U.S. EPA
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^REGION VIII PREPAREDNESS
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PR0^°
Volume III No. 2 Quarterly Newsletter 2013
Approaching Spill Prevention, Control and Countermeasure (SPCC)
Compliance Deadline for Farmers is May 10, 2013
It doesn't take a lot of oil to do significant
damage to the environment. In fact, as
little as one gallon of oil can contaminate
one million gallons of water and create
costly clean-ups. Is your farm prepared to
prevent and control spills?
Contents:
Training & Exercises:
Pg2,3
State Enforcement
Performance Info.:
Pg3
TRI National Analysis:
Pg 4
May 10, 2013 is the newly amended compliance
date by which farms must prepare or amend
and implement their SPCC plan. If your farm was in operation before August 16,
2002 and you do not already have a Plan, you must prepare and implement a plan
as soon as possible.
Use of Chemicals in
the U.S.: Pg 5
Tribal Land Updates:
Pg7
Enforcement High-
lights: Pg 8
SPCC applies to an owner/operator which:
Stores, transfers, uses, or consumes oil or oil products, such as diesel fuel, gasoline, lube oil,
hydraulic oil, adjuvant oil, crop oil, vegetable oil, or animal fat; and
Stores an aggregate of more than 1,320 US gallons in aboveground containers or an
aggregate of more than 42,000 US gallons in completely buried containers; and
Could reasonably be expected to discharge oil to waters of the US or adjoining shorelines,
such as interstate waters, intrastate lakes, rivers, and streams.
You may qualify for self-certification if the total aboveground oil storage capacity is
10,000 gallons or less. There are two types of qualified facilities, Tier I and Tier II. For more
information on whether your farm qualifies for the self-certification and additional information to as-
sist you through the SPCC development process, please visit our website.
SPCC plans are an effective way to minimize the likelihood of a spill and to ensure
that any spills that do occur are contained before they can damage water
resources. If you have any questions, please contact Melissa Payan with the U.S.
Environmental Protection Agency (EPA) Region 8's Oil Program
at 800-227-8917 extension 6511.
For more information about the SPCC program, please visit the following websites:
Fact sheet for farmers: http://www.epa.gov/emergencies/docs/oil/spcc/
spccfarms.pdf
SPCC for Agriculture: http://www.epa.gov/emergencies/content/spcc/spcc_ag.htm
Partner Corner
Want more
localized info?
Check out these
sites:
• Montana
• Wyoming
• North Dakota
• South Dakota
• Utah
• Colorado
• Denver
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Page 2
EPA assistance to the Agriculture Community in South Dakota
"EPA is committed to working with the agricultural community to find efficient and practical
solutions to environmental challenges," said Rebecca Perrin, EPA's agriculture advisor in
Denver. "Every farm or livestock operation is required to determine if they need an SPCC
plan in place to reduce the risks, and costs, associated with potential oil spills. EPA is
offering assistance to make sure that those who do need a plan are taking appropriate steps
to meet these requirements. We encourage producers to call us directly with any
questions."
These statements summarize the intent of EPA Region 8's informational swing through South
Dakota. During the last week of February at the request of Lowell Mesman of the South
Dakota Farmers Union, Ms. Perrin and Jim Peterson conducted eight information and
'Question and Answer' sessions across South Dakota. In addition to the 200 farmers and
ranchers, representatives of Senator Tim Johnson and the SD Department of Environment
and Natural Resources also attended.
The discussions corrected much of the misinformation that exists in the farming and
ranching communities of the plains. The presentations were generally well received and
several of the attendees thanked the EPA representatives for their assistance.
Training & Exercises
The Region 8 Preparedness Unit assists communities and facilities with emergency
preparedness and accident prevention. Our emergency preparedness activities focus on
strengthening the ability of EPA, local, state and other response organizations to respond
effectively to future chemical accidents. As part of EPA's comprehensive program for
protecting public health and the environment from hazardous materials spills, we offer a
variety of training opportunities. The courses we offer are designed for personnel who
respond to emergencies or who investigate and/or cleanup abandoned hazardous waste
sites. We can host training in your local jurisdiction and attendance is free!
Some of our most popular courses are listed here: CAMEO Training, 40 hr HAZWOPER
Training, 8 hr HAZWOPER Refresher Training, Air Monitoring for Emergency Response,
Environmental Remediation Technologies, Overview of Environmental Geophysics, Radiation
Safety Overview, Basic Chemical Hazard Identification Course, Practical Hazardous Materials
Instrumentation, Unknown Chemical Identification Course, Hazardous Materials Chemistry
for Hazardous Materials Specialists, Level A Sampling Exercise, Clandestine Chemical Safety
Training.
You can also contact our training "dai-sensei" Mark Wullstein at 303-312-6152, or wull-
stein.mark@epa.gov. Call him, you'll be glad you did.
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Page 3
Training & Exercises (Cont.)
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. Planning and Exercise Schedule
EPA Releases State Enforcement Performance Information
and Comparative Maps
The EPA announced the release of state dashboards and comparative maps that provide the public
with information about the performance of state and EPA enforcement and compliance programs
across the country.
"Transparency and access to information at all levels helps to drive improvements in environmental
performance," said Cynthia Giles, Assistant Administrator for EPA's Office of Enforcement and
Compliance Assurance. "Today's release of state enforcement information highlights the important
work going on at the state level to address serious pollution problems and also underscores areas
where states and EPA may need to strengthen enforcement and compliance efforts."
Most states and tribes in the United States have the authority to implement and enforce many of
the nation's air, water and waste laws. The dashboards and maps include state level data from the
last five years and provide information including the number of completed inspections, types of
violations found, enforcement actions taken, and penalties assessed by state. To ensure data
quality, EPA made the maps and dashboards available to the states in advance of this public
release, in order to provide an opportunity to make any necessary data corrections.
Users can customize the dashboards to view state activity, EPA activity, or combined activity. Where
available, the site also allows users to view national averages and display state enforcement trends
over time. The interactive state performance dashboards are located on EPA's Enforcement and
Compliance History Online (ECHO) website. ECHO is an EPA transparency tool that allows the user
to map federal and state inspection, violation, and enforcement information for more than 800,000
regulated facilities. The state dashboards and comparative maps that are available in ECHO are part
of EPA's commitment to increasing transparency and providing data to the public in a format that is
easy to understand and use. View the state performance dashboards and comparative maps:
http: //www.epa-echo.aov/echo/stateperforma nce/comparative maps, htm I
Visit EPA's ECHO website: http://www.epa-echo.gov
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Page 4
2011 Toxic Release Inventory (TRI) National Analysis
The EPA has released the 2011 TRI National Analysis, an annual report that displays EPA's
analysis of the most recent TRI data. It includes a variety of documents and Web sites that
outline national and local trends in toxic chemical disposal or other releases to the
environment, as well as trends in toxic chemicals managed by TRI facilities. These resources
include an overview of the National Analysis with additional context and explanation, briefing
slides that show high-level
messages and trends, and
three geographic-specific
analyses that highlight urban
communities, large aquatic
ecosystems, and Indian
country and Alaska Native
Villages. In Reporting Year
2011 (RY11), 20,927 facilities
reported 4.09 billion pounds of
toxic chemicals disposed of or
otherwise released into the
environment, up by 8% from
2010 to 2011. In the long
term, facility disposal or other
releases of TRI chemicals have
generally decreased, down by
8% from 2003 to 2011.
RY11 was the first year that facilities were required to report on 16 new chemicals that have
been classified as "reasonably anticipated to be a human carcinogen" by the National
Toxicology Program (NTP). Reports were received for nine of the 12 new individually-listed
chemicals.
Information on these newly reportable chemicals is available at the following URL:
www.epa.aov/tri/lawsandreas/ntp chemicals/final .html
Access to the 2011 National Analysis is available at the following URL:
www.epa.aov/tri/NationalAnalvsis
Information about the 2011 National Analysis is also available in Spanish at the following URL:
www.epa.aov/tri/tridata/trill/nationalanalvsis/sp
For questions regarding the National Analysis, please contact the Superfund, TRI, EPCRA, RMP
& Oil Information Center at:
(800) 424-9346 - Toll Free
(703) 412-9810 — Metropolitan DC area and international calls
(800) 553-7672 - Toll Free TDD
(703) 412-3323 — Metropolitan DC area and international TDD
To speak with an Information Specialist, please call between 10:00 am and 5:00 pm (eastern
time), Monday through Friday.
$
ngure io. uisposai or utner «eieases Dy industry, zui i
All Others: 8%
Hazardous Waste Management: 3%
Food/Beverages/Tobacco: 3%
Paper: 4%
Primary Metals: 9%
Chemicals: 12%
Metal Mining: 46%
Clortfir I Itilitiat- 1 CQ£.
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Page 5
TRI-MEweb and 2012 TRI Reporting Forms and Instruc-
tions
The newest version of the TRI-MEweb online reporting system as well as the 2012 Toxic
Release Inventory (TRI) Reporting Forms & Instructions are now available. TRI-MEweb is EPA's
preferred method for preparing and submitting TRI forms.
In RY2012, EPA introduces a new process to certify TRI forms within the TRI-MEweb reporting
application. In addition, new electronic reporting security requirements for identity proofing
have been implemented. Finally, a new alternative to process Electronic Signature Agreements
in real-time has been incorporated to expedite the transmission, certification and submission
reporting process for TRI reporting facilities. For more information on TRI-MEweb
enhancements, please view the Reporting Year 2012 Enhancements tutorial available at:
www.eDa.aov/tri/reDortina materials/tutorials/tutorial index.html
Guidance on using TRI-MEweb to submit TRI forms is available at the following URL:
www.eDa.aov/tri/reDortina materials/trimeweb/index.html
The 2012 TRI Reporting Forms & Instructions is available at the following URL:
www.eDa.gov/tri/reporting materials/forms/index, htm I
TRI forms for reporting year 2012 must be submitted by July 1, 2013.
For questions regarding TRI reporting, please contact the Superfund, TRI, EPCRA, RMP & Oil
Information Center at:
(800) 424-9346 - Toll Free
(703) 412-9810 — Metropolitan DC area and international calls
(800) 553-7672 - Toll Free TDD
(703) 412-3323 — Metropolitan DC area and international TDD
To speak with an Information Specialist, please call between 10:00 AM and 5:00 PM (Eastern
Time), Monday through Friday.
EPA Makes Public Comprehensive Information on Use of
Chemicals in the U.S.
The U.S. Environmental Protection Agency (EPA) today released the 2012 Chemical Data
Reporting (CDR) information on more than 7,600 chemicals in commerce. The CDR database
contains comprehensive use and exposure information on the most widely used chemicals in
the United States.
Companies are now required to provide information on chemicals used in children's and other
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Page 6
EPA Makes Public Comprehensive Information on Use of
Chemicals in the U.S. (Cont.)
consumer products, along with reports on commercial applications and industrial uses of
chemicals. For the first time ever, EPA also required companies to substantiate confidentiality
claims in order to ensure that as much information as possible is made available to the public.
"The 2012 Chemical Data Reporting information will help EPA and others better assess
chemicals, evaluate potential exposures and use, and expand efforts to encourage the use of
safer chemicals," said EPA Administrator Lisa P. Jackson. "The CDR data also highlight the clear
need for TSCA reform. Updating this critical law will ensure that EPA has access to the tools and
resources it needs to quickly and effectively assess potentially harmful chemicals, and
safeguard the health of families across the country."
f
Exhibit 1. Chemicals Reported by Category for 2012
6000 -i W07 5,647'
£ 5000
CD
•| 4000 S073-
3000
u 1,704
^ 2000 ¦
* 1000 354 ^1 _
Children's Use Chemicals with Chemicals with Chemicals with Total# of
Reported Reported Reported Chemicals with
Consumer Use Commerical industrial Process & Use
Category Reported in CDR Submission
* Total is fewer than the sum of all chemicals in all use categories because some chemicals reportei
multiple use categories.
The CDR rule, the source of these new data,
was issued under the Toxic Substances Control
Act (TSCA). The rule requires companies that
manufacture or import chemicals to report
manufacturing and import data every four years
when site-specific production volume exceeds
25,000 lb. This report is for calendar year 2011.
The EPA received reports on 7,674 chemicals,
including 354 that were reported as used in
children's products. 1,704 chemicals were re-
ported as used in consumer products and 3,073
were used in commercial applications or prod-
ucts. The remaining chemicals reported were
for industrial use only. The CDR information in-
cludes data on chemicals that are used in chil-
dren's products such as toys, playground and
sporting equipment, arts and crafts materials,
and textiles and furniture.
5,507 5,647*
J,073
354
¦ 1
Chemicals used in consumer products, particularly those intended for children, present potential
for direct exposure to the public and are priorities for assessment by the agency. Although re-
porting on these chemicals is compulsory, currently there are no requirements under TSCA that
existing chemicals be evaluated for safety.
Yet EPA has taken action and begun a process to ensure that chemicals used by the public on a
daily basis are safe. The process identifies potential chemicals for near-term review and risk as-
sessment under TSCA. In 2012, EPA released a work plan of 83 chemicals for further review as
part of the agency's existing chemicals management program. From that list, seven chemicals
were identified for risk assessment development in 2012 and 18 for assessment in 2013 and
2014. In January, 2013, EPA released for public comment and peer review an initial set of draft
risk assessments of five chemicals for particular uses found in common household products
The 2012 CDR information released today is available at www.eDa.aov/cdr. Users can download
or search the database. In addition, users can tailor the search results to view information on
specific uses of chemicals, such as those used in products intended for use with children.
Read more about the CDR data, including fact sheets, at www.epa.aov/cdr.
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Tribal Land Updates
Page 7
Stafford Act: FEMA Consults Tribes and their Leadership on the Disaster
Declaration Process
At the end of January, President Obama signed the Sandy Recovery Improvement Act of 2013
that amended the Stafford Act to provide federally recognized Tribal governments the option to
choose whether to make a request directly to the President for a federal emergency or major
disaster declaration, or to seek assistance, as they do presently, under a declaration for a
State.
The Federal Emergency Management Agency (FEMA) today published on the Federal Register a
"Solicitation for Comments Regarding Current Procedures to Request Emergency and Major
Disaster Declarations." This solicitation is for Tribes, Indian tribal governments and all of our
stakeholders regarding the disaster declarations process. FEMA will be accepting comments
through the Federal Register Notice process (Docket ID FEMA-2013-0006 Document Number
2013-05391) at http://federalreoister.gov/a/2013-05391, FEMA's online collaboration site
http://fema.ideascale.com and by email at tribalconsultation@fema.dhs.gov no later than April
22, 2013, when the open comment period ends.
In March and April, FEMA will be conducting listening sessions with Tribal leadership, their
organizations and stakeholders to present information regarding the FEMA programs, the Staf-
ford Act and its amendment, the declarations process. Comments will be accepted until April
22, 2013.
Visit www.fema.aov/tribal-consultations for complete schedule and read ahead materials. More
information about FEMA Tribal Affairs is available at www.fema.gov/tribal.
Emergency Management
The 30-minute video "Strength and Resiliency: Emergency Preparedness for Tribal Leaders and
Program Directors—Your Roles and Responsibilities" was released recently to give tribal leaders
an introduction to emergency management. The video covers the basics of risk identification
and analysis, communications, Incident Command System and Unified Command, public health
emergencies, and the creation and roles of the Tribal Emergency Response Committee (TERC).
A National Volunteer Fire Council article states the video can "help educate non- Indian
firefighting agencies about tribal communities and their unique firefighting needs and
coordination efforts."
While the video was produced for tribal emergency managers and leaders, it also serves as a
guide for local, state, and federal officials whose jurisdictions border tribal lands. Many of the
566 federally recognized tribes have what is known as 'checker-boarded' reservation
land base. For example, New York has 10 reservations across the state and one spans the U.S.-
Canadian border.
The collaborative video was developed by the University of Minnesota School of Public Health,
Eagle Clan Productions, and FEMA Region V with a grant from the Centers for Disease Control
and Prevention.
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1st Quarter Enforcement Highlights
Page 8
SPCC/OIL Enforcement Highlightsr Along With Several RMP(112r)
Highlights
Case Highlights
Final Crter Issued Approv-
IngCo.nnbl.iDc Complaint
anfl Qcnsent Agreement
Settling Cisa.n Air Act 112(r)
V'oletiiMis at Holly RBfinmg
C^npsiny't Woods. Crocs
Refinary in Utah EPA Re-
gion 8 and Holly Refining
and Marketing Company
3£reec to resolve Clean Alt
Act violations at tl*e com-
lidny'b i en >e.-y in Woods
Cress. Lbah. The settlo-
ment requires Holly Refin-
ing to pay a sus.coo civil
penalty ¦'or violations of the
Clean Air Act Section I12ir)
and 40 C.F.R. Part 68 risk
•nanuffemont pro^rati re-
quirements associated with
the storage and use of
flammable substances and
hazardous chemicals.
Reglcr B Settles Oil Spill /
SPCC C»e Witt! POC En-
ergy A Final Order was
entered approving a Corv-
senr Aj£ranmnrrt in a Clean
Water Ast/ Oil Po lution
Act enforcement action
against ^CC Enerft1, Inc.
The sett crncnt requires
PD2 Energy ta pay an ad
minisrracive penalty of
S80,C'00 for alleged viola-
lions of The EPA's Spill Pre-
vention. Cunlrul, ami Ctun-
termeesure regulations and
lor various unpermitted
discharges ol oil and otner
pollutants at oil arc) gas
production facil tics In Weld
County. Colorado.
Final Orter issued Resett-
ing Clear) Air Aot Section
112(r) Violations
Meadovt Soic Dairy In
Crom. Jtaf. A Final Order
vYtss ei-leieii approving an
Expccited Settlement
Agreement (ESA) for the
Southern Foods Group. LLC.
who agreed to pay S2.79C Its
resolve Clean Air Act Section
112(rl and 40 C.F.R. Part 68
violations at r:s Meadow Gold
Dairy in Orcm, Ltan. South-
ern Foods Group also agreed
to correct violations that were
discovered by EPA inspectors:
In December 2011 within SO
days of the Fnel Order.
EPA Region 8 Finalizes Nego-
tiation* Regaling Utah OOTs
Purchase of a Strip of Land
From Parish Chemical Com-
pany EPA will receive ap-
proximately S80.0DD In ex-
change lor releasing a portion
ofaCERCLA107 lien on
the Parish Chemical Compary
;PCC) SuperfLnd Site. For the
past several years, the Utah
Oepartmert of Transportation
flJCOT) end PCC have been
negotiating the ou xtase of a
Strip of land to be used for a
rood widening prujec„ The
receiver, working cn behalf of
Parish, fmsHied a deal with
UDOI. and EPA ^ill receive a
portion of die purchase pnee.
District Court Apprnvas Stipu-
lation and Order Ftaquiring
Montane Waste Systems to
Pay $100,000 CMI Penalty
for RCRA Vlolattons A Stipw
lation ard Order issued by
The United States Distrrct
Court for tfe District of Man-
tana resolves Montana Waste
Systems. Inc.'s (MWS) liability
to the United States through
the payment of =» Sinn Oflfl
civil penalty in three pay-
ments over the course of two
years. Tula case concerns
RCRA violations at a metal
recycling facility In Great
Falls. Montana formerly oper-
ated by Steel Etc on property
owned by Three Ws (Site}. In
late August 2005, Steel Etc
excavated an area at Hie
Site for a concrete pad that
would be the base for a
metal shear for Steel Etc's
operation* and disposed o*
the so I at a RCRA Subtitle
D landfill operated by MWS.
Although MWS. aware tliat
the wsste contained ele-
vated total esd nunbors.
insisted on TCLP testing of
the wsste. it accepted the
1.680 tons of wsste before
the saTiplcs were arialyied-
Tnree received the
TCL3 analyses but :lic not
disclose the results. Ihree
Ws arranged to hnvn turn
samples taken and ana-
lyzed from Ihe stockpiled
waste at the landfill The
results were provided to
Tftroc W"s. Steel Etc and
MWS. but none of them
notified the Montana DEQ
until Juno 2007. In 200S,
MDEQ executed a cor sent
ordor with Three Ws and
MWS requiring thorn to
remediate the hazardous
waste at the landfill (whr.h
was ultimately a lowed to
be remediated on-site).
M DEQ subs^q jently asked
EPA to pursue penalties
against tne parties. Region
S civil enforcement and
Crlm Inai I nvestigation D vi-
sion ICID) arranged for
EPA's National Enforce-
ment Invesligattans Center
s of the
Final Order.
Plnel Ordar Issued Resolv-
ing CKeer A r Act section
115(f) Violations at Ja rrws-
town Treatment Plant In
Jamestcwn. North Dakota
A Finn Order approving an
Expedited Settlement
Agreement (E5A} was is-
sued to Jamestown Water
T'eatment Plant who
agreed to pay S2,090tO
resolve Clean Air Act Sec
tion 112i'rj and 40 C.F.R.
Pari 63 violations at ils
water treatment facility ih
Jarnosfoivn. Soiilh Dakota.
Respondent also agreed to
correct the violations that
were discovered by EPA
inspectors in June 2012
within 6C days of the Firal
Order.
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Page 9
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
capabilities 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
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) RIVIPRC a cpacdx.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.gov/superfund/contacts/iiifocenter/iiidex.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 355/370for EPCRA, and 40 CFR Part 112.2 for SPCC/FRP.
Emergencies
Report oil or
chemical spills at
800-424-8802
More ...
1 (800) 424-8802
National
J Response
Center
www.nrc.usc g.m
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