (SEE)

EPA’s Enforcement Process

Environmental problem is identified Congress passes laws to address EPA issues regulation to implement Compliance assistance helps regulated

community understand and comply with the law.

EPA/States/Locals enforce regulations

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What is EPA’s role? (EPA’s enforcement goals)

Aggressively enforce against facilities that fail to report releases and storage of extremely hazardous chemicals

Back up the States, Tribes and LEPC’s by enforcing EPCRA/CERCLA reporting regulations.

Encourage Facilities to engage in SEP’s during settlement.

EPA’s Enforcement Process

Compliance monitoring asses compliance through inspections and other activities

Enforcement actions are initiated when the regulated community does not comply

Protection of public health and the environment

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What initiated these laws?

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Federal Regulations

CERCLA (aka Superfund) – 1980 SARA Title III – Oct 17, 1986 SARA Title III = EPCRA Clean Air Act 112r Risk Management 1999

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Recent disasters show the importance of emergency planning/response and enforcement

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West, Texas explosion, April 20, 2013

EPCRA 304- CERCLA 103 Enforcement-Release Reporting

In the event of a spill or release of a hazardous substance at a facility, the owner/operator must make immediate notification to appropriate response agencies

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EPCRA 311 & 312 Enforcement-Hazardous Chemical Inventory Reporting

Facilities that store more than the threshold planning quantity of a hazardous substance. 500 pounds or less for extremely hazardous

substances (named in the regulation) 10,000 pounds for all other substances that require

a material safety data sheet. Report within 60 days of bringing a chemical on

site (311) and each year by March 1 of the following year. (312)

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Region 10EPCRA Enforcement Priorities

Facilities that do not report their releases to: NRC (CERCLA 103) SERC and LEPC (EPCRA 304)

Facilities that do not report their chemical inventories, Tier II’s (EPCRA 311 & 312)

Environmental justice communities High risk facilities Supplemental Environmental Projects (SEP)

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EPCRA Enforcement in Region 10Building an Enforcement Case

Identifying out of compliance facility: NRC and State Spill Reports U.S. Chemical Safety Board website Referrals from state and local government News-Media reports.

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EPCRA Enforcement in Region 10Building an Enforcement Case

Gathering Information NRC and State Spill Reports Contact with local and state emergency

responders and agencies CERCLA 103 Information Request to facility. Inspections

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Inspection Process

Introduction and Entry Records Review Facility Walk-Through Closing Conference Follow-up

Correspondence

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Typical Enforcement Options

Information Request Warning Letter Notice of Violation Pre-filing Letter Administrative and Civil Complaints Emergency Actions Penalties/Injunctive Relief/SEPs Criminal Prosecution Debarment Expedited Settlement

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EPA Region 10 EPCRA/CERCLA Inspections

2008-2012

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2008 2009 2010 2011 20120

20

40

60

80

100

120

140

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4 310

106102

5065

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EPCRA 302/311/312

EPCRA 304/CERCLA103

EPA Region 10 EPCRA Penalties2008-2012

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2008 2009 2010 2011 2012$0

$500,000

$1,000,000

$1,500,000

$2,000,000

$2,500,000

EPCRA 311/312EPCRA 304/CERCLA 103

EPA Region 10 EPCRA Penalties2008-2012

EPCRA 302-312 Penalties are for all en-forcement actions at a facility (not just EPCRA).

Unisea Alaska Case Largest Civil EPCRA/CERCLA Penalty Ever

paid. $230,750. $133,250 civil penalty pursuant to Section

109 of CERCLA (aka Superfund), $975,000 civil penalty pursuant to Section 325 of EPCRA (Emergency Planning and Community Right-to-Know Act),

Total penalty including state laws: $1,909,375.

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Supplemental Environmental Policy SEP Projects must have nexus with violation 25% of penalty must be paid in cash No cash directly given, no salaries paid Facilities can get a maximum of 80 Cents for

each dollar spent on the project Projects with tie in to local community valued

higher EJ communities get higher value

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EPA Region 10 Supplemental Environmental Projects (SEP)

YearNumber of SEPs

Total SEPs

2008 1 $59,144

2009 4 $251,8732010 3 $121,4532011 1 $19,435

SEP CategoriesNumber of

SEPs Equipment and training for local

responders4

Equipment to prevent and

mitigate releases5

Dyno Nobel St. Helens Oregon SEP Company will install ammonia detection system in

all major release points which will provide immediate alarms if any ammonia is starting to be released so the community can be warned quickly. Cost of detection system is: $68,869.87.

4 laptop computer are being purchased for Columbia County Fire and Rescue for use in chemical inventory, emergency planning and air modeling during emergency chemical release incidents. $4,035.00

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EPCRA 312 New Data RequirementsFinal Rule Issued July 13, 2012Effective for 2013 data to be reported by March 1, 2014

• Whether facility is manned or unmanned• Maximum number of employees present at one time• Contact information: facility emergency coordinator• Email of owner operator• Latitude and longitude of storage sites• TRI and RMP identification numbers• Separate data fields for pure chemicals and mixtures• New range codes for storage amounts.

On-line Resources

EPA www.epa.gov/compliance www.epa.gov/enforcement Enforcement & Compliance History Online

(ECHO): www.epa-echo.gov

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