Guidance Manual for
EPA Chemical Safety Audit Team Members
Chemical Emergency Preparedness and Prevention Office




    Office of Solid Waste and Emergency Response




        U.S. Environmental Protection Agency
                   June 1993

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Note: This Manual supersedes all previous versions.

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                                 Table of Contents


      Item                                                                   Page

1.     Introduction

      1.1    Purpose of this Manual                                              1
      1.2    Program Background and Overview                                   1
      1.3    CSA Program and Section 112 (r) of the Clean Air Act                 4

2.     Program Authority Under CERCLA

      2.1    Purpose of the Statute                                               5
      2.2    Facility Entry and Information Gathering Tools                         5
             2.2.1 Statutory Authority                                            5
             2.2.2 EPA Policy and Practice                                        5
             2.2.3 Confidential Information                                        6
             2.2.4 Attorney-Client Privilege                                        6
      2.3    Response Actions if a Release or a Threat of a Release Exists           7
      2.4    Relationship to Enforcement/Compliance Regulatory Programs           8
      2.5    Relationship Between CERCLA and SARA Title III                    9

3.     Role of Audit Team Members

      3.1    Audit Team Composition                                           11
      3.2    Training and Safety Requirements                                    14
      3.3    Non-EPA Personnel Participation on Audit Team                      15
      3.4    Liability                                                           16
             3.4.1 Federal  Employees                                           16
             3.4.2 AARP Enrollees                                              16
             3.4.3 Technical Assistance Team Contractors                         17
             3.4.4 Federal, State/SERC, and Local/LEPC Government Personnel     17
      3.5    Conflict of Interest                                                 17

4.     Preparing for the Audit

      4.1    Facility Selection                                                    19
      4.2    Facility Notification                                                 20
      4.3    Facility Background Information                                     21
      4.4    Preparing for the Site Visit                                          21

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      Item                                                                    Page

5.     Conducting the Audit

      5.1    Entry                                                               23
      5.2    Opening Meeting                                                    23
      5.3    On-Site Activities                                                    24
      5.4    Exit Briefing                                                         24

6.     Audit Protocol/Report Preparation Guidance

      6.1    Purpose and Structure                                                25
      6.2    Writing the Report                                                   44
             6.2.1 Post-Visit Meeting                                              44
             6.2.2 Tips for Writing the Report                                     44
             6.2.3 Follow-up  Information                                          46
             6.2.4 Standard Report Disclaimer                                     46
      6.3    Review and Finalization Procedures                                   47
             6.3.1 Access to Draft Information                                     47
             6.3.2 Facility Confidential Information                                 47
      6.4    Report Distribution                                                  47
      6.5    Preparing the Report Profile                                          48

7.     Audit Follow-Up Activities

      7.1    Follow-Up Approaches                                               51
      7.2    Specific Information Required                                        52
Exhibits

1.     Outline of Protocol/Report Preparation Guidance                             26
2.     Annotated Protocol/Report Preparation Guidance                             29

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Attachments

1.     Chemical Safety Audit Program Fact Sheet
2.     CERCLA Provisions Overview and CERCLA Statute
3.     Model Site Safety Plan for Chemical Safety Audits
4.     Sources  of Information Concerning Hazardous Substance Releases
5.     Sample First Letter to Facility Owner/Operator
6.     Sample Letter to Facility Owner/Operator Who has not Responded or Consented
      to the Audit
7.     Standard Report Disclaimer
8.     Standard Language for Audit Report Introduction
9.     Documentation Pertaining to the Processes and Operations Using Hazardous
      Substances
10.    Description of Standard Operating Procedure Manuals
11.    Blank CSA Report Profile
12.    Annotated CSA Report Profile

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                                 1.    Introduction
1.1    Purpose of this Manual

      The purpose of this Manual is to provide guidance to the U.S. EPA regional
offices in implementing the Chemical Safety Audit (CSA) program, which is an outgrowth
of the efforts of the Environmental Protection Agency (EPA) under the Chemical
Accident Prevention (CAP) program. This document is intended solely as guidance. It
does not represent final agency action nor is it ripe for judicial review. This is not
intended, nor can it be relied upon, to create any rights enforceable by any party in
litigation with the United States.  The Agency may change this guidance at any time
without  public notice.

      This Manual, commonly referred to as the "Blue Book," includes a discussion of
the  following topics:

             Audit authority under CERCLA;
             Roles and responsibilities of audit team members;
             Audit preparation;
             Conducting the audit;
             Audit protocol and report preparation; and
             Audit follow-up activities.

      It is recommended that each audit team member have a copy of this Manual to
be used in conjunction with the Training Manuals provided at the Chemical Safety Audit
Training Course.  This Manual contains recommended actions, as well as mandatory
procedures that must be followed to ensure the health and safety of program auditors as
well as program integrity.  All required/mandatory procedures or activities presented in
this Manual are identified with the words "[Required Activity]" at the end of the
sentence in which they are presented. Unless noted as a required activity, the described
procedure is considered a recommendation, and the regional office has discretion in its
implementation.
1.2    Program Background and Overview

      The Chemical Accident Prevention (CAP) program emerged from concerns raised
by the release of methyl isocyanate at Bhopal, India, and of aldicarb oxime at Institute,
West  Virginia. Awareness of the critical threat to public safety posed by similar incidents
led to an emphasis on preparedness and planning for response to chemical accidents.
Simultaneous with the development of preparedness activities by EPA was the passage
and implementation of the Emergency Planning and Community Right-to-Know Act --
Title III of the Superfund Amendments and Reauthorization Act (SARA) in  1986.
Because prevention is the most effective form of preparedness, the CAP program
promotes the effort to enhance chemical accident prevention activities.  The primary
objectives of the CAP program are to identify the causes of accidental releases  of
hazardous substances and the means to prevent them from occurring, to promote

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industry initiatives in these areas, and to coordinate activities with the community,
industry,  and other groups (e.g., academia, professional organizations, and trade
associations).

      Many of the key concerns of the CAP program arise from the SARA Title III
section 305(b) study entitled Review of Emergency Systems.  This study, published in
June 1988, made  a number of recommendations on the future course of prevention
activities by EPA, and identified several aspects of current practices that will require
careful consideration in an overall prevention strategy.  The study identified the
importance of facility management commitment to implementing and maintaining systems
to prevent, mitigate, and  prepare for potential chemical accidents.  First, while it is
evident that risk awareness among the larger chemical producers is high, many large
distributors and users of hazardous chemicals, as well as many smaller operations, have
not yet attained a comparable level of accident consciousness.  The study also indicated
the need for new  technologies in certain key areas: process area monitoring devices,
back-up detectors, mitigation devices, and practices to adequately identify disabled
equipment of these types. Third, the report suggested that a great degree of caution
must be exercised in analyses using real-time dispersion models, and indicated that
employee familiarity with hazard evaluation methods was  limited, which in turn suggests
that improper or  ineffective  techniques may be in  practice.  Finally, the examination of
management practices revealed a failure to place sufficient emphasis on safety-related
issues such as standard operating procedures, employee training, preventive maintenance,
and post-accident investigation,  as well as a general lack of commitment to safety.

      As a follow-up to this national prevention study, EPA has undertaken cooperative
initiatives with other federal agencies, states, industry, professional organizations, and
trade associations, as well as environmental groups and academia. These joint efforts
have and will continue  to serve  to determine and implement a mechanism for developing
and sharing information on release prevention technology and practices, and to enhance
the state of practice in  the chemical process safety arena.   In addition, EPA analyzes and
disseminates information on accident prevention practices and technologies garnered
from the Accidental Release Information Program, Acute Hazardous Events, Emergency
Release Notification System, and National Response Center databases; on-scene
coordinator reports; and EPA audits and  inspections.  Finally, with the inclusion of the
facility risk management provisions in the Clean Air Act Amendments of 1990, the
accident prevention goals of the CSA program have been formalized.

      The Chemical Safety  Audit program is part of the CAP initiative and has been
designed to accomplish the following chemical accident prevention goals:

             Visit facilities handling hazardous substances to gather information on
             safety practices and technologies;

             Heighten awareness of the need for, and promote, chemical safety among
             facilities handling  hazardous substances, as well as in communities where
             chemicals are located;

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             Build cooperation among facilities, EPA, and other authorized parties by
             coordinating joint audits; and

             Establish a database for the assembly and distribution of chemical process
             safety management information obtained from the facility audits.

      The chemical safety audit itself consists of interviews with facility personnel and
on-site review of various aspects of facility operations related to the prevention of
accidental chemical releases.  Specific topics addressed include:

             Awareness of chemical  and process hazards;

             Process characteristics;

             Emergency planning and preparedness activities;

             Hazard evaluation and  release modelling efforts;

             Release detection and monitoring techniques;

             Training of operators and emergency response personnel;

             Facility and corporate management structure;

             Preventive maintenance and inspection programs; and

             Community notification mechanisms and techniques.

      Observations and conclusions from the audits are detailed in a report prepared by
the audit team. The report identifies and characterizes the strengths and weaknesses of
specific chemical accident  prevention program areas to allow the elements of particularly
effective programs to be recognized, and to share information on problematic practices.
Copies of the report are given to the facility and to its corporate management so that
weak and strong program  areas may be recognized.  The audit reports are intended to
contribute to the study of emergency  systems begun in the  Review of Emergency
Systems, and in turn, to produce improvements in the ability of the audited facilities -
and industry in general ~ to prevent or mitigate releases of hazardous substances and to
share this information with the community and other interested groups. In this fashion,
the CSA program serves as a vital component of EPA's Chemical Accident Prevention
Program.  Attachment 1 contains the Chemical Safety Audit Program Fact Sheet, which
summarizes the audit program background, goals, and scope.  It can  be used  as a
separate document to inform  interested parties about the audit program.

      It  should be noted that the CSA program is not a compliance or inspection
program.  The audits are intended to be non-confrontational and positive, so  that
information on safety practices, techniques, and technologies can be identified and shared

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between EPA and the facility. However, if serious problems are discovered during the
audit, EPA has a variety of legal authorities to use in response to them, which are
discussed later in the body of this Manual.  Violations observed during the course of an
audit may also be referred to the respective EPA program office or federal agency or
department for determination of what actions are to be taken following the audit.
1.3   CSA Program and Section 112(r) of the Clean Air Act

      The future direction of both the CAP program and the CSA program will be very
much affected by the passage of the Clean Air Act (CAA) Amendments of 1990.  The
accidental release prevention requirements found in section 112(r) of the Clean Air Act
require EPA to promulgate regulations that require certain facilities to take steps to
prevent accidental releases of chemicals and mitigate the severity of releases that do
occur.

      The facilities that will be covered by these regulations will be defined by a list of
substances and threshold quantities that EPA will promulgate.  The Accidental Release
Prevention (ARP) regulations will require that facilities develop and implement a risk
management plan (RMP) —  including a hazard assessment (off-site consequence analysis
and a five-year accident history), a prevention program, and an emergency response
program ~ within three years after promulgation of the regulation.  The RMP will be
registered with EPA, and submitted to the Chemical Safety and Hazard Investigation
Board, the state, and local emergency planning and response authorities.  The RMP will
also be made available to the public.

      The CAA also requires EPA to establish an auditing system to review, and if
necessary require revision of the RMPs submitted by facilities.  The auditing system in
the RMP rule outlines  criteria for selecting facilities for audits. A more detailed auditing
strategy is being proposed in the guidance to states for implementation  of the ARP
program.  CAA section 507 further requires states to provide small businesses with
technical assistance on  how to comply with the Act.

      The role of the  CSA program in advancing EPA's accident prevention initiative,
particularly its relevance in the context of the new section 112(r) requirements, will
continue to evolve.  In  the short term, the regions should continue to perform audits
under the current CSA format until they and the states begin administering the ARP
program under section 112(r). The goal is to ensure that the states' auditing and
inspection programs and technical assistance capability are adequate to  assume the
primary responsibilities of the ARP  program.

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                       2. Program Authority under CERCLA
2.1   Purpose of the Statute

      The Comprehensive, Environmental Response, Compensation, and Liability Act
(CERCLA or Superfund) was enacted December 11, 1980, and amended by the
Superfund Amendments and Reauthorization Act (SARA) on October  17,  1986.
CERCLA authorizes the federal government to respond where there is a release or a
substantial threat of a release into the environment of any hazardous substance,
pollutant, or contaminant that may present danger to the public health  or welfare or to
the environment. Attachment 2 contains an overview of major CERCLA provisions
related to the CSA program.  These include CERCLA sections  104(a),  104(b), 104(e),
and 106(a).  The statutory text is also included, 42 U.S.C.A. sections 9601, 9604, and
9606.
2.2   Facility Entry and Information Gathering Tools

      2.2.1  Statutory Authority

      CERCLA sections 104(b) and 104(e), as amended by SARA in 1986, provide
authorities for entering a facility and accessing information.  While CERCLA provides
authority for states to use statutory authorities for entry and information gathering, such
authorities may only be accessed pursuant to a contract or cooperative agreement with
the federal government. Since no state  currently has such an arrangement, states, as well
as local governments, must use their own authorities for audit participation. [Required
Activity]

      2.2.2  EPA Policy and Practice

      When entering pursuant to CERCLA, EPA auditors must ensure that the facility
has experienced a release of a hazardous substance, pollutant, or contaminant, or that
there is "reason to believe" that there exists a threat of such a release. The audits are
intended  to be non-confrontational and  positive, cooperative efforts, such that
information on safety practices, techniques, and technologies can be identified and shared
between EPA and the facility.  Consequently, and in conformance with other EPA
program  policies, audits will be performed under the above authority pursuant to the
consent of the facility owner or operator.  Consensual entry, however, can be revoked at
any time  during the audit. When withdrawal of consent takes place, the audit team shall
leave the facility, regardless of the fact that the team has  the authority to be there.
[Required Activity]  In either situation (i.e., entry refusal  prior to audit or during audit),
if consent is lacking, an order can be issued to require entry.  Section 4.2 of this Manual
provides guidance on obtaining entry upon consent and actions to be taken if the facility
refuses entry.

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      An audit can also be conducted at facility invitation. When entering at the
invitation of the facility (i.e., not pursuant to CERCLA authority or other statutory
authorities), the audit scope can potentially be limited, since the facility determines what
information will be made available to the audit team. In addition, invitational entry can
be revoked by the facility at any time during the audit. The audit team has no legal
authority (i.e., as compared to consensual entry) to continue the audit, and must leave
the facility. [Required Activity]

      The only exception to the described facility discretion concerning entry withdrawal
for both consensual and invitational entry is if the audit team identifies a release or
threat of a release of a CERCLA  hazardous substance from a facility into the
environment.  If either  of these situations are observed, the audit  team must follow the
prescribed procedures in section 2.3 of this Manual.  [Required Activity]

      2.2.3 Confidential Information

      During the course of an audit, team members may encounter information that
may be entitled to confidential treatment. Facilities can claim confidentiality on
information under CERCLA section 104(e), as amended.  If confidential business
information (CBI) at a  facility has been collected under another authority (e.g., TSCA,
CWA), CERCLA section 104(e) allows authorized team members to handle this
confidential business information as CERCLA CBI.

      This information will be handled in accordance with 40 CFR Part 2.  Authorized
representatives and Agency employees can access and view CBI under CERCLA.
Contractors who are pre-identified by contractor name and contract number to the
facility can have access to this data (refer to section 4.2 of this Manual). On February 5,
1993, EPA's Office of General Counsel issued a rule (58  FR 7187) that authorizes the
disclosure of CBI information (collected under a variety of environmental statutes,
including CERCLA section 104) to enrollees in the Senior Environmental Employment
(SEE) Program.  Thus, members of the American Association of Retired Persons
(AARP) now have the  same access to CBI as  EPA employees.

      There are no specific training courses for handling CERCLA CBI, either on-site
or off-site.  In general,  all confidential information must be marked as such and placed in
a locked filing cabinet or a safe.  It is advisable, however, that audit participants take a
regional CBI course.

      2.2.4 Attorney-Client Privilege

      In the event that a facility withholds information based upon "attorney-client
privilege," the regional  Office of Regional Counsel (ORC) should be immediately notified
and provided the following information:

             Name of  document(s) withheld;

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             Specific reason why withheld; and

             Name of facility attorney, address, and telephone number.

      If a request for information during the course of the audit is refused, the audit
should continue unless the absence of the requested document(s) makes it impossible to
do so.  The Office of Regional Counsel should  be consulted of the refusal after the site
visit and requested to pursue the matter as necessary.


2.3    Response Actions if a Release or a Threat of a Release Exists

      During an audit, the team may observe a release or the potential for a release of
a CERCLA hazardous substance from a facility into the environment.

      If a release is observed, the team members must take the following actions:
[Required Activity]

             Follow facility emergency evacuation procedures to safety; and

             Regroup; the Team Leader must notify the Regional Emergency Response
             Section to inform the on-duty On-Scene Coordinator (OSC) of events
             occurring at the facility.  This action is not intended to serve as the facility's
             notification under any statute or regulation.

      If the threat of a release is observed, the Team Leader must take  the following
actions:  [Required Activity]

             Regroup, if necessary with the entire audit team at the facility management
             office;

             Inform the facility owner/operator of the observed situation; and

             If the facility owner/operator fails to take appropriate actions to mitigate
             the potential threat of release, the Team Leader must notify the Regional
             Emergency Response Section to apprise the OSC of  events occurring at the
             facility.

      In both of the above situations, notification to the Regional  Emergency Response
Section  must  be  made regardless of whether the Team Leader or members of the audit
team are OSCs.  The communication with the region will determine the scope of the
response action to be taken to mitigate the release or threat of release.

      At this point, the audit must not continue until the release or threat  of release has
been mitigated, as determined  by the OSC. The OSC and/or Remedial Project Manager
(RPM)  shall have the authority vested in them  by the National Contingency Plan,  40

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CFR Part 300.  In addition, the OSC and/or RPM may take any necessary response
actions when he/she determines that conditions at the site may present an imminent and
substantial endangerment.
2.4   Relationship to Enforcement/Compliance Regulatory Programs

      An EPA chemical safety audit is not an enforcement inspection or multi-media
compliance audit, such as a RCRA compliance inspection or an environmental audit.
Nor should an audit be confused with compliance inspections conducted by the
Occupational Safety and Health Administration (OSHA) of the Department of Labor.  A
chemical safety audit is a visit to a facility to learn about and share technologies,
techniques, and management practices for preventing and mitigating chemical accidents.

Relationship to OSHA

      OSHA's primary responsibility is to  protect workers, ensuring a safe and  healthy
environment for employees.  OSHA conducts  inspections to identify facility compliance
with specific requirements and standards for employee health and safety and for accident
investigations, especially where worker injuries or death occur. EPA and OSHA have
established a  Memorandum of Understanding on facility inspections, as well as
coordinating activities through a variety of other means.

Relationship to EPA Regulatory Programs

      The audit findings are presented in a final report.  If appropriate, the report can
include recommended process safety practices that the facility may want to consider
adopting.  Report findings and recommendations are not mandatory actions that the
facility must adopt,  as are those identified during an enforcement/compliance inspection.
The audit focus is not on reviewing facility compliance with other regulatory programs;
other  media program offices already perform these activities. Use of CERCLA sections
104(b) and 104(e) provide EPA with the authority to enter a facility and access
information for the  purpose of conducting the safety audit.

      Audit team members, however, will  often consist of representatives from other
EPA media program offices who are charged with the  authority to conduct enforcement
or compliance inspections and audits.  In this situation, the role of this media program
official must be determined prior to notifying the facility of the audit. [Required Activity]
Facility notification  involves citing the CERCLA entry  and information gathering
authorities. If this media program official intends to exercise authorities other than
CERCLA sections 104(b) and 104(e), then the facility  must  be notified that these
additional authorities will be exercised.  In  this situation, there are two separate EPA
activities being conducted at the facility:  a chemical safety audit and an
enforcement/compliance inspection.  This additional use of other authorities must be
presented in the same letter that cites use of CERCLA authorities. [Required Activity]
Facility notification  procedures are presented in section 4.2 of this Manual.


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      During the conduct of a chemical safety audit that is not coupled with an
enforcement inspection as presented above, program violations may be observed. These
violations should be referred to the respective program office or federal
agency/department for determination of what actions are to be taken following the audit.
2.5   Relationship Between CERCLA and SARA Title III

      The CSA program is being conducted under CERCLA authority.  While the idea
of the CSA program originated from the activities undertaken to prepare the section
305(b) study mandated by Congress under SARA Title III (see the introduction to this
Manual), and from similar audits conducted following catastrophic releases, there is no
statutory link between the CSA program and the SARA Title III program.

      The CERCLA and SARA Title III programs, however, have similar release
notification provisions.  A release or spill of a chemical above a certain threshold amount
(the chemical's designated "reportable quantity" or "RQ") will often require two separate
notifications:  if the chemical is a CERCLA "hazardous substance," the National
Response Center (NRC)  must be notified under CERCLA section 103(a), and, if the
chemical is a CERCLA hazardous substance and/or an "extremely hazardous substance"
(EHS) under SARA Title III, the emergency coordinator of the local emergency planning
committee(s) (LEPC) and the state emergency response commission(s) (SERC) likely to
be affected by the release must be notified  under  SARA Title III section 304(a).
CERCLA hazardous substances are listed at 40 CFR Part 302; EHSs under  SARA Title
III are listed at 40 CFR Part 355.

      Although  the two lists overlap considerably, they are not identical; approximately
138 EHSs are also  CERCLA hazardous substances.  It should be noted that all EHSs are
proposed to be designated as CERCLA hazardous substances. In situations where the
release is above the RQ of a chemical that  is listed both as an EHS under SARA Title
III and as a hazardous substance under CERCLA, notifications under both authorities
must be given by the facility; this is because each notification is a separate requirement,
and the  contents and recipients of the notifications differ.

      In addition, similar goals are shared  by both the CSA  program and the SARA
Title III program. These include the following:

             Increased level of preparedness for responding to accidental releases of
             chemicals both at a facility and in a  community;

             Increased awareness and understanding of chemical hazards; and

             Increased levels of safety practices related to producing, treating, handling,
             disposing, and transporting of hazardous substances at a facility.

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      Involvement in the CSA program by representatives of LEPCs and SERCs, either
as audit team members, information sources, or both, is encouraged to enhance the goals
of both these programs.  However, state and local government participation in the audit,
itself, must be performed under state and local authorities.
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                          3. Role of Audit Team Members


3.1   Audit Team Composition

      An EPA audit team consists primarily of EPA employees, and other designated
representatives, including contractors and the American Association of Retired Persons
(AARP) enrollees.  The participation of other federal, state, and local government
personnel, particularly SERC and LEPC representatives, is encouraged, but they should
be made aware that they will be entering and accessing information from a facility under
their own authorities.  Section 3.3 of this Manual further discusses the participation of
non-EPA audit team personnel.

      The audit team can vary in size, depending upon the level of detail of the audit
(e.g., number of chemicals and/or processes under investigation; national significance).
At a minimum, however, there must be two technical experts on a team for collection
and verification of technical findings and observations.  [Required Activity]

      The following list represents suggested roles, responsibilities, associated
disciplinary backgrounds, and other parameters for composing a team.  This list is
provided as guidance and in no way is a  required format for forming an audit team.  In
many cases, your team composition may require you to combine or divide  roles.

Team Leader

             Must be EPA employee; [Required Activity]

             Coordinates audit logistics, makes team assignments, coordinates initial
             liaison with facility personnel, and coordinates preparation and distribution
             of final site visit report; and

             Provides any needed follow-up information.

Deputy  Team Leader

             Must be EPA employee or designated  representative;  [Required Activity]

             Provides logistical support, as directed  by Team Leader; and

             Assumes other responsibilities delegated  by Team Leader.

Chemical Process Hazards Reviewer

             Must be EPA employee or designated  representative;

             Responsible for collection and verification of process-related information;


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             Primary liaison with facility technical personnel; and

             Requires technical knowledge of chemical hazards, process engineering,
             and maintenance procedures.

Chemical Accident Prevention Reviewer

             Must be EPA employee or designated representative;

             Responsible for collection and verification of facility information;

             Liaison with appropriate facility technical personnel;

             Requires technical knowledge of chemical accident prevention, including
             hazard evaluation and modeling techniques and release
             prevention/mitigation systems.

Safety and Training Reviewer

             Must be EPA employee or designated representative;

             Responsible for collection and verification of facility information;

             Primary liaison with facility health and safety personnel;

             Requires knowledge of operator, safety, and worker right-to-know training
             programs.

Emergency Planning and Response Reviewer

             Must be EPA employee or designated representative;

             Responsible for collection and verification of facility information;

             Primary liaison with appropriate  facility personnel responsible for planning
             and response;

             Requires knowledge of emergency planning and response requirements.

      Technical expertise for  the chemical safety audit program refers to knowledge,
experience, and disciplinary training in plant process design, engineering, operations,
training, and  emergency planning. Example disciplines include:

             Chemical, civil, industrial/safety, and environmental engineering,
             Plant process experience,
             Environmental science,


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             Industrial hygiene,
             Geology, and
             Environmental and emergency management and planning.

Personnel with the appropriate expertise can be found in the following regional program
offices:  media (e.g., air, water, radiation);  RCRA;  TSCA; Superfund (e.g., emergency
preparedness and response, removal, health, and safety); and Research and
Development.

      In selecting team members, the  skill base of the team must accommodate the
need for coverage of the major audit elements:

             Process and safety system technologies;
             Operating procedures;
             Training programs;
             Emergency planning activities; and
             Management activities.

Specific tasks should be  assigned to each team member.  Each member should know
his/her respective role in all facets of the facility audit. Certain members may be
assigned the lead on one or more facets of the audit, and the other team members,
because of their  individual skills and experiences, should be prepared to contribute to the
completion of that facet of the audit.

      In summary, an EPA audit team can consist of EPA employees, EPA contractors
(e.g., Technical Assistance Team), AARP enrollees, and  representatives from federal,
state, and  local governments.  Two basic restrictions apply  to the "team;"  one, the Team
Leader must be an EPA employee, and two, the Chemical Process Hazards Reviewer
must be an EPA employee or designated representative  (i.e., EPA employee, contractor,
or AARP  enrollee). [Required Activity]  This last restriction is required to  ensure
continuity  in communicating the audit scope and intent.

      The following provides an overview of the anticipated roles and responsibilities for
EPA employees, contractors/TAT personnel, and AARP enrollees:

             EPA employees coordinate audit program  and lead the audit team.

             Contractors/TAT personnel provide technical support as defined by EPA.

             AARP enrollees:

                   Provide support role in audits;

                   Apply professional expertise and experience in chemical engineering
                   or other technical  or industrial fields for reviewing process safety
                   technologies at facilities;


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                   Apply other expertise in such areas as safety management or
                   training for involvement in other aspects of the audit (i.e., reviewing
                   emergency plans, training manuals, and emergency notification
                   procedures and/or systems);

                   Participate in report preparation, including observations and
                   recommendations from the audit;

                   Identify facilities for potential audits,  using information sources such
                   as Accidental Release Information Program (ARIP) data, and
                   coordinate with regional response centers; and

                   Are limited to field  activities that do  not stress physical limitations.
3.2   Training and Safety Requirements

      Field activities for EPA employees are subject to the training requirements
embodied in EPA Order 1440.2, Health and Safety Requirements for Employees
Engaged in Field Activities.  The Order establishes policies, responsibilities, and
mandatory requirements for occupational health and safety training and certification, and
occupational medical monitoring.

      EPA Order 1440.2 requires that a Site Safety Plan be developed for EPA
employees conducting a chemical safety audit at a facility handling hazardous substances.
EPA regional offices can either use the model site safety plan (see Attachment 3), or
develop their own program that complies with EPA Order  1440 and the Occupational
Safety and Health Administration's worker protection standards codified at 29 CFR 1910
and 1926. The plan should include a description of the proposed audit scope, facility
health hazards, necessary protective equipment, contractor  participation, and
decontamination procedures, and must be completed and approved by the EPA project
coordinator, branch chief, on-scene supervisor,  and health and safety manager.  Under
certain circumstances, a more extensive plan may also be required.  For more
information, contact the safety and health office in your region.

      Audit team members should dress appropriately, including steel-toed boots, safety
glasses, and hard hats.  Team members should  provide their own safety equipment, and
should not rely on the facility.

      Prior to participating  in an audit, all  EPA team members, which include EPA
employees, contractors, and  AARP enrollees, must have  completed the following training
courses:
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             Training in occupational health and safety procedures under EPA Order
             1440.2. Attending a 24-hour or 40-hour health and safety course that is
             approved and sponsored by EPA and conducted by EPA or its contracted
             agents fulfills the requirement of this Order; [Required Activity] and

             EPA Chemical Safety Audit Training Course.  (Course attendance
             flexibility is discussed below.)

In addition to the listed training, annual medical monitoring is required.  [Required
Activity]

      In some audits, a specialized technical expert (i.e., contractor or other EPA
program personnel) who normally does not participate in CSA program  activities will
assist in conducting the audit. Under these circumstances, it will be difficult for such an
individual  to have taken the EPA CSA course. Consequently, the requirement for the
CSA course is flexible depending upon the situation. The health and safety training
requirements and medical monitoring, however, are not flexible. [Required Activity]
This requirement should not pose any problems, since it would be rare for a technically
qualified contractor or EPA employee not to have had this training.

      Suggested topics for additional, but not required, training include:

             Handling of confidential business information;

             Interviewing techniques;

             Hazard evaluation techniques;

             Chemical processing techniques;

             Negotiating techniques; and

             Technical writing.


3.3   Non-EPA Personnel Participation on Audit Team

      Non-EPA team members may include representatives of other federal agencies
and departments, states/SERCs, local officials/LEPCs, and any other group not previously
identified as an EPA team member.  The regions are encouraged to invite participation
by non-EPA personnel in audits, but entry into the facility must be authorized pursuant
to authorities other than CERCLA.  Participation of non-EPA personnel must be in a
support role as defined by the Team Leader.  In addition, non-EPA personnel cannot
serve in the capacity of Team Leader or Chemical Process Hazards Reviewer. [Required
Activity]
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       SERC and LEPC participation is encouraged to enhance their knowledge of
chemical hazards and process safety for use in planning activities under SARA Title III
and in future Clean Air Act Amendments Risk Management Program activities. SERCs,
LEPCs, and other federal  agencies also serve as a valuable source of information in
preparing for the audit.

       It is important to inform these representatives of the required health and safety
training that EPA employees and representatives undergo prior to audit participation.
As discussed in the next section, non-EPA participants  require their own liability
coverage.
3.4    Liability

       Liability associated with conducting audits is described in the following sections for
each group potentially represented on an audit team.

       3.4.1  Federal Employees

       Under the Federal Employees Liability Reform and Tort Compensation Act of
1988, a suit can no longer be maintained against a Federal employee  in his or her
individual capacity for any act (discretionary or non-discretionary) performed within the
scope of the employee's employment.  All such suits must now be brought against the
United States government. If named in a  suit in his or her individual capacity,  employees
should promptly notify the Office of Regional Counsel and the Office of General
Counsel.

       The legislation does not change the potential liability of a Federal employee in his
or her individual capacity for grossly negligent actions (usually taking the action out from
under the scope of the employee's employment), for Constitutional violations, and for a
violation of a statute "for which a claim is  otherwise authorized." All  audit participants
should have audit responsibilities clearly delineated in their job description.

       3.4.2  AARP Enrollees

       There are no provisions for indemnifying AARP enrollees from personal liability
under the cooperative agreement between AARP and EPA.  Since AARP enrollees serve
only in support roles in all aspects of CSA program implementation, the Regional
Chemical Emergency  Preparedness and Prevention Coordinators and  their staff are
responsible for ensuring that enrollees are not placed in situations that could result in
job-related personal liability.
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       3.4.3 Technical Assistance Team Contractors

       The Federal Employees Liability Reform and Tort Compensation Act of 1988
only covers TAT contractors when responding to a CERCLA hazardous substance
release or performing a clean-up/removal related to such release.  Audit activities for
TAT contractors are not covered under this Act, since the contractor is not specifically
handling hazardous substances, pollutants, or contaminants.  TAT contractors must
investigate liability coverage with their respective employer.

       3.4.4 Federal. State/SERC. and Local/LEPC Government Personnel

       All non-EPA personnel will be entering a facility under their own authorities and
would  require their own liability coverage.
3.5   Conflict of Interest

      Conflict of interest refers to any person (i.e., EPA employee, contractor, AARP
enrollee, non-EPA personnel) who has a financial interest associated with the facility
being audited, has been previously employed with the facility, or a facility subsidiary,
and/or has been a consultant for the facility. Persons with conflict of interest should not
participate in any activities, either on-site or off-site, associated with the facility audit.
[Required Activity]  In addition, such persons must identify themselves to the Team
Leader and excuse themselves from the audit of that facility. [Required Activity]
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                              4. Preparing for the Audit
4.1    Facility Selection
       At present, there are no established procedures for selecting a facility for an audit.
Each region has flexibility in identifying facilities.  A variety of options useful to
identifying a facility are discussed below.  Although there is substantial flexibility in
facility selection, there are two important requirements:

             A release of a CERCLA hazardous substance, pollutant, or contaminant
             must have occurred, or there must be "reason to believe" that a threat of
             such a release exists at the facility; [Required Activity] and

             The Office of Regional Counsel and the SERC of the state where the
             audited facility is located must be consulted to identify any legal actions
             currently being pursued or anticipated. [Required Activity] It is advised
             that regional media programs also be consulted.

       The following list provides a variety of options to consider when selecting a
facility. Information sources to be used in evaluating these options include federal, state,
and local  release notification reports and follow-up reports, OSC reports, Regional
Response Centers, ARIP, ERNS, and other sources (see Attachment 4 and chart in
section 4.3).

             Previous release history of the facility;

             SERC and/or LEPC referral;

             Proximity to sensitive population(s);

             Public sensitivity;

             Opportunity for sharing new technology;

             Population density; and

             Concentration of industry in the area.

       In  addition, the region may wish to select facilities for  a chemical safety audit as
part of a larger regional initiative, such as an evaluation of facilities using a specific
chemical or located near a particularly sensitive environment.  For example, during fiscal
year 1992 a number of facilities that produce and use hydrogen fluoride were examined
by audit teams nationally, while Region 5 conducted all of its audits in coordination with
its Great Lakes Basin pollution prevention initiative.
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4.2    Facility Notification

       Once a facility has been selected, the process of notifying the facility and
scheduling the audit can be initiated. Although each region will invariably establish its
own procedures for notifying a facility and coordinating the audit, the following
suggestions and  tools should be integrated into that process.  These suggestions are
designed to help establish a constructive rapport with the facility and to ensure the
correct use of statutory authorities and other legal requirements.

       The Team Leader should make an initial phone call to the facility owner/operator.
The purpose of  this call is to identify a "contact" at the facility for all correspondences, to
communicate/explain the purpose and intent of the audit, and to schedule dates for
conducting the audit. In some instances, it may be useful to schedule a pre-audit meeting
with the facility  to obtain further information.

       The phone call should be followed by a letter to the facility contact that
summarizes the  initial conversation and confirms any decisions made during the call.  In
addition, the letter serves to confirm audit statutory authority, provide the facility an
opportunity to claim confidential information, and to identify the contractor, if a
contractor is participating. As previously stated in section 2.2.3 of this Manual, the
contractor must be identified by contractor name and contract number in order to have
access to confidential information.

       Attachment 5 is  a sample letter designed to fulfill the above goals.  While
language may be added to the letter, such as a summary of a phone conversation,  the
legal aspects of  the letter as contained in the attachment should not be materially
altered. [Required Activity] It is suggested that all correspondence with the facility be
reviewed by the Office  of Regional Counsel  (ORC).

       Unfortunately, not all efforts  to schedule and coordinate an audit based upon the
voluntary  consent of the facility will  be successful. After receiving either the facility's
written or verbal denial of EPA's request to conduct the audit, a letter must be sent to
the facility (1) confirming this denial; and (2) invoking use of the CERCLA 104(b) and
104(e) authorities for entry. [Required Activity]  Attachment 6 contains a sample letter
specifically designed for this situation. Preparation of this letter must be coordinated
with your  Office of Regional Counsel. [Required Activity] The suggested letter states
that continued refusal of facility access can result in EPA issuing an order requesting
entry and/or initiating an enforcement action. Any further activities and contact with the
facility should be pursued in coordination with the Office of Regional Counsel.
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4.3    Facility Background Information

       Preliminary preparation is an important factor in conducting an organized audit.
The team may find it useful to collect the facility background information several weeks
in advance of the audit.  This will require contact with the facility and state and local
officials to arrange delivery of these materials.  The audit team can then review this
information and become more familiar with the facility prior to the audit. Using this
technique, the team will be able to  prepare a detailed list of topics and questions to help
organize their activities during the facility visit.  The following list is a sampling of the
types  and sources of information that will assist a team in preparing for the audit:
Type of Information
Release History
Regulatory History
Hazardous Chemicals
(Hazards, Amounts,
and Locations)
Chemical Processes
Community Involvement
Sources of Information
OSC reports; ARIP questionnaires; ERNS; SARA
Title III sections 304 and 305(b) reports; state
release files
Local, state, and federal air, water, and waste
permits; SARA Title III sections 302, 304, 311, 312,
and 313 submissions
SARA Title III sections 311 and 312 submissions;
OSHA hazard communication and process safety
management standard documents; hazards analysis;
NIOSH Pocket Guide to Chemical Hazards
Industry standards and processing techniques from
trade and professional groups (e.g., AIChE, ASSE,
and the Chlorine Institute); process flow diagrams
and piping and instrumentation diagrams
CAER; LEPC; and SERC
      The "Audit Protocol/Report Preparation Guidance" as presented in section 6.0 of
this Manual provides further detail on the types of information that may be requested
from the facility prior to conducting the audit.  Attachment 4 contains further
information on these listed sources.
4.4   Preparing for the Site Visit

      Prior to conducting the on-site audit, a pre-visit meeting should be conducted with
the entire audit team, including any non-EPA personnel who will be visiting the facility.
This meeting should be held as close to the date of the site visit as possible to keep the
important points being emphasized fresh in everyone's mind. By this  time, the audit
team should already be operating as a unit; all team members should be familiar with the
audit protocol, the information previously collected by the team should have been
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reviewed, additional information to be obtained at the facility should have been
identified, and the team members should have developed individual agendas.  The pre-
visit meeting serves to reinforce what already is in place  and should cover the following
items:

             Clearly establish the responsibility and authority of the team leader;

             Review highlights of the audit's objectives and note any specific team
             member responsibilities;

             Review any personal health and safety issues that may be present at the
             site for the team to prepare for and avoid  (see section 3.2);

             Review information  about key personnel and operations at the site;

             Establish objectives and an agenda  for each day of the site visit;

             Cover logistical matters such as a nightly team meeting to discuss results
             and plan the next day's activity; and

             Cover any other topics that the Team Leader identifies.
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                              5. Conducting the Audit


      The on-site chemical safety audit will consist of the following four phases:

                   Entry;

                   Opening Meeting;

                   On-site Activities; and

                   Exit Briefing.
5.1    Entry

      The audit team should arrive at the facility during normal working hours at a time
and date pre-determined with the facility. At the facility entrance  office, the facility may
provide a blank sign-in sheet, log, or visitor register.  It is acceptable for the audit team
members to sign it. EPA employees and authorized representatives, however, must not
sign any type of "waiver" or "visitor release" which would relieve the facility of
responsibility for injury, or which would limit the rights of the Agency to use the data
obtained from the facility. [Required Activity]   When such  a waiver or release is
presented, the Team Leader  should politely explain that such a document cannot be
signed, and a blank sign-in sheet should be requested.  If the team is refused entry
because they do not sign such a release, the Team Leader must report all pertinent facts
to the ORC, and leave the facility  if the matter cannot be resolved. [Required Activity]
All events surrounding the refused entry must be  fully documented including the name of
the person(s) refusing entry.  [Required Activity]  Procedures described  in section 4.2 of
this Manual concerning refusal  of entry must then be followed. [Required Activity]
5.2    Opening Meeting

       The entire audit team will meet with the plant manager and his/her key staff, and
will likely discuss the entire audit.  The staff of the plant manager could include
superintendents  of safety and operations, a lawyer, and corporate representation. The
team should be very clear about its purpose and should be prepared to discuss the audit
starting with an explanation of the CSA program, facility selection, the audit purpose and
scope,  the background research performed,  the specific objectives for the  site visit, and
the report that will be written.

       During the meeting, the audit team should outline its specific on-site agenda and
the cooperation  needed to accomplish that agenda.  In addition, the meeting provides a
good opportunity for the facility to provide the audit team with an overview of its
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operations and safety programs and may include a general tour of the whole facility (as
appropriate).  This meeting typically requires at least a half day.
5.3   On-Site Activities

      Once past the opening meeting, the audit team may split up into smaller groups to
take a plant tour and interview other operations and management personnel.  The plant
tour should include specific tours of the chemical handling and process areas.  The team
should interview personnel involved in such areas as process  safety, process operations,
technical support, personnel, emergency planning and  response, and environmental
management.

      During these tours and  interviews, individual team members should be obtaining
information and making observations that fulfill the needs of their individual
responsibilities.  The questions and prompts for discussion contained in the annotated
audit protocol can  be helpful.

      During this  or any other part of the site visit, it is possible that  an observation will
be made or that information will be obtained that should be  of significance to the audit
team, but that is beyond the scope of the facility audit. In this event, the Team Leader
should be notified.
5.4   Exit Briefing

      In this final meeting, the entire audit team will meet with the plant manager and
his/her key staff to discuss the results of the audit as it presently stands.  The plant
manager may be accompanied by the same people  who attended the opening meeting.
The facility will want to know about all significant team findings and, more importantly,
about the conclusions that have been drawn and the recommendations that will be made.

      Prior to the exit briefing, the audit team should have a private meeting to
establish an agenda for this meeting. Significant observations and findings should  be
listed for discussion with the facility.  The team should identify conclusions based on this
information only to the extent that a consensus among team members can be reached.  A
team consensus is also necessary for identifying any recommendations to the  facility at
this time.  In the absence of team consensus, it is inappropriate to offer conclusions or
recommendations to the facility during the exit briefing.  This does not, however,
preclude drawing such conclusions or making any recommendations in the audit report
that will be written later.
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                    6. Audit Protocol/Report Preparation Guidance
6.1    Purpose and Structure

       This protocol/report preparation guidance (see Exhibits 1 and 2) provides a
detailed topic outline to direct the scope  and content of the audit and a structure for
preparation of the audit report.  The protocol and report format have been integrated to
accomplish the following goals:

             Provide detailed guidance on the types of information that should be
             reviewed during the audit and discussed in the report;

             Ensure continuity in report preparation; and

             Provide an organized and detailed report format for easy access to specific
             lessons learned on chemical process safety management practices.

       Because of the scope of the audit  or the resources and expertise of the audit
team, it may not need, or be able, to address all areas of the protocol.  However, all
areas of the protocol should be addressed in the audit report (e.g., state that the audit
team did not review the facility's hazard evaluation and modeling capabilities).

       By providing this Manual to facility personnel prior to conducting the audit, the
facility will also have a more thorough understanding of the audit scope and intent.  The
facility can prepare for the audit by assembling information and identifying personnel
with the required expertise to assist the audit team.

       This guidance is structured to address each of the major elements of chemical
process safety management at the facility being audited. These include:

             Facility Background Information;
             Chemical Hazards;
             Process Hazard Information;
             Chemical Accident Prevention;
             Accidental Release/Incident Investigation;
             Facility Emergency Preparedness and Planning Activities;
             Community Emergency Planning and Response Activities; and
             Public Alert and Notification Procedures.

       Preceding each of these sections in the  annotated protocol/report guidance
(Exhibit 2) is a brief overview of the purpose of this section with respect to the audit
scope.
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                                   Exhibit 1

                  Outline of Protocol/Report Preparation Guidance


1.0    INTRODUCTION

2.0    SUMMARY OF FINDINGS/CONCLUSIONS

3.0    BACKGROUND

      3.1    General Facility and Audit Information
      3.2    Purpose of  the Audit and Facility Selection Process
      3.3    Audit Methodology

4.0    FACILITY BACKGROUND INFORMATION

      4.1    Site and Surrounding Area Description

            4.1.1  Facility Profile
            4.1.2  Site Topography and Meteorological Conditions
            4.1.3  Site Access
            4.1.4  Special/Sensitive Populations and Environments
            4.1.5  Regional Demographics
            4.1.6  Identification of Vulnerable Zones

5.0    CHEMICAL HAZARDS

      5.1    Overview of Hazards for Chemical(s) Being Audited
      5.2    Facility Management of Chemical Hazard Data

6.0    PROCESS INFORMATION FOR HAZARDOUS CHEMICALS

      6.1    Storage and Handling

            6.1.1  Storage Systems
            6.1.2  Shipping/Receiving
            6.1.3  Material Transfer

      6.2    Process Description

            6.2.1  Overview of Processing Steps and Operating Procedures
            6.2.2  General Description of Process Equipment Capacity
            6.2.3  Back-ups and Redundancy
            6.2.4  Process Parameter Monitoring
            6.2.5  Environmental Monitoring
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      6.3    Process Hazards

7.0    CHEMICAL ACCIDENT PREVENTION

      7.1    Management Activities

            7.1.1 Corporate Role in Facility Process Safety Management
            7.1.2 Facility Role in Process Safety Management
            7.1.3 Audit Activities and Procedures

      7.2    Process Operation and Maintenance

            7.2.1 Standard Operating Procedures
            7.2.2 Training Practices
            7.2.3 Equipment Maintenance Procedures
            7.2.4 Instrument Maintenance

      7.3    Hazard Evaluation and Modeling

            7.3.1 Hazard Evaluation
            7.3.2 Modeling

      7.4    Release Prevention Systems

      7.5    Mitigation Systems                                               ,

8.0    ACCIDENT RELEASE INCIDENT INVESTIGATION

      8.1    History of Accidental Releases/Incidents
      8.2    Facility Investigation Procedures

9.0    FACILITY EMERGENCY PREPAREDNESS AND PLANNING ACTIVITIES

      9.1    Facility Emergency Response Plan
      9.2    Emergency Response Exercises and Simulations
      9.3    Fire, Evacuation, and Rescue Corridors
      9.4    Emergency Equipment Provisions
      9.5    Emergency Response Chain of Authority
      9.6    Emergency Response Management Procedures
      9.7    Emergency Communication Network within the Facility
      9.8    Emergency Response Personnel Training Requirements
      9.9    Follow-up Release Procedures
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10.0   COMMUNITY AND FACILITY EMERGENCY RESPONSE PLANNING
      ACTIVITIES

      10.1  Facility Planning and Outreach Activities with Community
      10.2  Local/Community Emergency Response Planning

11.0   PUBLIC ALERT AND NOTIFICATION PROCEDURES

      11.1  Procedures for Public Notification of Releases
      11.2  Schedule for Testing Procedures
      11.3  History of Notification Procedures and Evaluation
      11.4  Community and Facility Contacts
      11.5  Facility and Media Interaction

12.0   CONCLUSIONS

13.0   RECOMMENDATIONS

      APPENDICES
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                                    Exhibit 2

                  Annotated Protocol/Report Preparation Guidance
STANDARD DISCLAIMER (see Attachment 7)
1.0  INTRODUCTION

            Purpose and scope of the audit program (Attachment 8 contains standard
            language to describe the purpose and scope of the program); and

            Paragraphs identifying facility name and location and why audited
2.0  SUMMARY OF FINDINGS/CONCLUSIONS

            Briefly summarize audit findings (both positive and negative)


3.0  BACKGROUND

      3.1    GENERAL FACILITY AND AUDIT INFORMATION

                  Facility name, location, principal activities;

                  Dates audit conducted; and

                  Listing of team members and their affiliation, areas of responsibility,
                  and expertise.

      3.2    PURPOSE OF THE AUDIT AND FACILITY SELECTION PROCESS

                  Briefly explain why facility was selected.  Audit could be conducted
                  for a number of reasons such as:

                        To follow up on an accidental release or series of releases
                        (include description of triggering incident);
                        To focus on particular technologies, processes, operations, or
                        chemicals;
                        Regional or headquarters initiatives;
                        At request  of state and/or local officials; or
                        At facility invitation.
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      3.3    AUDIT METHODOLOGY
                   Summary of the process areas and other locations that were
                   investigated and why they were selected; and

                   Important audit limitations  (e.g.,  no  comparison of safety systems
                   across several similar operations  was performed).
4.0 FACILITY BACKGROUND INFORMATION

      A history of site activities and a description of the surrounding area provides
information on the potential risk that facility activities may pose to the surrounding
community and the environment in the event of an accidental chemical release.

      4.1    SITE AND SURROUNDING AREA DESCRIPTION

             4.1.1 Facility Profile

                          Facility history and principal activities (i.e., date built,
                          modifications and improvements, releases, etc.), size and
                          layout, and ancillary operations (e.g., power generation,
                          warehouse, distribution center, laboratory, waste treatment,
                          etc.); and

                          Reference maps in appendix or use simple maps in text.

             4.1.2 Site Topography and Meteorological Conditions
                                                                  i
                          Natural disaster potential (e.g., earthquake, flood);
                          Geology; and
                          Climate.

             4.1.3 Site Access

                          Transportation routes, including railroad and  waterways; and
                          Site security (e.g., fencing and  gates, security  guards,  and
                          access by non-authorized persons).

             4.1.4 Special/Sensitive Populations and Environments

                          Hospitals, schools, and nursing homes; and
                          Wetlands, drinking water supply,  etc.
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            4.1.5  Regional Demographics

                         Economy, population, industrial and growth patterns

            4.1.6  Identification of Vulnerable Zones
5.0 CHEMICAL HAZARDS

      This section serves to not only focus briefly on the hazards associated with
particular substances, but to provide pertinent facts on the facility's understanding of
what are the chemical hazards for each substance.

      5.1   OVERVIEW OF HAZARDS FOR CHEMICAL(S) BEING AUDITED

                   Brief description of hazards; and

                   Reference detailed information in appendix (i.e., MSDS, etc.) -- do
                   not rewrite MSDS information.

      5.2   FACILITY MANAGEMENT OF CHEMICAL HAZARD DATA

                   What the facility recognizes as the hazards associated with the
                   chemical(s);

                   Documentation available on hazards associated with chemical(s)
                   (e.g., MSDS, corrosion rates, reactivity data, etc.);

                   Availability of such data to employees (e.g., OSHA Hazard
                   Communication Standard training);

                   Mechanism for reviewing and updating information;

                   Mechanism for documenting suspected acute and chronic toxic
                   effects (e.g., medical and industrial hygiene personnel); and

                   On-site availability of emergency medical care.
6.0   PROCESS INFORMATION FOR HAZARDOUS CHEMICALS

      A review of facility operations associated with the processing of the chemical(s)
being examined can  reveal facility practices and techniques for handling process hazards,
as well as reveal facility understanding of the process hazards.  (Within each subsection,
the report should  address every chemical and process examined during the audit for
which observations, conclusions, and/or recommendations were noted.)

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6.1    STORAGE AND HANDLING

      6.1.1 Storage Systems
                   Storage methods;
                   Capacity;
                   Location, including compatibility and spacing;
                   Hazard identification (placards and labelling);
                   Maintenance and housekeeping of area; and
                   Block diagrams to illustrate major process flows.
      6.1.2 Shipping/Receiving
                   Method(s) of receiving and shipping (e.g., tank trucks, rail
                   cars, pipelines, cylinders, barges, etc.);
                   Schedules and quantities of shipments;
                   Responsible personnel and level of training;
                   Coordination of transportation issues with the community
                   contingency plan; and
                   Transportation corridors used.
       6.1.3 Material Transfer
                   Transfer method(s) from storage to processing areas and
                   between different stages of process;
                   Pipe coding/labelling for flow direction and contents;
                   Other transfer systems (e.g.,  compressors, ejectors, pumps,
                   blowers, etc.);
                   Housing of transfer systems;  and
                   Off-site accessibility.
6.2    PROCESS DESCRIPTION

       6.2.1 Overview of Processing Steps and Operating
                    Procedures
                    Listing different operations and process steps in chronological
                    order for hazardous chemical; can use block-type flow
                    diagram to illustrate steps;
                    Chemical production or use rates;
                    Chemical reaction(s) description (e.g., catalysts, activators,
                    inhibitors, exothermic, etc.);
                    Blending or separation steps;
                    Material incompatibilities;
                    Pressure and temperature variations; and
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                         Consequences of deviation:  what happens to chemicals
                         spilled, leaked, vented, etc.

             6.2.2 General Description of Process Equipment

                         Capacity and design conditions;
                         Construction material;
                         Flow rates;
                         Parameters  monitored, controlled, and recorded (at
                         equipment or in control room);
                         Production or use rates for chemical; and
                         Comparison of design limits and operating parameters.

Note: Attachment 9 contains further guidance on reviewing process operations.

             6.2.3 Back-ups and Redundancy

                         List systems with back-ups or automatic shutdowns;
                         Description of back-ups and how and why used;
                         Availability  of back-up power systems;
                         Method of detecting inoperative control equipment and
                         availability of back-ups; and
                         For facility with scrubbers or flares, their capacity for
                         handling accidental releases.

             6.2.4 Process Parameter Monitoring

                         Description of process parameters for operations and
                         processes and why used;
                         Performance history at facility;
                         Monitoring  and recording procedures; and
                         Procedures  for addressing unsafe parameter levels.

             6.2.5 Environmental Monitoring

                         Description of system(s) used to monitor hazardous chemical
                         levels within work areas and in the surrounding environment
                         .(e.g., types,  location, etc.);
                         Connection  to alarm and communication systems; and
                         Performance history at facility.
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      6.3    PROCESS HAZARDS
                   Hazards facility has identified for the process and determined to
                   present a significant risk to the facility and/or the surrounding
                   community (e.g., storage tank failure, pipeline leak, process vessel
                   overpressurization)
7.0    CHEMICAL ACCIDENT PREVENTION

      Practices and technological systems for controlling the process hazards presented
in section 6.0 of this protocol/report outline, are an important part of chemical process
safety management. This section is intended to describe mechanisms for implementing
and maintaining safe process systems.  Management directives are reviewed in this
section to identify goals and implemented activities, such as training  and equipment
maintenance procedures, that present the facility's  perspective and commitment to safe
management of process hazards.

      7.1     MANAGEMENT ACTIVITIES

             7.1.1 Corporate Role in Facility Process Safety Management

                         Corporate safety policy, guidance, and directives; and
                         Technical  and financial assistance (e.g., process modifications,
                         information exchanges,  and capital improvements).

             7.1.2 Facility Role in Process Safety  Management

                         Policy and directives;
                         Goals and objectives; and
                         Employee safety committees and incentive programs.

             7.1.3 Audit Activities and Procedures

                         Frequency of facility audits;
                         Responsible department and involvement of external
                         personnel  (e.g., corporate and private consultants);
                         Audit scope;
                         Audit procedures and time frame; and
                         Implementation of audit recommendations (e.g., policy and
                         procedures).
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      7.2    PROCESS OPERATION AND MAINTENANCE

             7.2.1 Standard Operating Procedures

                         SOP manuals available (e.g., operating procedures manual,
                         supervisory operating manual, safety manual, accident and
                         fire prevention manual);
                         How procedures/manuals reviewed and approved;
                         Listing of personnel roles and responsibilities;
                         Applicability of manuals to tasks conducted during normal
                         and emergency situations;
                         Other process guides: operating logs, shift turnover
                         procedures,  overtime procedures, call out procedures during
                         emergencies, reporting procedures for unusual circumstances
                         or process deviations;
                         Experimental operating conditions for process changes, and
                         management of change; and
                         Startup, shutdown, and routine operation checklists.

Note: Attachment 10 contains a summary of the types of documentation and other
materials that the audit team may want to review for more information on facility SOPs.

             7.2.2 Training Practices

                         Types of training available for operations and maintenance
                         personnel;
                         Methods and frequency of training;
                         Who performs training and qualifications;
                         Frequency and procedures for revising training;
                         Refresher courses and retraining;
                         Upset simulations and drills;
                         Use of process simulators;
                         Job duty qualifications/prerequisites;
                         Types and frequency of job qualification evaluations (e.g.,
                         performance reviews, tests);
                         Employee turnover rate; and
                         Master qualification list.

             7.2.3 Equipment Maintenance Procedures

                         Work order systems;
                         Maintenance and testing scheduling;
                         Preventive and predictive maintenance;
                         Equipment history records;
                         System for spare parts control;
                         Level of training;


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                   Frequency and method of communication between
                   maintenance and operations personnel;
                   Prioritization of maintenance and inspections;
                   Securing equipment during shift breaks;
                   Assuring proper repairs replacement; and
                   Management of change for equipment (e.g., appropriateness
                   of materials of construction).
      7.2.4  Instrument Maintenance
                   Work order systems;
                   Frequency and testing of instrument calibration, sensor
                   inspections, and alarm and interlock inspections;
                   Instrument history records;
                   System for spare parts control;
                   Frequency and method of communication between
                   maintenance and operations personnel;
                   Number of employees and shift coverage;
                   Level of training;
                   Management of change for instruments (e.g., appropriateness
                   of calibration settings); and
                   Error checking.
7.3  Hazard Evaluation and Modeling

      7.3.1  Hazard Evaluation
                   Type(s) or method(s) used at facility (e.g., What If, Hazop,
                   etc.) and why selected;
                   Processes and operations evaluated;
                   Procedures for targeting/scheduling evaluation (e.g., new
                   procedures, process modification, incidents);
                   Frequency and basis for updating methods;
                   Who participates in and reviews evaluation(s) and the
                   qualifications of such personnel;
                   Use of results and  methods of documentation;
                   Performance  of consequence analysis to understand impacts
                   of any potential release;
                   Implementation of results and recommendations; and
                   How is process change  managed.
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       7.3.2 Modeling

                   Uses and types of models for tracking releases into air,
                   surface water, and groundwater;
                   Processes, chemicals, and operations to which models have
                   been applied;
                   Goals of modeling activities (e.g. support for emergency
                   planning and emergency response);
                   Assumptions built in to the models (both by user and
                   developer) and facility perceptions of strengths and
                   limitations (e.g. dense gas releases,  terrain effects, single-
                   phase versus multi-phase modeling  capability);
                   Parameters  covered by surface and groundwater models (e.g.
                   degradation, photolysis, volatization, geochemical processes,
                   local hydrology, adsorption, desorption);
                   Validate model against experimental measurements; and
                   Use during incidents and the results (e.g., improvements in
                   emergency response or planning).

7.4    Release Prevention Systems

             Facility activities related to preventing a release

                   Description of type(s) of systems in place;
                   Why used;
                   Performance history at facility;
                   Testing and inspections; and
                   Modifications performed.

Examples of activities to prevent chemical releases:

             Improvements in process and equipment design;
             Reduction of inventories;
             Changes in siting of particular equipment;
             Increased  training and safety reviews;
             Improved  process controls;
             Installation of interlocks; and
             Failsafe design.

7.5    MITIGATION SYSTEMS

             Description of type(s) of system(s) in place;

             Why used;
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                   Performance history at facility; and

                   Frequency of testing and inspections.

            Examples of release mitigation systems include:

                         Water sprays and sprinkler systems;
                         Foams;
                         Physical separation of buildings and equipment; and
                         Physical barriers, including dikes, curbing, raised doorways,
                         and containment walls).


8.0    ACCIDENTAL RELEASE INCIDENT INVESTIGATION

      Facility procedures for identifying the underlying causes of unplanned incidents,
including fires, explosions, or releases of hazardous chemicals, and for preventing similar
incidents from  recurring serve  as  an important step toward the actual prevention of
future incidents.

      8.1   HISTORY OF ACCIDENTAL RELEASES/INCIDENTS

                   Types (e.g., reportable, near miss);

                   Chronicle of releases;

                   Reporting history; and

                   Community response and interaction.

      8.2   FACILITY INVESTIGATION PROCEDURES

                   Written procedures (e.g., guidelines, time frames);

                   Types of releases to be investigated  (e.g., near misses; or those
                   reportable under federal, state, or local law);

                   Personnel responsible for investigations;

                   Management involvement;

                   Actions taken resulting from investigation; and

                   Use of reports to share results (e.g., through training programs and
                   lessons learned) and distribution  scheme.
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9.0    FACILITY EMERGENCY PREPAREDNESS AND PLANNING ACTIVITIES

      Emergency activities in preparing for and responding to accidental releases
illustrate facility knowledge, dedication, and practices for mitigating incidents.

      9.1    Facility Emergency Response Plan

                   Type and coverage of facility response plans (e.g., OSHA emergency
                   action plan, SPCC plan, corporate plan);

                   Update schedule and procedures (i.e., how often revised and by
                   whom); and

                   Key procedural areas covered (e.g., release notification, evacuation,
                   response and mitigation activities).

      9.2    Emergency Response Exercises and Simulations

                   Types, frequency, and groups involved; and

                   Uses of findings.

      9.3    Fire, Evacuation, and Rescue Corridors

                   Procedures for conducting evacuations;

                   Condition and accessibility of fire and rescue corridors; and
                                   f
                   Detail and location of facility and community maps (Maps should be
                   referenced in appendix.).

      9.4    Emergency Equipment Provisions

                   Types;

                   Locations;

                   Inspection and maintenance policies, including testing; and

                   Sources of equipment (off-site versus on-site).

      9.5    Emergency Response Chain of Authority

                   Chain of command (e.g., designation of control during an
                   emergency); and
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                   Coordination with off-site response personnel.

      9.6    Emergency Response Management Procedures

                   Management's role in response incident situations.

      9.7    Emergency Communication Network within the Facility

                   Types and accessibility of communication system(s) and backups,
                   including sirens, walkie-talkies, and phones;

                   Testing of communication system; and

                   Ability of personnel to interpret warning signals.

      9.8    Emergency Response Personnel Training Requirements

                   Categories of facility emergency response personnel;

                   Type of training available and frequency;

                   Who performs training; and

                   Refresher courses.

      9.9    Follow-up Release Procedures

                   Incident clean-up (e.g., self, private contractors); and

                   After-action review of response with all involved parties (e.g., public
                   and private organizations).


10.0  COMMUNITY AND FACILITY EMERGENCY RESPONSE PLANNING
      ACTIVITIES

      Communication  to the community about facility activities and coordination with
the community in developing emergency response plans indicate a level of facility
commitment to safety, as well as revealing unique outreach activities.

      10.1   Facility Planning and Outreach Activities with Community

                   Awareness and participation in LEPC activities;

                   Participation in CAER activities; and
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                   Outreach activities, scholarship programs, open houses, joint
                   training, education, etc.

      10.2   Local/Community Emergency Response Planning

                   Community plan status;

                   Coordination between facility and community in plan preparation
                   and exercise;

                   Coordination with hospitals and emergency medical services on
                   treatment of chemical exposure victims;

                   Coordination with community response structures and procedures;
                   and

                   Mutual aid efforts and facility involvement in non-facility-related
                   community responses.


11.0  PUBLIC ALERT AND NOTIFICATION PROCEDURES

      Public alert and notification procedures identify unique procedures and facility
commitment to safety for the community.

      11.1   Procedures for Public Notification of Releases

                   Alarm systems (e.g.  sirens, air horns, whistles);

                   Communication networks (e.g., radio, television, phone);  and

                   Back-up systems.

      11.2   Schedule for Testing Procedures

                   Frequency of tests; and

                   Number and type of individuals notified.

      11.3   History of Notification Procedures and Evaluation

                   Type of incident;

                   Timeliness of public notification; and
                                        41

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                   Number of individuals notified and methods of public and private
                   emergency notification.

       11.4   Community and Facility Contacts

                   Alternate  contacts; and

                   Telephone number update procedures.

       11.5   Facility and Media Interaction

                   Direct communication links;  and

                   History of past interaction.


12.0 CONCLUSIONS

       The conclusions highlight safety practices observed at the facility.  As described in
section 6.2.2, Tips for Writing the Report, the information should be presented in a factual
manner and should refrain from judgments of adequacy or inadequacy.  This section
summarizes facility practices that reflect the facility's understanding of and commitment
to chemical process safety management.


13.0 RECOMMENDATIONS

       If applicable, the audit team may wish to make one or more recommendations
regarding observed processes, practices, technologies, and so forth.  Any such
recommendations should be stated clearly, and be practical and technologically feasible at
the facility.  Recommendations are not required or mandatory actions that must be  taken
by the  facility. They should be presented as options that the facility may consider to
enhance their knowledge of and practices in chemical process safety management.


APPENDICES

       During the audit process, the team will gather a variety of materials relating to the
operations  of the facility. Most of this material, however, while very helpful  in
conducting the audit and preparing the audit report, does not belong in the main body of
the audit report  and should instead be placed in appendices or maintained in the files of
the regional office for future use.  Examples of the types of material that might be
included as appendices are:
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      Sample facility memoranda, guidelines, SOPs, policy statements;




      Correspondence between the facility and the regional office; and




      Graphics such as photographs, maps, charts.




All materials should be labeled with the:




      Name of the facility;




      Date of the audit; and




      Other necessary identifying information.
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6.2   Writing the Report

      6.2.1 Post-Visit Meeting

      The entire audit team should reassemble as soon as possible after completion of
the site visit. This is important because the details of the site visit can become confused
and fade rapidly. Certain items should be covered in this meeting:

             Require that team members immediately review and edit their notes from
             the site visit to obtain clarity and completeness;

             Begin using the audit report outline as a basis for organizing all audit
             information;

             Consider the major audit elements during the review and  analysis process,
             the initial stage in to the completion of the audit report:

                   Facility Background Information;
                   Chemical Hazards;
                   Process Hazard Information;
                   Chemical Accident  Prevention;
                   Accidental Release/Incident Investigation;
                   Facility Emergency Preparedness and Planning Activities;
                   Community and Facility Emergency Response Planning Activities;
                   and
                   Public Alert and Notification.

             Review all  important observations and findings identified to this point in
             the audit; and

             Determine  whether or not any particular conclusions can be drawn or
             recommendations made for inclusion in the report.

      6.2.2 Tips for Writing the Report

      There are two main areas of consideration when preparing a report:

             Writing style; and

             Report format flexibility

      Writing style

      In many instances during report preparation, several individuals will be working on
separate sections pertaining  to his/her role in conducting the audit.  Although several
different writing styles may be presented in the report, it is very important that they all


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have one common element of presentation style ~ information is factual, relevant,
complete, objective, and clear.  The entire report, including the Conclusions and
Recommendations sections, should be presented in a factual manner and refrain from
judgments of adequacy or inadequacy.

       The Conclusions section should highlight facility safety practices observed during
the audit, identifying unique facility practices that should be shared as well as areas for
improvement. This summary should reflect the facility's understanding of, and
commitment to, chemical process safety management, and should refrain from judgments
of adequacy or inadequacy.  As an example of how to present conclusions, consider the
following pair of statements:

       Incorrect.  "The facility has adequate procedures to investigate and respond to the
       cause(s) of accidental chemical releases."

       Correct. "The facility prepares follow-up reports for accidental releases of
       hazardous  chemicals that occur both on- and off-site.  The report addresses the
       cause of the incident, recommended actions to prevent the release from
       reoccurring, and a schedule and list of responsible individuals for implementing
       these actions." [If the facility uses a form for this practice, it could be referenced
       in an appendix.]

       The first statement does not provide any information on  the facility's follow-up
procedures; in addition, a judgement is made on the procedures, which  may or may not
be valid. The latter illustrates procedures that the facility takes following an accidental
release of hazardous chemicals both on- and off-site.  Its style of presentation is factual
and provides clear information on what the facility does without commenting on the
adequacy or inadequacy of the procedures.

       The Recommendations section should provide clearly stated suggestions and
include the factual basis for each  recommendation.  The recommendations should be
both practically and technologically feasible for the audited facility — they are neither
mandatory nor required, and are  simply being presented for consideration by  the audit
team to the facility to enhance its chemical process  safety management.  As an example
of how to present recommendations, consider the following pair of statements:

       Incorrect.  "The facility should implement a preventive maintenance program."

       Correct. "The facility should evaluate the appropriateness  of its  use of the
       periodic maintenance system for maintaining pressure relief valves. This
       evaluation  could include, among other aspects, a review of alternative schemes,
       such as preventive maintenance and predictive maintenance."

       The first statement does not provide any information on  the facility's existing
maintenance program and it does not specify the particular application  for the
recommended preventive maintenance.  The latter clearly describes the current status of


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the element in question and provides alternatives for consideration. In addition, the style
of presentation is appropriate for the cooperative nature of the audit program.  In both
the Conclusions and Recommendations sections, all statements must address observations
that are presented in detail in the main body of the report.

      Report format flexibility

      The introduction to this section of the Manual addresses the purpose and uses of
the report protocol/outline.  One important purpose is to ensure consistency in report
preparation.  This consistency will help to facilitate analysis of conclusions and
recommendations and will assist CEPPO in effectively identifying successful and
problematic practices and technologies, and in sharing information with the regions, other
program offices, other federal agencies, state and local governments, facilities, and other
involved parties.

      There are 13 major report sections (i.e., 1.0,  2.0, etc.), and when preparing the
report, each of these must be addressed. [Required Activity] For some facilities,
however, information relevant to a major section may not exist, or the audit team may
not have been able to examine materials relevant to this element.  For example, the
facility may not have any system for alerting/warning the public that a  release has
occurred (section 11.0), or this element may not  have been reviewed by the audit team.
Rather than skip that section of the report, it should be  stated that the facility does not
have a public alert/warning system, or that this element was not examined in the audit.

      6.2.3  Follow-up Information

      With almost any audit, there is usually a need to contact the facility after the site
visit has occurred to  clarify a point or to obtain more complete information.  A chemical
safety audit is no different.  The preferred way to handle follow-up inquiries is for the
Team Leader to designate a person or persons to serve as the contact with the facility;
the facility may take  a similar approach in making any further responses to EPA. This
minimizes the opportunity for miscommunication and lends a credible  appearance to the
conclusion of the audit.

      6.2.4  Standard Report Disclaimer

      A standard report disclaimer accompanies all audit reports and is located after the
cover page. [Required Activity]  Attachment 7 contains a sample disclaimer.  The report
disclaimer serves to describe  the scope and limitations of the audit report  contents by
identifying the time frame in  which the audit was conducted, and by clarifying the
facility's role  in adopting or implementing any of the report contents.
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6.3    Review and Finalization Procedures

       In preparing the final audit report, there are two considerations to keep in mind:

             Access of draft report information through the Freedom of Information Act
             (FOIA);  and

             Report inclusion of facility confidential information.

       6.3.1  Access of Draft Information

       In order to ensure that  draft report information is not available to the public
through FOIA prior to report finalization, the EPA regional office can designate an EPA
official (e.g., Section, Division, or Branch Chief) to approve the report as "final." This
procedure is not mandatory, but highly recommended, since this process is cited under
the Deliberate Process Privilege Section, exemption 5 of FOIA [5 USC 552(b)5].

       Additional actions can be taken to prevent draft information from being accessible
under FOIA.  For example, all  draft materials can be stamped "DRAFT." Draft
materials can include the following citation at the  bottom of each page or on a cover
sheet:

               "Pre-decisional  Document, Not  Disclosable Under FOIA"
                            " - Do Not Cite or Quote - "

       Please note that these actions do not have legislative or regulatory authority, as
compared to the finalization process described above.

       6.3.2  Facility Confidential Information

       Another suggested activity during the report finalization process is submission of
the draft report to the  facility to identify any confidential information. The facility should
be contacted to establish a deadline (e.g., two weeks) to avoid lengthy delays. Any
information identified as confidential should be  treated as such. Comments on the report
that are provided by the facility can, but do not have to be taken into consideration as
the report is finalized.


6.4    Report  Distribution

       When the audit report is final, standard distribution by the Regional Chemical
Emergency Preparedness and Prevention (CEPP)  Coordinator is required to the
following groups and organizations:  [Required Activity]

            SERC and LEPC in which the facility is located;
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             Facility owner/operator;

             Facility CEO;

             EPA Headquarters, Chemical Emergency Preparedness and Prevention
             Office; and

             Any other federal, state, and local agencies or departments that assisted in
             conducting the audit.

The region should ensure that at least one unbound copy of the report suitable for
photocopying is provided to CEPPO.

      The Regional CEPP Coordinators should also consider distributing final audit
reports to other EPA offices; other federal, state, and local agencies or departments; and
other private and public sector organizations. Sharing the report with regional media
offices is encouraged. EPA Headquarters will also circulate copies to interested
headquarters media offices, the Prevention Work Group, and  other federal programs.
Press releases of audit activities (e.g., facility visit, report finalization, etc.) are also
discretionary for the Regional CEPP Coordinators and EPA Headquarters CEPPO staff.

      To help professionals conducting audits, EPA Headquarters is developing a
computerized database that contains profiles of all of the chemical safety audit reports.
The profiles are summaries of the audit reports organized  in a uniform format consistent
with  the CSA protocol.  The database has search capabilities that allow the user to
identify report profiles based  on SIC code, specific chemical hazards,  etc.  The
information contained in the database will be useful to the regions for a variety of
purposes, such as learning how a particular industry operates (e.g., the types  of chemicals
and kinds of processes in use and the typical problems encountered), as well as
identifying field experts and comparing processes at  different facilities for  the same
chemical.  CEPPO will also be able  to use the database to assemble and distribute
information on chemical process safety management and chemical accident prevention
issues and to assess the implementation of the CSA program.
6.5    Preparing the Report Profile

      An audit report profile should be submitted to headquarters in conjunction with
the  submission of the audit report for inclusion into the database.  The profile (see
Attachments 11 and  12) organizes the key information contained in the report, including
information on the facility and the audit team as well as report conclusions and
recommendations, in a format suitable for direct entry into the CSA database.  In
addition to providing the basis for the continued development of the CSA database, the
profile format can also assist the audit team during the audit process. The profile can
serve as a method of organizing issues of interest and assigning areas of responsibility to
team members prior to the audit, monitoring the progress of the team during the audit


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visit, and organizing the collected information during report writing.  The specific
information that should be included in the CSA report profile is described in the
annotated profile in Attachment 12.  A hardcopy and an electronic version of the profile
should accompany the audit report when it is submitted to EPA headquarters to facilitate
entering the profile information into the database.
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                            7.  Audit Follow-Up Activities

      As a supplement to the chemical safety audit and CSA report preparation, each
regional office should establish an audit follow-up program.  The follow-up program will
support EPA's efforts to evaluate the effectiveness of the CSA program in improving,  as
well as heightening awareness of the need for, chemical process safety among chemical
producers, distributors, and users.  In addition, it is hoped that the analysis of audit
results will provide a basis for amending the focus and direction of the CSA program to
better achieve its stated goals at the regional and headquarters level.

      Although the specific nature of the follow-up activities has been  left to the
discretion of the regional offices, at a minimum the program should be  designed  to track
audited facilities' implementation of CSA report recommendations.  This will allow
Headquarters to analyze trends in the implementation of CSA  recommendations as a
function of issue (e.g., employee training or instrument maintenance), level of effort (e.g.,
fixing a relief valve or replacing a storage tank), and  type and size of facility.  Within this
framework, the regional offices are free to examine other audit issues (e.g., format,
relationship with state and local officials) at their own discretion and to communicate
with the facility in writing or in person.

      Optionally, some of the regions also may wish to develop a method to verify
whether the information received from the facility is accurate, to the extent that regional
resources permit.  This may involve the  continued participation of state and/or local
officials in the audit process or another facility visit by EPA or Technical Assistance
Team members.
7.1    Follow-Up Approaches

      Currently, some regional offices have already developed follow-up programs.
They have approached the follow-up process from a variety of angles, ranging from
mailing worksheets to returning to the facilities for a post-audit review. For example:

      •      Region 6 conducted a comprehensive follow-up effort in FY 92 in which
             representatives from the region revisited 14 facilities that had been audited
             since 1989 to evaluate the implementation of audit team recommendations.
             Issues studied  included the most effective audit format; facility attitudes
             toward the audit process; the role of facility size in implementing
             recommendations; and the level of expertise of the audit team. Region 6
             used the follow-up information to compile quantitative regional data, which
             was summarized in charts and graphs to highlight key trends and  issues.
             The data indicated that 68 percent of the 173 recommendations were
             implemented at the  facilities involved in the project, with a notably lower
             rate for the five facilities with greater than 1,000 employees (56%) and for
             recommendations that involved changes in process  design (40%),  and a
             notably higher rate for compliance-related recommendations (100%)


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       •     Region 8 has sent questionnaires to facilities six and 12 months after the
             audits to check on the facility's progress in implementing the
             recommendations of the audit team.  The questionnaire lists each of the
             audit team's recommendation, and the facility indicates its response to the
             recommendations, including their future plans for implementing the
             recommendations.  For the questionnaires completed by facilities in 1991,
             the region identified an 80-85 percent response rate for facilities in
             implementing audit recommendations.

Another possible follow-up option suggested by one regional office is to present audited
facilities with an evaluation form at the same time as the final audit report is distributed
to the facility.
7.2    Specific Information Required

       The follow-up program should begin with the facilities at which an audit has been
conducted in fiscal year 1993.  Regions also have the option of performing follow-up
efforts at facilities audited in previous years. For each audit, the regional office should
provide EPA Headquarters with the following information:

       •    Full name and address of audited facility;

       •    List of recommendations made by the audit team as organized in the CSA
            report profile prepared by the region;

       •    Indication of how each recommendation has been or is planned to be
            implemented and/or addressed by the facility with the date completed or a
            schedule  for implementation, as appropriate;

       •    Rationale for any recommendations that have not been  implemented
            and/or addressed by the facility; and

       •    Audit implementation issues, including:

                   Facility attitude toward chemical safety audit, and

                   Successful and problematic audit practices.
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Attachments

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             Attachment 1




Chemical Safety Audit Program Fact Sheet

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                                                 FACT SHEET              MARCH  1993

                                                 CHEMICAL SAFETY AUDIT  PROGRAM
BACKGROUND

The Chemical  Safety Audit (CSA) program has evolved
from  the  efforts   of   the  U.S.  Environmental
Protection Agency  (EPA) under the Chemical Accident
Prevention (CAP) program.   The CAP program emerged
from  concerns  raised  by  the release   of  methyl
isocyanate at Bhopal,  India, and  of aldicarb oxime
at  Institute,  West  Virginia.   Awareness of  the
critical threat to public safety posed  by similar
incidents led  to  an  emphasis  on preparedness  and
planning  for  response  to   chemical   accidents.
Simultaneous  with- the development of preparedness
activities   by   EPA   was   the   passage    and
implementation  of  the  Emergency  Planning  and
Community Right-to-Know Act  --  Title  III of  the
Superfund Amendments and Reauthorization Act (SARA)
by Congress  in 1986.   Because  prevention is  the
most  effective form of   preparedness,   the  CAP
program promotes an  effort  to enhance  prevention
activities.    The  primary  objectives  of the  CAP
program are  to  identify  the causes  of  accidental
releases of hazardous substances and the means to
prevent  them from occurring,  to promote industry
initiatives in  these areas, and to share activities
with the community,  industry,  and other groups.

Many of  the key concerns of the CAP program  arise
from  the SARA Title  III  section  305(b)  study
entitled Review of Emergency Systems.  As part of
the information gathering efforts to prepare this
study, EPA personnel conducted a number of facility
site visits to learn  about  chemical process safety
management   practices.       The   study   covers
technologies,  techniques,   and  practices   for
preventing, detecting,  and monitoring  releases of
extremely hazardous substances,  and for alerting
the public  to  such  releases.   One of the  key
recommendations resulting from the  study was  the
continuation  and expansion  of  the audit program.

As a follow-up to this national prevention study,
EPA has  undertaken  cooperative  initiatives  with
federal    agencies,    states,    industry   groups,
professional  organizations, and trade associations,
as  well   as  environmental  groups  and  academia.
These joint  efforts  will  serve  to  determine  and
implement a means  to share  information on release
prevention technology and practices,  and to enhance
the state of  practice  in  the  chemical  process
safety arena.

PROGRAM  GOALS

The CSA program is part  of this broad  initiative
and has  been  designed to accomplish the  following
chemical accident  prevention goals:
•  Visit  facilities handling hazardous substances
   to gather information on and  learn about safety
   practices and technologies;

•  Heighten awareness  of the need for, and promote,
   chemical  safety   among  facilities  handling
   hazardous substances,  as well  as in communities
   where chemicals are located;

•  Build  cooperation  among facilities, EPA,  and
   other authorized parties by coordinating joint
   audits; and

•  Establish  a  database  for   the  assembly  and
   distribution   of    chemical   process   safety
   management   information  obtained  from   the
   facility audits.

PROGRAM AUTHORITY

The   Comprehensive,    Environmental    Response,
Compensation     and   Liability   Act   (CERCLA   or
Superfund)  was   enacted  December  11,  1980,  and
amended  by SARA  on   October  17,  1986.    CERCLA
authorizes the  federal  government to respond where
there is  a release or a substantial threat of  a
release  into  the  environment   of  any  hazardous
substance,   pollutant,  or   contaminant  that  may
present  danger  to the  public health or  welfare or
to the environment.

CERCLA Sections  104(b) and  104(e), as  amended by
SARA in  1986, provide  authorities  for  entering  a
facility and accessing information to conduct  a
chemical   safety  audit by EPA.    While  CERCLA
provides authority  for states  to use  statutory
authorities for  entry  and  information  gathering,
such authorities may only be accessed pursuant to a
contract or cooperative agreement with the federal
government.  Since there  is no  such  arrangement,
states,   as well as  local  governments, must  use
their own authorities  for audit participation.

As a matter of  EPA policy  under the  CSA  program,
all facilities   that will  receive  an  audit  should
have  experienced  a   release   of   a   hazardous
substance,   pollutant,  or  contaminant,  or  there
should be  rea*on to  believe that  there exists  a
threat of such  a release.   The audits are intended
to be nonconfrontational and positive, such  that
information on  safety  practices,  techniques,  and
technologies can be identified  and shared  between
EPA  and  the facility.    Involvement  in  the  CSA
program  by Local  Emergency Planning  Committees
(LEPCs)  and State  Emergency Response Commissions
(SERCs)  formed  under  SARA Title  III is encouraged
to enhance  the  goals  of both of  these programs.
However,    as   stated   above,   state   and   local
government participation in the audit, itself, must
be performed under  state and local authorities.

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AUDIT SCOPE
                                                          REPORT DISTRIBUTION
The  audit  consists  of  interviews  with  facility
personnel,  and on-site review of various aspects of
facility operations  related to the prevention  of
accidental   chemical   releases.    Specific  topics
addressed include:

•  Awareness  of chemical and process hazards;
•  Process characteristics;
•  Emergency  planning  and preparedness;
•  Hazard   evaluation   and   release   detection
   techniques;
•  Operations and emergency response training;
•  Facility/corporate management structure;
•  Preventive maintenance and inspection programs;
   and
•  Community    notification     mechanisms    and
   techniques.

Observations  and  conclusions   from   audits  are
detailed in a report prepared by the  audit  team.
The   report   identifies  and  characterizes  the
strengths of specific Chemical  Accident Prevention
program areas  to allow the elements of particularly
effective programs to be recognized.  Copies of the
report are provided  to the facility so  that weak
and  strong program  areas may be recognized.   The
audit is conducted  following the Guidance Manual
for EPA Chemical Safety Audit Team Members, issued
by  EPA  Headquarters.    This  guidance  contains
recommended   actions,    as   well   as   mandatory
procedures  that must  be followed  to  ensure  the
health and safety of  program  auditors  and program
integrity.   Each  member of the audit  team should
have a copy of the manual, and a copy of the manual
is transmitted to the audited facility.

AUDIT TEAM COMPOSITION

An  EPA  audit  team  primarily  consists  of  EPA
employees,   and other   designated  representatives
including contractors and the American Association
of   Retired   Persons   (AARP)   enrol lees.     Other
federal, state, and local government personnel may
also be team  members.   The  audit  team  can vary in
size, depending  upon the  level  of  detail of  the
audit (e.g.,  number  of  chemicals  and/or processes
under investigation;  national significance).

FACILITY SELECTION

At present,  there  are no established procedures for
selecting a facility for an  audit.  Each EPA region
has flexibility in identifying facilities.  Options
to consider in selecting a facility include:
   Previous history of the facility;
   SERC and/or  LEPC referral;
   Proximity  to sensitive population(s);
   Public sensitivity;
   Regional accident prevention  initiatives;
   Opportunity  for sharing new technology;
   Population density; and
   Concentration of industry  in  the area.
Standard distribution  by EPA regional  offices of
the audit report wilt be at a minimum to:

•  SERC and LEPC in which the facility is located;
•  Facility owner/operator and facility  CEO;
•  EPA Headquarters; and
•  Any other federal, state, and local agencies or
   departments  that  assisted in  conducting  the
   audit.

Distribution  is  available  to  other  EPA offices,
other  federal,  state,   and   local   agencies  or
departments, and other private and  public  sector
organizations.

ACCOMPLISHMENTS

During the first four years of the CSA program, the
regions   have   conducted  audits   at   over   150
facilities in 46 states  and Puerto  Rico.  EPA has
analyzed the conclusions  and recommendations listed
in the audit reports to identify trends within and
across  industries,   processes,  and  chemicals  to
assist in  the  further  development of  the  CSA and
CAP  programs,   particularly   in   light   of   the
accidental release  provisions of  section 112(r) of
the Clean  Air  Act.   At  the same  time,  follow-up
activities  performed by  several  of  the regional
offices   indicate   that   the   majority  of   the
recommendations to  improve chemical process safety
practices suggested  by the audit teams  have  been
implemented or are scheduled  to  be implemented at
audited facilities.

CSA PROGRAM BENEFITS

•  Identification   of   effective,   field-proven
   chemical accident prevention  technologies and
   practices.

•  Better  understanding  of  the causes of chemical
   releases.

•  Greater  awareness  by  facilities  of  chemical
   safety   and   understanding    of    available
   techniques,   and   specific   suggestions   for
   improved programs.

•  Identification  of  problem areas   in industry
   where more attention  is needed.

•  Cooperation and coordination of chemical safety
   programs with other federal and state agencies
   through  joint audits  and training.
For more  information on  the Chemical Safety Audit
program,    contact    the    Chemical    Emergency
Preparedness  Program  (CEPP)  office  in your  EPA
regional office.

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                                       Attachment 2

                     CERCLA Provisions Overview and CERCLA Statute


       Section 104(a) Removal and Other Remedial Actions

       This section provides the federal government with the authority to respond to releases or
threatened releases of hazardous substances, pollutants, or contaminants in certain situations.

       Section 104(a) authorizes  the  EPA Administrator "to act, consistent with  the  national
contingency plan, to remove or arrange for the removal of, and provide for remedial action relating
to such hazardous substances, pollutants, or contaminants at any time, or take any other response
measure consistent with the national contingency plan which the Administrator deems necessary to
protect public health or welfare or the environment," where:

              Any hazardous substance is released;

              There is a substantial threat that a hazardous substance will be released  into the
              environment;

              Any pollutant or contaminant is released into the environment "which may present
              an imminent and substantial danger to the public health or welfare;" or

              There is a substantial threat that a pollutant or contaminant may be released into the
              environment "which may present an imminent  and substantial danger to the  public
              health or welfare."

       Section 104(b) Investigatory Response

       Under Section  104(b), the Administrator is authorized to "undertake such investigations,
monitoring, surveys, testing, and other information gathering" that may be needed "to identify the
existence and extent of  the release  or threat thereof,  the source  and nature of the hazardous
substances, pollutants or contaminants involved,  and the extent of danger to the public health or
welfare or to  the environment."   This investigatory  response can  be initiated whenever  the
Administrator can  act under Section 104(a) when he has "reason to believe" that:

              A release has occurred;

              A release is about to occur; or

              "Illness, disease, or complaints thereof may be attributed to exposure to a hazardous
              substance, pollutant, or  contaminant and that  a release may have occurred  or be
              occurring."

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       Section 104(6) Information Gathering and Access

       Under Section  104(e), a designated  representative of the President or  a state or political
subdivision under a contract or cooperative agreement is authorized to obtain information and gain
access  to sites and adjacent property "for the purposes of determining the need  for  response, or
choosing or taking" a response, or to enforce any provision of CERCLA.  The authority to enter a
site and to inspect and take samples from a site may only be exercised where "there is  a reasonable
basis to believe there may be a release or threat of release of a hazardous substance or pollutant or
contaminant."

       Access to Information.  Section  104(e) authorizes any designated official, upon reasonable
notice, to require persons to provide relevant information or documents concerning:

              "Identification, nature  and quantity of materials which have  been or are generated,
              treated, stored, or disposed of at the facility;

              "The nature or extent of a release or threatened release of a  hazardous  substance or
              pollutant or contaminant at" the facility; and

              "Information relating to the ability of a person to pay or perform a cleanup."

       In addition, upon  reasonable  notice, Section 104(e) requires persons to grant access to a
facility to inspect and copy all documents or  records, or at their option to provide copies.

       Entry. Designated representatives are authorized to enter at reasonable times, any vessel,
facility, establishment, or other place or  property:

              "Where any hazardous substance, pollutant, or contaminant may be  or has been
              generated, stored, treated, disposed of, or transported from;"

              "From which or to which  a hazardous substance, pollutant, or contaminant has been
              or may have been released;" and

              "Where entry is  needed  to determine the need for  response or  the appropriate
              response or to effectuate a response action."

       Compliance Orders.  If  consent is not granted  for access to information, entry onto the
facility, and inspection or sampling, Section 104(e)(5) authorizes EPA to:

              "Issue  an  order  directing compliance with the request,"  after such  notice  and
              opportunity for consultation;

              Ask the Attorney General to commence a civil  action to compel compliance with a
              request or  order;  and

              Assess civil penalties up to $25,000/day for failure to comply with the order.

Section 104(e) also provides for the right to obtain access or information in any other lawful manner,
which includes warrants.

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       Confidentiality of Information. Section 104(e)(7) provides that no person required to provide
information under CERCLA may claim that such information is entitled to protection unless such
person shows each of the following:

              The "person has not described  the information to any other  person, other than a
              member  of a local  emergency planning committee under Title III  of SARA," an
              officer or employee of the U.S. or a state or local government, an employee of such
              person, or a person who is bound by a confidentiality agreement, and such person has
              taken reasonable measures to protect the confidentiality of such information  and
              intends to continue to take such measures;"

              "The information is  aot required to be disclosed, or otherwise made available,  to the
              public under any other federal or state law;"

              "Disclosure of the information is likely to cause substantial harm to the competitive
              position of such person;" and

              "The specific chemical identity, if sought to be protected, is not readily discoverable
              through reverse engineering."

       The following information on hazardous substances is not entitled to protection:

              Trade name, common name, or  generic class or category;

              Physical properties;

              Hazards to health and the environment, including physical hazards (e.g., explosion)
              and potential acute  and chronic health hazards;

              Potential routes of human exposure;

              Disposal  location of any waste stream;

              Monitoring data  or  analysis on disposal  activities;

              Hydrogeologic or geologic data; and

              Groundwater monitoring data.

       Section 106fa) Abatement Action

       This section of CERCLA  provides the federal government with  the authority to pursue
administrative  and judicial action to require responsible parties to respond to actual or threatened
releases of hazardous substances.  If the Administrator "determines that there may be  an imminent
and substantial endangerment to the public health or welfare or the environment," he has two options
under 106(a):

              Request the Attorney General to seek the necessary relief in the federal  district court
              where the threat occurs. The district  court is given jurisdiction to grant relief  as the
              public interest and the equities of the case may require; or

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              After providing notice to the affected state, he may take other action, including, but
              not limited to the issuance of orders that may be necessary to protect public health
              and welfare and the environment.

Note: Statutory texts of these reviewed CERCLA sections follows.

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    COMPREHENSIVE  ENVIRONMENTAL  RESPONSE,
                   COMPENSATION AND  LIABILITY
                                   (42 U.S.C.A. §§ 9601 to 9675)
 CHAPTER 103—COMPREHENSIVE  ENVI-
         RONMENTAL RESPONSE,
    COMPENSATION, AND LIABILITY

    SUBCHAPTER I—HAZARDOUS SUBSTANCES
      RELEASES, LIABILITY, COMPENSATION

Sec.
9601.   Definitions.
9602.   Designation  of additional hazardous  substances
         and establishment of reportable released quanti-
         ties; regulations.
9603.   Notification requirements respecting released sub-
         stances.
       (a) Notice to National Response Center upon re-
            lease from  vessel or offshore or onshore
            facility by person in charge; conveyance of
            notice by Center.
       (b) Penalties for failure to notify; use  of notice
            or information pursuant to notice in crimi-
            nal case.
       (c) Notice to Administrator of EPA  of  existence
            of storage, etc., facility by owner  or opera-
            tor; exceptions; time, manner, and form of
            notice;  penalties for failure to notify;  use
            of notice or information pursuant to notice
            in criminal case.
       (d) Recordkeeping requirements; promulgation
            of rules and regulations by Administrator
            of EPA; penalties for violations; waiver of
            retention requirements.
       (e) Applicability to registered pesticide product.
       (f) Exemptions from notice and penalty provi-
            sions for substances reported  under other
            Federal law or is in continuous release, etc.
9604.   Response authorities.
       (a) Removal  and other remedial action  by Presi-
            dent;  applicability of national contingency
            plan;  response by potentially responsible
            parties; public health  threats;  limitations
            on response; exception.
       (b) Investigations, monitoring, etc., by President.
       (c) Criteria  for continuance of obligations from
            Fund  over  specified amount for  response
            actions; consultation by President with af-
            fected  States;  contracts  or  cooperative
            agreements by States with President prior
            to remedial actions;   cost-sharing  agree-
            ments;  selection  by President of remedial
            actions; State credits: granting of credit,
            expenses before  listing or agreement, re-
            sponse  actions between  1978 and 1980,
            State expenses after December 11, 1980, in
            excess  of 10 percent of costs, item-by-item
            approval, use  of credits;  operation  and
Sec.
9604.   Response authorities—Cont'd
             maintenance;  limitation on source of funds
             for 0 & M; recontracting; siting.
       (d) Contracts or cooperative agreements by Presi-
             dent with States or political subdivisions or
             Indian tribes;  State applications, terms and
             conditions;  reimbursements;  cost-sharing
             provisions;  enforcement requirements and
             procedures.
       (e) Information gathering and access; action au-
             thorized, access to information, entry, in-
             spection and samples;  authority and sam-
             ples, compliance orders;  issuance and com-
             pliance, other authority, confidentiality of
             information; basis for withholding..
       (f) Contracts for response  action;  compliance
             with Federal health and safety standards.
       (g) Rates for wages and labor standards applica-
             ble to covered work.
       (h) Emergency procurement powers;  exercise by
             President.
       (i) Agency for Toxic  Substances and  Disease
             Registry; establishment, functions, etc.
       (j) Acquisition of property.
9605.   National contingency plan;  preparation,  contents,
         etc.
       (a) Revision and republication.
       (b) Revision of plan.
       (c) Hazard ranking system.
          (1) Revision.
          (2) Health assessment  of water contamina-
                tion risks.
          (3) Reevaluation not required.
          (4) New information.
       (d) Petition for assessment of release.
       (e) Releases from earlier sites.
      '(f) Minority contractors.
       (g) Special study wastes.
          (1) Application.
          (2) Considerations  in   adding  facilities  to
                NPL.
          (3) Savings provisions.
          (4) Information gathering and analysis.
9606.   Abatement actions.
       (a) Maintenance, jurisdiction, etc.
       (b) Fines;  reimbursement.
       (c) Guidelines for using imminent  hazard, en-
             forcement, and emergency response author-
             ities;   promulgation  by Administrator of
             EPA, scope, etc.
9607.   Liability.
       (a) Covered  persons;  scope;  recoverable costs
             and  damages;  interest rate;  "comparable
             maturity" date.
       (b) Defenses.
       (c) Determination of amounts.
                                                 467

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42 § 9601
FEDERAL ENVIRONMENTAL LAW
    SUBCHAPTER IV—POLLUTION INSURANCE
S«c.
9671.   Definitions.
          (1)  Insurance.
          (2)  Pollution liability.
          (3)  Risk retention group.
          (4)  Purchasing group.
          (5)  State.
9672.   State laws; scope of subchapter.
       (a) State laws.
       (b) Scope of title.
9673.   Risk retention groups.
       (a) Exemption.
       (b) Exceptions.
          (1)  State laws generally applicable.
          (2)  State regulations  not subject to exemp-
                tion.
       (c) Application of exemptions.
       (d) Agents or brokers.
9674.   Purchasing groups.:
       (a) Exemption.
       (b) Application of exemptions.
       (c) Agents or brokers.
9675.   Applicability of securities laws.
       (a) Ownership interests.
       (b) Investment Company Act
       (c) Blue sky law.

               West's Federal Forma
Administrative  agency decisions and orders, enforcement and re-
     view, see § 851 et seq.
Administrative  subpoenas, enforcement, see § 6004 et seq.
Depositions and discovery, see §§ 3271 et seq., 3681 et seq.
Intervention, motion for leave, see § 3111 et seq.
Jurisdiction and venue in district courts, see f 1003 et seq.
Production of documents, motions and orders pertaining to, see
     § 3551 et seq.
Sentence and fine, see § 7531 et seq.
Subpoenas, see §  3981 et seq.

          WESTLAW Electronic Research
  See WESTLAW guide following the Explanation pages of this
pamphlet


  SUBCHAPTER I—HAZARDOUS SUBSTANCES
    RELEASES, LIABILITY, COMPENSATION

§ 9601.   Definitions

  For purpose of this subchapter—

    (1) The term  "act of God" means an unantic-
  ipated grave  natural  disaster or other  natural
  phenomenon of an exceptional, inevitable,  and ir-
  resistible character, the effects of which could not
  have been prevented or avoided by the exercise of
  due care or foresight.
    (2) The term "Administrator" means the Ad-
  ministrator  of the  United States Environmental
  Protection Agency.
    (3) The term  "barrel" means forty-two  United
  States gallons at sixty degrees Fahrenheit.
                        (4) The_term "claim" means a demand in writ-
                      ing for a sum certain.
                        (5) The term "claimant" means any person who
                      presents  a claim for compensation under this
                      chapter.
                        (6) The term "damages"  means  damages  for
                      injury or loss of natural resources as set forth in
                      section 9607(a) or 9611(b) of this title.
                        (7) The term "drinking water supply" means
                      any  raw or finished water source that  is or may
                      be used by a public water system (as  defined in
                      the Safe Drinking Water Act [42 U.S.C. 300f et
                      seq.]) or as drinking water by one  or  more indi-
                      viduals.
                        (8) The term "environment" means (A) the nav-
                      igable waters, the waters of the contiguous zone,
                      and  the ocean waters for which the natural re-
                      sources are under the exclusive management au-
                      thority of the United States under the Magnuson
                      Fishery Conservation and Management  Act  [16
                      U.S.C.  1801 et  seq.], and (B) any other surface
                      water, ground water, drinking water supply, land
                      surface or subsurface strata,  or ambient air with-
                      in the United States or under the jurisdiction of
                      the United States.
                        (9) The term "facility" means (A) any building,
                      structure, installation, equipment, pipe or pipeline
                      (including any pipe into a sewer or publicly owned
                      treatment works), well,  pit, pond,  lagoon,  im-
                      poundment, ditch, landfill, storage container, mo-
                      tor vehicle, rolling stock, or  aircraft, or (B) any
                      site  or area where a hazardous substance has
                      been deposited, stored, disposed of, or  placed, or
                      otherwise come to be located;  but does  not in-
                      clude any consumer product  in consumer use or
                      any  vessel.
                        (10) The term  "federally  permitted release"
                      means (A) discharges in compliance with a permit
                      under section  1342 of Title 33,  (B) discharges
                      resulting from  circumstances identified and re-
                      viewed and made part of the public record with
                      respect  to  a. permit  issued  or  modified under
                      section 1342 of Title 33 and subject to a condition
                      of such permit, (C) continuous or anticipated inter-
                      mittent discharges from a point source, identified
                      in a  permit or permit application  under  section
                      1342 of  Title  33, which are caused by  events
                      occurring within the scope of relevant operating
                      or treatment systems, (D)  discharges  in  compli-
                      ance with a legally enforceable permit under sec-
                      tion  1344 of Title 33, (E) releases in compliance
                      with a  legally enforceable final permit issued
                      pursuant to section  3005{a)  through (d)  of  the
                      Solid Waste Disposal Act [42 U.S.C. 6925(a) to (d)]
                      from a  hazardous waste treatment, storage,  or
                      disposal  facility when such permit specifically
                                                 472

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                             ENVIRONMENTAL  RESPONSE, ETC.
                                   42  §9601
identifies the hazardous  substances  and makes
such substances subject to a standard of practice,
control procedure or bioassay limitation or condi-
tion, or other control on the hazardous substances
in such  releases, (F) any release in compliance
with a  legally enforceable  permit issued under
section  1412  of Title 33 of1  section 1413 of Title
33, (G)  any injection of fluids authorized under
Federal  underground injection control programs
or State  programs submitted for Federal approval
(and not disapproved by the Administrator of the
Environmental Protection Agency)  pursuant to
part C of the Safe Drinking Water Act [42 U.S.C.
300h et seq.], (H) any emission into the air subject
to a permit  or control regulation under  section
111 [42 U.S.C. 7411], section 112 [42 U.S.C. 7412],
Title I part C [42 U.S.C. 7470 et seq.], Title I part
D [42 U.S.C. 7501 et seq.], or  State implementa-
tion  plans submitted in accordance  with  section
110 of the Clean Air Act [42 U.S.C. 7410] (and not
disapproved by the administrator of the Environ-
mental Protection Agency),  including any sched-
ule or waiver granted, promulgated, or approved
under these sections, (I) any injection of fluids or
other materials authorized under applicable State
law (i) for the purpose of stimulating or treating
wells for the production of crude oil, natural gas,
or water, (ii) for the purpose of secondary, terti-
ary,  or  other enhanced recovery of crude oil or
natural  gas, or (iii) which  are brought  to  the
surface   in conjunction with  the  production of
crude oil or natural gas and which are reinjected,
(J) the introduction  of any pollutant into a public-
ly owned treatment works when such pollutant is
specified in  and in compliance with applicable
pretreatment standards of section 1317(b) or (c) of
Title 33  and enforceable  requirements  in a pre-
treatment program submitted by a State  or  mu-
nicipality for Federal approval under section 1342
of Title  33, and (K) any release of source, special
nuclear, or byproduct material, as those terms are
defined  in  the Atomic  Energy Act of 1954 [42
U.S.C. 2011  et seq.], in compliance with a legally
enforceable  license,  permit,  regulation, or order
issued pursuant  to  the  Atomic Energy  Act of
1954.
  (11) The term "Fund" or  "Trust Fund" means
the Hazardous Substance Superfund established
by section 9507 of Title 26.
  (12) The term "ground  water" means water in
a saturated  zone or stratum beneath the surface
of land or water.
  (13) The term "guarantor" means any person,
other than the owner or  operator, who provides
evidence of  financial responsibility for an owner
or operator under this chapter.
  (14) The  term "hazardous substance"  means
(A)-any substance designated pursuant to section
1321(b)(2)(A) of Title 33, (B) any element, com-
pound, mixture, solution, or substance designated
pursuant to section 9602 of this  title, (C) any
hazardous waste having the characteristics identi-
fied under or listed pursuant to section 3001 of
the Solid Waste Disposal Act [42 U.S.C. 6921] (but
not including any  waste the regulation of which
under the Solid Waste Disposal Act [42  U.S.C.
6901 et seq.] has been suspended by  Act of Con-
gress), (D) any toxic pollutant listed under section
1317(a) of Title 33, (E) any hazardous air pollutant
listed under section 112 of the Clean  Air Act [42
U.S.C. 7412], and  (F) any imminently hazardous
chemical  substance or  mixture with respect to
which the Administrator has taken action  pursu-
ant to section 2606 of Title 15.  The term does not
include petroleum, including crude oil  or any frac-
tion thereof which is  not otherwise specifically
listed  or  designated  as a  hazardous substance
under subparagraphs (A) through (F) of this para-
graph, and the term does not include natural gas,
natural gas liquids, liquefied natural  gas, or syn-
thetic gas usable for fuel (or mixtures of natural
gas and such synthetic gas).
  (15) The term "navigable waters"  or  "naviga-
ble waters of the  United States" means the wa-
ters of the United States, including the territorial
seas.
  (16) The term "natural resources"  means land,
fish,  wildlife,  biota,  air, water, ground  water,
drinking water supplies, and other such resources
belonging to, managed by, held in trust by, apper-
taining to, or otherwise controlled by the United
States (including the resources of the  fishery con-
servation zone established by the Magnuson Fish-
ery Conservation and Management Act [16 U.S.C.
1801 et seq.]) any State or local government, any
foreign government, any Indian tribe, or, if such
resources are  subject to a trust restriction  on
alienation, any member of an Indian tribe.
  (17) The  term "offshore facility"  means any
facility of any kind located in, on, or under,  any of
the navigable waters of the United  States, and
any facility of any kind which  is subject  to the
jurisdiction of the United States and is located in,
on, or under any other waters, other than a vessel
or a public vessel.
  (18) The  term "onshore facility"  means  any
facility (including, but not  limited  to, motor ve-
hicles and rolling stock) of any kind located in, on,
or under, any land or nonnavigable waters  within
the United States.
  (19) The term "otherwise subject to the juris-
diction of the United States" means subject to the
   Sel.Env.Law Stats. '87 Ed.—16
                                              473

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42 §9601
FEDERAL ENVIRONMENTAL  LAW
  jurisdiction of  the  United States by  virtue  of
  United States citizenship,  United States  vessel
  documentation or numbering,  or  as provided by
  international  agreement  to  which  the United
  States is a party.

    (20XA) The term "owner or operator"  means
  (i) in  the case  of a vessel, any  person owning,
  operating, or chartering by demise, such vessel,
  (ii) in the case  of an onshore facility or an off-
  shore facility, any  person owning or  operating
  such facility, and (iii) in the case of any facility,
  title  or control  of  which was conveyed due  to
  bankruptcy,  foreclosure, tax delinquency,  aban-
  donment, or similar means to a unit of State  or
  local government, any person who owned, operat-
  ed or otherwise controlled activities at such facili-
  ty immediately  beforehand.  Such term does not
  include a person, who, without participating in the
  management of a vessel or facility, holds indicia of
  ownership primarily to protect his security interest
  in the vessel or facility.
    (B) In the case of a hazardous substance which
  has been accepted for transportation by a com-
  mon  or contract carrier and except as provided in
  section 9607(a)(3) or (4) of this title, (i) the term
  "owner or operator" shall  mean such common
  carrier or other bona fide for hire carrier acting
  as an independent contractor during such trans-
  portation, (ii) the shipper of such hazardous sub-
  stance shall  not be  considered to have  caused  or
  contributed to any release during such transpor-
  tation which  resulted solely from circumstances
  or conditions beyond his control.
    (C) In the case of a hazardous substance which
  has been delivered by a common or contract carri-
  er to a disposal or treatment facility and except as
  provided in section 9607(a)(3) or (4) of this title (i)
  the term "owner or operator" shall not include
  such  common or contract carrier,  and (ii) such
  common  or  contract carrier  shall not be con-
  sidered  to have caused or  contributed to any
  release at such disposal or treatment facility re-
  sulting from circumstances or conditions beyond
  its control.
    (D) The term "owner or  operator"  does  not
  include a unit of State  or local government which
  acquired  ownership   or  control  involuntarily
  through  bankruptcy,  tax delinquency,  abandon-
  ment, or other circumstances in which the govern-
  ment involuntarily acquires title  by virtue  of  its
  function  as  sovereign.  The exclusion provided
  under this paragraph shall not apply to any State
  or local government which has caused or contrib-
  uted  to  the  release or threatened release of a
  hazardous substance from the facility, and such a
  State or  local government shall be subject to the
  provisions of this chapter in the same manner and
  to the same extent, both procedurally and sub-
                      stantively, as any nongovernmental entity, includ-
                      ing liability under section 9607 of this title.
                        (21) The term "person" means an  individual,
                      firm, corporation, association, partnership, consor-
                      tium, joint  venture,  commercial  entity,  United
                      States Government,  State, municipality, commis-
                      sion, political subdivision of a State, or any inter-
                      state body.
                        (22) The term "release" means any spilling,
                      leaking,  pumping, pouring, emitting,  emptying,
                      discharging, injecting, escaping, leaching, dump-
                      ing, or disposing into the environment (including
                      the abandonment or discarding of barrels, con-
                      tainers, and other closed receptacles  containing
                      any hazardous substance or pollutant or contami-
                      nant), but excludes (A) any release which results
                      in exposure to persons solely within a workplace,
                      with respect to a claim which such persons may
                      assert against the employer of such persons,  (B)
                      emissions from  the  engine exhaust of a motor
                      vehicle, rolling stock, aircraft, vessel, or pipeline
                      pumping station engine,  (C) release of  source,
                      byproduct, or special nuclear  material from a
                      nuclear incident, as those terms are defined in the
                      Atomic Energy  Act  of 1954 [42 U.S.C. 2011 et
                      seq.], if  such release is  subject to requirements
                      with respect to financial protection established by
                      the Nuclear Regulatory Commission under  sec-
                      tion 170  of such Act [42 U.S.C. 2210], or, for the
                      purposes of section 9604 of this title or any other
                      response action,  any  release of source byproduct,
                      or special nuclear material from any processing
                      site designated under section 7912(a)(l) or 7942(a)
                      of  this title, and (D) the  normal application of
                      fertilizer.
                        (23) The term "remove" or "removal" means
                      the  cleanup or  removal  of  released  hazardous
                      substances from the  environment, such actions as
                      may be  necessary2  taken in the event of the
                      threat of release of hazardous substances into the
                      environment, such actions as may be necessary to
                      monitor,  assess, and evaluate the  release  or
                      threat or release of hazardous substances, the
                      disposal  of  removed material,  or the taking of
                      such other actions as may be necessary to pre-
                      vent, minimize, or mitigate damage to the public
                      health or welfare or to the environment, which
                      .may otherwise result from a release or threat of
                      release.  The term includes, in addition, without
                      being limited to, security fencing or other mea-
                      sures to  limit access, provision of alternative wa-
                      ter supplies, temporary evacuation and housing of
                      threatened individuals not otherwise provided for,
                      action taken under  section 9604(b) of  this  title,
                      and any  emergency assistance which may be pro-
                      vided under the Disaster Relief Act of 1974  [42
                      U.S.C. 5121 et seq.].
                        (24) The term "remedy" or "remedial  action"
                      means those actions consistent with permanent
                                                474

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                             ENVIRONMENTAL  RESPONSE, ETC.
                                   42  § 9601
remedy taken instead of or in addition to removal
actions  in the event  of a  release or threatened
release of a hazardous substance into the environ-
ment, to prevent or minimize the release of haz-
ardous substances so  that they do not migrate to
cause substantial danger  to  present or future
public health or welfare or  the environment.  The
term includes, but is  not limited to, such actions
at the location of the  release as storage, confine-
ment, perimeter protection  using dikes, trenches,
or ditches, clay  cover, neutralization, cleanup of
released hazardous substances or contaminated
materials, recycling or  reuse, diversion, destruc-
tion, segregation of reactive wastes, dredging or
excavations, repair or replacement of leaking con-
tainers, collection of  leachate and runoff, onsite
treatment or incineration, provision of alternative
water supplies,  and  any monitoring  reasonably
required to assure that such actions  protect the
public health and welfare  and the environment.
The term includes the costs of permanent reloca-
tion of residents and  businesses and  community
facilities where  the  President determines  that,
alone or in combination with other measures, such
relocation is more cost-effective than and environ-
mentally preferable to  the transportation,  stor-
age, treatment, destruction, or secure disposition
offsite of hazardous  substances, or  may other-
wise be necessary to  protect the public  health or
welfare;  the term includes offsite transport and
offsite storage, treatment,  destruction, or secure
disposition of hazardous substances and associat-
ed contaminated materials.
  (25) The term "respond" or "response" means
remove, removal, remedy, and remedial action, all
such terms  (including the  terms  "removal" and
"remedial action") include  enforcement activities
related thereto.
  (26) The term "transport"  or "transportation"
means the movement of a hazardous substance by
any mode,  including  pipeline (as defined in the
Pipeline Safety Act), and in the case of a hazard-
ous substance which has been accepted for trans-
portation by  a  common or contract carrier, the
term "transport" or "transportation" shall include
any stoppage in transit which is temporary, inci-
dental to the transportation movement, and at the
ordinary operating convenience of a  common or
contract  carrier, and  any such stoppage shall be
considered as a  continuity  of movement and not
as the storage of a hazardous substance.
  (27) The terms "United States" and "State"
include  the several States, of the  Unites States,
the District of  Columbia, the Commonwealth of
Puerto Rico,  Guam, American Samoa, the United
States  Virgin Islands, the Commonwealth of the
Northern Marianas,  and any other  territory or
possession over which the United States has juris-
diction.
  (28) The term "vessel" means every description
of watercraft or other artificial contrivance used,
or capable of being used, as a means of transpor-
tation on water.
  (29) The terms "disposal", "hazardous waste",
and "treatment" shall have the meaning provided
in section 1004 of the Solid  Waste  Disposal Act
[42 U.S.C. 6903].
  (30) The terms "territorial sea"  and "contig-
uous  zone"  shall have the  meaning provided  in
section 1362 of Title 33.
  (31) The  term  "national   contingency   plan"
means the national contingency plan  published
under section 1321(c) of Title 33  or revised  pursu-
ant to section 9605 of this title.
  (32) The term "liable" or "liability" under this
subchapter shall be construed to be  the standard
of liability which obtains under section 1321 of
Title 33.
  (33) The term "pollutant or contaminant" shall
include, but not be limited to, any element, sub-
stance, compound, or mixture, including disease-
causing agents, which after release into the envi-
ronment and upon exposure, ingestion, inhalation;
or assimilation into any organism, either directly
from  the  environment or indirectly  by ingestion
through food chains,  will or may reasonably be
anticipated to cause  death,  disease,  behavioral
abnormalities, cancer,  genetic mutation, physio-
logical malfunctions (including malfunctions in re-
production) or physical  deformations, in such or-
ganisms or their offspring;  except that the term
"pollutant or contaminant"  shall not include pe-
troleum, including crude oil or any fraction there-
of which  is not  otherwise  specifically listed or
designated as a hazardous substance under sub-
paragraphs (A) through (F) of paragraph (14) and
shall  not  include natural gas, liquefied natural
gas, or synthetic gas of pipeline quality (or mix-
tures  of natural gas  and such synthetic gas).
  (34) The term "alternative  water  supplies" in-
cludes, but is not limited  to, drinking water and
household water supplies.
  (35)(A)  The  term  "contractual relationship",
for the purpose  of  section 9607(b)(3) of this title
includes, but is  not  limited  to, land contracts,
deeds or other instruments transferring title or
possession, unless the real property  on which the
facility concerned is located was  acquired by the
defendant after the disposal  or placement  of the
hazardous substance on, in, or at the facility, and
one or more of the circumstances  described in
clause (i), (ii), or (iii) is also  established  by the
defendant by a preponderance  of the evidence:
                                              475

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42 § 9601
FEDERAL  ENVIRONMENTAL I.AW
      (i) At the  time the defendant acquired  the
    facility the defendant did not know and had no
    reason to know that any hazardous substance
    which is the  subject of  the release or threat-
    ened release  was disposed of on, in, or  at  the
    facility.
      (ii) The  defendant is  a government  entity
    which  acquired  the  facility  by  escheat,  or
    through  any  other involuntary transfer or  ac-
    quisition, or  through the exercise  of eminent
    domain authority by purchase or condemnation.
      (Hi) The defendant acquired the  facility by
    inheritance or bequest.

In addition  to  establishing the  foregoing, the  de-
fendant must establish that he  has satisfied  the
requirements of section 9607(b)(3)(a) and (b) of this
title.

    (B) To  establish that the defendant had  no
  reason to know, as provided in clause (i) of sub-
  paragraph  (A)  of  this paragraph, the defendant
  must have undertaken, at the time of acquisition,
  all appropriate  inquiry into the previous owner-
  ship and  uses  of the property  consistent with
  good commercial or customary practice in an ef-
  fort to minimize liability.  For purposes of  the
  preceding sentence the court shall take into  ac-
  count any specialized knowledge or experience on
  the part of the  defendant, the relationship of  the
  purchase price  to the value of  the  property if
  uncontaminated, commonly known or  reasonably
  ascertainable information about the property,  the
  obviousness of  the presence or likely  presence of
  contamination at the property,  and the ability to
  detect such contamination by appropriate inspec-
  tion.
    (C) Nothing  in this  paragraph or in  section
  9607(b)(3) of this title shall diminish the liability of
  any  previous owner or operator of such facility
  who would otherwise be liable under this chapter.
  Notwithstanding this paragraph, if the defendant
  obtained  actual  knowledge  of  the  release  or
  threatened release of a hazardous substance at
  such facility when the defendant owned the real
  property  and then subsequently transferred own-
  ership of the property to another person without
  disclosing such knowledge, such defendant shall
  be treated as liable under section 9607(a)(l) of this
  title and no  defense under section 9607(b)(3) of
  this  title  shall  be available  to such  defendant.
    (D) Nothing  in this paragraph shall affect  the
  liability under this chapter of a defendant who, by
  any act or omission, caused or contributed to  the
  release or threatened release of a hazardous sub-
  stance which is the subject of the action relating
  to the facility.
                        (36) The term "Indian tribe" means any Indian
                       tribe, band, nation, or other organized group or
                       community, including any Alaska Native village
                       but not including any Alaska Native regional or
                       village corporation, which is recognized as eligible
                       for the special programs and services provided by
                       the  United States  to  Indians because  of their
                       status as Indians.
                        (37)(A) The  term   "service  station   dealer"
                       means any person—
                          (i) who  owns  or  operates  a motor vehicle
                        service station, filling station,  garage, or  sim-
                        ilar retail  establishment engaged in the busi-
                        ness of selling,  repairing, or servicing motor
                        vehicles, where a significant percentage of the
                        gross  revenue of the establishment is derived
                        from the fueling, repairing, or servicing of mo-
                        tor vehicles, and
                          (ii) who accepts for collection, accumulation,
                        and delivery to an oil recycling facility, recycled
                        oil that (I) has been removed from the engine of
                        a light duty motor vehicle or household appli-
                        ances  by the owner  of such vehicle  or appli-
                        ances, and (II) is presented, by  such owner, to
                        such  person  for  collection, accumulation, and
                        delivery to an oil recycling facility.
                        (B) For purposes of section 9614(c) of this title
                       the term "service  station dealer" shall,  notwith-
                       standing  the provisions of subparagraph (A), in-
                       clude any government agency that establishes a
                       facility solely for the purpose of accepting recy-
                       cled oil  that satisfies  the criteria  set  forth in
                       subclauses (I) and (II) of subparagraph (A)(ii),
                       and, with respect to recycled oil that satisfies the
                       criteria set forth in subclauses (I) and (II), owners
                       or operators  of  refuse collection services who are
                       compelled by State law to collect, accumulate, and
                       deliver such  oil  to an oil recycling facility.
                        (C) The President shall promulgate regulations
                       regarding the determination of what constitutes a
                       significant percentage  of  the gross revenues of
                       an establishment for purposes of this paragraph.
                        (38) The term "incineration vessel" means any
                       vessel which carries hazardous substances for the
                       purpose  of incineration of  such  substances, so
                       long as such substances or residues of such sub-
                       stances are on board.
                     (Dec. 11, 1980, Pub.L. 96-510, Title I, § 101, 94 Stat. 2767;
                     Dec. 22, 1980, Pub.L. 96-561, Title II,  § 238(b), 94  Stat
                     3300:  as amended Oct.  17, 1986, Pub.L. 99-499, Title I,
                     §§ 101. 114(b), 127(a), Title V, § 517(c)(2), 100 Stat 1615,
                     1652, 1692,  1774.)
                      l So in original.  Probably should be "or".
                      2 So in original.  Probably should be "necessarily".
                                                 476

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                                ENVIRONMENTAL RESPONSE, ETC.
                                     42  §9604
(e) Applicability to registered pesticide product
  This section shall not apply to the application of a
pesticide product  registered under the  Federal  In-
secticide, Fungicide, and Rodenticide Act [7 U.S.C.
136 et seq.] or to the handling and storage of such a
pesticide product by an agricultural producer.
(f) Exemptions from notice and penalty provisions  for
     substances reported under other Federal law or is
     in continuous release, etc.
  No notification shall be required  under subsection
(a) or (b) of this section for any release of a hazard-
ous substance—
    (1)  which is required to be reported (or specifi-
  cally exempted from a  requirement for reporting)
  under subtitle C of the Solid Waste Disposal Act
  [42 U.S.C. 6921 et seq.] or regulations thereunder
  and which  has been  reported  to  the National
  Response Center, or
    (2)  which  is  a  continuous  release,  stable  in
  quantity and rate, and is—
      (A) from a  facility for which notification has
    been given under subsection (c) of this section,
    or
      (B) a release  of which notification has  been
    given under subsections (a) and (b) of this sec-
    tion  for a  period  sufficient  to establish the
    continuity, quantity,  and regularity of such  re-
    lease:
  Provided, That notification in  accordance  with
  subsections (a) and (b)  of this paragraph shall be
  given for releases  subject to this paragraph annu-
  ally, or at such  time as there  is any  statistically
  significant increase in the quantity of any hazard-
  ous substance  or constituent thereof released,
  above that previously reported or occurring.
(Dec. 11, 1980, Pub.L. 96-510, Title I, § 103, 94 Stat. 2772;
Dec.  22, 1980, Pub.L.  96-561, Title II, § 238(b), 94 Stat.
3300;  as amended Oct. 17,  1986,  Pub.L. 99-499, Title I,
§§ 103, 109(a)(l), (2), 100 Stat. 1617,  1632, 1633.)
                Library References
  Health and Environment «=25.5(10), 25.6(3), (9), 25.7(3), (24).
  CJ.S. Health and Environment §§ 92, 103 et seq., 106, 113 et
   seq.

§  9604.  Response  authorities
(a) Removal and other remedial action by President:
     applicability of national contingency plan;  re-
     sponse by potentially responsible parties;  public
     health threats; limitations on response: exception
  (1) Whenever (A)  any hazardous substance is  re-
leased or there is a substantial threat of such a
release into the environment,  or (B) there is a  re-
lease or substantial  threat of release into the  envi-
ronment of any pollutant or contaminant which may
present an imminent and substantial danger to the
public health or welfare, the President is authorized
to act,  consistent with  the national  contingency
plan, to remove or arrange for the removal of, and
provide for remedial action relating to such hazard-
ous  substance, pollutant,  or  contaminant  at  any
time (including its removal from any contaminated
natural  resource), or take any other response mea-
sure consistent with the  national contingency plan
which the President deems necessary to protect the
public health or welfare or the environment.  When
the President  determines that such action will be
done properly and promptly by the owner or opera-
tor of the facility or vessel or by any other respon-
sible party, the President may allow  such person to
carry out the action, conduct the remedial investiga-
tion, or conduct the feasibility study in accordance
with section 9622  of this title.  No remedial investi-
gation or feasibility study (RI/FS) shall be autho-
rized except on a determination  by the President
that  the party is qualified to conduct the RI/FS and
only if the President contracts with or arranges for
a qualified person to assist the President in oversee-
ing and reviewing the conduct of such RI/FS and if
the responsible party agrees to reimburse the Fund
for any cost incurred by  the President under, or in
connection with, the oversight contract or arrange-
ment.  In  no  event shall a potentially  responsible
party be subject  to a  lesser standard  of  liability,
receive preferential treatment, or in any other way,
whether direct or indirect, benefit from any such
arrangements as a response action contractor, or as
a person hired  or retained by such a response action
contractor, with respect to the release or facility in
question.   The President shall give  primary atten-
tion  to  those  releases  which the President deems
may present a  public health threat.
  (2) Removal action
    Any removal action  undertaken by the Presi-
  dent under this subsection (or by  any other per-
  son referred to in  section 9622 of  this  title)
  should, to the extent the President deems practi-
  cable, contribute to the efficient performance of
  any long term remedial action with respect to the
  release or threatened release concerned.
  (3) Limitations on response
    The President shall not provide for a removal or
  remedial action  under this section in response to a
  release or threat of release—
    (A) of  a naturally occurring substance in  its
  unaltered form, or altered solely through natural-
  ly  occurring processes or phenomena, from a loca-
  tion where it is naturally found;
    (B) from products  which are part of the struc-
  ture of, and  result in exposure within, residential
  buildings or  business or  community  structures;
                                                 479

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42 § 9604
FEDERAL  ENVIRONMENTAL LAW
    (C) into public or private drinking water sup-
  plies due to deterioration of the system through
  ordinary use.
  (4) Exception to limitations
    Notwithstanding paragraph (3) of this subsec-
  tion, to the extent authorized by this section, the
  President may respond to any release or threat of
  release if in the President's discretion, it consti-
  tutes a public health or environmental emergency
  and no other person with the authority and capa-
  bility to respond to the  emergency will do so in a
  timely manner.
(b) Investigations, monitoring, etc., by President
  (1) Information;  studies and investigations
    Whenever  the President is  authorized to act
  pursuant to  subsection (a) of  this section,  or
  whenever the  President has reason to believe that
  a release has occurred or  is about to occur, or
  that illness, disease, or complaints thereof may be
  attributable to  exposure  to a  hazardous  sub-
  stance,  pollutant,  or contaminant and that a re-
  lease may have  occurred or be occurring, he may
  undertake such investigations, monitoring, sur-
  veys, testing,  and other information gathering as
  he may deem  necessary or appropriate to identify
  the existence  and extent of the release or threat
  thereof,  the source and nature  of the hazardous
  substances, pollutants or contaminants involved,
  and the extent of danger to the public health or
  welfare or to the environment.  In addition, the
  President may  undertake  such planning,  legal,
  fiscal,  economic, engineering,  architectural,  and
  other studies  or investigations  as he may deem
  necessary or  appropriate to plan and  direct re-
  sponse actions,  to recover the  costs thereof,  and
  to enforce the provisions of this chapter.
  (2) Coordination  of investigations
    The  President shall promptly notify the appro-
  priate Federal and State natural resource trustees
  of potential damages to natural resources result-
  ing from releases under investigation pursuant to
  this  section and shall seek to  coordinate the as-
  sessments,  investigations,  and  planning  under
  this section with such Federal and State trustees.
(c) Criteria for continuance of obligations from Fund
     over specified amount for response actions; con-
     sultation by President with affected States; con-
     tracts or cooperative agreements by States with
     President prior  to remedial actions; cost-sharing
     agreements; selection by President of  remedial
     actions; State credits: granting of credit, expenses
     before listing or agreement, response actions be-
     tween 1978  and  1980.  State expenses after Decem-
     ber 11, 1980, in excess  of 10 percent of costs,
     item-by-item approval, use of credits; operation
     and maintenance; limitation  on source of funds
     for O&M;  recontracting; siting
  (1) Unless (A) the President finds that (i) contin-
ued  response actions are immediately required to
                     prevent, limit, or mitigate an emergency, (ii) there is
                     an immediate risk to public health or welfare or the
                     environment, and (iii) such assistance will not other-
                     wise be  provided  on  a timely  basis, or  (B)  the
                     President has determined the appropriate  remedial
                     actions pursuant to paragraph (2) of this subsection
                     and the State or States in  which the  source of the
                     release is located  have complied with the  require-
                     ments of paragraph (3) of this  subsection, or (C)
                     continued response action is otherwise appropriate
                     and consistent with the remedial action to be taken '
                     obligations from the Fund, other than those autho-
                     rized by subsection (b) of this  section, shall  not
                     continue  after  $2,000,000  has been  obligated  for
                     response actions or 12 months has elapsed  from the
                     date of  initial response to  a release  or  threatened
                     release of hazardous substances.
                       (2) The President shall consult with the affected
                     State or States before  determining  any appropriate
                     remedial action to be taken pursuant to the authori-
                     ty granted  under subsection  (a)  of  this  section.
                       (3) The President shall not provide any  remedial
                     actions pursuant to this section unless the  State in
                     which the release occurs first enters into a contract
                     or cooperative agreement with the President provid-
                     ing assurances deemed adequate by  the President
                     that (A) the State will assure all future maintenance
                     of the removal and remedial actions provided for the
                     expected life of such actions as determined by the
                     President; (B) the State will assure the  availability
                     of a hazardous  waste disposal facility acceptable to
                     the President and in compliance with the  require-
                     ments of subtitle C of the Solid Waste Disposal  Act
                     [42 U.S.C.A. § 6921 et seq.]  for any necessary  off-
                     site storage, destruction, treatment, or secure dispo-
                     sition of  the hazardous substances;  and (C)  the
                     State  will  pay or  assure  payment  of  (i) 10  per
                     centum of the costs of the remedial  action, including
                     all future maintenance, or (ii) 50 percent  (or such
                     greater amount as  the President  may determine
                     appropriate, taking into account the  degree of re-
                     sponsibility, of the State or political subdivision for
                     the release) of any sums expended  in response to a
                     release at a facility, that was operated by the State
                     or a political subdivision thereof, either directly or
                     through a contractual  relationship  or otherwise, at
                     the time of any disposal  of hazardous  substances
                     therein.  For the purpose of clause (ii) of  this sub-
                     paragraph, the term "facility" does  not include navi-
                     gable waters or the beds underlying those waters.
                     The President shall grant the State a credit against
                     the share of the costs for which it  is responsible
                     under this paragraph  for any documented direct
                     out-of-pocket non-Federal funds  expended or  obli-
                     gated by the State or a political subdivision thereof
                     after January  1,  1978, and before December 11,
                     1980, for cost-eligible  response actions  and claims
                                                 480

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                               ENVIRONMENTAL RESPONSE, ETC.
                                     42 § 9604
vene in any civil action involving the enforcement of
such contract or subcontract.
  (4) Where  two or more noncontiguous  facilities
are reasonably related on the basis of geography, or
on the basis of  the threat, or potential threat to the
public health or welfare  or the environment,  the
President may,  in his discretion, treat these related
facilities as one for purposes of this section.
(e>-Information  gathering and  access;  action autho-
     rized, access to information, entry, inspection and
     samples; authority and samples, compliance or-
     ders; issuance and compliance, other authority,
     confidentiality of information; basis for withhold-
     in?
  (1) Action authorized
    Any officer, employee, or  representative of the
  President, duly  designated  by the President, is
  authorized to take action under paragraph (2), (3),
  or (4) (or  any combination  thereof)  at a vessel,
  facility, establishment, place, property, or location
  or,  in the case  of paragraph (3)  or  (4),  at any
  vessel, facility, establishment, place,  property, or
  location which is adjacent to the vessel, facility,
  establishment, place, property, or  location  re-
  ferred to in such paragraph (3) or (4). Any duly
  designated officer, employee, or representative of
  a State or political subdivision under a contract or
  cooperative agreement under subsection (d)(l) of
  this section is also authorized to take such action.
  The authority of paragraphs (3) and  (4) may be
  exercised only if there  is a reasonable  basis to
  believe there may be  a release or threat of release
  of a hazardous substance or pollutant or contami-
  nant.  The authority of this subsection may be
  exercised only for the  purposes  of  determining
  the need for response, or choosing or taking any
  response action under this subchapter, or other-
  wise enforcing the provisions of this  subchapter.
  (2) Access to information
    Any officer, employee, or  representative  de-
  scribed in paragraph (1) may require  any person
  who has or may have information relevant to any
  of the following  to furnish, upon reasonable no-
  tice, information  or  documents relating to such
  matter:
      (A) The  identification, nature, and quantity
    of materials which have been or are generated,
    treated,  stored, or  disposed of at a vessel or
    facility or  transported to a vessel or facility.
      (B) The  nature  or extent of a  release or
    threatened  release of a hazardous substance or
    pollutant or contaminant at or from a vessel or
    facility.
      (C) Information  relating to the ability of a
    person  to pay  for or to perform  a  cleanup.
In addition,  upon reasonable  notice, such person
either (i) shall grant any such officer, employee, or
representative access at all reasonable times to any
vessel,  facility,  establishment, place, property,  or
location  to  inspect  and copy all  documents  or
records relating to such matters  or (ii) shall copy
and furnish to the officer, employee, or representa-
tive all such documents or records, at the option and
expense of such person.
  (3) Entry
    Any officer, employee,  or representative  de-
  scribed in paragraph (1) is authorized to enter at
  reasonable times any of the following:
      (A) Any  vessel, facility,  establishment,  or
    other place  or  property where  any hazardous
    substance or pollutant or contaminant  may  be
    or has been  generated, stored, treated, disposed
    of, or transported from.
      (B) Any  vessel, facility,  establishment,  or
    other place or property from which or to which
    a hazardous substance or pollutant or contami-
    nant has been or may have been released.
      (C) Any  vessel, facility,  establishment,  or
    other place or property where such release is or
    may be threatened.
      (D) Any  vessel, facility,  establishment,  or
    other place  or property where entry is needed
    to determine the need for response or the  ap-
    propriate response or to effectuate a response
    action under this subchapter.
  (4) Inspection and samples
   (A) Authority
      Any  officer, employee or representative  de-
    scribed in paragraph (1) is authorized to inspect
    and obtain samples from  any vessel,  facility,
    establishment, or other  place or property  re-
    ferred to in  paragraph (3) or from any location
    of any suspected hazardous substance or pollu-
    tant or contaminant. Any such officer, employ-
    ee,  or  representative is authorized to  inspect
    and obtain samples of any containers or label-
    ing for suspected hazardous substances or pol-
    lutants or contaminants.  Each such inspection
    shall be completed with reasonable promptness,

   (B) Samples
      If the officer,  employee,  or representative
    obtains any samples, before leaving the premis-
    es he shall give  to the owner, operator, tenant,
    or other person  in charge of the place  from
    which the samples were obtained a  receipt  de-
    scribing the sample obtained and, if requested,
    a portion of each such sample.  A copy of  the
    rpsnlts of any analysis made of such samples
    shall be furnished promptly to the owner, oper-
                                                 483

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42 § 9604
FEDERAL ENVIRONMENTAL LAW
    ator, tenant, or other person in charge, if such
    person can be located.

  (5) Compliance orders
    (A) Issuance
      If consent  is not granted regarding any re-
    quest made by an officer, employee, or repre-
    sentative under paragraph (2), (3), or (4),  the
    President may issue an order  directing compli-
    ance with the request.  The  order may  be is-
    sued after such notice and opportunity for con-
    sultation as is reasonably appropriate under the
    circumstances.

    (B) Compliance
      The President may ask the Attorney General
    to commence  a civil action to compel compliance
    with a request or order referred to in subpara-
    graph (A).  Where there is a  reasonable basis
    to believe there may be a release or threat of a
    release of a  hazardous  substance  or pollutant
    or contaminant, the court shall take the follow-
    ing  actions:

        (i) In the case of interference with  entry
      or inspection, the court shall enjoin such in-
      terference or direct compliance with orders to
      prohibit interference with entry or inspection
      unless under the circumstances of the case
      the demand for entry or inspection is arbi-
      trary and capricious, an abuse of discretion,
      or otherwise not in accordance with law.
        (ii) In the case of information  or document
      requests or orders, the court shall enjoin in-
      terference  with  such information or  doc-
      ument requests or orders  or direct compli-
      ance with the requests or orders to provide
      such information or documents unless under
      the circumstances of the case the demand for
      information or  documents  is arbitrary  and
      capricious,  an abuse of discretion, or other-
      wise not in accordance with law.
The court may assess a civil penalty not to exceed
$25,000  for each day of noncompliance against  any
person who unreasonably fails to  comply with the
provisions of paragraph (2), (3), or (4) or an  order
issued pursuant to subparagraph (A) of this para-
graph.
  (6) Other authority
    Nothing in this subsection shall preclude  the
  President from  securing access or obtaining infor-
  mation in any other lawful manner.
  (7) Confidentiality of information
    (A) Any records,  reports,  or information  ob-
  tained from any person under this section (includ-
                      ing records, reports, or information obtained by
                      representatives of the President) shall be avail-
                      able to the public, except that upon a showing
                      satisfactory to the President (or the State, as the
                      case may be) by any person that records, reports,
                      or information, or particular part thereof (other
                      than health or safety effects data), to which the
                      President (or the State, as the case may be) or
                      any  officer, employee, or representative has  ac-
                      cess under this  section if made public would di-
                      vulge information entitled to protection under sec-
                      tion  1905 of Title 18, such information or particu-
                      lar portion thereof shall be considered confiden-
                      tial in accordance with the  purposes of that sec-
                      tion, except that such record, report, document or
                      information may be disclosed  to other officers,
                      employees, or authorized representatives of the
                      United States concerned with  carrying out this
                      chapter, or when relevant  in any proceeding un-
                      der this chapter.
                        (B) Any person not subject to the provisions of
                      section 1905 of Title 18 who knowingly and will-
                      fully divulges or discloses any information enti-
                      tled  to protection  under  this  subsection  shall,
                      upon conviction, be subject to a fine of not  more
                      than $5,000 or to imprisonment not to exceed one
                      year, or both.
                        (C) In submitting data  under this chapter, a
                      person required  to provide such data may (i) des-
                      ignate the data which such person  believes is
                      entitled to protection under this subsection and (ii)
                      submit such designated data separately from oth-
                      er data submitted under this chapter.  A designa-
                      tion  under this paragraph  shall be made in  writ-
                      ing and  in  such manner as the  President may
                      prescribe by regulation.
                        (D) Notwithstanding any limitation contained
                      in this section or any other provision of law, all
                      information reported to or otherwise obtained by
                      the President (or any representative of the Presi-
                      dent) under this chapter shall be made available,
                      upon written request of any duly authorized com-
                      mittee of the Congress, to  such committee.
                        (E) No person required to provide information
                      under this chapter may claim that the information
                      is entitled to protection under this paragraph un-
                      less  such person  shows each  of the  following:
                          (i) Such person has not disclosed the infor-
                        mation to any other person, other than a mem-
                        ber of a  local emergency planning committee
                        established under title III of the Amendments
                        and Reauthorization Act of  1986 [42 U.S.C.A.
                        §  11001 et seq.],  an officer or employee of the
                        United States or a State or  local government,
                        an employee of such person, or a person who is
                        bound by a confidentiality agreement, and such
                                                484

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                                ENVIRONMENTAL RESPONSE,  ETC.
                                     42 § 9604
    person has taken reasonable measures to pro-
    tect the confidentiality of such information and
    intends to continue to take such measures.
      (ii) The information is  not  required to  be
    disclosed, or otherwise made available, to  the
    public under any other Federal or State  law.
      (iii) Disclosure of the information is likely to
    cause substantial harm to  the competitive posi-
    tion of such person.
      (iv) The specific chemical identity, if sought
    to  be  protected, is  not  readily discoverable
    through reverse  engineering.
    (F) The following information  with respect to
  any hazardous substance at  the facility or vessel
  shall not be entitled to protection under this para-
  graph:
      (i) The trade name, common name, or gener-
    ic class or category of the hazardous substance.
      (ii) The physical properties of the substance,
    including  its boiling point, melting point, flash
    point, specific gravity, vapor density, solubility
    in water, and vapor  pressure  at 20 degrees
    Celsius.
      (iii) The hazards to health and the environ-
    ment posed by the substance, including physical
    hazards (such  as explosion) and potential acute
    and chronic health hazards.
      (iv) The potential routes of human exposure
    to the substance at the facility, establishment,
    place, or  property being investigated, entered,
    or inspected under this subsection.
      (v) The  location of disposal  of any waste
    stream.
      (vi) Any monitoring data or analysis of moni-
    toring data pertaining to disposal activities.
      (vii) Any hydrogeologic  or geologic data.
      (viii)  Any groundwater  monitoring data.
(f) Contracts for response action; compliance with Fed-
     eral health and safety standards
  In awarding contracts to any person engaged in
response actions, the President or the State, in any
case where it is awarding contracts pursuant to a
contract entered into under subsection (d) of this
section,  shall  require compliance  with  Federal
health  and safety  standards established under sec-
tion 9651(f) of this title by contractors and subcon-
tractors as a condition of such contracts.
(g)  Rates for wages and  labor standards applicable to
     covered work
  (1) All laborers  and mechanics employed by con-
tractors  or  subcontractors  in  the  performance  of
construction, repair,  or alteration work funded  in
whole or in part under this section shall be paid
wages at rates not less than those prevailing  on
projects  of a character similar  in  the locality  as
determined by the Secretary of Labor in accordance
with the Davis-Bacon Act [40 U.S.C. 276a et seq.].
The President shall not approve any such funding
without first obtaining  adequate  assurance that  re-
quired labor standards  will be maintained upon the
construction work.
  (2) The Secretary of Labor shall  have, with  re-
spect to the labor standards specified in paragraph
(1), the authority and functions set forth in Reorga-
nization Plan  Numbered 14  of 1950  (15 F.R. 3176;
64 Stat. 1267) and section 276c of Title 40.

(h) Emergency procurement powers; exercise by Presi-
     dent
  Notwithstanding any other provision  of law, sub-
ject to the provisions of section 9611 of this title, the
President may authorize the use of such emergency
procurement powers as he deems necessary to  ef-
fect the purpose of this chapter.  Upon determina-
tion that such procedures are necessary, the Presi-
dent shall promulgate  regulations prescribing the
circumstances under which such  authority shall  be
used and the procedures governing the use of such
authority.
(i) Agency for  Toxic Substances and Disease Registry;
     establishment, functions, etc.
  (1) There is hereby established within the Public
Health Service  an agency, to  be  known  as  the
Agency for Toxic Substances and Disease Registry,
which  shall report directly to the Surgeon General
of the United States.  The Administrator  of said
Agency shall,  with the  cooperation of the Adminis-
trator  of the Environmental Protection  Agency, the
Commissioner of  the Food and  Drug  Administra-
tion, the Directors of the National Institute of Medi-
cine,  National Institute of  Environmental  Health
Sciences, National Institute of Occupational  Safety
and Health, Centers for Disease Control, the Admin-
istrator of the Occupational Safety and Health Ad-
ministration, the Administrator of the Social  Securi-
ty Administration, the Secretary of Transportation,
and appropriate State and local health  officials, ef-
fectuate and implement the  health related authori-
ties of this chapter.  In addition, said Administrator
shall—
    (A) in cooperation  with the  States, establish
  and  maintain  a national registry  of  serious dis-
  eases and  illnesses  and  a national  registry  of
  persons exposed to toxic substances;
    (B) establish  and maintain inventory of litera-
  ture, research, and studies on  the  health  effects
  of toxic substances;
    (C) in cooperation  with the  States, and other
  agencies of the Federal Government, establish
                                                 485

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                               ENVIRONMENTAL RESPONSE, ETC.
    health or the environment posed by the release
    of such hazardous constituents at such facility.
    This subparagraph refers only  to  available in-
    formation on actual concentrations of hazard-
    ous substances and not on the total quantity of
    special study waste at such facility.
  (3) Sovingo provioiono
    Nothing in this subsection shall  be construed to
  limit the authority of the President to remove any
  facility  which as  of  October 17, 1986 is included
  on the National Priorities  List from  such list, or
  not to list any facility which as of such date is
  proposed for inclusion on such list
  U> Information gathering and aaaJyolo
    Nothing in this chapter  shall be construed to
  preclude the  expenditure  of  monies  from the
  Fund for gathering  and analysis  of information
  which will enable the  Presidentf^to consider the
  specific  factors required by paragraph (2).
(Dec. 11. 1980, Pub.L. 96-510. Title I, § 105. 94 Stat. 2T79,
as amended Oct. 17, 1986. Pub.L 99-S99, Title I.  § 105,
100 Stat. 1625.)
            Code of Federal
Oil and hagardoua oubotanceo polluuoa coatingcaey plan. oca 40
     CFR 300.1 et seq.
  Health and Environment c^ZS.S, 25.7.
  C J.S. Health and Environment 00 91 ot osq.. 103 at ocq.
(a)
                       oH, ebe.
  In addition to any other action taken by a Stats or
local government, when the President  determines
that there may  be  an  imminent and  substantial
endangerment to  the public health or welfare or the
environment  because. of sa actual  or  threatened
release of a hasardoua subotaacQ from a facility, he
may require  the  Attorney  Geaeml  of  the United
States to secure such relief as may be BGeooeary to
abate such danger or threat, aad tho diasiet court
of the United Stated in the diotetefc ia whkh the
threat occurs shall have jurisdig&oa to  g?aat such
relief as the  publis iatereofe  aa^l fc&o equities of the
case may reqesro.  The PreoidQ®6 may oloo,  after
notice to the  afficste^ S8Sa,  toko other ae&oa  under
this  seetioa  iagfe&g, but  aofc limited  60, issuing
such ordero ao Esoy be  neesooas^  to prated  public
health and welfefQ aad  the eavipoameat
(fe) Flraoa:
  (!) Any  parson who,  without ouffieaat cause,
willfully violates, or fails or rafucsa to eoraply with,
any  order of the President under ouboGe&oa (a) of
thio  section may, in an aetioa brought ia tho apppc-
priate  United Stateo dio&kt eouxt to aafoiree  ouch
order, be fined not more than §25,000 for each day
in which such  violation  occurs  or  such failure to
comply continues.
  (2)(A) Any  person who  receives and complies
with the terms of any order issued under subsection
(a) of this section may, within 60 days after comple-
tion  of  the required action, petition the President
for reimbursement from the Fund  for  the reason-
able costs of such action, plus interest.  Any inter-
est payable under this  paragraph shall accrue on
the amounts expanded from the data of expenditure
at the same rata as specified for interest on invest-
ments of the Hazardous Substance Suparfund es-
tablished under subchapter A of chapter 98 of Title
26.
      If the President refuses to grant all or part
of a petition made under this paragraph, the peti-
tioner may within 30 days of receipt of such refusal
file an action against the President in the appropri-
ate United States  district court seeking reimburse-
ment from the Fund.
  (C) Except as provided in subparagraph (D), to
obtain  reimbursement,  the petitioner shall establish
by a preponderance of the evidence that it is no?
liable for response costs  under section §§G7(a) of
this  title and  that costs for which  it seeks reim-
bursement are reasonable in. light  of the actioa
required by the relevant order.
  (D) A petitioner who is liable for response costs
under section 8W7(a) of this title may also recover
its reasonable ccato of response to the extent that it
can demonstrate, on the administrative record, that
the  President's decision in selecting the  response
action ordered was arbitrary and capricious or was
otherwise not in accordance with law.  Reimburse-
ment awarded  under  this subparagraph shall  in-
clude all reasonable response cooto incurred by the
petitioner pursuaat to the  poF^oas  of  tho  ordor
found  to be arbiteary  and capricious OP othQSvrioa
not in accordance  with law.
  (E) Reimbursement  awarded by a court  uader
subparagraph  (C)  OP (D) may iadudo appi?opmte
coots, fees, aad othe?  expeaseo ia aceopdoaes with
subsections (a) and (d) of see&oa 2412 of Tftta  !S3.
UCK? ssotoo
(e)
           by Adnlataapotes' ©tf EiPA. csspa,
  Within one huadred aad eighsy dayo after Decem-
ber 11, 1980, tho AdmiaksGtitoE' of the Eawoamoa-
tal Protectioa Ageaey ohall, aftee eoaoultej&os with
'die Attoraey General, egtabliah aad pubfafe  gyido
lines  for usiag .tho imaiiaoat hak^d, eaforesmeat,
and emergency reopoaco autfeoritieo of  thks csetioa
and  other eaotiag  statuteo admiaJatefod by tho
Administrator  of  the  EavfeoameaeJ  Pfatse^oa
Agency to effectaate the reopoasibilMK! aad pou-
                                                493

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                 Attachment 3




Model Site Safety Plan for Chemical Safety Audits

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                        SITE SAFETY PLAN FOR
                      CHEMICAL SAFETY AUDITS
The OSHA Hazardous Waste Site Worker Standards (29 CFR 1910.120), the
EPA Safety Manual, Chapter 9, and other EPA protocols require certain safety
planning efforts prior to field activities.  The following format is aligned with
these requirements.  Extensive training and certifications, and further planning
in the form of a more extensive Site Safety Plan, may be required in addition  to
the following plan.
PROJECT:	
Project Coordinator:	   Date:	
Branch Chief:	   Date:	
On Scene Coordinator or
  Supervisor:	   Date:	
Health and Safety Manager
  Approval:	   Date:	
                       DESCRIPTION OF ACTIVITY
If any of the following information is unavailable, mark "UA"; if covered in
project plan, mark "PP."
Site Name:	
Location and approximate .size:	
Description of the response activity and/or the job tasks to be performed:
Duration of the Planned Employee Activity:
Proposed Date of Beginning the Investigation:
Site Topography:	
Site Accessibility by Air and Roads:

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    HAZARDOUS SUBSTANCES AND HEALTH HAZARDS INVOLVED OR
                      SUSPECTED AT THE SITE
Fill in any information that is known or suspected

                            Chemical and         Identity of Substance
Areas of Concern           Physical Properties        and Precautions
Explosivity:
Radioactivity:
Oxygen Deficiency:
(e.g., Confined Spaces)
Toxic Gases:
Skin/Eye Contact
Hazards:
Heat Stress:
Pathways from site for hazardous substance dispersion: _




                     WORK PLAN INSTRUCTIONS

A.   Recommended Level of Protection: A	  B

     Cartridge Type, if Level C:	

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    Additional Safety Clothing/Equipment:
    Monitoring Equipment to be Used:
CONTRACTOR PERSONNEL:

    Number of Skills:
CONTRACTOR SAFETY CLOTHING/EQUIPMENT REQUIRED:
    Have contractors received OSHA required training and certification?
(29CFR 1910.120)

(If "yes," copy of training certificate(s) must be obtained from contractor)

B.  Field Investigation and Decontamination Procedures:

Decontamination Procedures (contaminated protective clothing, instruments,
equipment, etc.):	

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Disposal Procedures (contaminated equipment, supplies, disposal items, wash-
water, etc.):	
                       EMERGENCY CONTACTS

Hospital Phone No.:	

Hospital Location:  	
EMT/Ambulance Phone No.

Police Phone No.:
Fire Assistance Phone No.:
Regional Health and Safety Manager:

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                                      Attachment 4

                                  Sources of Information
                         Concerning Hazardous Substance Releases
The Accidental Release Information Program (ARIP). EPA established ARIP to promote safety
initiatives by industry and to develop a national database on the causes of chemical accidents, but
more importantly, to identify methods used to prevent recurrences. The data collected in ARIP are
derived  from questionnaires completed by selected facilities that have reported  releases to the
National Response Center (NRC), as required by law.

       Facilities selected to receive an ARIP questionnaire have experienced a "triggered" release
exhibiting one or more of the following characteristics:

              Release quantities in excess of a multiple of the CERCLA reportable quantity for the
              chemical involved;

              Releases resulting in deaths or injuries;

              Releases that are part of a trend of frequent releases from the same facility; or

              Releases involving extremely hazardous substances designated under SARA Title III.

State Emergency Response Commissions (SERCs) and  Local Emergency Planning Committees
(LEPCs) SERCs and LEPCs established under SARA Title III receive Section 304 reports detailing
accidental releases of hazardous chemicals (those listed under the OSHA Hazard Communication
Standard and CERCLA) and SERCs also received Section 313 reports recording annual releases,
routine and accidental, of hazardous substances by manufacturing facilities.

The National Response Center (NRC).  The NRC receives notifications on accidental releases that
are subject  to Reportable Quantity requirements of CERCLA.  The NRC has been  notified of
thousands of hazardous substance releases since 1978.

The Emergency Response Notification System (ERNS).  ERNS is a recent effort of the Agency to
channel the state, regional, and NRC reports on  releases  of oil and hazardous substances into one
central database.  ERNS is used by EPA  for enforcement tracking and program  management
purposes.

The Environmental Protection Agency (EPA). Both the national and regional offices of EPA receive
reports and notifications on accidental releases.

The Acute  Hazardous Events Data Base (AHE/DB).   Designed  by EPA, AHE/DB collects a
representative sample of event reports from the above and other sources into a form that is more
convenient for gaining perspective on accidental releases and drawing policy conclusions.  Developed
in  1985, it was recently updated and expanded  to 6,300 records.

The Section 305(b) Report to Congress on Emergency Systems.  Mandated by SARA Title III, the
report was a three-stage process.  Information on certain facilities with completed questionnaires is
available. The report and backup information provide a good technical understanding  for detecting,
monitoring and preventing releases, as well as for public alert.

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The Federal Emergency Management Agency (FEMA).  FEMA keeps a record of all incidents
involving the participation of emergency management personnel.

The Occupation  Safety and  Health Administration (OSHA)  and the  National  Institute  of
Occupational Safety and Health (NIOSH). OSHA and NIOSH have records of accidents in the
workplace.

U.S. Coast Guard Marine Safety Offices (MSO). Local MSOs regularly conduct inspections of
waterfront facilities.  These inspection reports are available from  the respective MSO, and can
provide useful facility information.

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                                       Attachment 5

                       Sample First Letter to Facility Owner/Operator
Dear (Facility Owner/Operator):

       Through the records retained by the National Response Center pursuant to Section 103 (a)
of the Comprehensive Environmental  Response, Compensation,  and Liability  Act of 1980, as
amended (CERCLA), the U.S. Environmental Protection Agency has identified your facility as a site
where a reportable release of a CERCLA hazardous substance occurred.  The EPA is currently
conducting chemical  safety audits of particular  facilities identified through the Section 103(a)
reporting system for the purpose of identifying technological and managerial mechanisms that might
be implemented to prevent future threatened releases harmful to human health and the environment.
The  audit includes an on-site visit during which a review of equipment, procedures, training,  and
management techniques is conducted to learn about prevention of accidental chemical releases.

       Due to a report filed by the (facility name} under Section 103(a) of CERCLA, (facility name]
has been chosen as a potential candidate for an EPA chemical safety audit. The Agency is requesting
your cooperation  in an audit  of your facility under the authorities of Sections 104(b) and 104(e)
CERCLA, by (names and affiliation of audit team) on (date), or on a date convenient to you. Please
be assured that the audit team will make every effort to minimize any interference with  your plant
operations during the actual safety audit.

       If you wish to assert  a business  confidentiality claim for part or all of the information
collected, such a claim must accompany the information when it is received by EPA,  or it may be
made available to  the public without further notice to you.  Information covered by a confidentiality
claim will be disclosed by EPA only to the extent, and by means of the procedures, set forth in EPA
regulations at 40 CFR Part 2.  EPA has contracted with (contractor name and contract number) to
obtain information pertinent to conducting the safety audit. (Contractor name) has been designated
as an authorized  representative of  the Agency.  Therefore, (contractor  name) is  subject to  the
provisions of Section  104(e) of CERCLA respecting confidentiality of methods or processes entitled
to protection  as trade secrets.

       EPA would like to conduct this audit in a constructive and positive manner.  The EPA solicits
your prompt  response to the above request.  If you  have any questions about  the  audit or  the
Chemical Safety Audit program, please contact (regional contact) for further information.

                                                Sincerely,

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                                       Attachment 6

               Sample Letter to Facility Owner/Operator who has not Responded
                                 or Consented to the Audit
Dear (Facility Owner/Operator):

       Through the records retained by the National Response Center pursuant to Section 103 (a)
of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended
(CERCLA), the U.S. Environmental Protection Agency has identified your facility as a site where
a reportable release of a CERCLA hazardous substance occurred. The EPA is currently conducting
chemical safety audits of particular facilities identified through the Section 103 (a) reporting system
for the purpose of identifying technological and managerial mechanisms that might be implemented
to prevent future threatened releases harmful to human health and  the environment. The (facility
name) has been chosen for a chemical safety audit due to its reportable release(s) of (CERCLA
hazardous substance (s)) on (date of release). The audit includes an on-site visit in which  a review of
equipment, procedures, training and  management techniques is conducted to learn about prevention
of accidental chemical releases.  We wish to assure you that we will make every effort to minimize
any interference with your plant operations during the course of the audit.

       On (date) EPA sent you a letter requesting your voluntary cooperation in a chemical safety
audit of your  facility.   [The Agency has not received a reply to that  request.]   [(By letter dated
	,) (/Through  a telephone conversation on	,) you indicated that you  will not
extend your voluntary cooperation to an audit of your facility.]  You should be  aware that Sections
104(b) and 104(e)(4)(A) of CERCLA specifically give EPA the right to access private property where
there is a reasonable basis to believe that there has been or may be a release or threat of release of
a hazardous substance or pollutant or contaminant.  Failure to grant such access  within	days
of receipt of this letter, or adequately to justify such failure to grant such access,  can result in EPA
enforcing an order  requesting  entry pursuant to  Section  104(e)(5) by seeking  a warrant and/or
penalties for noncompliance with the entry order.  Section 104(e)(5)(B) of CERCLA permits EPA
to seek the imposition of up to  twenty-five thousand dollars ($25,000) for each day that you fail to
grant access to EPA.  Please be further advised  that  provision  of false, fictitious, or fraudulent
statements or representations may subject you to criminal penalties under 18 U.S.C. Section 1001.

       If you wish  to  assert a business  confidentiality claim for part  or  all  of the information
collected, such a claim must accompany the information when it is received by EPA, or it may be
made available to the public without further notice to you.          Information   covered   by  a
confidentiality claim will  be disclosed by EPA only to the extent and by means of the procedures set
forth in EPA regulations at 40 CFR Part 2. EPA has contracted with (contractor name and contract
number) to obtain information pertinent to conducting the safety audit. (Contractor name) has been
designated as an authorized representative of the Agency.  Therefore, (contractor name) is subject
to the provisions of Section 104(e) of CERCLA respecting confidentiality of methods or processes
entitled to protection as trade secrets.

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       Due to the legal ramifications of your failure to grant access, EPA strongly encourages you
to give this matter your immediate attention and further consideration within the time specified. If
you have any legal or technical questions relating to this matter, you may consult with the EPA prior
to the time specified above. Please direct legal questions to (Name of ORC Person) of the Office of
Regional Counsel at	. Technical questions should be directed to (Name of Program
Person), at the above address, or at	.

                                                 Sincerely,

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                                       Attachment 7

                                Standard Report Disclaimer
       The contents of this report reflect information concerning the (facility name) facility obtained
during a U.S. Environmental Protection Agency chemical safety audit and from records provided by
the (facility name) facility. The audit was conducted from (audit dates), and observations as presented
in this report provide a snapshot of conditions existing at the facility during the audit time frame.
They  do  not represent planned or anticipated changes proposed or on-going  at the facility.  The
recommendations and other report observations contained in this report are not mandatory actions
that the facility must implement.  In addition, EPA makes no assurances that  if implemented, the
recommendations and other report observations contained in this report will prevent future chemical
accidents, equipment  failures, or unsafe management  practices, and/or provide protection from a
future enforcement action under any applicable law or regulation.

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                                       Attachment 8

                      Standard Language for Audit Report Introduction


       The Chemical  Safety Audit  (CSA)  program  has  evolved from  the efforts  of  the  U.S.
Environmental Protection Agency (EPA) under the Chemical Accident Prevention (CAP) program.
The primary objectives of the CAP program are to learn about the causes of accidental releases of
hazardous substances and the means  to prevent such releases  from occurring, to promote industry
initiatives in these areas, and to share activities with the community.

       The Chemical Safety Audit program is part of this broad initiative, and has been designed to
accomplish the following chemical accident prevention goals:

              Visit facilities handling hazardous substances to gather information on safety practices
              and technologies;

              Heighten awareness of the  need for, and promote, chemical safety among facilities
              handling hazardous substances, as well as in communities where chemicals are located;

              Build cooperation among facilities, EPA, and other authorized parties by coordinating
              joint audits; and

              Establish a database for the  assembly  and  distribution of chemical process safety
              management information obtained from the facility audits.

       The audit consists of interviews with facility personnel,  and on-site review of various aspects
of facility operations related to the prevention of accidental chemical  releases.  CERCLA sections
104(b) and 104(e), as amended by SARA in 1986, provide authorities  for entering a facility and
accessing information.  Specific topics addressed include:

              Awareness of chemical and  process hazards;

              Process characteristics;

              Emergency planning and preparedness activities;

              Hazard evaluation and release modelling efforts;

              Release detection and monitoring techniques;

              Training of operators and emergency response personnel;

              Facility and corporate management structure;

              Preventive maintenance and inspection programs; and

              Community notification mechanisms and techniques.

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       This report contains observations and conclusions and recommendations from an audit
conducted at (facility name, city, and state) from (audit dates'). This report identifies and characterizes
the strengths of specific chemical accident prevention program  areas to allow the  elements of
particularly effective programs to be recognized.  Copies of the report are provided to the facility so
that weak and strong program areas may be recognized.

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                                       Attachment 9

                       Documentation Pertaining to the Processes and
                          Operations Using Hazardous Substances
       The issues contained in sections 6.2.1 and 6.2.2 of the CSA protocol, Overview of Processing
Steps and Operating Procedures and General Description of Process Equipment, will require members
of the audit team to review processing and operating information. The team should review facility
documentation on the equipment and operating procedures relevant to the audit.  Before examining
current practices, the audit team may want to review available technical documentation supporting
the original selection of technology, process chemistry, equipment, and operating parameters for the
process(es) under study. Typical documentation available for current operations include Process Flow
Diagrams (PFDs) and Piping and Instrumentation Diagrams (PIDs). The following questions can
provide a framework for your evaluation of these documents:

              Does the facility have documentation on the design and operating parameters of the
              equipment and processes using the substance(s) of interest?

              Is the documentation for the process(es) complete, accurate, and  legible?

              Are symbols used uniformly?

              Are items such as the location and sizes of nozzles for connection of process lines,
              utility tie-ins, relief devices, controls, drains, vents, and blinds included?

              Do pieces of equipment have assigned numbers and are descriptions provided?

              Are the equipment specifications and operating parameters (e.g., dimensions, capacity,
              surface area, temperatures, pressures) specified?

              Are equipment spares shown?

              For piping, are the items such as rating, diameter, fluid flow direction, insulation and
              tracing requirements, and sloping requirements for expansion shown?

              For instrumentation, are  items such as control parameter,  indicating and recording
              functions,  transmitter, signal type, control valve size, and actuator type shown?

Other  issues  to  keep in  mind when  examining process  documentation  include materials  of
construction;  electrical area classification; design of relief,  safety, and ventilation systems; relevant
design codes and standards; and material and energy balances.

       PIDs indicate whether or not the crucial operating parameters are being monitored in order
for the operator to  be able to respond to upsets in a timely manner. Therefore, the team should
review a PID for the following concerns:  monitoring of  operating  parameters, provisions for
automatic shutdown, presence of alarm systems, interlock systems, overpressure protection, disposal
method of relief stream, and similar information. The audit team may want to compare a portion of
the PID to the systems and equipment in existence at the facility to verify their accuracy.

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                                      Attachment 10

                   Descriptions of Standard Operating Procedure Manuals
       Section 7.2.1 of the CSA protocol, Standard Operating Procedures, lists several types of SOP
manuals that should be reviewed, as relevant, by the audit team.  In general, the audit team should
consider whether existing facility SOPs are complete -- do  they  address initial and post-shutdown
startups, normal operations, temporary and emergency operations,  normal and emergency shutdowns,
and maintenance.  The following descriptions provide  a summary of the type of information that
facility SOP manuals typically contain.

Supervisory Operating Manual

•      Feed and product specifications;
       PFDs;  PIDs; MSDSs;
•      Process parameters;
•      Intermediate stream normal operating guidelines;
•      List of alarms and interlocks;
•      Equipment and instrumentation settings;
•      Narrative description of start-up;
•      Testing practices;
•      Shutdown; and
•      Emergency situations.

Operating Procedures Manual

•      Detailed  valve-by-valve procedures for all operating  tasks;
•      Schematic drawings;
•      Safety  instructions; and
•      Equipment and systems.

Safety Procedures Manual

•      Safety  systems and equipment;
•      Safety  procedures; and
•      Instructions.

In addition  to comprehensiveness,  the audit team should  determine whether the SOP manuals
accurately reflect current equipment and current practices  and whether they  are understood and
implemented by operations personnel. Finally, the audit  team should determine whether the manuals
are formally evaluated on a regular basis, whether both operations and management personnel
participate in the review and revision of SOPs, and how information on such changes is provided to
operations and supervisory personnel through training and drills.

       Beyond the manuals listed above, there are a variety of other procedural documents (e.g.,
operating logs, shift turnover procedures, and maintenance guidelines) that the audit team may want
to examine, depending on the focus  of the audit.  Safety, health, and accident prevention  topics that
can be investigated through these sources include overtime practices, emergency callout procedures,
procedures for reporting unusual occurrences, and consistency of equipment handling procedures for
maintenance and operations personnel.

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     Attachment 11




Blank CSA Report Profile

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                  CHEMICAL SAFETY AUDIT PROFILE


Facility Name:



Facility Location:



Date(s) Audit Conducted:



Description of Facility:

     SIC Code(s):

     Location:

     Products manufactured,
     produced, or distributed:

     Proximity to
     sensitive populations:



Reason for Facility Selection:

     ARIP Reports:



Focus of Audit:

     Hazardous Substances(s)
     Examined:

     Physical Area(s) Examined:

     Storage and Handling

     •    Storage Systems

     •    Shipping/Receiving

     •    Material Transfer

     Process Area(s)

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Summary of Audit Findings and Recommendations:



     Conclusions:



     Facility Background Information
     Chemical Hazards
     Process Information
     Chemical Accident Prevention
     Accidental Release Incident Investigation
     Facility Emergency Preparedness and Planning Activities
     Community and Facility Emergency Response Planning Activities

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Public Alert and Notification Procedures
Recommendations:



Facility Background Information
Chemical Hazards
Process Information
Chemical Accident Prevention
Accidental Release Incident Investigation
Facility Emergency Preparedness and Planning Activities

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     Community and Facility Emergency Response Planning Activities
     Public Alert and Notification Procedures
Audit Team Member Composition:

Name and Title
Affiliation
Area of Responsibility
Expertise

Name and Title
Affiliation
Area of Responsibility
Expertise

Name and Title
Affiliation
Area of Responsibility
Expertise

Name and Title
Affiliation
Area of Responsibility
Expertise

Name and Title
Affiliation
Area of Responsibility
Expertise

Name and Title
Affiliation
Area of Responsibility
Expertise

Name and Title
Affiliation
Area of Responsibility
Expertise

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Follow-up Activities:



     By the facility:



     By the Regional office:



     By State and local authorities:





Regional Contact:



Date:

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       Attachment 12




Annotated CSA Report Profile

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                  CHEMICAL SAFETY AUDIT PROFILE
Facility Name:
[provide full name of facility
as   well   as   any   corporate
affiliation]
Facility Location:
[list city, state, and region]
Date(s) Audit Conducted:
[list  actual  days  audit  team
was on site at facility]
Description of Facility:

     SIC Code(s):

     Location:
     Products manufactured,
     produced, or distributed:
     Proximity to
     sensitive populations:
[provide four-digit SIC code]

[describe nature of surrounding
area     (e.g.,    commercial,
industrial, rural, residential,
urban) and indicate direction
and distance  to nearest major
city]
[list   final   products
intended uses]
and
[indicate    direction    and
distance to schools, hospitals,
day   care   centers,   senior
centers,    parks,    lakes,
wetlands,  and  other sensitive
envi ronment s]
Reason for Facility Selection:
     ARIP Reports:
[list  all reasons,  including
past    releases,    ARIP
questionnaires,  requests  from
state  and   local   officials,
regional initiatives, interest
from facility, public concern,
chemical(s),   process(es),   or
system(s)  of interest]
[list    release   date
substance released]
and

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Focus of Audit:

     Hazardous Substances(s)
     Examined:                     [list  only  CERCLA  hazardous
                                   substances   or    Title   III
                                   extremely hazardous substances
                                   examined and provide Chemical
                                   Abstract Service (CAS) number]

     Physical Area(s) Examined:

     Storage and Handling

     •    Storage Systems

          [describe all storage systems  examined (e.g., rail cars,
          tanks,   containers,    cylinders),   including   design,
          capacity,  material  of  construction,   and  length  of
          storage]

     •    Shipping/Receiving

          [describe  all  shipping and receiving systems examined
          (e.g., rail car,  tank truck, and barge loading/unloading
          areas,     pipelines),    including     frequency    of
          delivery/shipment,   design,    capacity,   and   general
          loading/unloading procedures]

     •    Material Transfer

          [describe all material transfer systems  examined (e.g.,
          pipelines, conveyor belts, fork lifts, manual), including
          design, material of construction, capacity,  and general
          transfer procedures]

     Process Area(s)

          [describe  each   stage  in  all   process(es)   examined
          involving  the  hazardous substances  (e.g.,  primary and
          secondary manufacturing, recycling and reuse,  waste and
          waste water  treatment  and  disposal,  power generation),
          including substances  and equipment involved and a general
          description of each step in the process]

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Summary of Audit Findings and Recommendations:

     Conclusions:

     [state observations  and concerns  on facility policies  and
     practices in a factual manner that  refrains from judgments of
     adequacy or inadequacy, and ensure that any concerns have been
     addressed appropriately in the recommendations section.]

     Facility Background Information
     Chemical Hazards
     Process Information
     Chemical Accident Prevention
     Accidental Release Incident Investigation
     Facility Emergency Preparedness and Planning Activities

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Community and Facility Emergency Response Planning Activities
Public Alert and Notification Procedures
Recommendations:

[clearly  state  recommendations  for  facility policies  and
practices   (that  are  both  practical  and  technologically
feasible at the facility) in a manner that  reflects their non-
mandatory  nature,  as  well  as the  observations  and concerns
outlined in the conclusions section.]

Facility Background Information
Chemical Hazards
Process Information
Chemical Accident Prevention

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     Accidental Release Incident Investigation
     Facility Emergency Preparedness and Planning Activities
     Community and Facility Emergency Response Planning Activities
     Public Alert and Notification Procedures
Audit Team Member Composition:

[list audit  team members  in the following  order:   US  EPA team
leader,   other US  EPA  personnel,  AARP  enrollees,   TAT  members,
representatives  from  other federal  agencies;  and then  state,
tribal,  and local officials]
Name and Title
Affiliation
Area of Responsibility
[list  the  full  name and  title  of  the
auditor]

[indicate the federal, state, tribal, or
local  government  organization  that  the
auditor  is  representing  (e.g.,  US  EPA
regional  office;  Technical  Assistance
Team -- company name;  state department of
environmental protection;  county health
department)]

[indicate the  general subject matter(s)
with  which  the  auditor  was  involved
(e.g.,   equipment    and   process(es),
training, off-site impacts, occupational
health,  security,  emergency  planning,
observer)]

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Expertise                [characterize  the  education,  training,
                         and/or  professional  background  of  the
                         auditor (e.g.,  chemical engineer,  public
                         health    officer,     hazardous    waste
                         specialist,     emergency    responder,
                         emergency planner)]

Name and Title
Affiliation
Area of Responsibility
Expertise

Name and Title
Affiliation
Area of Responsibility
Expertise

Name and Title
Affiliation
Area of Responsibility
Expertise

Name and Title
Affiliation
Area of Responsibility
Expertise

Name and Title
Affiliation
Area of Responsibility
Expertise

Name and Title
Affiliation
Area of Responsibility
Expertise


Follow-up Activities:

     By the facility:

     [as appropriate, discuss  short and long term plans of facility
     to address issues/implement recommendations raised during the
     audit]

     By the Regional office:

     [as appropriate, discuss short and long term plans to follow
     up with facility on issues and recommendations raised during
     the audit]

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     By State and local authorities:

     [as  appropriate,  discuss  follow up  activities related  to
     issues and recommendations raised during the audit]


Regional Contact:             [list    contact    for    further
                              information]

Date:                         [indicate  date  that   profile  was
                              submitted]

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