U.S. ENVIRONMENTAL PROTECTION AGENCY
LEGION III MID-ATLANTIC REGION
OIL, CHEMICAL PREVENTION &
PREPAREDNESS NEWSLETTER
JULY 2015
Region 3 Serving: Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, and West Virginia
OIL POLLUTION PREVENTION
WHAT TO EXPECT DURING
SPCC INSPECTIONS
In order to assure compliance with the rule, Spill Prevention
Control and Countermeasurers/Facility Response Plan (SPCC/
FRP) inspectors conduct announced and unannounced inspections
throughout the region. These inspections are conducted pursuant
to the Oil Pollution Prevention Regulation of the Clean Water
Act as amended by the Oil Pollution Act of 1990.
Once access is granted by the owner/operator (or authorized
personnel) to perform the inspection, the inspectors will request
die following documentation:
Copy of the SPCC plan
^Records of Personnel training on SPCC and Spill Prevention
SVisual Tank Inspection records
Tank integrity testing reports
S Dike drainage log
^Copy of the FRP plan (if applicable)
SDrill and exercises records (FRP facilities only)
Oil Spill Removal Organization (OSRO) information (FRP facilities)
* Spill Incident reports if applicable
During the opening conference, the facility representative
will be interviewed and the facility records previously
mentioned will be evaluated. When this is completed, die
inspectors will proceed widi a facility walk-dirough. During
die walk-through, the inspectors will take photos and
document observations regarding the facility's spill
prevention and response measures, oil storage tanks,
diversionary/containment structures, loading/unloading racks
and security, etc. In die final component of die inspection
process, die inspector will hold a closing conference to
conclude die inspection, discuss observations, gather
documents requested, and answer any questions die facility
representative(s) may have.
Following the inspection, die SPCC and/or FRP plan will
be reviewed to determine compliance widi the Oil Pollution
Prevention Regulation.
EPA Region 3 will send die facility a Post Inspection Letter
providing observations during die inspection.
EMERGENCIES
-t&epa
Report oil or
Chemical spills at:
800-424-8802
EPA RegionS OIL, CHEMICAL PREVENTION & PREPAREDNESS NEWSLETTER
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FACILITY RESPONSE PLAN/
GOVERNMENT INITIATED
UNANNOUNCED EXERCISES
Government Initiated Unannounced Exercises (GIUEs) are
designed to evaluate the facility's response capability by testing
notification procedures, equipment deployment, and odier
actions associated widi a response to an identified oil spill
scenario. The purpose is to verify diat the company can
implement the procedures and deploy the equipment identified
in its Facility Response Plan (FRP), and initiate an immediate
and effective response. The duration of the exercise is limited
to a maximum of four hours.
What exercise scenario is used during the exercise?
The exercise scenario will involve a response to a small
discharge. The facility should assume that 2,100 gallons of oil
was spilled outside of a secondary containment and discharged
into or on navigable waters and adjoining shorelines.
What actions should my facility take?
Your facility should deploy response equipment as identified
in die FRP to respond to the exercise scenario. Oil recovery
equipment should also be present.
How long do I have to respond to the exercise scenario?
According to 40 CFRPart 112, Appendix E, 3.3.1, a facility
shall have response resources and a means of deploying within
one hour of the discovery of a spill. Oil recovery equipment
must be on site within two hours.
Is it necessary for my Oil Spill Response Organization
(OSRO) to respond during die drill?
Yes, if your facility depends on an OSRO for spill response,
die OSRO must respond during die drill and deploy their
response equipment.
Must I make emergency notifications?
Yes, you must conduct proper notifications to respond to die
exercise scenario. A facility can simulate die calling of 911,
but must make calls to die odier emergency numbers listed in
dieir FRP. You must call die National Response Center at 1-
800-424-8802. The caller must state that die notification is
part of a drill.
What else is accomplished during the exercise?
EPA will review on site die following records: QI Notifications,
Table Top Exercises, Equipment Deployment Exercises and
Unannounced Exercises records.
What happens after the exercise?
EPA will conduct a debrief at your facility followed by a
written critique. If your facility is successful you are exempt
from government-initiated unannounced drills for diree years.
If your facility is not successful, EPA will notify you of the
next steps die facility must take in order to bring die facility
into compliance.
WHEN MUST I REPORT AN OIL
DISCHARGE TO THE NRC?
Any person in charge of a vessel or an onshore or offshore facility
must notify the National Response Center (NRC) immediately
after he or she has knowledge of die discharge.
REQUEST
FOR INFORMATION
In order to assure compliance widi Section 311 of die Clean
Water Act, investigators routinely issue requests for information
pursuant to Section 308 of the CWA, which gives the
Administrator of EPA audiority to collect information in order
to carry out Section 311 of die Clean Water Act. A request for
information can be prompted by a report of a discharge of oil
or hazardous substance which may be in violation of Section
311 of die CWA. Section 311 prohibits die discharge of oil or
hazardous substance into or upon die navigable waters of die
United States.
Facilities are required to respond to die request for information.
Failure to respond or submit die required information is subject
to civil penalties of up to $32,500 per day of violation. The
information submitted to EPA may be used in administrative,
civil or criminal proceedings.
OIL ENFORCEMENT CORNER
EPA Region 3 reached an administrative settlement against
Antero Resource Corporation and Nomac Drilling, LLC. On
February 9, 2015, EPA filed a Consent Agreement and Final
Order, which setded EPA's penalty claim for a violation of
Section 311(b)(3) of die Clean Water Act. The discharge
occurred during drilling operations at a well pad located in
Harrison County, WV. The 600 gallon discharge of diesel
fuel entered die waters of Indian Run, a tributary to die West
Fork River, a navigable water of die U.S. The respondents
paid a cash penalty of $ 16,000.
Oil Program Website
http: //www. epa. gov/oilspill/index. htm
EPA Region 3 OIL, CHEMICAL PREVENTION & PREPAREDNESS NEWSLETTER
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EPCRA/CERCLA PROGRAMS
WHAT TO EXPECT DURING
AN EPCRA INSPECTION
In Region 3, inspections pursuant to Emergency Planning and
Community Right to Know Act (EPCRA). EPCRA Sections
302-312 and CERCLA Section 103 are managed by Oil &
Prevention Branch personnel.
Inspections are generally announced ahead of time, and arranged
to occur at a mutually agreeable time and date between the
facility and inspectors. The scope of the inspection may include,
but is not limited to: reviewing and obtaining copies of
documents and records; interviewing and taking statements;
taking photographs; and any other inspection activities necessary
to gather information.
The sequence of events during the inspection activity is usually:
1) an opening conference, 2) a tour of the area(s) where a
reportable release(s) occurred, if applicable, 3) a tour of areas
where hazardous chemicals are stored, used, and/or generated,
and 4) a closing conference.
EPA will evaluate the information collected in connection
with the inspection to determine whether violations of EPCRA
and/or CERCLA are present. Where violations are discovered,
EPA will evaluate its enforcement options and a penalty for
non-compliance may be assessed. Conversely, if the inspection
reveals no violations, the facility will receive a letter indicating
die inspection is closed.
EPCRA ENFORCEMENT CORNER
Based on a June 3, 2013 inspection at die Dominion Cove Point
facility owned by Dominion Cove Point LNG, LP, Region 3
discovered violations of Section 103 of CERCLA and Section
304 of EPCRA. The violations included: failure to immedi-
ately notify die NRC, SERC and LEPC following the releases
of ammonia above die reportable quantity from the facility on
27 separate occasions and failure to submit the required follow-
up reports to the SERC and LEPC. Dominion corrected die
violations by initiating a call to die NRC, SERC and LEPC to
initiate continuous release reporting and bv paying a penalty of
$365,000.
TO REPORT SPILLS
OH or Chemical
National Response Center
1-800-424-8802
To subcribe to this newsletter,
please contact:
Paula Curtin
US EPA Region 3
1060 Chapline Street
Wheeling, WV 26003
Curtin.Paula@epa.gov
(304) 234-0256
EPA Region 3 OIL, CHEMICAL PREVENTION & PREPAREDNESS NEWSLETTER
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RISK MANAGEMENT PROGRAM
WHAT TO EXPECT DURING
RMP INSPECTIONS
Section 112(r) of the Clean Air Act (CAA) requires EPA to
publish rules and guidance for die prevention of chemical
accidents at facilities which use extremely hazardous
substances. Under these regulations (40 CFRPart 68), facilities
will be evaluated to determine compliance with the
requirements to develop/implement a risk management
program and submit a risk management plan (RMP) describing
its program (collectively, RMP Rule). A facility's risk
management program must address three elements: a hazard
assessment, a prevention program, and an emergency response
program. A summary of the facility's risk management
program should be described and documented in a risk
management plan, which is submitted electronically to EPA.
RMP regulated facilities are subject to die CAA provisions
for both announced and unannounced inspections. Under the
CAA, EPA officials and other authorized representatives may
enter facility premises to inspect equipment and records.
During an inspection, die agency may examine whether a
facility is in compliance with CAA Section 112(r) as a whole,
not just die RMP Rule.
What Can I Do to Prepare for the Inspection?
The RMP inspections will focus on die RMP and underlying
safety programs. The inspection will consist of a document
review and an on-site inspection of the process equipment.
The inspector(s) will review the RMP for completeness and
compliance with the regulations. The inspectors(s) will
generally review supporting documentation for die three (3)
risk management program elements.
Why Is EPA Conducting RMP Inspections?
RMP inspections help ensure compliance with the RMP Rule.
As a result of die inspection, EPA may require companies to
modify their Risk Management Program to ensure that it
meets die requirements of the regulation.
How Was My Facility Selected for an RMP Inspection?
Your facility may have been selected because of:
¦/Previous accident history of the facility.
Accident history for other facilities in the same industry.
Quantity of RMP-regulated substance(s) onsite.
¦/Proximity to public and environmental receptors.
¦/Presence of specified regulated substances (e.g., chlorine,ammonia).
¦/Hazards identified in the RMP.
¦/A neutral, random oversight scheme.
¦/Referrals from citizens or other Federal, State, or local agencies.
What Should I Expect Following the Inspection?
The inspector(s) will prepare a Post Inspection Letter
summarizing their observations from the inspection. A copy
of the Post Inspection Letter will be sent to your facility, the
State Emergency Response Commission, the Local
Emergency Planning Committee, and upon request, to any
other federal, state, or local agency. Your facility has 60
days to submit a written response to any recommendations
provided in die Post Inspection Letter. If die inspector
observes violation(s), each violation must be corrected and
die agency reserves die right to initiate a civil action where
penalties may be sought.
To date, there are over 12,500 current RMP facilities
nationwide and over 650 in Region 3. These facilities have
submitted their RMPs in accordance with die RMP Rule (40
CFR Part 68). Region 3 is required to periodically inspect
RMP facilities to assess whether the plans are adequate and/
or need to be revised to comply with the regulation. EPA
may verify RMP information against independent sources of
information and conduct on-site verification. EPA's inspection
authority is set forth in Section 114 of the Clean Air Act.
RMP ENFORCEMENT
CORNER
On June 6,2012, RMP and EPCRA Inspectors inspected Nupro
Industries Corporation in Philadelphia, PA. As a result of die
joint inspection, violations of the requirements of Section
112(r)(l) of the CAA (General Duty Clause) and Section 304
of EPCRA were discovered. Nupro manufacturers high qual-
ity grade esters and neatsfoot oil. During die inspection, it
was found that die facility failed to follow industry standards
for: (1) identifying hazards through development of process
hazard analysis, (2) developing standard operating procedures
for each operating phase of die ammonia refrigeration sys-
tem, (3) conducting inspections and/or maintenance of the
ammonia refrigeration system, (4) providing signage for re-
frigeration system, and (5) coordinating with local emer-
gency response agencies for effective fire control measures.
In addition, with regards to the release of 1,400 pounds of
ammonia, Nupro violated Section 304(a) and (b) of EPCRA
for failing to notify the SERC and LEPC of the release. The
consent agreement required Nupro to pay a total cash penalty
of $13,685 and implement a Supplemental Environmental
Project ("SEP") valued at approximately $81,300. The SEP
replaced the existing anhydrous ammonia refrigeration sys-
tem with a chilled glycol/refrigeration system, thereby re-
ducing die overall risk to die nearby community.
EPA Region 3 OIL, CHEMICAL PREVENTION & PREPAREDNESS NEWSLETTER
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WHAT TO EXPECT DURING A
GENERAL DUTY CLAUSE
INSPECTION
Under the Clean Air Act Section 112(r)( 1), the General Duty
Clause states: 'The owners and operators of stationary sources
producing, processing, handling or storing such substances [i.e.,
a chemical in 40 CFRpart 68 or any other extremely hazardous
substance] have a general duty [in the same maimer and to die
same extent as die general duty clause in the Occupational
Safety and Healdi Act (OSHA)] to identify hazards which
may result from (such) releases using appropriate hazard
assessment techniques, to design and maintain a safe facility
taking such steps as are necessary to prevent releases, and to
minimize die consequences of accidental releases which do
occur."
What is the general duty clause?
In the Clean Air Act Amendments of 1990, Congress enacted
Section 112(r)( 1), also known as the General Duty Clause
(GDC), which makes the owners and operators of facilities
that have regulated and other extremely hazardous substances
responsible for ensuring that their chemicals are managed
safety.
Who is covered?
The General Duty Clause applies to any stationary source
producing, processing, handling, or storing regulated substances
or other extremely hazardous substances.
What Does the General Duty Clause Involve?
Facilities subject to die General Duty Clause are, among other
tilings, responsible for the following:
^Knowing the hazards posed by the chemicals and assessing
the impacts of possible releases,
^Designing and maintaining a safe facility to prevent
accidental releases, and
^Minimizing die consequences of accidental releases that do
occur.
How can I find out what GDC inspectors are looking
for at my facility?
Read die Guidance for Implementation of the General Duty
Clause Clean Air Act Section 112(r)(l) at:
http: / / www. epa. gov/oem/ docs/chem/ gdcregionalguidance .pdf
GDC ENFORCEMENT
CORNER
On December 9,2010, a release of titanium and/or zirconium
dust ignited at AL Solutions, Inc. facility in New Cumberland,
West Virginia. The ignition caused a fatal explosion and fire
killing 3 employees at the facility. RMP Inspectors inspected
the facility on January 4-5,2011 and identified various Gen-
eral Duty Clause (GDC) violations at the facility including,
but not limited to, developing a process hazard analysis and
designing and maintaining a safe facility to address the haz-
ardous characteristics of titanium and zirconium dust. The
facility has stopped any processing of titanium and zirco-
nium at the West Virginia facility and constructed a new
automated processing facility in Pennsylvania. They have
expended $7.8 million to implement extensive measures to
ensure compliance with environmental requirements, assess
the potential hazards associated with existing and future
operations, and take measures to prevent accidental releases
and minimize the consequences of releases that may occur.
In addition, the Facility expedited removal of all zirconium
and titanium at the former facility - approximately 38,000
pounds of zirconium and 2.1 million pounds of titanium were
removed from the facility. AL Solutions paid a cash penalty
of $100,000, as well as a separate OSHApenalty.
FOR ADDITIONAL INFORMATION
OIL http://www.epa.gov/oilspill/index.htm
EPCRA http: //www2. epa. gov/epcra/what-epcra
RMP http://www2.epa.gov/rmp
Online Training/Electronic Submission
http: //www2. epa. gov/rmp / risk-management-plan-rmp-webinars-and-training
http: //www2. epa. gov/epcra/tier2-submit-software
http: //www2 .epa. gov/rmp / rmpesubmit
EPA Region 3 OIL, CHEMICAL PREVENTION & PREPAREDNESS NEWSLETTER
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Branch Contacts
1650 Arch Street, Philadelphia, PA 19103-2029
Donzetta Thomas
Acting Chief, Oil & Prevention Branch
Thomas. Do n/cttaacp ;i. gov
(215) 814-2474
Alfred Baginski (SEE), RMP Inspector
Baginski.Alfred(tf)epa.gov
(215) 814-3061
Patrick Beckley, RMP Inspector
Bccklcy.Patrickwcpa.gov
(215) 814-3261
Kevin Daniel, RMP Coordinator
Dan icl. Kevinwcpa.gov
(215) 814-3247
Arlin Galarza, SPCC/FRP Coordinator
Galaivza-Hernandcz.Arlinwepa.gov
(215) 814-3223
Anne Gilley, EPCRA Coordinator
Gi lley. An netfepa.gov
(215) 814-3293
Larry Holliday (SEE), Environmental Protection Assistant
Ho 11 i d ay. Lar rywep a.go\
(215) 814-3347
Mary Hunt, RMP Enforcement Coordinator
HuntMary(o}epa.gov
(215) 814-3425
Robert Langel, (SEE) RMP Inspector
Lan gel. Robeittfcpa.gov
(215) 814-3119
Wanda Martinez, SPCC/FRP Inspector
Martinez.Wandaacpa.gov
(215) 814-3434
Ashley Nilsen, RMP Inspector
Nilsen.Ashley(tf}epa.gov
(215) 814-3269
Perry Pandya, EPCRA Coordinator
Pandya.Perry(tf}epa.gov
(215) 814-2167
James Riffe (SEE), SPCC/FRP Inspector
Riffe.james(tf}epa.gov
(215) 814-2118
Rachel Simkins, SPCC/FRP Inspector
Simkins.rachel(tf}epa.gov
(215) 814-3277
Mark Wejrowski, SPCC/FRP Inspector
Wejrowski.marktf}epa,gov
(215) 814-3241
Michael Welsh, RMP Coordinator
Welsh.Mikcwepa.gov
(215) 814-3285
National SPCC/OPAHotline
EPARegion 3 Fax #
Wheeling Field Office
Paula Curtin, Spill Enforcement Coordinator
Cu rtin.pau laacpa.gov
(202) 260-2342
(215) 814-3005
(304) 234-0256
EPA Region 3 OIL, CHEMICAL PREVENTION & PREPAREDNESS NEWSLETTER
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