EPA Region 8
Preparedness Unit
Planning, Prevention, and Preparedness Newsletter
April 2011
eporting Requirements - Oil Spills and Hazardous Substance Relea.
One of EPA's top priorities is to eliminate any danger to the public and the environment
posed by hazardous substance releases and oil spills. Did you know that there is a require-
ment of any person or organization responsible for a release or spill to notify the federal
government? This month we have dedicated the bulk of this newsletter to summarize the
different federal reporting requirements that exist for oil spills and hazardous substance releases. It is im-
portant to know that States may have separate reporting requirements as well, but it is required by responsi-
ble parties under certain federal laws that the federal government be notified by calling the National Re-
sponse Center (NRC) at (800) 424-8802. However, if anybody discovers a hazardous substance release or
oil spill, EPA encourages the party to contact the federal government as well, regardless of whether they are
the responsible party.
What is the National Response Center?
The National Response Center (NRC) is the federal government's national communications center, which is
staffed 24 hours a day by U.S. Coast Guard officers and marine science technicians. The NRC is the sole
federal point of contact for reporting all hazardous substances and oil spills. The NRC receives all reports of
releases involving hazardous substances and oil that trigger the federal notification requirements under sev-
eral laws.
Reports to the NRC activate the National Contingency Plan and the federal government's response capabili-
ties. It is the responsibility of the NRC staff to notify the pre-designated On-Scene Coordinator (OSC) as-
signed to the area of the incident and to collect available information on the size and nature of the release,
the facility or vessel involved, and the party(ies) responsible for the release. The NRC maintains reports of
all releases and spills in a national database. To access this information, see the National Response Center:
Data Query Page.
All it takes is a single telephone call to the National Response Center at (800) 424-8802.
Oil Spill Reporting:
Because spills of any type of oil may impact the environment, EPA and the regulated community aim to
prevent, prepare for, and respond to oils of all types such as:
Petroleum-based oils, including crude oils and refined oils
Non-petroleum-based oils, including animal fats and vegetable oils
In addition to the type of oil, the impact of a spill depends on its location.
EPA has established requirements to report spills to navigable waters or adjoining shorelines. EPA has de-
termined that discharges of oil in quantities that may be harmful to public health or the environment include
those that:
Violate applicable water quality standards;
Cause a film or "sheen" upon, or discoloration of the surface of the water or adjoining shorelines; or
Cause a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shore
lines.
Inside this issue:
Training & Exer-
Training Opportu-
I nities
EPCRA Pg.4:
Ammonia Leak
Database
^Pipeline Pg. 5:
Pipeline Incident
REPORT
Need to Report a Possi-
ble
Environmental Viola-
tion?
Fill out the form at
www. e pa. q o v/ti ps/
Partner Corner
More localized info?
Check out these
sites.
Montana
Wyoming
North Dakota
South Dakota
Utah
Colorado
Denver
Any person in charge of vessels or facilities that discharge oil in such quantities is required to report the spill to the federal govern-
ment.
The requirement for reporting oil spills stems from the Discharge of Oil Regulation, known as the "sheen rule." Under this regula-
tion, oil spill reporting does not depend on the specific amount of oil spilled, but on the presence of a visible sheen created by
the spilled oil. Reporting an oil discharge may also be required under the Spill Prevention. Control, and Countermeasure (SPCC)
Rule . For more information on reporting oil discharges, please see:
Oil Discharge Reporting Requirements: How to Report to the National Response Center and EPA (PDF) (Cont. Pg, 2)
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Planning, Prevention, and Preparedness Newsletter April 2O11
Hazardous Substances: (Cont fromPg i)
As an industrialized nation, the United States produces, transports, stores, uses, and disposes of millions of tons of hazardous sub-
stances per day. Many of us live and work among a wide variety of hazardous substances, which can be found on trucks, trains, and
ships that transport hazardous substances; in industrial production, storage, and use; and in active and abandoned hazardous waste
sites. Hazardous substances also are found in many consumer products and services that we use every day. Under normal condi-
tions, these substances are controlled and pose no threat to human life and the environment. But when they enter the environment
through an accidental release, they can contaminate the land we use, the water we drink, and the air we breathe, with potentially dis-
astrous results.
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) Requirements
Hazardous substances take many forms, and are defined under the Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA). Today, a great deal is known about hazardous substances and their effects; this information helps respond-
ers act quickly and safely to reduce the risks from emergency situations.
For releases of hazardous substances, the federal government has established Superfund Reportable Quantities (RQs) . If a hazardous
substance is released to the environment in an amount that equals or exceeds its RQ, the release must be reported to federal authori-
ties, unless certain reporting exemptions for hazardous substance releases also apply.
Under CERCLA, also known as the Superfund Law, Congress established an initial reportable quantity or RQ of one pound for
Superfund hazardous substances. Congress also required EPA to issue regulations to adjust these initial RQs to more accurately re-
flect their potential to threaten public health and welfare and the environment. To date, EPA has established or proposed adjustments
to the RQs for all of the roughly 800 Superfund substances.
For purposes of establishing reportable quantity (RQ) adjustments under CERCLA, EPA has adopted the five RQ levels of I, 10,
100, 1,000, and 5,000 pounds originally established pursuant to the Clean Water Act (CWA) section 311. The Agency adopted the
CWA five-level system primarily because: (1) it had been successfully used for the CWA; (2) the regulated community was already
familiar with these five levels; and (3) it provides a relatively high degree of discrimination among the potential hazards posed by
different CERCLA hazardous substances.
For more information on what the reportable quantities are for CERCLA hazardous substances, you can download the following:
Reportable Quantities (RQs) for CERCLA Section 102(a) Hazardous Substances (PDF) (67 pp, 1.2MB) 40 CFR 302.4 (July 1, 2001)
If an accidental chemical release occurs that exceeds the minimal reportable quantity, the responsible party must immediately report
the spill to the National Response Center at (800) 424-8802.
What must be included in the emergency notification?
The chemical name
An indication of whether the substance is extremely hazardous
An estimate of the quantity released into the environment
The time and duration of the release
Whether the release occurred into air, water, and/or land
Any known or anticipated acute or chronic health risks associated with the emergency,
and where necessary, advice regarding medical attention for exposed individuals
Proper precautions, such as evacuation or sheltering in place
Name and telephone number of contact person
Emergency Planning and Community Right-to-Know Act (EPCRA) Requirements
Emergency Planning and Community Right-to-Know Act (EPCRA) establishes requirements for Federal, state and local govern-
ments, Indian Tribes, and industry regarding emergency planning and "Community Right-to-Know" reporting on hazardous and
toxic chemicals. The Community Right-to-Know provisions help increase the public's knowledge and access to information on
chemicals at individual facilities, their uses, and releases into the environment. States and communities, working with facilities, can
use the information to improve chemical safety and protect public health and the environment.
Under the Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986, the federal government has designated sev-
eral hundred substances as "extremely hazardous substances" based on their acute lethal toxicity. Under the law, releases of these
extremely hazardous substances trigger reporting requirements to state and local authorities, as well as the federal authorities. The
owner or operator of a facility that releases an extremely hazardous substance in an amount greater than its established reportable
quantity (RQ) must follow requirements on how to report to the appropriate authorities (in
many cases, the State Emergency Response Commission (SERC) and the Local Emergency
Planning Committee (LEPC) for the location where the incident occurs. The RQs for the ex-
tremely hazardous substances are based on the substance's acute lethal toxicity. For more
information on what the reportable quantities are (Cont. Pg 3)
Page 2
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Planning, Prevention, and Preparedness Newsletter
April 2011
EPCRA Req. (Cont. form Pg 2)
for EPCRA extremely hazardous substances, you can download the following:
Reportable Quantities (RQs) for CERCLA Section 102(a) Hazardous Substances (PDF) (67 pp, 1.2MB)40 CFR 302.4 (July 1, 2001)
If an accidental chemical release occurs that exceeds the minimal reportable quantity, the responsible party must immediately report
the spill to the National Response Center at (800) 424-8802.
vL'
The Value of Reporting? How did
your state fare in reporting over the
last ten years? Click here.
*Data from rtknet.org
What must be included in the emergency notification?
The chemical name
An indication of whether the substance is extremely hazardous
An estimate of the quantity released into the environment
The time and duration of the release
Whether the release occurred into air, water, and/or land
Any known or anticipated acute or chronic health risks associated with the emergency,
and where necessary, advice regarding medical attention for exposed individuals
Proper precautions, such as evacuation or sheltering in place
Name and telephone number of contact person
What is a Written Follow-up Notice?
A written follow-up notice must be submitted to the SERC and LEPC as soon as practicable after the
release. The follow-up notice must update information included in the initial notice and provide information on actual response actions
taken and advice regarding medical attention necessary for citizens exposed.
For More Information
For more information on reporting hazardous substance releases, read the Frequent Questions pages on EPA's national website or con-
tact Kathie Atencio at 303-312-6803.
Bottom line
- Why else
should you
report? -
You may not be reim-
)ursed without a report
o the NRC.
http://www.epa.gov/emergencies/content/reporting/index.htm
about milk and the pro-
posed exemptions?
Click here
Are you concerned about an envi-
ronmental situation within your
community but don't know where
to go for answers? Learn more
here
Violations
TRAINING & EXERCISES LUKE CHAVEZ-COORDINATOR 303-3/2-65/2/chovez./uke@epo.gov|
^T 'pK?t .^|S^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^J
"Let our advance worrying become advanced thinking and planning." Winston Churchill
^Exercises
On November 30, 2010, EPA Region 8 conducted its annual Training and Exercise Planning Workshop (TEPW). The
TEPW is designed to address our current training and exercise priorities, improve our response capabilities, efficien-
cies, knowledge and experience. Our regional training and exercise program looks to not only assist On Scene Coor-
dinators (OSC) with responses, but also to help other EPA groups such as our Incident Management Teams (IMT),
Response Support Corps (RSC) and regional specialized groups to better respond to incidents and disasters.
Region 8 creates a Training and Exercise Plan (TEP) annually discussing our latest priorities and methodologies in addressing those
regional training and exercise (T&E) priorities. A schedule listing our regional trainings and exercises is developed for each year
showing the type of T&E, location, time, sponsor, participants and regional priorities being addressed (see attached T&E Schedule).
EPA region 8 is always looking to assist and participate in exercises with regard to our responsibilities - chemical, biological, radio-
logical, nuclear or explosive (CBRNE) events as well as other hazardous materials incidents.
Please contact Luke Chavez (email: Chavez.luketgiepa.gov. phone: 320-312-6512) - Exercise Coordinator if you have any questions
regarding EPA Region 8 T&E or have an exercise that we may assist you in. You may view our 2011 Exercise List here.
The course "Team Approach to Environmental Enforcement", will take May 16-18 at the
Training opportunities: Lowry Conference Center in Denver. For a copy of the agenda and training announce-
ment/registration form, please click on THIS LINK. There is no cost for the training, however attendees are responsible for
their own meals and lodging if necessary. Please pass this training announcement along to your colleagues or other agencies
that might be interested in attending. Hope to see you in May. (Cont. Pg4)
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Planning, Prevention, and Preparedness Newsletter April 2011
Oil Regulations Workshop Announcement for Denver, CO
On April 26, 2011, EPA's Oil Program staff will conduct a free workshop on the oil pollution regulations and the requirements for a
Spill Prevention Control and Countermeasure (SPCC) Plan. SPCC plans must be prepared and implemented by facilities which store,
process, transfer, distribute, use, consume, drill, produce, gather, or refine oil or oil products. The term "oil" includes petroleum oils,
including gasoline, asphalt, kerosene, motor oil, etc.; animal and fish oils; vegetable oils; synthetic oils; and any other kind of oil. The
workshop will cover the requirements for all types of SPCC facilities. This workshop will include an update on EPA's revisions to
certain regulatory requirements for facilities subject to the SPCC rule.
Amendments to the SPCC rule were finalized on January 14, 2010. The SPCC rule was amended to provide increased clarity, to tai-
lor requirements to particular industry sectors, and to streamline certain requirements for facility owners or operators subject to the
rule. Information regarding these amendments is available at this link: Oil Pollution Prevention; Spill Prevention. Control and Coun-
termeasure Rule Requirements .
This workshop is free of charge, but you must register to attend. The workshop will be held at the U.S. Environmental Protection
Agency Region 8 Conference Center, 1595 Wynkoop, Denver, Colorado. Visitor directions and parking information .
If you would like to register for either or both of the SPCC workshops, you may complete the online registration form or call 303-
312-6801 with your name, the name of your organization, your organization's address, and your daytime phone number. The work-
shop will begin at 9:00 am, but participants may sign in at the EPA Conference Center beginning at 8:00 a.m.
A PHOTO ID AND PRE-REGISTRATION ARE REQUIRED FOR ADMISSION These workshops will be limited to the first
50 registrants because of space limitations. We encourage workshop participants to review the online documents below prior to at-
tending a workshop and to bring them to the workshop
Documents Tier I Qualified Facility SPCC Plan Templates
2010 Cross-Reference Matrix for Production Facilities
2010 Cross-Reference Matrix for Non-Production Facilities
RMPeSubmit Webinair
In March 2009, EPA provided new Web-based software called RMP*eSubmit for facilities to use for online Risk Management Plan
(RMP) reporting.
RMP*eSubmit allows facilities to submit, correct, and access their RMPs online, 24 hours a day, 7 days a week. EPA asks that all
facilities use this new method to submit RMPs because it is easy to use and will improve data quality.
For those not familiar with RMP*eSubmit, EPA will hold a Webinar during which we will explain how to submit an RMP using the
new software. There will be time for questions and answers at the end of the Webinar.
Registration for EPA's RMP*eSubmit Webinar, scheduled for Wednesday, April 13th (1:00 PM to 2:30 PM Eastern Time), is now
OPEN. Registration is required for this free Webinar. We have limited lines available, so registration will be on a first come / first
serve basis.
Register online via http://www.eventbrite.com/event/1307917015. Once registered, you will receive a confirmation e-mail with in-
structions on how to sign into the Webinar. If you have questions concerning this Webinar, please e-mail Kristine Mikulka
(kristine mikulka(@,sra.coni).
.There is a unique Advanced CAMEO class opportunity. The states of Missouri, Oklahoma, and Kansas are sponsoring a 5-day, 40-
hour Advanced CAMEO class. This is a comprehensive CAMEO course designed for those who wish to become CAMEO Train-
ers, or who simply would like to have an in-depth CAMEO class to deepen their understanding of all the CAMEO Suite compo-
nents. The course will also present training on utilizing CAMEO with other software applications, such as Google Earth, Arc View,
EXCEL, WORD, WISER, and other computer programs.
Course dates are set for June 20-24, 2011. See the following link: CAMEO Course.
RISK MANAGEMENT PLAN (RMP) BRADLEY MILLER - 3O3-312-6483
MILLER.BRADLEY@EPA.GOV
Ammonia Leak at Ky. Meat Plant Spurs Evacuation: LOUISVILLE, Ky. (AP) An anhydrous ammonia leak at
a meat-packing plant forced 1,000 employees to evacuate and nearby residents to stay indoors for hours on Wednesday.
A faint ammonia odor was detectable a few blocks away from the JBS Swift plant east of downtown Louisville for more than an
hour after the leak. One worker, a 40-year-old man whose name was not released, was sent to the hospital after (Cont. Pg 5)
I Page 4 \
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I Planning, Prevention, and Preparedness Newsletter April 2011 \
Ammonia leak (Cont Fm Pg 4) complaining of burning eyes, nausea and vomiting, Louisville Fire Department Capt. Salvador
Melendez said. There were no other reported injuries, authorities said.
About 1,000 workers were evacuated at 11:30 a.m.
Sirens were set off about an hour after the accident in the plant's engine room to warn nearby residents when authorities determined
the situation was serious enough that they could be at risk. Those living within a mile of the site were told to stay indoors and to
avoid using air conditioning or heating. The leak was stopped about 21/2 hours later and an all clear was issued to area residents,
Melendez said.
Worker Shelia Jones, 42, said she had never seen an incident like this in her 19 years at the plant. She said she was working in the
rendering room near the scene of the leak when she smelled ammonia and began getting a headache. A plant safety inspector told her
and about seven co-workers to get out immediately. She said she was working in the rendering room near the scene of the leak when
she smelled ammonia and began getting a headache. A plant safety inspector told her and about seven co-workers to get out immedi-
ately. "Ooh, it's really strong. The ammonia would knock you down, take your breath away," Jones said. She said she was among the
first workers out and within five minutes, everyone else was running out the doors. She said the plant provides regular safety instruc-
tion. "Everybody knows, you smell ammonia, you call the supervisor, everyone gets out," Jones said.
Workers dressed in white lab-style coats and hard hats could be seen outside sitting on the lawn and milling around while officials
from the Fire Department and hazardous material teams conducted tests. Anhydrous ammonia - a vapor - is used for refrigeration at
the plant, can cause chemical burns on the skin or lung injury if inhaled.
The plant is in a section of Louisville known as Butchertown because of its historic role in the meat-packing industry. Officials with
the plant's parent company, Golden, Colo.-based JBS, didn't immediately respond to calls seeking details on the accident.
In a November 2007 audit, the Louisville's Metro Air Pollution Control District determined that the plant's policies and risk manage-
ment plans for such incidents were insufficient. "It's still way too early to tell if procedures were followed properly," Matt Stull,
APCD's spokesperson, said.
The accident was the second major incident involving a Louisville plant this week. Two workers were killed in an explosion Monday
at the Carbide Industries plant, which makes calcium carbide used in metalworking and is located in a petrochemical complex
dubbed Rubbertown. A contained fire continued to burn there Wednesday. Confusion after that incident over which agency is to alert
the public about hazards from an industrial accident spurred the city to revamp its notification procedures.
EPA is announcing the release of "Guidance for Conducting Risk Management Program Inspections under Clean Air Act Section
112(r)" (EPA 550-K-l 1-001, January 2011). This document updates and supersedes the "Guidance for Auditing Risk Management
Plans/Programs under Clean Air Act Section 112(r)" of August 1999. The new document includes updated EPA policy on involve-
ment of facility employees and employee representatives in EPA and delegated state agency on-site compliance inspections as pro-
vided for in Clean Air Act section 112(r)(6)(L). Additionally, the guidance reflects the Agency's focus on inspections as a means of
facility oversight, and provides additional information on CAA Section 112(r) inspection procedures. The guidance preserves Risk
Management Program audits as a facility oversight option. However, audits should supplement implementing agency inspection
programs and not be done in lieu of inspections. EPA requests that state and local agencies that have accepted delegation of the
CAA section 112(r) program adopt procedures similar to those contained in this guidance in their 40 CFR Part 68 inspection pro-
grams. EPA's interim policy on involvement of employees and employee representatives in CAA Section 112(r) on-site compliance
evaluations established in the Agency's April 2, 2010 memo is hereby superseded.
The new guidance document, which is effective immediately, is available at http://www.epa.aov/emeraencies/quidance.htmtfrmp
Pipeline and Hazardous Materials Safety Administration (PHMSA)
The Office of Pipeline Safety is the Federal safety authority for the nation's 2.3 million miles of natural gas and hazardous liquid pipelines. Here
www.phmsa.dot.gov/about/agency. you can find information regarding pipeline regulations, proposed and final rulemakings, pipeline statistics,
Common Ground Alliance and One Call programs, request procedures under Freedom of Information Act guidelines, reports on major pipeline
accidents/incidents and corrective action orders, pipeline mapping systems information, training and publications, |
and online library of Pipeline Safety forms and public information files.
Materials Incident Statistic Reports now have an enhanced search capability when querying incident
data. Users can "drill down" to specific computer generated incident reports representative of the DOT
F5800.1 form based on criteria they submit.
To use or explore this new capability go to: Pipeline incident database and reporting.
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Planning, Prevention, and Preparedness Newsletter
April 2011
?encies,
Preparedness Unit Mission Statement:
We will increase EPA Region 8 preparedness through:
Planning, Training, Exercising, and developing outreach relations with federal age
states, tnbes, local organizations and the regulated community.
Assisting in the development of EPA Region 8 preparedness planning and response capa-
bilities through the RSC, IMT, RRT, OP A, RMP, etc.
Working with facilities to reduce accidents and spills through education, inspections and
enforcement. To contact a member of our team:
(Click here for Org Chart)
Acronym List
IMT Incident Management Team
OPA Oil Pollution Act
RRT Regional Response Team
RSC Response Support Corps
SPCC Spill Prevention, Control, and Countermeasures
Report oil or
chemical spills al
BQG-424-88Q2
Mora
1 (800) 424-8802
National
Response
Center
RISK MANAGEMENT PROGRAM (RMP)
BRADLEYMILLERCOORDINATOR 3O3-3l'2-6483 /MILLER.BRADLEY@EPA.GOY
Need More info on the Risk Management Program (RMP)?
http://www.epa.gov/emergencies/rmp will be updated as new information becomes available. EPA
maintains numerous listservs to keep the public, state and local officials, and industry up to date,
including several that pertain to emergency management. You can sign up for our listserve to re-
ceive periodic updates: https://lists.epa.gov/read/all forums/subscribe?name=callcenter oswer
RMP Reporting Center
The Reporting Center can answer questions about software or installation problems. The RMP Reporting Center is available from
8:00 a.m. to 4:30 p.m., Monday through Friday, for questions on the Risk Management Plan program: (703) 227-7650 (phone)
RMPRCtgiepacdx. net (e-mail)
Chemical Emergency Preparedness & Prevention Office (CEPPO) http://www.epa. gov/emergencies/index.htm
Compliance and Enforcement: http://www.epa.gov/compliance/index.html
Compliance Assistance: http://www.epa.gov/compliance/assistance/index.html
Call our hotline, the Superfund, TRI, EPCRA, RMP, and Oil Information Center (800) 424-9346 or (703) 412-9810 TDD (800)
553-7672 or (703) 412-3323 Mon-Thurs 10:00 am to 3:00 pmET (except Federal Holidays) or see
www. epa. go v/superfund/contacts/infocenter/index.htm.
You can also call or write to:
U.S. EPA Region 8
1595 Wynkoop Street (8EPR-ER)
Denver, CO 80202-1129
800-227-8917
CO, MT, ND, SD, UT, and WY
To report an oil or chemical spill, call the National Response Center at (800) 424-8802.
This newsletter provides information on the EPA Risk Management Program, EPCRA, SPCC/FRP (Facility Response Plan) and
other issues relating to Accidental Release Prevention Requirements. The information should be used as a reference tool, not as
a definitive source of compliance information. Compliance regulations are published in 40 CFR Part 68 for CAA section 112(r) \
Risk Management Program, 40 CFR Part 355/3 70 for EPCRA, and 40 CFR Part 112.2 for SPCC/FRP.
Page 6
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