United States Environmental Protection Agency Office of Enforcement and Compliance Assurance(2248A) EPA300-N-02-001 &EPA Enforcement Alert Volume 5, Number 1 Office of Regulatory Enforcement January 2002 EPCRA/CERCLA: Hazardous Chemical Releases Above Certain Quantities Must Be Reported to Authorities 13 Companies Recently Penalized for Not Complying The Emergency Planning and Com- munity Right-to-Know Act (EPCRA), and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) were About Enforcement Alert Enforcement Alert is published periodically by the Office of Regulatory Enforcement to inform and educate the public and regulated community of important environmental enforcement issues, recent trends and significant enforcement actions. This information should help the regulated community anticipate and prevent violations of federal environmental law that could otherwise lead to enforcement action. Reproduction and wide dissemination of this publication are encouraged. For information on how you can receive this publication electronically, see page 3. Eric V. Schaeffer Director, Office of Regulatory Enforcement Editor: Virginia Bueno (202) 564-8684 bueno.virginia@epa.gov (Please email address and name changes or subscription requests for this newsletter) enacted by Congress to provide citizens with information on chemicals, their uses and releases at facilities across the nation, and to provide the government with immediate notice to appropriately respond to releases. Most importantly, these laws are intended to ensure that federal, state and local emergency responders have vital information that will help them prepare for emergencies and protect the public by managing chemical risks. Section 3 04 of EPCRA and Section 103 of CERCLA require facilities to immediately notify emergency responders about accidental chemical releases so that federal, state and local governments can respond to the situation. Acciden- tal hazardous chemical releases create risk of significant, and potentially le- thal, injuries. Without timely knowledge of a release, emergency responders cannot do their jobthat is, working with industry to prevent or mitigate ac- tual or potential harm to human health and the environment following a release of a hazardous chemical. The regulated communities must do more than just give notice. Their obli- gation to protect citizens and the envi- ronment also requires them to continu- ally work to prevent accidents. Preven- tion is always preferred to emergency response. EPCRA. CERCLA are Based on the Principle that Citizens Must Be Full Partners in Safety. Health Decisions EPA Takes Enforcement Actions Against Noncompliers The U.S. Environ- mental Protection Agency (EPA) recently took enforcement ac- tions against 13 compa- nies (see box page 2) for EPCRA and CERCLA violations. Altogether, the companies were penal- ized approximately $765,000 for failing to notify local and state en- tities as required by EPCRA, and for failing to notify the U.S. Coast Guard's National Re- sponse Center (NRC) of releases of hazardous chemicals, including chlorine, sulfuric acid, anhydrous ammonia, and xylene as required by CERCLA. One of the 13 companies also was penalized for violating the requirements of the Clean Air Act's (CAA) accident prevention provisions (see page 3 to learn more about this requirement). Brewer Environmental Industries (BEI), Hawaii, was cited for alleged vio- lations resulting from a 1999 sulfuric acid spill on Oahu and for alleged vio- lations discovered during follow-up fa- cility inspections last year in Maui, Kauai, and Hilo. In the Oahu incident, approximately 70,000 pounds of sul- ion is found on the Internet at http://www.epa.gov/oeca/ore/enfalert/ ------- Enforcement Alert The General Duty Clause ensures that industry takes all possible steps to prevent chemical releases and, if prevention fails, mini- mize the consequences of an accident. furic acid were released into the envi- ronment due to a corroded flat metal disk used to isolate an unused portion of a piping network located on the un- derside of a 300-ton acid storage tank. BEI reported the spill late, preventing emergency responders from doing their job to protect the public. In addition to the untimely report- ing of the sulfuric acid spill, BEI was cited for failure to submit adequate risk management plans as required by the CAA (see next section), and failure to list accurately all of the hazardous chemicals stored at BEI's facilities as required by Sections 311 and 312 of EPCRA (these lists, filed with state and local emergency responders, detail what chemicals hazards may be present at a facility). BEI has paid a civil penalty of $98,796 and will spend approximately $137,000 for equipment to be donated to the county fire departments in Ho- nolulu, Kauai, Maui and Hawaii (Big Island) as part of a supplemental envi- ronmental project. By choosing to com- plete the supplemental environmental project, BEI voluntarily committed to spending more than would have been required had it chosen to pay the entire penalty in cash. BEI's decision to pur- chase this much-needed equipment as part of their settlement agreement will enhance the fire departments' capabili- ties for responding to hazardous mate- rials incidents. Equipment to be pur- chased includes tank patch kits, ther- mal imaging devices and personal pro- tective equipment. In settling this case, EPA consid- ered BEI's progress in making facility improvements including redesign of storage tank and secondary contain- ment areas; eliminating certain toxic Companies Recently Penalized for EPCRA/CERCLA Noncompliance EPA Region 1 « 3 4 5 " " 6 "" 9 10 Company, Location Upper Blackstone Regional Wastewater Treatment Plant, Millbury, Mass. Crompton Manufacturing Co., Inc., Naugatuck, Conn. Hanover Foods Corporation, Lancaster, Pa. Metro Foods, Inc., Olive Branch, Miss. B.F. Goodrich Company, Akron, Ohio Union Electric Company, Venice, III. Hoosier Warehouse Inc., Indianapolis Illinois-American Water Company, Peoria, III. Continental Nitrogen & Resources Corporation, Rosemount, Minn. Air Liquide America, Freeport, Texas Schwan's Sales Enterprises, Inc., Deer Park, Texas Inland Paperboard and Packaging, Orange, Texas Brewer Environmental Industries, Honolulu, HI Bf Goodrich Kalama, Inc. Kalama, Wash. Chemical(s) Released chlorine methylenedianiline (MDA) and o-xylene anhydrous ammonia anhydrous ammonia 1,3-butadiene ferric sulfate anhydrous ammonia chlorine anhydrous ammonia anhydrous ammonia anhydrous ammonia methyl mercaptan sulfuric acid benzene Contact Don Mackie (617) 91S-1749 Carole Dougherty (215)814-3295 Stacey Bouma (404) 562-9192 James Entzminger (312)886-4062 , Ruth McNamara (312)353-3193 " " Steve Mason (214)665-2292 .. . Michael Ardito (415)744-2328 Suzanne Powers (360) 753-9475 January 2002 ------- Enforcement Alert chemicals such as anhydrous ammo- nia from its inventory or processes; im- proving facility equipment such as stor- age tanks and piping; and providing more training for employees on risk management, inventory and release re- porting requirements. General Duty Clause: Helping to Prevent Accidental Releases As part of the 1990 Clean Air Act Amendments, Congress enacted Sec- tion 112(r)(l), the "General Duty Clause," to help prevent accidental re- leases of certain hazardous chemicals. The General Duty Clause makes it clear that facilities that handle hazard- ous chemicals bear the primary respon- sibility for ensuring safe use. This clause applies to every facility that handles any hazardous chemicals, regardless of the quantity on site. The General Duty Clause states that: "The owners and operators of stationary sources producing, processing, handling or storing [extremely hazardous sub- stances] have a general duty...to identify hazards which may re- sult from releases using appro- priate hazard assessment tech- niques, to design and maintain a safe facility taking such steps as are necessary to prevent releases, and to minimize the conse- quences of accidental releases, which do occur." In addition to every facility's obli- gation to operate safely, companies with large volumes of hazardous chemicals specified by EPA must also develop and implement a risk management program. The program must cover hazard assess- ment, prevention and response for the chemicals stored or processed on site. EPA recognizes the ongoing need to pro- mote safe operating practices and is committed to its efforts to work with companies on the improvement of their safety management programs. Building cooperation among companies, regula- tory agencies, and the community is fundamental to the success of these pro- grams. To learn more about EPCRA and CAA Section 112(r), visit EPA's Chemi- cal Emergency Preparedness and Prevention Office website at http:// www.epa.gov/ceppo. In addition, the Agency's Office of Emergency and Remedial Response has extensive information on its website regarding the reporting requirements for episodic and continuous releases under CERCLA Section 103. For website ad- dresses, see "Useful Compliance As- sistance Resources" on this page. For more information, contact Beth Burchard, Toxics and Pesti- Get News and Information Electronically EPA's Office of Enforcement and Compliance Assurance, now offers an email, subscription-based information service called "OCORELINK." Subscribers to this electronic service (known as a "listserv") will receive periodic news and information about Office of Compliance products and compliance trends designed to help the regulated community meet its compliance requirements. You'll also receive important information from the Office of Regulatory Enforcement on enforcement issues, recent trends and significant enforcement actions, and will be notified when a new issue of its newsletter, Enforcement Alert has been posted on the web. For more information, visit http://www.epa.gov/oeca/main/enforce/listserv.html. cides Enforcement Division, Of- fice of Regulatory Enforcement, U.S. EPA, (202) 564-4177; Email: burchard.beth@epa.gov. Useful Corrmliance Assistance Resources National Response Center: http://www.nrc.uscg.mil/ Office of Solid Waste and Emergency Response: http://www.epa.gov/swerrims Chemical Emergency Preparedness and Prevention Office: http://www.epa.gov/ceppo/ Superfund Resource Center: http://www.epa.gov/superfund/ resources/rq/index.htm Reporting Requirements for Continuous Releases of Hazardous Substances, A Guide for Facilities on Compliance: http://www.epa.gov/superfund/ resource s/release/faciliti.htm Title III Consolidated List of Chemicals: http://www.epa.gov/swercepp/ap- otgu.htm RCRA, Superfund & EPCRA Hotline: 9a.m. to 6 p.m. ET, Monday through Friday, except for federal holidays, at the numbers listed below: National toll-free number (outside of DC area): (800) 424-9346; Local number within DC area): (703) 412- 9810; National toll-free for the hearing impaired (TDD): (800) 553-7672 Office of Enforcement and Compliance Assurance: http://www.epa.gov/oeca Compliance Assistance Centers: http://www.epa.gov/oeca/mfcac.html Compliance Assistance Clearinghouse: http://cfpub.epa.gov/clearinghouse/ Small Business Gateway: http://www.epa.gov/smallbusiness major_environmental_laws.htm January 2002 ------- SERA United States Environmental Protection Agency Office of Regulatory Enforcement (2248A) Washington, D.C. 20460 Official Business Penalty for Private Use $300 'Enforcement Alert' newsletter r Recycled/Recyclable. 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