Hazmat Lesson 1
Superfund Amendments and Reauthorization Act of 1986 (SARA)
In 1986, this bill (CERCLA) was revised and expanded in the Superfund Amendments and Reauthorization Act of 1986 (SARA). The third part of SARA, Title III, is known as the Emergency Planning and Community Right-to-Know Act of 1986. This portion of the legislation makes more than 300 "extremely hazardous substances" subject to routine and detailed reporting to designated local, State, and Federal government agencies. It also requires local planning committees to use this information (and other data on local hazards) to create effective plans for hazardous materials emergencies.
Hazardous Waste Operations and Emergency Response (HAZWOPER)
In 1989, OSHA issued this rule on Hazardous Waste Operations and Emergency Response, which represents the first comprehensive approach to protecting public and private sector employees involved in the dangers of working on hazardous waste sites. Many of the workers affected by this rule are employees of State and local governments. Twenty-five States and Territories have their own job safety and health programs. Their standards are required to be at least as stringent as the Federal regulations.
What law(s) could the plant potentially be violating?
Laws that could be violated include the Clean Air Act, the Superfund Amendments and Reauthorization Act (SARA), the Resource Conservation and Recovery Act (RCRA), and State environmental statutes.
Local Role
Local communities play a key role in the system set up by Congress under Title III to inform and protect citizens from hazardous materials. Local communities, represented by LEPCs, are responsible for developing an emergency plan for disasters involving hazardous substances. This includes identifying the resources that would be available in an emergency (such as trained personnel and specialized equipment) and ensuring planning coordination among responding groups. The LEPC also collects and stores information from hazardous materials facilities, and makes that information available to the public. Local officials have the lead role in responding to hazardous materials emergencies; usually, management of incidents is the specific responsibility of the local fire department. Communities also regulate the disposal of hazardous waste and inspect hazardous materials storage areas for violations of local codes. Many communities also regulate hazardous materials traffic through specific zoning requirements.
State Role
Under Title III, each State governor must appoint a SERC. These commissions provide leadership to ensure that an emergency planning and implementation structure is developed at the local level, and review plans developed by communities. In addition, the SERCs provide training and technical assistance to local communities. In the case of an emergency which is too expensive for a local community to handle, the State may contribute resources. In general, the burden of funding for training and information management for Title III recordkeeping falls at the State and local level.
The Role of Industry
Under Title III, facilities that use hazardous materials are responsible for complying with packaging, labeling, storage, transportation, and workplace safety regulations. Additionally, industry is required to furnish information about the quantities and health effects of materials used at the plant, and to promptly notify local and State officials whenever a significant release of hazardous materials occurs. Small businesses and farmers are also included under the Title III umbrella if they use "extremely hazardous substances" in reportable quantities, as set by EPA rulemaking for the EHS list.
Community
actively involved in the emergency planning process
Strategies
for preventing or mitigating chemical emergencies
SERC
is responsible for coordinating emergency plans among districts
EPA
suggests that LEPCs test their plans to ensure effectiveness
The local role in reducing public risks from hazardous materials includes:
-Developing an emergency plan for hazardous materials incidents -Regulating hazardous materials transportation through local ordinances -Regulating safe disposal of hazardous waste
There are several ways a citizen can obtain and use this information to protect themselves during a hazardous materials incident or hazardous substance release.
-Make sure that your LEPC has been formed, and attend its meetings. Volunteer to serve on it as a citizen representative. Obtain information on the LEPC by calling the SERC, county health department, fire department, or emergency management agency. -Review and comment on the emergency response plan, and ask questions about how the emergency procedures affect you, your family, and your place of business. -Ask for information from the LEPC or SERC about hazardous materials in the community. Ask the LEPC what local facilities are doing to reduce the dangers from these materials. -Use the National Toxic Release Inventory database to obtain information on routine releases of toxic chemicals in the community. If the LEPC does not have this information, you or your LEPC can get it from a library, the SERC, or the EPA Reporting Center in Washington, DC. A citizen with a home computer and a modem can access the national database on the National Library of Medicine's computer system for a nominal fee. (For additional information on accessible computer databases, see "Computer Networks Open to the Public" in the Resources section later in this course.) -Call or visit your LEPC and ask if they have complied with the LEPC reporting requirements.
Who do you think should be invited to this initial meeting?
Among those who would be appropriate to invite are the following: the Local Emergency Planning Committee, the Mayor's office, the State Department of Natural Resources, company representatives and union officials from the meat packing plant, PTA leaders, the city attorney, fire inspection officials, and the emergency program manager.
Reporting Releases Above a Reportable Quantity (RQ)
Any person in charge of a vessel or an offshore or an onshore facility shall, as soon as he or she has knowledge of any release (other than a Federally permitted release or application of a pesticide) of a hazardous substance from such vessel or facility in a quantity equal to or exceeding the reportable quantity determined by the EPA in any 24-hour period, immediately notify the National Response Center at (800) 424-8802, in Washington, DC, and the LEPC and the SERC of such release.
Pesticides Legislation
Both the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) and the Federal Food, Drug and Cosmetic Act (FFDCA) regulate pesticides. Originally requiring mere registration of pesticides, FIFRA was amended in 1972 to require testing for short-term and long-term toxic effects prior to registration. For pesticides used on food crops, EPA establishes an upper limit on the amount of residue that can remain on food based on human tolerance levels. The FFDCA requires the Food and Drug Administration (FDA) to enforce these residue limits by monitoring and seizing foods whose residues are in excess of these standards.
The Department of Defense (DOD)
DOD manufactures, tests, and discards the full range of hazardous materials. Military installations are also a potential source of expertise on hazardous materials for local governments. DOD is responsible for maintaining manpower, equipment, and other resources for potential use in military conflict. DOD manufactures, stores, and discards the full range of hazardous materials, and is also one of the Nation's largest shippers of such materials. The Agency also conducts hazardous materials courses at five military installations, primarily for military personnel responsible for the handling and control of such substances. DOD laboratories and bases can be a source of expertise, equipment, and supplies for use in local chemical emergencies.
The Department of Energy (DOE)
DOE provides the framework for a comprehensive and balanced National energy plan through the coordination and administration of the energy functions of the Federal government. Its primary responsibilities in the hazardous materials arena involve radioactive waste generated by the nuclear weapons program or by nuclear reactors, which supply energy. DOE provides assistance in the removal and disposal of radioactive contamination, as well as in identifying the source and extent of radioactive releases. In addition, DOE conducts hazardous materials training workshops throughout the country.
The Department of Transportation (DOT)
DOT establishes the Nation's overall transportation policy. It bears the primary responsibility for issuing standards and regulations relating to the transportation of hazardous materials from State to State nationwide. (DOT regulates the shipment of hazardous materials within the United States, and between Canada, and Mexico in and out of the United States, as well as international transportation of these materials.) DOT is heavily involved in identifying safer modes of hazardous materials transport, and has significant regulatory, research and development, and training functions in this area. DOT trains and inspects carriers and shippers of hazardous materials to ensure that they are in full compliance with regulatory guidelines.
The Federal Emergency Management Agency (FEMA)
FEMA is responsible for coordinating all civil emergency planning, management, mitigation, and assistance functions of the Federal Government. Under SARA's Title III, FEMA is the primary Federal agency responsible for planning and related training for hazardous materials emergency management. This authority encompasses accidents at manufacturing, processing, storage, and disposal facilities, as well as hazardous materials in transit by highways, on water, by rail, and by air. FEMA provides resource information and technical and financial assistance to States for developing emergency plans for hazardous materials accidents and other types of emergencies, and assists State and local governments in hazardous materials training. FEMA also assists States and communities by interpreting Federal planning guidance, providing advice on plan preparation, and reviewing completed plans. Finally, FEMA is available to provide additional financial relief in the event of an incident so serious that both local and State funds prove inadequate.
Worker Exposures
OSHA sets standards for worker exposure to hazardous substances and requires that such substances bear warning labels. It also mandates that employees be given training and other information on dangers posed by chemicals, and be given instruction as to how to use these chemicals safely. OSHA has the authority to inspect a workplace to determine whether it is in compliance with these regulations. In current practice, only a worker complaint or high worker injury rates as shown in company records will trigger an actual inspection.
EPCRA requires industries that store or use certain quantities of acutely hazardous substances to report them under what conditions?
Only accidental releases of a certain quantity
The Clean Water Act (CWA)
Originally enacted in 1972, this Act envisioned recreational use of the Nation's waterways by 1983 and pollution discharges halted by 1985. The law continues to promote clean water by supporting construction of sewage treatment facilities (which are currently bearing a heavy burden in processing pollutants); supporting the preparation of water quality plans encompassing the entire Nation; and setting up a permit system restricting the amount and type of pollutants that can be discharged into the Nation's waterways. Modest fines may be imposed for illegal spills. The law is primarily designed to address point sources of pollution, paying far less attention to non-point sources such as agricultural runoff (currently estimated to be responsible for 65% of stream pollution).
What information could you gather before the meeting that may be helpful?
Prior to the meeting, you would want to request information on plant emissions from your State Emergency Response Commission and Local Emergency Planning Committee, and request other general information on plant conditions from the local fire department and the plant safety officer. In addition, you might want to research applicable standards for ammonia emissions. (The Title III "hotline" could be of some assistance.)
Why are the public health standards being revised for these two pollutants?
Recognizing that the scientific knowledge and understanding of air pollution and its effects on public health would advance over time, Congress directed EPA to review these public health standards every 5 years to ensure they are always based on the best available science. In these reviews, EPA, in consultation with an independent expert scientific review board, evaluated the latest scientific studies and research to determine whether the existing standards protect public health with an adequate margin of safety or need to be revised.
If you believe a local manufacturer is not in compliance with Title III, you should:
Report the situation to the LEPC
Assuming those you invited attended, what are some of the immediate follow-up actions that can be taken by members of the group to resolve the situation?
Some possible actions—but by no means all of the actions that could be taken—include the following: The county air quality office is asked to take measurements of air pollutants in the area and determine if there are violations of the Clean Air Act. The Local Emergency Planning Committee is asked to provide copies of the information collected under the Superfund Amendments and Reauthorization Act, and to determine if the facility is in full compliance with SARA. State natural resource officials, along with representatives of the Coast Guard and EPA, are asked to investigate the fish kills in the river and determine if there are any violations of the Clean Water Act, RCRA, and State environmental statutes. Union officials agree to ask OSHA to inspect the plant for compliance with health and safety standards. And the fire inspector agrees to check the plant for fire code violations. All of these actions are, to a great extent, made possible by citizen interest and involvement.
This Federal act addresses the problem of inactive hazardous waste sites:
Superfund
The Clean Air Act (CAA)
The CAA was passed by Congress in 1970 and signed into law by President Nixon. This Act is the basic Federal law for controlling toxic air pollution. It requires EPA to keep an up-to-date list of industrial pollutants that are hazardous to human health, and set an emission standard for each "with an ample margin of safety." Under the law, EPA prepares minimum pollution standards, and States prepare implementation plans showing how these standards will be attained. States issue permits for the release of listed pollutants into the atmosphere, and take samples to evaluate the State's air quality. Under the law, the standards must be set to "protect public health with an adequate margin of safety" and be based only upon a consideration of public health, with cost factors coming into account only during the implementation phase. EPA recently completed the scientific review for five of the six pollutants and has set new, updated standards for only two of these—ozone and particulate matter.
The Federal agency responsible for regulating hazardous materials transportation is:
The Department of Transportation
The Hazardous Materials Transportation Act (HMTA)
The Department of Transportation (DOT) has the authority to regulate the handling and interstate transportation of hazardous materials. More specifically, DOT's Office of Hazardous Materials Transportation (OHMT) issues regulations dealing with the shipping and packaging of hazardous materials, including how they are classified and labeled (both nationally and internationally). While the law enables DOT to regulate any traffic that "affects" interstate or foreign commerce, the agency has chosen to regulate only shipments of carriers engaged in interstate commerce, leaving the States themselves to regulate shipments by carriers that do not cross State lines.
Federal Role
The Federal role in reducing public risk from exposure to hazardous materials includes technical guidance, legislated standards and procedures, and providing States with access to data about chemical releases and training. FEMA has the lead role for coordinating civil emergency response planning and disaster response. FEMA's hazardous materials program is largely one of providing guidance, technical assistance, information, and training. For Title III reporting and enforcement activities, EPA is the key Federal agency: it maintains the national toxic chemical inventory, publishes regulations concerning hazardous materials, reports on the status of various emergency systems, conducts training, and assists with hazardous materials site identification and investigation.
Local emergency response plan
The LEPC is responsible for developing and maintaining a local emergency response plan that will ensure a quick and effective response to a chemical emergency. These plans provide a range of information to facilitate an effective and efficient course of action if a chemical release were to occur. Issues such as which facilities use chemicals, where the chemicals are stored, and what routes are the quickest for first-responders and evacuation are addressed by the emergency plan.
Under Title III, the primary responsibility for developing a local plan for handling accidental releases of acutely toxic substances is the responsibility of:
The Local Emergency Planning Committee
The National Oil and Hazardous Substance Pollution Contingency Plan (NCP)
The National Contingency Plan is the basis for Federal action to minimize pollution damage from discharges of oil or hazardous substances. In accordance with this law, Federal agencies assist in the development and evaluation of national, regional, and local oil and hazardous substance pollution contingency plans. This coordinated planning enables communities to prevent or lessen the harm that could accompany a hazardous materials release. The NCP covers how to identify and investigate hazardous waste sites that could potentially pose such a serious threat to public health that the situation would be considered an emergency. It also specifies how to analyze costs and evaluate the best cleanup options, and details roles and responsibilities for Federal, State, and local governments in carrying out these requirements.
The Occupational Safety and Health Act of 1970
The Occupational Safety and Health Act was enacted to assure safe and healthful working conditions for working men and women; by authorizing enforcement of the standards developed under the Act; by assisting and encouraging the States in their efforts to assure safe and healthful working conditions; by providing for research, information, education, and training in the field of occupational safety and health; and for other purposes. The purpose of this law is to assure, so far as possible, "safe working conditions" to "every working man in the country." This is accomplished by the issuing of basic safety and health standards, assigning the Occupational Safety and Health Administration (OSHA) employees to inspect workplaces, and forcing industry to reduce or eliminate job hazards by imposing fines for identified violations.
The Safe Drinking Water Act
The Safe Drinking Water Act was enacted in 1974, specifically to protect the public water supplies from contamination by mandating water testing, denying Federal funds to projects that threaten critical water supplies, and requiring States to submit plans to protect public wells from contamination. The law also has a "Right to Know" provision in which the public must be informed if certain contaminants are present in drinking water above Maximum Contamination Levels (MCLs) set by the EPA.
This act requires chemical companies to research the effects of new chemicals and notify the EPA before they are manufactured:
The Toxic Substances Control Act
The Environmental Protection Agency (EPA)
The primary mission of the EPA is to protect and enhance our environment. EPA is the lead agency responsible for carrying out Title III reporting requirements. Under Superfund and other related laws, it is the agency primarily responsible for hazardous waste site operations and Superfund site cleanup activities. EPA also conducts technical and environmental training programs related to hazardous materials, and chairs the 14-agency NRT. At the request of community officials, EPA can provide technical expertise on the full range of environmental contamination issues.
The Department of Labor (DOL)
The purpose of the Department of Labor is to foster, promote, and develop the welfare of the wage earners of the United States, to improve their working conditions, and to advance their opportunities for profitable employment in carrying out this mission. OSHA has responsibility for establishing rules and standards to ensure that occupational environments are safe for workers. As part of this function, OSHA regulates employee safety and health at hazardous waste operations, in work environments where hazardous materials are present (primarily chemical industries), or during emergency response to incidents involving hazardous materials.
THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (TITLE III)
The third part of SARA is Title III: the Emergency Planning and Community Right-to-Know Act. Prior to this law, citizens had little or no legal backing in their attempts to obtain information about toxic releases from facilities in their own communities. As the public and its Congressional representatives became more aware of the increasing use of hazardous materials and the corresponding increase in the number of accidents, pressure grew for better information at the local level. Title III seeks to provide reliable information to those who would be most affected by an accidental release of this kind: the communities located in the immediate area of industrial plants. EPA maintains an updated list that includes more than 300 extremely hazardous substances (EHS), selected on the basis of their ability to pose an immediate threat to life and health. Title III establishes requirements for Federal, State, and local governments and industry regarding local emergency planning and reporting on hazardous materials. It also provides a comprehensive framework within which Federal, State, and local governments can work together with industry to reduce risks. Title III has four major sections: Emergency planning, Emergency notification, Community right-to-know reporting requirements, Toxic chemical release and emissions reporting
The Resource Conservation and Recovery Act of 1976 (RCRA)
This law, administered by EPA, establishes a Federal program to provide comprehensive regulation of hazardous waste, which includes certain materials held to pose a potential threat to public health and safety when they are discarded. RCRA regulations provide for and maintain a hazardous waste management system that covers the generation, transportation, use, and disposal of such waste (sometimes summarized as the regulation from "cradle to grave management of hazardous waste"). Major control mechanisms include a manifest system to track hazardous waste shipments and a permit system requiring waste site owners and operators to comply with specified safety standards. While RCRA primarily regulates safety precautions at hazardous waste facilities in operation today, it also has strong provisions potentially relevant to cleanup if any part of a facility was in operation during the 1980s.
The Toxic Substances Control Act (TSCA)
This legislation was passed in 1976 to reduce the threat from new chemicals that "present or will present an unreasonable risk of injury to health or the environment." As a result, chemical producers are required to research the effects of new chemicals and notify EPA before they are manufactured. EPA has the authority to ban or restrict chemical uses if there is sufficient evidence that the substance poses an "unreasonable risk."
Title III Emergency Notification
This section of Title III requires an industry to notify the LEPC, the State, and the National Response Center if there is a release of a listed hazardous substance that exceeds a certain quantity, as specified in the November 17, 1986, issue of the Federal Register. The emergency notification must include the name of the chemical released, the quantity involved, how and into what it was released, and the health risks from exposure. This section of Title III also requires the industry to submit reports to the State and LEPC after the event that explains what actions were taken to control the release, and to provide more data on health risks and any medical attention required for victims.
Title III Community Right-to-Know Reporting Requirements
This section of Title III requires facilities to submit either a form called a Safety Data Sheet (SDS) or lists of certain hazardous chemicals on sites in amounts over threshold quantities to the LEPC, the SERC, and the local fire department. SDS formats vary considerably among providers, but all include vital information about the properties and effects of the hazardous material involved. Industry facilities must also submit inventories of the amounts and locations of these chemicals in their plants. OSHA and EPA rules specify which chemicals must be reported and at what quantity.
Title III Toxic Chemical Release and Emissions Inventory Reporting
This section of Title III requires hazardous materials facilities to inform the public about routine, day-to-day releases of chemicals. The intent is to provide information on the extent of the cumulative toxic chemical burden on the environment. More than 300 chemicals listed by EPA must be reported if they are emitted regularly. Facilities must submit toxic chemical release forms for these chemicals. This requirement applies to facilities that have 10 or more full-time employees and that are in certain types of specified industries. Facilities that use less than 10,000 pounds of a listed chemical each year are currently exempted.
Title III Emergency Planning
Title III requires that the governor of each State designate a State Emergency Response Commission (SERC). This commission generally includes representatives of public agencies and departments with expertise in environmental issues, natural resources, emergency services, public health, occupational safety, and transportation. Various public and private sector groups and associations with an interest in Title III issues may also be included in the State commission.
