ISAT 422: Environmental Management Disasters and Right to Know n Unlike OSHA, focus is on non-employees – Neighbors in community – Emergency responders – Public at large

ISAT 422: Environmental Management TSCA – Toxic Substances Control Act n 1976 (amended 1986 for asbestos, 1988 for radon, 1992 for lead) n Regulates manufacture &c of chemicals n Gather basic information on chemical risks n Hazard warning labels up to ban n Weigh risks vs. benefits

ISAT 422: Environmental Management TSCA (cont’d) n Excludes – Pesticides (FIFRA) – Tobacco (BATF) – Nuclear (NRC) – Food/Drugs (FDA) – Guns (BATF) n Manufacturers vs. Processors n Procedure on pg. 503 n Recordkeeping

ISAT 422: Environmental Management EPCRA/SARA Title III n Emergency Planning and Community Right-to-know Act n 1986 n Stand-alone bill added to SARA (Superfund Amendments and Reauthorization Act, which was currently in front of Congress) n Triggered by Bhopal and Institute, West Virginia

ISAT 422: Environmental Management 311: Emergency coordinator n Applies to companies in 20 industries (designated by Standard Industrial Classification, SIC, codes) n Requires designation (in writing) of an Emergency Coordinator to cooperate with Local Emergency Planning Committee (LEPC).

ISAT 422: Environmental Management 311 (cont’d) n Requires sending of list (or usually MSDSs) of 312 materials to the LEPC, fire department, and State Emergency Response Commission (SERC)

ISAT 422: Environmental Management 312: Tier I/II Reporting n Annual reporting (March 1) to LEPC, fire dept, and SERC of chemical products stored on-site in greater than threshold quantities

ISAT 422: Environmental Management 312 (cont’d) n Reportable quantity means, for any CERCLA hazardous substance, the amount that, if released to the environment within a 24-hour period, must be reported to the National Response Center n Reportable quantities are established in Table of 40 CFR part 302, for such substance. The default reportable quantity is one pound.

ISAT 422: Environmental Management 312 (cont’d) n Threshold planning quantity means, for any extremely hazardous substance listed in appendices A and B, the quantity listed in the column “threshold planning quantity” for that substance. n If total storage is in excess of TPQ, then 40CFR355 (Emergency Planning and Notification) applies.

ISAT 422: Environmental Management 312 (cont’d) n Uses Tier I/Tier II form (or local variant) – Tier I presents info on aggregated chemical groups, while Tier II is on individual substances – Tier II may be submitted in lieu of Tier I – Tier I required annually (March 1), & Tier II can be requested by LEPC &c, and then must be provided within 30 days (so usually just submit it to begin with)

ISAT 422: Environmental Management 313: Form R, Toxics Release Inventory n Toxic Chemical Release Inventory Report (via “Form R”) n Annually on July 1 n Reports releases of “toxic chemicals” reasonably expected to cause adverse human health effects or significant adverse effects on the environment n Complicated applicability criteria

ISAT 422: Environmental Management CAA 1990: Risk Management Plan n Section 112 of the CAA of 1990 addresses accidental release of toxics into the atmosphere n Implementation by EPA (see 40 CFR Part 68) n Provides a “general duty” notion that facilities must – Identify hazards from releases – Design and maintain a safe facility, and – Minimize consequences of release

ISAT 422: Environmental Management RMP n Applies to certain listed chemicals, based on threshold quantities specific to each – E.g. chlorine is 2500 lbs, arsine is 1000 lbs n Stationary sources (but this includes parked transportation containers)

ISAT 422: Environmental Management Major Provisions n Provide for accidental release detection and prevention – 112(r)(7)(B)(i) n Develop a Risk Management Plan providing government and the public with assessments and planned actions – 112(r)(7)(B)(ii) n Submit and audit the RMP – 112(r)(7)(B)(iii)

ISAT 422: Environmental Management n CSB Disc one, #4: Emergency in Apex