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Volume II No. 4 Quarterly Newsletter 2012
Need Support for Exercises?
FREE EXPERTISE
Do you need to conduct a tabletop or field training exercise during the
next year?
•	State Emergency Response Commission
•	Local Emergency Planning Committee
•	Tribal Emergency Response Commission
•	Industry
For your next emergency or spill training event...
EPA can help plan, design, conduct,
and evaluate your exercise so you
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Page 2
Something to Consider?
As a reminder to something you already know, chemical companies may escape
oversight under federal EPA or OSHA regulations and/or state and local Right-to-
Know and disaster prevention regulations, by making use of railcars for on-site
storage instead of using their own on-site fixed chemical storage containers. When
railcars are hooked up to chemical plant processes for direct use, their "unloading
and loading" is considered by some companies to be still part of "transportation",
and thus regulated by U.S. DOT regulations (49 CFR) (these preempt the usually
more stringent requirements of local, state and federal regulations on fixed
facilities).
Training & Exercises
There is a regulatory loophole, into which hazmat railcars can be driven: a chemical
company can lease a siding (stretch of track) from a railroad and leave hazmat rail-
cars there indefinitely, even loading and unloading from them. These arrangements
are called "leased sidings", or "storage in transit" or "storage incidental to
transportation." Chemical companies
can lease some track from railroads
and call the resulting railcar storage
"storage in transit." This type of
storage can occur anywhere -
including downtown rail yards.
Unless there is a citizen complaint
from having seen rail tank cars
parked for months, these tank cars
are usually not considered in the
preparedness process. Nevertheless,
it is something to keep in mind when
assessing
vulnerabilities.
Region 8 Training and Exercises
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).
We are always looking to assist and participate in exercises with regard to our responsibilities - chemical,
biological, radiological, nuclear or explosive (CBRNE) events as well as other hazardous materials
incidents.
Please contact Luke Chavez (chavez.luke@epa.gov, 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. 2012 Planning and
Exercise Schedule
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Page 3
Colorado ethanol plant to pay $5,850 penalty for Risk Management Program
violations
designed to prevent accidental releases
Yuma Ethanol, LLC has agreed to pay a $5,850 civil
penalty and correct violations relating to the storage
and use of toxic and flammable substances at its
ethanol plant in Yuma, Colorado. An EPA inspection
of the plant in October 2011 found the company
had violated Risk Management Program regulations
under the Clean Air Act. By agreeing to the
settlement announced today, the company has
certified that the facility is now in compliance with
these regulations. "These requirements ensure that
facilities have up-to-date procedures in place to
prevent and respond to releases of toxic chemicals used on-site," said Mike Gaydosh,
EPA's Enforcement Director in Denver. "Failure to comply with these requirements can
leave the public and environment at risk from accidental releases."
Under the Clean Air Act, the Yuma Ethanol facility was required to maintain a risk
management plan because it exceeded the 10,000-pound storage threshold for
anhydrous ammonia, an extremely hazardous chemical, and natural gasoline, a
flammable substance used to denature ethanol, Yuma Ethanol was storing
approximately 97,000 pounds of anhydrous ammonia at the time of the EPA inspection.
This enforcement action will benefit the community, which includes minority and
low-income areas. Minority populations comprise nearly half of the residents within a
five-mile radius of the facility and 45 percent are below poverty level. Approximately 35
percent of the area's population is Hispanic.
EPA enforces the Risk Management Program regulations of the Clean Air Act with the
goal of preventing accidental chemical releases and minimizing the impact of releases
or other accidents that may occur. The establishment of effective risk management
plans helps companies, industries and municipalities operate responsibly, assists
emergency responders by providing vital information necessary to address accidents
and other incidents, protects the environment by preventing and minimizing damage
from accidental releases, and keeps communities safer.
For more information on the Clean Air Act and risk management requirements:
h ttp://www.ep a .aov/oem/conten t/ rmp/
Clean Air Act requirements
of toxic chemicals
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Page 4
Kinder Morgan to pay penalty and improve accident prevention and prepared-
ness at natural gas plants in Casper and Douglas, Wyoming
Natural gas processor will pay $316K penalty, improve risk man-
agement and maintenance
(September 20, 2012) The U.S.
Environmental Protection Agency
today announced two Clean Air Act
settlements with Kinder Morgan
Upstream LLC in which the
company has agreed to pay a total
of $316,000 in penalties for
violating Risk Management Plan
provisions at natural gas plants in
Casper and Douglas, Wyoming. In
addition, the company has agreed
to establish new operating proce-
dures, improve equipment
maintenance, and perform
integrity tests on pressure vessels to reduce the possibility of an accidental release of
hazardous chemicals at both facilities.
"Companies that use chemicals and substances which pose a potential danger are
responsible for having a robust risk management program in place," said Mike
Gaydosh, director of EPA's enforcement program in Denver. "Failure to do so places the
environment, employees, and nearby communities at risk."
Under the Clean Air Act, facilities that contain hazardous and flammable substances
above specified thresholds must develop and submit a risk management plan to assist
with emergency preparedness, chemical release prevention, and minimization of re-
leases that occur. EPA inspectors found that the Kinder Morgan facilities had not
adequately implemented those regulations.
For more information on the Clean Air Act and risk management requirements:
http://www.epa.aQv/oem/cQnten t/rm p/
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Page 5
EPA Releases Toxic Release Inventory fTRI Preliminary) Dataset for Reporting
Year 2011
The following is an update from EPA's Superfund, TRI, EPCRA, RMP & Oil
Information Center:
EPA released the Reporting Year 2011 (RY11) TRI preliminary dataset that contains the
most current TRI data available and reflects toxic chemical releases and pollution
prevention activities that occurred at TRI facilities during the 2011 calendar year.
Users of the RY11 TRI preliminary dataset should be aware that some of the RY11 TRI
data that have already been submitted to EPA may change if data quality errors are
detected and specific facilities submit revised RY11 TRI reports. In addition, EPA will
update the dataset periodically to reflect the processing of additional TRI facility
submissions.
The TRI preliminary dataset is accessible through downloadable data files, as well as
through tools such as Envirofacts and TRI Explorer. The downloadable data files are
provided in three groups: basic data files, basic plus data files, and dioxin and
dioxin-like compounds. Basic data files provide access to facility information and
release quantities at a particular facility. Basic plus data files offer more exhaustive
categorical breakdowns of both on-site and off-site waste management and release
activities. Dioxin and dioxin-like compounds information is available through toxic
equivalent (TEQ) files. TEQs allow the public to understand the toxicity of releases and
waste management activities at facilities that report to the TRI Program.
EPA has developed questions and answers that provide more detailed information about
the TRI preliminary dataset. The Agency encourages data users to read the questions
and answers to understand the limitations of using and analyzing the data before the
dataset is complete. The preliminary dataset, questions and answers about the
dataset, and additional information are available at the following URL:
www.epa.gov/tri/tridata/preliminarydataset
For questions regarding the 2011 TRI preliminary dataset, please contact the
Superfund, TRI, EPCRA, RMP & Oil Information Center at:
(800) 424-9346 - Toll Free
(800) 553-7672 - Toll Free TDD
To speak with an Information Specialist, please call between 10:00 AM and
5:00 PM (eastern time), Monday through Friday.
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Page 6
Emergency Response
Environmental Cleanup of the Whitefish Coming to a Close
With the close of calendar year 2012, the end also nears for five years of environmental
cleanup in the small town of Whitefish in northwest Montana. Sometime next summer
the Whitefish River, stretching for more than a mile through town, will once again be
free of a characteristic oil sheen that propagated whenever river sediments were
disturbed. By early next spring, or possibly late this fall, the Whitefish River will be
unrestricted for boating, swimming and other recreational-related activities including a
popular mountain bike path that was closed during the river cleanup.
EPA's On-Scene Coordinator (OSC), David Romero, noted that dredging operations to
remove contaminated sediments from the river bottom were completed in late
September and, if weather permits, he hopes that the river bed will be backfilled with
1-inch river rock by December. Should weather shut down operations or other delays
occur, work will then be targeted to finish in 2013 when spring high water levels
recede.
EPA estimates that BNSF, during the length of the project, will have removed more
than 400 rail cars or approximately 25,000 cubic yards of impacted sediments and
debris from the Whitefish. All of the railroad's work was without major incident, and
BNSF made accommodations for City events such as the Glacier Challenge, the Duck
Race and other events as well.
When asked about the importance of the work to the community, Mayor John Muhlfield
commented that the BNSF cleanup was "extremely valuable" and added that the river is
an essential part of Whitefish. "The end of this project will free up resources to even
more
integrate the river with our community," the Mayor said.
Oil producing sheen in and along the river was the result of historic discharges up until
and including the 1960s (primarily diesel and heavy bunker oils) that discharged into
the river from the Burlington Northern Santa Fe (BNSF) fueling and repair facility
located on the north edge of downtown.
Railroads have long been central to Whitefish. The Great Northern Railroad laid their
first tracks there in 1891 and a rail yard was constructed in 1903, two years before the
town was officially incorporated. At the turn of the century, BNSF constructed a
78-acre locomotive fueling and repair facility at the Whitefish rail yard and performed
maintenance and repairs at these shops until 1958, at which time major repair
activities were transferred to other BNSF facilities. The roundhouse shops were
removed in 1981, and only minor maintenance is presently performed at the rail yard.
Burlington Northern built a French-drain type system to collect seepage from the rail
yard in 1973 and began recovering free petroleum product from shallow groundwater
via an interception trench located southeast of their roundhouse, in between
wastewater lagoons and the Whitefish River. Years of investigations followed by BNSF,
EPA, the Montana Department of Environmental Quality and the city of Whitefish.
Studies revealed free product trapped in the sediments of the Whitefish River channel
bed. (continued on next page)
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Page 7
Emergency Response (Cont.)
Sediment samples near the facility contained high levels
of petroleum hydrocarbons that decreased with
distance downstream from the BNSF facility, though
impacts to the Lower Reach were still frequent and
noticeable.
In 2007, a complaint of oil in the River from a
Whitefish resident initiated EPA's involvement and,
an EPA Regional OSC was dispatched to the scene.
EPA's investigation discovered petroleum free prod-
uct in river sediments near the rail facility and
downstream in late 2007 and 2008. In the summer
of 2009, the Agency issued an administrative order
under the authority of the Clean Water Act (CWA
311(c)) as amended by the Oil Pollution Act (OPA)
which required BNSF to clean up visible sheen
contamination in the Whitefish River. Removal of
contaminated sediment from the river began in late
fall 2009 and is ongoing. EPA's oversight presence
was funded by the US Coast Guard, who also
actively participated and assisted with oversight
during the first year.
The project was divided into four deliverables: the Upper Reach, Lower Reach, Trench
Recovery System (to ensure BNSF's French- drain was functioning as intended) and
on-site identification of potential subterranean discharges into the river. The Upper
Reach of the Whitefish, above the 2nd Street Bridge, lasted from September 2009 to
January 2011 and focused on the removal of petroleum-containing sediments adjacent
to the BNSF facility. Methods employed involved the use of Coffer and Porter Dams and
bypass piping. Here BNSF drained sections of the river to remove petroleum-containing
sediments and in some areas dug 6 to 8-feet in depth to remove petroleum impacted
sediments.
The final phase (Lower Reach) of the removal began in late July 2011 and continues to
present. The removal technique employed for this final phase of the project differed
from the one used in the Upper Reach. In the final phase, BNSF used a floating
hydraulic dredge that vacuumed the sediment from the river bottom without draining
sections of the river. BNSF selected this technique to be less impactful and to minimize
disturbance to the riverbank as the work moved into the Lower Reach of the Whitefish
toward more populated areas along the river.
Weekly updates are provided on the
http://epaosc.org/site/site profile.aspx?site id = 5479 website, along with dredge map
updates monitoring cleanup progress.
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Page 8
X
Preparedness Unit Mission Statement:
We will increase EPA Region 8 preparedness through:
•	Planning, Training, Exercising, 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 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 view our programs, or 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 Countenneasures
Report oil or
chemical spills ai
8QEM24-8802
Mors
1 (800) 424-8802
National
Response
Center
www.nrc.uscg. m
Risk Management Program (RMP)
Bradley Miller-Coordinator303-312-6483Smiller.bradley@epa.goy
Need More info on the Risk Management Program (RMP)?
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) RMPRC@epacdx.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 pin ET (except Federal Holidays) or see
www.epa.gov/superfimd/contacts/mfocenter/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 ref erence 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, and 40 CFR Part 112.2 for SPCC/FRP.
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