Region 8
Emergency Preparedness Newsletter
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Volume IX No. 2 April 2019 Quarterly Newsletter
Welcome to the EPA Region 8 Preparedness Newsletter.
Feel free to page through the entire newsletter or click on the links to
the stories you want to read first.
EPA Response
State Painting LLC
West Valley City, Utah
Accidental Release Report
National Response Center
Region 8 Data
LEPC Best Practices
Roberts County,
IIj «c\i. l:.'.!TP.i".r\rv Pianmnv. Oimirnri
rw LEPC
South Dakota
?
FAQs
EPCRA Regulations
Frequently Asked Questions
AWIA
America's Water Infrastructure
Act Guidance for SERCs/TERCs
Meetings and Training
NASTTPO, RMP eSubmit,
RRT, SPCC Workshop
High Hazard
Flammable Trains
PHMSA Final Rule
EPA Region 8
Resources and
Contacts

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Page 1
State Painting—EPA OSC Response
Air Monitor
State Painting is an inoperative industrial painting company, based in West Valley City,
Utah, that had a contract to scour municipal water tanks using a blast media. As part of
this work, the spent blast media was transported to a mixed residential/agricultural
property and spread across the property. This material was being blown into nearby
residential properties and potentially being washed into an adjacent wetland. There
were also several hundred abandoned drums and other containers holding hazardous
substances on the property.
EPA then worked with the property owner to
remove or relocate vehicles, equipment and other materials found in the areas to
be excavated. The EPA team excavated and removed the material nearest to a
daycare facility and began similar work in the back of the property. Water and
fencing was used to suppress the dust generated during this excavation. Real-time
dust monitors were deployed to ensure the effectiveness of the dust suppression.
After removing spent blast material, EPA performed confirmation samples to
verify the remaining soil was not
contaminated.
Throughout this cleanup, EPA performed
continuous air monitoring while removing
spent blast media to ensure protection of the public and workers at
the site.
The EPA team restored the property by building retaining walls, re-
sloping areas for drainage, re-installing fences, adding erosion control
measures, and seeding areas disturbed by the excavation.
The State of Utah Department of Environmental
Quality (UDEQ) collected samples and performed
several site inspections. The UDEQ sample results indicated that the
spent blast material contained total chromium as well as hexavalent
chromium. The state was unable to
facilitate remediation of the
property and contacted EPA's
Emergency Response Program for
assistance.
In May of 2018, EPA dispatched an On-Scene Coordinator (OSC) to the
site and initiated response activities EPA also deployed a field crew to
identify the nature and extent of hazardous substances on the property
and determined the necessary logistics and resources for the response.
For more information, the OSC contact is Martin McComb at mccomb.martin@epa.gov.
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Page 2
Spill Reporting for Region 8 2006-2018
The National Response Center (NRC) is the sole national point of contact for reporting all oil, chemical,
radiological, and biological discharges into the environment. In addition to gathering and distributing spill data
and serving as the communications and operations center for the National Response Team (NRT), the NRC
makes notifications regarding incidents meeting established trigger criteria. Region 8 has recently gathered
the information from reportable spills within the region dating from 2006-2018 into a graphical report. Below
are a few graphics from the consolidated data for the region. The full report is available here.
2000
1800
1600
1400
1200
1000
800
600
400
200
0
2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018
NRC Incidents by State
2006-2018
1808
Total Incidents Reported
Region 3 2006-2013
728
543
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Page 3
Spill Reporting for Region 8 (Continued)
5000
4500
4553
4000
3500
3000
NRC Incidents by Source
Region 8 2006-2018
2500
2000
1500
1000
500
944 974
563
55
70 157 99
659
¦ II

/ J / /
$
^ $ # 0?	.# Sf

/ ¥ >
* * 1 /
•s
£
J? *9
Z
NRC Incidents by Material Type
Region 8 2006-2018
HazMat
29%
Other
35%
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Page 4
Spill Reporting for Region 8 (Continued)
NRC Incident Causes
Region 8 2006-2018
Derailment
Unknown
20%
5%
Operator
Error 9%
Equipment
Failure
Other
24%
31%
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Page 5
Roberts County LEPC
We spoke with Jim Pearson, Director of Emergency Management, concerning key elements of the Roberts
County LEPC.
Roberts County is in the very northeast corner of
South Dakota. It borders Minnesota on the east
and North Dakota on the north. Roberts is
primarily a rural county with a population of just
over 10,000 residents. The terrain consists of
roiling hills largely devoted to agriculture. The
county encompasses the Traverse Gap' which is
an old river valley that crosses the Northern
Continental Divide resulting in some flood waters actually crossing between
the northern and southern drainage basins.
Valley View Vineyard, Sisseston, SD
Jim Pearson, Director
The Roberts County LEPC meets quarterly and is comprised of law enforcement and fire fighters, rescue
squad personnel, emergency management, highway department members, a national weather service
representative and the Sisseton Courier newspaper. A few
private citizens and a facility round out the roster. The meetings
are held at different locations throughout the county so
arranging the meeting details involves a cooperative effort
between the president, vice president and emergency
management.
An important role for the LEPC is making sure the Tier II
reports are submitted on time (and accurately) and ensuring
the local fire departments have the reports needed during a
response. Another key role for the LEPC is communications
for responding agencies as well as for first responders with Memorandums of Understanding (MOUs) for
Roberts County. The biggest challenge the LEPC faces is funding; they have only a small budget for
meetings and training.
A major interstate (I - 29) runs north and south through the county which has its share of hazmat responses
Many of the LEPC meeting discussions revolve around response times, effective communications and haz-
mat containment. Additional topics discussed at the meetings consist of effective radio communications, as
well as updating mutual aid agreements and MOUs among responding fire and rescue departments. In the
future, Pearson hopes to add more full scale exercises to keep LEPC members engaged and active in the
LEPC.
Each year, LEPC members participate in the
"National Night Out", an outdoor event hosted by
first responders and emergency management.
The setting fosters questions posed by
community members, encouraging the public to
interact with law enforcement under non-
threatening circumstances. This gives county
residents some awareness of the LEPC and
helps in recruiting the private sector to the
LEPC.
Pearson says, "We have a diverse and dedicated group of subject matter experts within the LEPC that
makes for an enjoyable learning experience. We share something new at almost every meeting." Due to
some of the difficult and tragic situations the LEPC members have faced, they have become a closely knit
organization.	!
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Page 6
PHMSA High Hazard Trains Rule
Oil Spill Response Plans and Information Sharing
for Hiah-Hazard Flammable Trains
On February 28, 2019, the U.S. Department of Transportation's Pipeline and Hazardous Materials
Safety Administration (PHMSA), in coordination with the Federal Railroad Administration (FRA),
published a final rule on high-hazard trains. This rule requires railroads to develop and submit
Comprehensive Oil Spill Response Plans (COSRPs) for route segments traveled by High Hazard
Flammable Trains (HHFTs). The Plan must be consistent with the National Contingency Plan
(NCP) and the corresponding Area Contingency Plan. PHMSA may consult with the EPA or
appropriate On-Scene Coordinator to ensure the COSRP meets the requirements of the NCP 40
CFR part 300.
The rule applies to HHFTs that are transporting petroleum oil in a block of 20 or more loaded tank
cars and trains that have a total of 35 loaded petroleum oil tank cars.
This final rule includes a section (§ 174.312) which requires rail carriers that operate HHFTs to
provide notifications to each applicable SERC, TERC, or appropriate delegated agency (for further
distribution to appropriate local authorities) upon request. The information required to be
submitted includes:
o A reasonable estimate of the number of HHFTs that the railroad expects to operate
each week, through each county, within the State, or through each tribal jurisdiction;
o The routes over which the HHFTs will operate;
o A description of the hazardous material being transported, and all applicable emergency
response information required by subparts C and G of 49 CFR part 172;
o At least one point of contact at the railroad (including name, title, phone number, and
address) with knowledge of the railroad's transportation of affected trains; and
o If a route is subject to the COSRPs, the notification must include a description of the
response zones (including counties and States) and contact information for the
Qualified Individual and alternate.
o Railroads may provide the required notifications electronically, or in hard copy, and
must update the notifications for changes in volume greater than 25%.
o The HHFT notification requirement ensures that SERCs, TERCs, or other appropriate
State agencies will routinely receive and share non-sensitive information from rail
carriers, regarding the movement of HHFTs in their jurisdictions, that can aid local
emergency responders and law enforcement in emergency preparedness and
community awareness.
For more information: see the PHMSA Newsroom press release dated February 14th,
2019 and to read the final rule, see Hazardous Materials: Oil Spill Response Plans and
Information Sharing for Hiah-Hazard Flammable Trains fFAST Actl
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Page 7

EPCRA FAQs
Applicability of EPCRA §§302 and 304 to EHSs produced on-site
If an extremely hazardous substance (EHS) is not stored on-site but is produced in a process
such as incineration, is it exempt from both threshold planning quantity calculation and release
reporting if the release is covered by a Clean Air Act permit?
If the hazardous substance is produced on-site in a process such as incineration, it is
considered present at the facility and subject to Section 302 reporting requirements provided,
of course, that the amount on site exceeds the threshold planning quantity at any one
time. However, if the release is federally permitted under Section 101(10) of CERCLA, which
includes permitted emissions into the air under the Clean Air Act, then the release need not be
reported under Section 304.
Are on-site contractors responsible for EHSs brought on-site?
For Section 302 purposes, if a contractor brings an extremely hazardous substance (EHS) on-
site to a facility over the threshold planning quantity, is the owner/operator of the facility or the
contractor required to make the notification to the LEPC?
- or -
For Section 304 purposes, if a contractor bursts a tank at a facility and causes a release of
reportable quantity (RQ) of an EHS, should the contractor or the owner/operator of the facility
notify the community emergency coordinator?
For both Sections 302 and 304, a contractor could be considered an operator of the facility or
of a portion of the facility depending on if he/she has enough authority. The definition of
operator is not defined by statue or in the regulations. If the contractor is considered an
"operator," he or she could be held liable for not making the required notifications under
Sections 302 or 304. If no notification is made under sections 302 and 304, owner and
operator will be held liable.
LEPC request of notification for exempt chemicals
Under Section 312, if a local emergency planning committee (LEPC) requests a Tier II from a
facility owner/operator for a substance which is exempt (either under EPCRA, Section 311(e),
or the OSHA Hazardous Communication Standard, 29 CFR 1910.1200(b)), are they required
to comply with the request? If the LEPC requests Tier II information for the substance using
their authority under Section 303(d)(3) would the facility owner/operator be required to submit
the requested information?
Under Section 312, since the substance is exempt, the facility would not need to include
information on the substance in their Tier l/lI report. Therefore, if the LEPC requests Tier II
information from the facility under Section 312(e) on the exempted substance, the facility is not
required to comply with the request.
However, if the facility is subject to emergency planning under Section 302 of EPCRA, then
the LEPC would have the authority (Section 303(d)(3)) to request any information necessary
for developing and implementing the emergency plan. Such information may include Tier II
information if the information is necessary for Section 303 planning purposes.
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Page 8
America's Water Infrastructure Act of 2018
(AWIA)
On October 23, 2018, America's Water Infrastructure Act (AWIA) was signed into law. The
law requires community (drinking) water systems serving more than 3,300 people to develop or
update risk assessments and emergency response plans (ERPs). The law includes components
that the risk assessments and ERPs must address, and establishes deadlines by which water
systems must certify to EPA completion of the risk assessment and ERP.
EPA's Water Security Division is currently working to develop the tools, resources and
procedures that water systems need to comply with Section 1433 of the AWIA. This site will be
updated with new information as that work progresses.
For more information concerning America's Water Infrastructure Act, please visit
https://www.congress.gov/bill/115th-congress/senate-bill/3021/text. For the Federal Register,
link here.
Amendments to Emergency Planning and Community Right to Know (EPCRA)
Under Section 304:
State Emergency Response Commissions (SERCs) and Tribal Emergency Response Commissions
(TERCs) must notify (state) drinking water primacy agencies of any reportable releases and
provide the initial release notification information and the follow up written report. Then, the
drinking water primacy agency must "promptly" forward all that information to any
community water systems whose source water is affected by the release. There is no
clarification for the definition of promptly.
If there is no drinking water primacy agency, the SERC/TERC must directly notify the
potentially affected community water systems and provide both the initial notification and
written follow up report.
Under Section 311/312
SERCs/TERCs/LEPCs/TEPCs must provide Tier II information to community water systems for
locations within their source water protection area upon request.
More information for SERCs, TERCs and LEPCs and the AWIA EPCRA Fact Sheet is available at the
EPCRA EPA website-
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Page 9
NASTTPO Annual Meeting
Registration is open for the annual National Association of Sara Title III Program Officials (NASTTPO)
meeting to be held May 6-9th in Reno, Nevada.
The agenda will include discussions from federal partners on new regulatory and policy initiatives as
well as discussions of private sector, national and international initiatives on preparedness planning
including techniques for measuring success. For more information and registration, go to the
NASTTPO website (www.nasttpo.com).
Regional Response Team VIII Spring Meeting
The Regional Response Team VIII (RRT VIII) meeting will be held April 24th and 25th at the US Forest
Service Region 2 Office (1617 Cole Blvd., Golden, CO 80401). This meeting will be focused on the roles
and responsibilities of the RRT. The RRT is a multi-agency coordination group concerned with
preparedness and response to oil and hazardous materials spills on land in Montana, North Dakota,
South Dakota, Wyoming, Utah and Colorado. More information is available at the RRT VIII website.
Final RMP eSubmit Software Webinar
EPA is offering a webinar that will cover the basics of updating, certifying, and submitting Risk
Management Plans (RMPs) through the RMP*eSubmit Software. The webinar will be held April 30, 2019
from 2:00 PM - 3:30 PM EDT. Registration information can be found at this RMP EPA page .
Toxic Release Information (TRI) Reports
EPA published the national report based on 2017 TRI data (the most recent data available). The press
release can be found here.
Here are some helpful links for further analysis:
•	https://www.epa.gov/trinationalanalvsis
•	https://www.epa.gov/trinationalanalvsis/where-vou-live
•	https://www.epa.gov/toxics-release-inventorv-tri-program/tri-researchers.
SPCC Workshop
EPA Region 8 is hosting two one-day (production and non-production) Spill Prevention & Control
Countermeasures (SPCC) workshops. The SPCC production workshop will be held on May 22nd and the
SPCC non-production will be May 23rd. Register for the workshop that coincides with your type of
facility. Classroom space is limited and is on a first come, first served basis.
Reserve your spot for a Production Facility or a Non-production Facility. If you have any questions
about the workshop, please contact Donna Inman at 303-312-6201 or lnman.DonnK(5)epa.gov or
Randy Brown at 303-312-6048 or brown03.randv(a)epa.gov.
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EPA Region 8 Preparedness Unit
Page 10
OUR
MISSION
We will increase EPA Region 8 preparedness through:
•	Planning, training, and developing outreach relations with federal agencies, states, tribes,
local organizations, and the regulated community.
•	Assisting in the development of EPA Region 8 preparedness planning and response
capabilities through the RSC, IMT, RRT, OPA, and RMP.
•	Working with facilities to reduce accidents and spills through education, inspections, and enforcement.
To contact a member of our Region 8 EPA Preparedness Unit team, review our programs or
view our organization chart, click this link.
Region 8 SERC Contact Information
Colorado
Mr. Greg Stasinos, Co-Chair
Phone: 303-692-3023
greg.stasinos@state.co.us
Mr. Mike Willis, Co-Chair
Phone:720-852-6694
mike.willis@state.co.us
North Dakota
Mr. Cody Schulz, Chair
Phone: 701-328-8100
nddes@nd.gov
Montana
Ms. Delila Bruno, Co-Chair
Phone: 406-324-4777
dbruno@mt.gov
Mr. Bob Habeck, Co-Chair
Phone: 406-444-7305
Email: bhabeck@mt.gov
South Dakota
Mr. Bob McGrath, Chair
Phone: 800-433-2288
Trish.Kindt@state.sd.us
Utah
Mr. Alan Matheson, Co-Chair
Phone: 801-536-4400
amatheson@utah.gov
Mr. Keith Squires, Co-Chair
Phone: 801-965-4461
ksquires@utah.gov
Wyoming
Ms. Aimee Binning
Phone: 307 721-1815
ABinning@co.albany.wy.us
RMP Hotline: (303) 312-6345
RMP Reporting Center: The Reporting Center can answer questions about software or installation prob-
lems. The RMP Reporting Center is available from 8:00 a.m. to 5:30 p.m., Monday - Friday:(703) 227-7650
or email RMPRC@epacdx.net.
RMP: https://www.epa.gov/rmp EPCRA: https://www.epa.gov/epcra
Emergency Response: https://www.epa.gov/emergencv-response
SPCC/FRP: https://www.epa.gov/oil-spills-prevention-and-preparedness-regulations
Lists of Lists
Questions? Call the Superfund, TRI, EPCRA, RMP, and Oil Information Center at (800) 424-9346
(Monday-Thursday).
To report an oil or chemical spill, call the National Response Center
at (800) 424-8802.
U.S. EPA Region 8
1595 Wynkoop Street (8EPR-ER)
Denver, CO 80202-1129
800-227-8917
1 (800) 424-8802
Nation8l
! Response
Center
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 355/370for EPCRA, ami 40 CFR
Part 112.2 for SPCC/FRP.
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