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PROJECT PROFILE Landfill Gas CQA Services EPCRA/TIER II REGULATIONS EPCRA/TIER II Presentation Outline AGENDA: Introduction History/Regulatory Overview Compliance/Reporting Schedule What This Means for the Recycling Industry Consequences = Costs Where to get more information Q&A July 21, 2015 2 Introduction Definitions July 21, 2015 EPCRA – Emergency Planning and Community Right to Know Act; 40 CFR 355; sometimes referred to as SARA Title III. CERLCA – Comprehensive Environmental Response Compensation and Liability Act LEPC – Local Emergency Planning Committee SERC – State Emergency Planning Committee List of Lists – Title III Consolidated Lists of Lists on EPA website, EHS – Extremely Hazardous Substances – 40 CFR 355.30 Appendix A TPQ – Threshold Planning Quantity RQ – Reportable Quantity – 40 CFR 302.4 (CERCLA) 3 History Congress enacted EPCRA in 1986: July 21, 2015 Enforced by US EPA, managed by the SERC and LEPC. 40 CFR 355 Methyl Isocyanate Release at the Union Carbide chemical processing plant in Bhopal, India in 1984 Applies to the storage, handling, production, and use of hazardous materials Requirement for communities to know about and be able to respond to releases or emergencies at businesses that are handling/storing/using hazardous chemicals in certain quantities. Sometimes referred to as SARA Title III The principal reason for EPCRA is to provide planners, responders, and citizens with information on the manufacture, use, storage, and environmental release of potentially toxic chemicals in their communities. 4 Regulatory Overview EPCRA has 4 parts: Emergency planning (Sections 301-303) Emergency release notification (Section 304) 40 CFR 370.21, 370.25, 370.40, 370.41 Toxic chemical release inventory (TRI) (Section 313) July 21, 2015 40 CFR 355.40 Hazardous chemical storage reporting, or “community right-to-know” requirements (Sections 311-312) 40 CFR 355.30 40 CFR 372; list of chemicals – 40 CFR 372.65 5 Emergency Planning (Sections 301-303) Section 301 – State and Local Emergency Planning Coordinators; required to develop & implement a community ER plan. Section 302 - If you store any of the EHSs at or in excess of the TPQs listed in 40 CFR 355 Appendix A or Title III Consolidated Lists of Lists on EPA website, you are required to: Complete a Section 302 “Comprehensive Emergency Response Notification” form and submit it to the SERC and LEPC Designate under Section 303 Comprehensive Emergency Response Plan a facility emergency coordinator who will be responsible for communication with the LEPC in emergencies. Facilities likely to report under Section 302 include: Sulfuric acid (EHS) in batteries sold, stored or used on site in excess of 500 lbs (average car battery contains 5 lbs of sulfuric acid); Lead (other hazardous chemicals) in car batteries in excess of 10,000 pounds (average car battery contains 18-20 pounds of lead); Gasoline, diesel, or propane in excess of 10,000 pounds (gasoline weighs 6.19 lbs, diesel weighs 7.05 lbs, propane weighs 4.23 lbs at 60 F) Section 303 – requires facilities with quantities of EHSs at or greater than TPQ to designate an Emergency Coordinator to communicate with the LEPC in emergencies. July 21, 2015 6 Emergency Release Notification (Section 304) Facilities must immediately notify LEPC and SERC, if a release of a hazardous substance into the environment equals or exceeds the RQ in 40 CFR 355 Appendix A or the RQs for the chemicals listed in 40 CFR 302.4 (CERCLA) July 21, 2015 Date, time, chemical name, estimated quantity, media affected, hazards associated with chemical, name, and phone number of contact person. Facility must provide a written follow up notice to LEPC and SERC as soon as possible after the release updating information provided in the initial notification. 7 Hazardous Chemicals Reporting (Sections 311 and 312) July 21, 2015 Referred to as Community Right-to-Know Act or Tier I/II OSHA regulations require employers to maintain MSDSs on all hazardous substances stored/used at any workplace; EPA has codified similar regulations under Sections 311/312 Section 311 requires facilities with EHSs > 500 lbs or the TPQ listed in Section 302 or other hazardous substances > 10,000 lbs submit copies of or a list of MSDSs to the SERC/LEPC/Local Fire Department Report due by March 1 of each year 8 TIER I FORM Tier One EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FOR OFFICIAL USE ONLY Aggregate Information by Hazard Type Important: Read instructions before completing form ID# Date Received Reporting Period From January 1 to December 31, 20 __ Facility Identification Emergency Contacts Name ___________________________________________________________ Name Street ____________________________________________________________ City County State Zip _________ NAICS Code _________________________________ Title __________________________________ Phone (_____) __________________________ 24 hour Phone (_____) ___________________ Dun & Brad Number - - Owner/Operator Name Name Title __________________________________ _______________________________________________________ _________________________________ Mail Address _______________________________________________________ Phone (_____) __________________________ Phone 24 hour Phone (_____) ___________________ ______________________________________________________ Check if information below is identical to the information submitted last year. Health Hazards Physical Hazards Hazard Type Max Amount Average Daily Amount Number of Days On-Site Fire Sudden Release of Pressure Reactivity Immediate (acute) Delayed (acute) Certification (Read and sign after completing all sections) Range Code certify under penalty of law that I have personally examined and am familiar with the information submitted in pages one through , and that based on my inquiry of those individuals responsible for obtaining the information, I believe that the submitted information is true, accurate and complete. 01 02 03 04 05 06 07 08 09 10 11 _________________________________________________________________________ Name and official title of owner/operator OR owner/operator’s authorized representative _________________________________________________________________________ Signature Date Signed EPA Form 8700-29 July 21, 2015 Check if site plan is attached General Location 9 * Reporting Ranges Weight Range in pounds From..... To...... 0 100 1000 10,000 100,000 1,000,000 10,000,000 50,000,000 100,000,000 500,000,000 1 billion 99 999 9,999 99,999 999,999 9,999,999 49,999,999 99,999,999 499,999,999 999,999,999 Higher than 1 billion TIER II FORM Tier Two EMERGENCY AND HAZARDOUS Facility Identification Owner/Operator Name Name Name Street City Mail Address County State Phone Emergency Contact NAICS Code Dun & Brad Number FOR OFFICIAL USE ONLY Specific Information by Chemical Name Phone ( ) Title 24 Hr. Phone ( ) Name Phone ( ) Title 24 Hr. Phone ( ) ID # Date Received Important: Read all instructions before completing form Reporting Period Physical and Health Hazards Chemical Description From January 1 to December 31, 20 [ ] Check if information below is identical to the information submitted last year. Storage Codes and Locations (Non-Confidential) Inventory (check all that apply) Trade Secret CAS Chem. Name [] [] [] [] [] [] Pure Mix Solid Liquid Gas EHS EHS Name Trade Secret CAS Chem. Name Check all that apply [] [] [] [] [] [] Pure Mix Solid Liquid Gas EHS EHS Name Trade Secret CAS Chem. Name Check all that apply [] [] [] [] [] [] Pure Mix Solid Liquid Gas EHS EHS Name Storage Locations [ ] Fire [ ] Sudden Release of Pressure [ ] Reactivity [ ] Immediate (acute) [ ] Delayed (chronic) Max. Daily Amount (code) [ ] Fire [ ] Sudden Release of Pressure [ ] Reactivity [ ] Immediate (acute) [ ] Delayed (chronic) Max. Daily Amount (code) [ ] Fire [ ] Sudden Release of Pressure [ ] Reactivity [ ] Immediate (acute) [ ] Delayed (chronic) Max. Daily Amount (code) Avg. Daily Amount (code) No. of Days On-site (days) [] Avg. Daily Amount (code) No. of Days On-site (days) I certify under penalty of law that I have personally examined and am familiar with the information submitted in pages one through , and that based on my inquiry of those individuals responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. Name and official title of owner/operator OR owner/operator’s authorized representative [] Avg. Daily Amount (code) No. of Days On-site (days) Certification (Read and sign after completing all sections) July 21, 2015 ) Zip CHEMICAL INVENTORY Check all that apply ( Signature Date signed 10 [] Optional Attachments [ ] I have attached a site plan [ ] I have attached a list of site coordinate abbreviations [ ] I have attached a description of dikes and other safeguards measures Toxic Chemical Release Inventory (Section 313) July 21, 2015 TRI Reporting Certain facilities must complete an inventory form every year for submittal to EPA based on releases and waste management of toxic chemicals during the preceding calendar year Must report: Name, location, type of business Whether chemical is manufactured, processed, or used Amount present Quantity of chemical entering air, land, and water annually Off-site recycling/disposal/reuse facilities Waste treatment and disposal methods Information submitted to EPA is entered into their TRI database that is available to the public 11 EPCRA Chemicals and Reporting Thresholds Chemicals Covered Section 302 Section 304 Sections 311/312 Section 313 350+ EHSs >1,000 substances 500,000 products 650 toxic chemicals and categories RQs, 1-5000 lbs, released in a 24-hour period TPQ or 500 lbs for Section 302 chemicals; 10,000 lbs on site at any one time for other chemicals (nonEHSs) 25,000 lb/year manufactured or processed; 10,000 lbs/year used; certain PBTs have lower thresholds. Thresholds TPQs 1-10,000 lbs on site at any one time July 21, 2015 12 Compliance/Reporting Schedule Section 302 One time notification to SERC/LEPC; within 60 days of exceeding the TPQ Section 304 Each time a release above a RQ occurs; report to LEPC/SERC/National Response Center Section 311 One time submission; update only for new chemicals/information to SERC/LEPC, Local Fire Department Section 312 Annually, by March 1 to SERC/LEPC/Local Fire Department; may involve fees in some states (Wisconsin) Section 313 Annually, by July 1 to EPA and State July 21, 2015 13 What This Means for the Recycling Industry July 21, 2015 14 What This Means for the Recycling Industry July 21, 2015 Increased scrutiny by federal, state and local agencies. Developing an emergency response plan that includes any hazardous materials that are on site. Updating inventory of any hazardous materials that are processed, manufactured or used on site. Training of personnel to recognize what materials fall under the regulations. Potential to receive fines and be placed under consent orders. Greater transparency in daily operations of facilities. 15 Consequences/Costs July 21, 2015 16 Consequences/Costs Levels of Action Notices of Noncompliance – if issued, the violator has 30 days from the date of issuance to come into compliance; failure to do so may result in civil administrative complaint. Civil Administrative Penalties Civil Judicial Referrals- may refer civil cases to the United States Department of Justice for assessment and/or collection of the penalty. Criminal Sanctions- willing failure to comply to EPCRA § 304 can be fined up to $25,000 or imprisoned for not more than two years, or both. Second conviction can be fined up to $50,000 or imprisoned for not more than five years, or both. Fines and penalties. Fines can levied for recent incidents as well as backdated to include past discrepancies. Determination of the base penalty: July 21, 2015 The “Nature” of the Violation The “Extent” of the Violation The “Gravity” of the Violation The “Circumstances” of the Violation 17 Consent Agreements and SEPs Consent Agreement and Final Order July 21, 2015 Consent Agreement - a negotiated agreement of the parties to a lawsuit which resolves the disputed issues and is sanctioned by the court. May include not only fines or penalties but a Supplemental Environmental Project (SEP). SEP’s include the type of action required to come into compliance and typically a minimum amount of funds to be allocated to ensure compliance. Example of an SEP: As a result of a chlorine spill HighWire Company is to spend $26,127 to perform SEPs. The SEP categorized as a Pollution Reduction SEP requires HighWire to install automatic shut off valves for machines that use chlorine. 18 Examples of penalties Examples were taken from www.epa.gov As a result of a release of anhydrous ammonia on August 2, 2007above RQ and failure to notify both SERC and LEPC, ABC Metals, Corp. agreed to complete a SEP spending a minimum of $42,492, pay a penalty of $3,929 for CERCLA violations and $7,179 for EPCRA violations. EPA found that for calendar years 2003, 2004, and 2005, Travolta Polyester, Inc. failed to submit Hazardous Chemical Inventory forms for four hazardous chemicals present at the South Carolina facility to SERC and LEPC and the local fire department, as required by Section 312 of EPCRA. The Respondent agreed to pay a penalty of $7,190 for the EPCRA violations. On August 5, 2005, Region 4 filed a CAFO to resolve alleged violations of EPCRA Sections 311 and 312 with Obama Healthcare Group LP. The violations were a result of the Respondent’s failure to submit a MSDS and an emergency and hazardous chemical inventory form for sulfuric acid to the SERC, LEPC and local fire department. Respondent agreed to pay a penalty of $26,975 for the violations. HNO3 Chemical Company received a CAFO for failure to submit a Form R for nitric acid for calendar years 2001, 2002 and 2003, and did not report sulfuric acid to SERC, LEPC and local fire department for the aforementioned years. The CAFO resolves these alleged violations of EPCRA, and the Respondent agrees to pay a civil penalty of $20,815 in installments. July 21, 2015 19 Where To Get More Information EPCRA Hotline: (800) 424-9346 TDD: (800)553-7672 USEPA Chemical Emergency Preparedness and Prevention Office (CEPPO) July 21, 2015 www.epa.gov/CEPPO Local LEPC/SERC/Fire Department Contacts 20 Thank you for this opportunity…any questions? July 21, 2015 21