N
W
LETTER
EPA Region 10
CAA 112(r) Update
Vol. 2 No. I
J an./Feb. 1998
Latest News on the Accidental Release Prevention Requirements of the Clean Air Act
INSIDE
EPA TO HOST INT'L HAZ.
MATERIAL SPILLS
CONFERENCE IN
CHICAGO, APRIL 5 - 9,
1998
/
Public and Environmental
Receptor Q & A's 1
RMP Course Reminder 4
Ammonium Nitrate Alert
Published
4
EPA Region 10 CAA
112(r) Update
EPA Region 10, WA Ops Office
The Update is a monthly
newsletter on issues relating
to the Accidental Release
Prevention Requirements of
the Clean Air Act.
To automatically receive a
copy via the post or E-mail,
send a message to
hoff.melanie@epamail. epa.go
v or call Melanie Hoff at
360-753-9477
EPA TO HOST INT'L HAZ.
MATERIAL SPILLS
CONFERENCE IN CHICAGO,
APRIL 5 - 9,1998
U.S. Environmental Protection Agency (EPA)
Region 5 will host the 14th International Hazardous
Material Spills Conference at Chicago's Palmer
House Hilton Hotel, April 5-9, 1998. The biannual
conference includes technical and skills-training
sessions, current case-study presentations, plus an
exhibition area and unique special events.
The 1998 conference marks the first time in a
decade that EPA Region 5 has hosted the event.
Emergency response professionals from North
America and around the world are expected to
attend.
The conference, whose theme is "Risk Management:
Closing the Loop," offers extensive skills-training
and career development opportunities for people in
all facets of the public safety, contingency planning,
and emergency response professions.
More than 30 sessions will be offered during the
5-day event. Topics include: risk management
planning for State and local emergency response
commissions, OSHA 8-hour awareness training,
managing abandoned vessels and barges,
coordinating operations during a terrorist event,
responses in harsh weather conditions, and
hands-on training on current software applications.
A number of case studies will also be presented,
ranging from flood responses in southwestern Idaho
and a panel discussion on a train derailment in Ohio
to an inside look at EPA's response to methyl
parathion ("cotton poison") misuse in Chicago and
Lorain, OH.
Special events include: a tour of the Chicago Fire
Department Academy, and an outdoor exhibition of
emergency response vehicles and equipment in
downtown Chicago's Federal Plaza.
For registration details via internet, http://
www.nrt.org/nrt/hazmat98.nsf, or contact: Tom
Crane, Great Lakes Commission, Argus II Building,
400 4th Street, Ann Arbor, MI, 48103-4816; phone
313-665-9135; fax 313-665-4370. Early registration
rates expire March 5, 1998. When making
reservations at the Palmer House Hilton
(800-HILTONS), ask for the special "Hazmat Spills
Conference" rates.
Exhibition details are also available via internet, or
contact: Joanne Dobrick, 2300 North Clybourn,
Suite 15, Chicago, IL 60614; 773-348-3960, fax
773-348-6632.
Public and Environmental
Receptor Q & A's
Question: A facility performed a worst-case
release scenario and determined that there are
no pubic receptors within the endpoints. There
are several residences located just outside the
endpoint. In reviewing the five year accident
history, there were several releases of a
regulated substance, in which the residences
were notified by the facility of the releases and
informed they should shelter-in-place. Do these
releases disqualify the facility from being a
Program 1 facility?
Answer: No, these releases do not disqualify the
facility from Program 1 eligibility. Evacuations and
sheltering-in-place were not included in the eligibility
for Program 1 because EPA was concerned that
they could create a disincentive to report releases
and might encourage sources and local emergency
officials to take more chances
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EPA Region 10 CAA I I2(r) Update
during an event when there may be potential
exposures that do not rise to the endpoint specified
in this rule but would otherwise be worthy of
precautionary actions by the source or by local
officials.
If local emergency planners, first responders or the
public have concerns about processes in Program 1
because of a past evacuation or sheltering-in-place
event, then mechanisms under EPCRA could be
used to gather more information from the source
about its prevention program (such as EPCRA
sections 302(b)(2) [designation of a facility if it does
not already handle extremely hazardous substances
listed under section 302] and 303(d)(3) [provision
of information to the emergency planning
committee]) and involve the source in emergency
planning. Sources and local first responders should
be discussing evacuation and sheltering-in-place
criteria and decisions as part of emergency response
planning (61 FR 31675-6; June 20, 1996).
( CAA Q&A Database, July 1997)
Question: A process covered under 40 CFR
Part 68 is eligible for Program 1 requirements
if it meets all of the criteria listed at 40 CFR
§68.10(b). One of those criteria is that the
distance to a toxic or flammable endpoint for a
worst-case release assessment is less than the
distance to any public receptor. Are roads
covered as "public receptors"?
Answer: No. Public receptor is defined at 40 CFR
§68.3 to include "offsite residences, institutions
(e.g., schools, hospitals), industrial, commercial,
and office buildings, parks, or recreational areas
inhabited or occupied by the public at any time
without restriction by the stationary source where
members of the public could be exposed to toxic
concentrations, radiant heat, or overpressure, as a
result of an accidental release." Roads are not
included as public receptors. Another criterion for
Program 1 eligibility, however, is the requirement
that emergency response procedures have been
coordinated between the stationary source and local
emergency planning and response organizations (40
CFR §68.10(b(3)). Although roads surrounding a
stationary source need not be addressed as public
receptors, they should be considered when
coordinating with emergency planners and
responders.
(CAA Q&A Database, January 1997)
Question: When analyzing off-site
consequences for the purpose of a worst-case or
alternative release scenario under the risk
management program regulations (40 CFR
Part 68), are areas occupied solely by
employees at the source considered to be public
receptors?
Answer: No. Such areas at the stationary source
are not to be included as public receptors.
(CAA Q&A Database, May 1997)
Question: A process covered under 40 CFR
Part 68 is eligible for Program 1 requirements
if it meets all of the criteria listed at 40 CFR
§68.10(b). One of those criteria is that the
distance to a toxic or flammable endpoint for a
worst-case release assessment is less than the
distance to any public receptor. Are areas to
which hunters and fishermen have access
considered "public receptors"?
Answer: Yes, except as noted below. The definition
of "public receptor" at 40 CFR §68.3 includes
"areas ... occupied by the public at any time without
restriction by the stationary source where members
of the public could be exposed to toxic
concentrations, radiant heat, or overpressure, as a
result of an accidental release." The "public" is
defined in 40 CFR §68.3 as including any person
other than employees of the stationary source and
contractors on-site. Therefore, unless the hunters or
fishermen are employees of the stationary source or
contractors on-site, such persons would be
members of the public for purposes of 40 CFR §68
and areas to which they have unrestricted access
would be public receptors.
(CAA Q&A Database, May 1997)
Question: A process covered under 40 CFR
Part 68 is eligible for Program 1 requirements
if it meets all of the criteria listed at 40 CFR
§68.10(b). One of those criteria is that the
distance to a toxic or flammable endpoint for a
worst-case release assessment is less than the
distance to any public receptor. If a stationaiy
source has a baseball field on site to which
non-employees have unrestricted access, does
that field constitute a "public receptor"?
Answer: Public receptor is defined at 40 CFR §68.3
to include "offsite residences, institutions (e.g.,
schools, hospitals), industrial, commercial, and
office buildings, parks, or recreational areas
inhabited or occupied by the public at any time
without restriction by the stationary source where
members of the public could be exposed to toxic
concentrations, radiant heat, or overpressure, as a
result of an accidental release." Areas within a
facility boundary are considered "offsite" if the
public has routine and unrestricted access during or
outside normal business hours (40 CFR 68.3).
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EPA Region 10 CAA I I2(r) Update
A baseball field to which the
public has unrestricted access is
therefore considered to be a public
receptor if people using the field
could be exposed to toxic
concentrations, radiant heat, or
overpressure as a result of an
accidental release.
( CAA Q&A Database, July 1997)
Question: The Risk
Management Program rule
requires owners or operators of
covered processes to define in
the risk management plan
(RMP) the potential offsite
public and environmental
receptors within the impact
range of identified worst case
and alternative release
scenarios. What is the
definition of "environmental
receptor"? What data sources
are acceptable for identification
of environmental receptors?
Answer: "Environmental receptor"
is defined at 40 CFR §68.3 as
"natural areas such as national or
state parks, forests, or
monuments; officially designated
wildlife sanctuaries, preserves,
refuges, or areas; and Federal
wilderness areas" which could be
exposed to an accidental release.
A stationary source owner or
operator may rely on information
provided on local U.S. Geological
Survey maps or on any data
source containing U.S.G.S. data to
identify these environmental
receptors (61 FR 31720; June 20,
1996). Habitats of endangered and
threatened species are not included
in the definition of "environmental
receptor" because information
about the locations of these
habitats is often not publicly
accessible. Natural resource
agencies will have access to
submitted RMPs, and will be able
to raise concerns with local
officials about potential harm to
critical habitats, as necessary.
EPA hopes that potentially
affected environmental receptors
that are not specifically included
will become the subject of
dialogue on environmental risks
between stationary sources and the
environmental community.
(CAA Q&A Database, September
6, 1996)
Question: Are wetlands included in the
definition of "environmental receptors"?
Answer: No. EPA has defined environmental
receptors as natural or state parks, forests, or
monuments; officially designated wildlife
sanctuaries, preserves, refuges, or areas; and
Federal wilderness areas, that are easily identified on
local U.S. Geological survey maps (40 CFR §68.3).
Therefore, wetlands would not be reported in the
hazard assessment under 40 CFR §68.33. Flowever,
under the five-year accident history at 40 CFR
§68.42 any known damage to a wetland would be
reported as environmental damage. (CAA Q&A
Database, May 1997)
Question: A process covered under 40 CFR
Part 68 is eligible for Program 1 requirements
if it meets all of the criteria listed at 40 CFR
§68.10(b). One of those criteria is that the
distance to a toxic or flammable endpoint for a
worst-case release assessment is less than the
distance to any public receptor. Are rivers that
are used for recreation covered as "public
receptors"?
Answer: The final rule defines public receptor to
mean "offsite residences, institutions (e.g. schools,
hospitals), industrial, commercial, and office
buildings, parks, or recreational areas inhabited or
occupied by the public at any time without
restriction by the stationary source where members
of the public could be exposed to toxic
concentrations, radiant heat, or overpressure, as a
result of an accidental release" (40 CFR §68.3). A
river would be included in this definition since it is
likely to be used for recreational purposes where
members of the public may be present.
(CAA Q&A Database, May 1997)
Question: For the worst-case and alternative
release scenarios of an underground storage
tank, should I consider any impact on
groundwater, drinking water or soil?
Answer: No. As part of the worst-case and
alternative release scenarios, you need to define the
offsite impacts to the environment (40 CFR §68.33)
by listing the environmental receptors that are
withing your impact zone. "Environmental receptor"
is defined at 40 CFR §68.3 as "natural areas such as
national or state parks, forests, or monuments;
officially designated wildlife sanctuaries, preserves,
refuges, or areas; and Federal wilderness areas"
which could be exposed to an accidental release.
You only need to list the environmental receptors,
not speculate what specific damage could occur as
a result of an accidental release.
You should, however, consider impacts on
groundwater, drinking water or soil in both the
accident history for Program 1 eligibility criterion
(40 CFR §68.10(b)(1)) and the five-year accident
history required as part of the hazard assessment
(40 CFR §68.42). For Program 1 eligibility, you
must not have had an accidental release of a
regulated substance in the past five years that
caused any "response or restoration activities for an
exposure of an environmental receptor." An
accidental release that led to response or restoration
of soil or groundwater of an environmental receptor,
such as a park, would make a process ineligible for
Program 1. For the hazard assessment five-year
accident history, environmental damage is not
limited to the
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EPA Region 10 CAA I I2(r) Update
defined environmental receptors. Events where
there is any known environmental impact of any kind
(e.g. fish or animal kills, lawn, shrub, or crop
damage) must be included in the history (61 FR
31710; June 20, 1996). Therefore, any known
damage to groundwater or soil must be reported in
the five-year accident history.
( CAA Q&A Database, July 1997)
RMP Course Reminder
The one-day Risk Management Programs course
covers the following:
• Risk management programs regulations
• Hazard analysis techniques using EPA's
RMP Offsite Consequence Analysis
Guidance
• Release prevention and emergency response
activities
• Risk management plan (RMP) data elements
This course is intended for Federal, State and local
personnel, government facilities personnel (ie. water
treatment plant employees, etc.), SERC and LEPC
members, and local emergency management and
response personnel.
The course is provided free of charge to Federal,
State and local governmental personnel (including
SERC and LEPC members). Private industry
personnel are allowed to attend, but, only on a space
available basis. Private industry attendees will be
charged a fee of $125.00 for the course. This fee is
paid directly to the EPA.
If you are interested in attending a course or
scheduling one in your area, call Melanie Eloff (see
sidebar) and leave your fax number to receive
registration materials. To date courses are
scheduled in the following locations:
February 18/19
March 9
April 21
April 22
April 23
May 4
May 6
May 8
Boise, ID
Seattle, WA
Spokane, WA
Tri-Cities area, WA
Juneau, AK
Anchorage, AK
Olympia, WA
Portland, OR
The Environmental Protection Agency (EPA) is
issuing this Alert as part of its ongoing effort to
protect human health and the environment. EPA is
striving to learn the causes and contributing factors
associated with chemical accidents and to prevent
their recurrence. Major chemical accidents cannot be
prevented solely through command and control
regulatory requirements but by understanding the
fundamental root causes, widely disseminating the
lessons learned, and integrating these lessons learned
into safe operations. EPA will publish Alerts to
increase awareness of possible hazards. It is
important that facilities, SERCs, LEPCs, emergency
responders and others review this information and
take appropriate steps to minimize risk.
Ammonium nitrate primarily is used as a fertilizer; it
also is used widely with additives as a blasting agent.
Millions of tons of this chemical are produced
annually throughout the world and handled without
incident. According to scientific literature,
ammonium nitrate is a strong oxidizer and a
relatively stable explosive. Ammonium nitrate can
be exploded under certain conditions. These must
include added energy (heat, shock), especially under
conditions of confinement or presence of
contaminants. In a 1994 accident, ammonium nitrate
solution exploded during a manufacturing process,
causing a number of deaths and injuries. EPA has
issued published an Alert to highlight the problems
associated with handling ammonium nitrate, increase
hazard awareness, identify process safety actions
for hazard reduction, and provide a list of
information resources. CONTACT THE
EMERGENCY PLANNING AND COMMUNITY
RIGHT-TO-KNOW HOTLINE (800) 424-9346
OR (703) 412-9810
TDD (800) 553-7672 MONDAY-FRIDAY, 9 AM
TO 6 PM, EASTERN TIME or VISIT THE
CEPPO HOME PAGE ON THE WORLD WIDE
WEB AT: http://www.epa.gov/swercepp/
to obtain a copy of the alert.
Ammonium Nitrate Alert
Published
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