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Posts Tagged CERCLA

Amalgamated Sugar settles for failure to immediately report the release of chlorine gas into the environment

Mar 30

Posted by admin in Other Regulations, Regulated Industry General Interest | No Comments

Read on for the news release from the USEPA, then read my articles that explain the reporting requirements that Amalgamated Sugar did not complete:

News Release: Amalgamated Sugar settles for failure to immediately report the release of chlorine gas into the environment

03/13/2013

 Contact Information: Hanady Kader, EPA Public Affairs, 206-553-0454

(Seattle—March 12, 2013)   The U.S. Environmental Protection Agency (EPA) reached a settlement with Amalgamated Sugar Company LLC (Amalgamated Sugar) for failing to properly report the release of dangerous chlorine gas at its Paul, Idaho facility.  Amalgamated Sugar, a sugar manufacturing facility that processes sugar beets, will pay $18,000 in penalties.

According to the settlement, plant operators did not immediately notify federal and state authorities about the chlorine gas release.

“Companies need to notify the appropriate agencies right away so emergency personnel can quickly respond to these hazardous chemical releases,” said Ed Kowalski, Director of EPA’s Office of Compliance & Enforcement in Seattle. “Failure to do this puts not only employees, but the community at risk.”

The release on February 7, 2012, was caused when a chemical truck driver mistakenly unloaded hydrochloric acid into the tank containing sodium hypochlorite. When mixed, the chemicals caused a violent reaction which blew the access lid off the tank, emitting 43 pounds of chlorine gas into the atmosphere.  According to Amalgamated Sugar, the driver was injured and evacuated by ambulance. The company’s notification to state and federal authorities was over 46 hours late.

Chlorine is a toxic gas that attacks skin, eyes, throat, and lungs and can cause serious injury or death in extreme cases.

The chlorine release and the failure to notify appropriate agencies are violations of the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the Emergency Planning and Community Right-to-Know Act (EPCRA).

For information on EPA’s Emergency Planning and Community Right to Know Act, visit  http://www.epa.gov/oecaagct/lcra.html

For more about toxic effects of Anhydrous Ammonia (NIOSH GUIDE): http://www.cdc.gov/niosh/npg/npgd0115.html

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Reporting Releases of Hazardous Substances and Extremely Hazardous Substances

Jul 4

Posted by admin in Other Regulations | No Comments

A release of a Hazardous Substance above the RQ at your facility or during transportation must be reported to the applicable Federal, State, and local emergency response agencies.  To perform the required reporting it is necessary to understand the two separate Acts/regulations that created them and their inter-relation.

The Comprehensive Environmental Response, Compensation, & Liability Act (CERCLA) also known as Superfund, passed in 1980 created a list of Hazardous Substances along with threshold amounts in lbs/kg that triggered reporting if released into the environment in a 24 hour period.  EPCRA (The Emergency Planning and Community Right to Know Act) was passed in 1986 in the wake of the release of a toxic pesticide in Bhopal, India that killed thousands of people.  The purpose of EPCRA was to increase the public’s access to information about the hazardous substances that are or had the potential to be released to the environment.  It also created a list of Extremely Hazardous Substances with their own reporting thresholds and expanded the notification process in the event of a release of a Hazardous Substance (which continued to be regulated under CERCLA as well).

This 1-2 punch of legislation created two sets of regulations that, at times, overlap in their reporting responsibilities.  In the event of a spill or release – either on your property or off – you must be aware of your reporting responsibilities under the applicable regulations.

The table below outlines and summarizes the regulations of CERCLA found at 40 CFR 302 and EPCRA found at 40 CFR 355.

Legislation:

CERCLA – The Comprehensive Environmental Response, Compensation, & Liability Act

aka:  Superfund

EPCRA – The Emergency Planning and Community Right to Know Act.

aka:  Title III of SARA (The Superfund Amendment and Reauthorization Act).
Date legislation passed:

1980

1986
The regulations:

40 CFR 302

40 CFR 355
Administrative agency:

US EPA

US EPA
1.       Must report releases of:

Hazardous Substances

Hazardous Substances

and

Extremely Hazardous Substances
2.       Identified at:

Table 302.4 of 40 CFR 302

Table 302.4 of 40 CFR 302

and

Appendices A & B of 40 CFR 355
3.       When a release is:

Equal to or greater than the Reportable Quantity (RQ) in a 24 hour period.

Equal to or greater than the Reportable Quantity (RQ) in a 24 hour period.
4.       Must immediately notify:

The National Response Center

 Community emergency coordinator for the Local Emergency Planning Committee (LEPC) of any area likely to be affected by the release.  Notify relevant local emergency response personnel if no LEPC.

and

State Emergency Response Commission (SERC) of any State likely to be affected by the release.
 5.       Form of immediate notification must be:

Phone:  800.424.8802

(202.267.2675 in Washington DC)

or

Fax:  202.267.1322

Per 40 CFR 302.6

Oral with information required by

40 CFR 355.40(a).
6.       Immediate notification must be made by:

Owner, operator, or person in charge.

Owner, operator, or person in charge.
7.       Follow-up notification must be:

None required.

Written as soon as practicable after the release with information required by 40 CFR 355.40(b).
If release occurs during transportation or storage incident to transportation:

Same

Notify the 911 operator, or regular operator if 911 not available, immediately with information required by 40 CFR 355.40(a).

A written follow-up notification is not required in this situation.
Releases exempt from notification requirements:
  1. Releases of radionuclides meeting the criteria identified at 302.6(c).
  2. RQ releases of solid particles of antimony, arsenic, beryllium, cadmium, chromium, copper, lead, nickel, selenium, silver, thallium, or zinc is not required if the mean diameter of the particles released is >100 micrometers (0.004 inches).
  3. Releases in amounts <1,000 lb/24 hrs of nitrogen oxide, or nitrogen dioxide to the air which are the result of combustion and combustion-related activities [see 302.6(e)(1-2)].
  4. Release to the air of any hazardous substance from animal waste at farms [see 302.6(e)(3)].
  1. Release results in exposure to persons solely within the boundaries of your facility.
  2. Release that is a federally permitted release as defined in Section 101(10) of CERCLA.
  3. Release of a pesticide product that is exempt from reporting under Section 103(e) of CERCLA.
  4. Release that does not meet the definition of release under Section 101(22) of CERCLA and is therefore exempt from CERCLA Section 103(a) reporting.
  5. Radionuclide release that occurs in accordance with 355.31(e).
  6. Release less than 1,000 lb/24 hr of nitrogen oxide or nitrogen dioxide to the air which is the result of combustion and combustion related activities.
  7. Releases to the air resulting from animal waste at farms meeting the criteria of 355.31(g) and (h).

So in the event of a release of a substance above the RQ in a 24 hour period…

  • If it appears only on the CERCLA list (aka:  Hazardous Substance), you must complete the reporting requirements of both CERCLA and EPCRA.
  • If it appears on both the CERCLA list (aka:  Hazardous Substance) and the EPCRA list (aka:  Extremely Hazardous Substance), you must complete the reporting requirements of both CERCLA and EPCRA.
  • If it appears only on the EPCRA list (aka:  Extremely Hazardous Substance), you must complete the reporting requirements of EPCRA only.
Depending on the type of material released (oils, hazardous wastes, etc.), the location of the release, and the environment the material is release into, you may have other reporting responsibilities under the Clean Air Act, Clean Water Act, The Resource Conservation and Recovery Act, The Hazardous Materials Transportation Act, and more.  Carefully research your potential reporting requirements based on the conditions found at your facility.

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The Notification Requirements for a Release Under CERCLA and EPCRA

Jul 4

Posted by admin in Other Regulations | No Comments

Both CERCLA and EPCRA require you to report a release of a Hazardous Substance or Extremely Hazardous Substance above its Reportable Quantity (RQ) in a 24 hour period.  You can read all about those requirements here.

Notification takes two forms:

  • Immediate notification by owner, operator, or person in charge to the NRC, LEPC, and SERC.
  • Written follow-up notification(s) to LEPC and SERC “as soon as practicable after the release“.

What is meant by immediate?  And what is meant by:  ”as soon as practicable after the release“?  This article will shed some light on these very important requirements. Read the rest of this entry »

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Cradle to Grave Under RCRA and CERCLA

Feb 27

Posted by admin in Other Regulations, RCRA Hazardous Waste Regulations | No Comments

RCRA – the Resource Conservation and Recovery Act – was passed in 1976 to amend the Solid Waste Disposal Act of 1965 and to address a growing national concern over the improper management and disposal of both hazardous and non-hazardous waste.  Subtitle C of RCRA established a system to manage by regulation a hazardous waste from its moment of generation through transportation to its treatment, storage, and finally, disposal.  The name for this comprehensive management system is:  Cradle to Grave.

  • Point of Generation = “Cradle”
  • Transportation to Treatment, Storage, or Disposal = “to”
  • Treatment, Storage, and Final Disposal = “Grave”

While RCRA regulates the generation, transportation, and disposal of hazardous waste, it also has the authority to clean up hazardous waste from active facilities.  RCRA does not, however, have the authority to address the problem of hazardous waste at inactive or abandoned sites or those resulting from emergency response to spills.  Enter CERCLA.

CERCLA – the Comprehensive Environmental Response, Compensation and Liability Act of 1980 – aka:  Superfund, was created to address the problem of hazardous waste and hazardous substances at inactive or abandoned sites or those resulting from emergency response to spills.  It was amended by the Superfund Amendments and Reauthorization Act (SARA) of 1986.  Upon a site becoming subject to its regulations (ie. a Superfund Site), CERCLA imposes liability on parties responsible for, in whole or in part, the presence of hazardous substances at a site.  In other words, if you had anything to do with a hazardous substance ending up at a Superfund Site, either by transporting it their yourself or by contracting with others to do it for you, you have the potential to be identified as a Potentially Responsible Party (PRP) and be held responsible for the entire cost of cleaning up the site.  CERCLA’s authority in these matters is broad and has been upheld by the courts.

A generator of hazardous waste must know about CERCLA/SARA as well as RCRA because CERCLA has the authority to force a generator to clean-up a polluted site or scene of an emergency response spill if that generator ever sent any of its hazardous waste to that site.  But it goes further.  CERCLA regulates hazardous substances, not just hazardous waste.  The definition of a hazardous substance includes a hazardous waste, but it also includes 800 other hazardous substances listed in 40 CFR 302.4.  Many non-hazardous wastes, recycled materials, and de-regulated hazardous wastes (Universal Waste, Used Oil, etc.) contain hazardous substances, which includes:

  • Copper and Copper Compounds
  • Lead and Lead Compounds
  • Mercury and Mercury Compounds
  • Zinc and Zinc Compounds
  • And many more

So, every time you arrange for disposal of a hazardous waste by recycling, treatment, or disposal, you are opening up the potential for clean-up of a site under CERCLA or RCRA.  Every time you dispose of a non-hazardous or de-regulated hazardous waste – even scrap metal for recycling – you are opening up the potential for clean-up of a site under CERCLA if it contains a hazardous substance.  This responsibility exists even if your waste has been re-manifested by a third party prior to its disposal.  You can read more about the Superfund Program here.

What can you do?

  1. Accept that some risk is the cost of doing business.
  2. Do everything you can to eliminate the generation of waste.
  3. Ensure you are familiar with the regulations that apply to your operations and adhere to them.
  4. Perform “due diligence” of any facility to which you ship your waste for disposal, treatment, or recycling to ensure they are in compliance with the regulations and that they have measures in place to protect you from future liability such as a large cash reserve or sufficient insurance coverage.

At my training events I address all of the above while meeting the RCRA training requirements for Large and Small Quantity Generators of hazardous waste.  Contact me to discuss your training needs or review my training schedule to find a date and location near you.

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EPA Finalizes Agreement to Begin First Phase of Newtown Creek Superfund Cleanup

Jul 21

Posted by admin in Compliance and Enforcement, RCRA Hazardous Waste Regulations | No Comments

Superfund is the common name for the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980.  This law was designed to create a mechanism and funding source for the cleanup of sites contaminated with hazardous substances.  In many cases, such as this one, the contaminated site was a landfill or some other waste disposal site.  Several importanthagnes were made to CERCLA with the passage of the Superfund Amendments and Reauthorization Act (SARA) of 1986.  These changes included an increase in funding and the use of new technologies for studies.

Five private firms and the City of New York were identified as PRP’s – that is Potentially Responsible Parties – for this site. They are responsible to conduct an investigation of the site under EPA’s oversight, pay EPA $750,000 for its previous work at the site, and reimburse the Agency for any oversight costs. A PRP is an entity that has been identified as a potential contributor to the contamination and may be held liable for the cleanup of a contaminated property. PRP’s may include:

  • The current owner or operator of the site.
  • The owner or operator of a site at the time of disposal of any hazardous substance.
  • A person who arranged for the disposal or treatment of a hazardous substance at the site. Or, arranged for transportation of a hazardous substance to the site.
  • A person who transported a hazardous substance to a site they selected.

While the first two bullet points may preclude you from ever buying a landfill or treatment facility, the last two should be a wake-up call to a facility that ships any waste, but especially hazardous waste, off-site for disposal. A generator of hazardous waste may be responsible under Superfund even if its disposal was in compliance with the Resource Conservation and Recovery Act (RCRA) regulations at the time. Approximately 70% of Superfund cleanup activities have been funded by PRP’s.

I cover topics such as selection and auditing of a waste generator’s Transfer, Storage, and Disposal Facility (TSDF) in my public training events. I also include EPA guidance on auditing TSDF’s and a hardcopy of a TSDF audit form as part of the training materials provided to attendees. Much more information of a very practical and useful nature is provided as well as fulfilling the EPA training requirements found at 40 CFR 262.34(a)(4) and 40 CFR 265.16.

The second half of the day’s training fulfills the triennial training requirements of the U.S. Department of Transportation for HazMat Employees. I guarantee you will find this day of training useful and informative.

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