INCIDENT NOTIFICATION WHO YOU GONNA CALL? Environmental Conference June 4, 2012

When to Call Spills, Releases, Emergencies Ditches, Culverts, Stormwater Drains, Wastewater Drains, Atmosphere Anything that leads to ‘waters of the state’ and/or off the property Chemicals, Oils, Fuels, Ingredients, Gases Immediately, Immediately, Immediately

Who to Call (External) National Response Center State Environmental Response Center LEPC Fire Department Coast Guard POTW Water and Sewer Authority

Who to Notify (Internal) Environmental Coordinator Subsidiary Coordinator Plant Engineer Plant Manager Plant Security Smithfield Foods Environmental Affairs Smithfield Foods Legal

Use the System Login Report an Incident Provide what info you can Link to guidelines for reference Keep distribution up to date

What to Know What material was spilled/released What time was the incident discovered Any injuries Where did the material go Facility address Who (by name) you called & when Any tracking numbers you are given Quantity can come later

Penalty Exposures Under CERCLA/EPCRA Depends on amount, and significant penalty exposure begins after 15 minutes from discovery of the release $32,500 exposure per violation depending on timing and amount of release

Penalty Exposures Under CERCLA/EPCRA Four potential violations (notifications to NRC, SERC, LEPC, written follow up) Do the math - $130,000 possible per incident Aggravating factors – if the Company is determined to have prior violations, penalties can be tripled More math - $390,000 per incident

Examples: EPA Consent Decree Entered, and Civil Penalty of $17,875 paid, for delay in contacting SERC of 3 hours. NRC and locals notified promptly. Difficulty experienced in contacting subsidiary coordinator. CANNOT RELY ON SUBSIDIARY COORDINATOR TO MAKE CALLS – MUST BE MADE IMMEDIATELY BY FACILITY PERSONNEL.

Examples: EPA Consent Decree Entered, and Civil Penalty of $83,000 (delayed reporting of four hours to NRC, delayed reporting to state, and failure to notify local authorities); claim that should have notified neighboring county too, based on proximity MUST CALL ALL AGENCIES, EVEN IF THEY SAY IT IS NOT NECESSARY.

Examples: Criminal investigation for delay in reporting to NRC and failure to report to State and Locals for approximately one week; MUST REPORT IMMEDIATELY EVEN IF THE QUANTITY IS UNKNOWN IF IT COULD BE OVER 100 LBS., IF YOU DO NOT HAVE THE EXACT NUMBERS; CAN FOLLOW UP WITH THE SPECIFICS

Takeaways When in doubt, CALL Contact ALL agencies LIST and POST all contact numbers Notifications must be IMMEDIATE IMMEDIATE means less than 15 minutes Use a WRITTEN procedure and form TRAIN, TRAIN, TRAIN

Environmental Affairs 4 Emergency Release Reports and Environmental Incidents: Follow-up with Environmental Affairs In accordance with federal, state, and local regulations, facilities are required to make immediate reports to the government of specified spills, releases, or other emergencies. Each facility manager and/or designated subsidiary environmental manager is responsible (a) to ensure that his or her staff is familiar with the release report requirements, (b) to develop a comprehensive written release report procedure with includes appropriate National Response Center, state environmental release report, and local environmental release report contact information, and (c) to follow through with that procedure for each required release report. At a minimum, such procedures shall include prior planning for releases for all hazardous substances handled at the facility, including evaluation of circumstances likely to cause a release of reportable quantities. Environmental Affairs and the Legal Department will be available to assist the subsidiary environmental personnel in determining the reporting requirements in general and in response to particular incidents if needed. After the notification to government agencies has been completed, subsidiary environmental personnel are expected to promptly notify Environmental Affairs and any designated subsidiary environmental manager of reportable releases. In the event of significant spills, discharges, or other incidents that may not be required to be reported to government agencies, subsidiary personnel should take appropriate steps to ensure the safety of any individuals that might be affected and initiate appropriate steps to address the immediate issue, and then as soon as possible contact Environmental Affairs. Smithfield Foods, Inc. Environmental Affairs Guidelines June 30, 2004