GW Lupton, Management Analyst Risk Management Planning Unit State Emergency Response Commission Risk Management Plan: Protecting the Community Florida Division of Emergency Management Florida Accidental Release Prevention and Risk Management Planning (ARP/RMP) Act

Risk Management Program Overview Purpose of Section 112(r) and the Risk Management Program Requirements Facilities Typically Regulated Under Risk Management Program Risk Management Program Elements Program Level Screening What we do different Division’s Inspection Selection Criteria and Process Inspection Process and typical findings and Enforcement

Federal Actions - Background Information 1984 Releases of methyl isocyanate kills more than 2,000 people in Bhopal, India As part of its Air Toxics Strategy, EPA initiates the Chemical Emergency Preparedness Program (CEPPO).

Federal Actions - Background Information (cont’d) 1986 Emergency Planning & Community -Right-To-Know Act (EPCRA), Superfund Amendments and Reauthorization Act of 1986 Aka SARA/Title III States must establish State Emergency Response Commissions (SERCs) and Local Emergency Planning Committees (LEPCs) Covered facilities must provide site information to SERCs, LEPCs and local fire departments for emergency planning and public. Development of the Toxic Release Inventory (TRI) to characterize pollutants emitted from covered facilities. Emergency notification requirements for accidental releases of certain hazardous substances.

Federal Actions - Background Information (cont’d) The resulting regulations that EPA adopted in accordance with Section 112(r) are the Chemical Accident Prevention Provisions (CAPP) found in 40 Code of Federal Regulations, Part 68. CAPP lists the regulated substances and their thresholds. The CAPP is commonly referred to as the Risk Management Program

Purpose of Section 112(r) and the Risk Management Program Requirements To reduce & prevent accidental chemical releases. To reduce the severity & minimize the consequences of chemical releases. To improve coordination & communication between regulated facilities & local emergency preparedness & response agencies to improve emergency response.

Facilities Typically Regulated Under RMP Drinking water treatment plants Wastewater treatment plants Food and cold storage facilities Ammonia retailers Chlorine repackaging and distributors Chemical manufacturers Utilities Petrochemical facilities Pulp mills Fertilizer producers Swimming pool service/supply businesses Military, energy installations (mostly federal facilities)

Overview of Risk Management Program Requirements If facilities use, store, manufacture, or process substances on the Section 112(r) list above Threshold Quantity (TQ), must develop and implement a Risk Management Program. Section 112(r) Listed Chemicals - 77 Toxic Substances & 63 Flammable Substances. Most Common Risk Management Program Chemicals in Florida - Ammonia, Chlorine, Sulfur Dioxide, Hydrochloric Acid, Hydrofluoric Acid, & Nitric Acid. Requirements & Complexity vary based on Program Level of Process.

Program Level Screening for Regulated Processes Regulated processes assigned to one of three program levels, based on:  Potential for off-site consequences  Accident history  OSHA Process Safety Management (PSM)  Within certain Standard Industrial Classification (SIC) Codes identified as having significant accident history. Program Level 1 - no offsite impacts Program Level 2 - streamlined prevention program (7 components) Program Level 3 - full RMP program (12 components)

Submission of Risk Management Plan After developing a facility’s Risk Management Program it must be submitted to the U. S. Environmental Protection Agency through the RMP* E S ubmit The Risk Management Plan, includes information of all the requirements of the Risk Management Plan

Management of Risk Document Risk Document when solution should be implemented by Document when solution was implemented

What Florida Does Different Compile information from the EPA data-base and WEB HMIS to form a “RMP Tracking Data-base”. The single Data-base allows for quick reference. Yearly inspection selection based on; oldest date of last inspected, and never inspected facilities. Tracks Fee scheduling and collection process Identifies High Risk facilities Identifies RMP anniversary dates for Outreach Program

RMP Overdue Outreach Program Starts with RMP Tracking Database Identifies facility anniversary dates two years out Three months prior to anniversary date call facilities Monitor EPA data base (CDX), for overdue facilities, and call facilities monthly for follow-up after due date Changes and RMP Resubmit are both certified, changes do not change overdue status.

Previous and current accident history of facility Failure to Resubmit RMP in a timely manner (over six months) Facility location & proximity to population centers Chemical & quantities of Program-regulated chemicals on-site Compliance with or inspection by allied agency programs High Risk and Results of compliance audits Neutral, random oversight, and never been inspected Other factors deemed necessary to protect public safety & health. Inspection Selection Criteria

Overview of the Division’s RMP Inspection Process Basic “Desk Audit” Focuses on the data contained in EPA data base (also complied with prior to on-site inspection) Prior to On-Site Inspection “Document Audit” this is a review of facility hard copy plan. On-Site Compliance Inspection is a complete look at the facility and the hard copy plan.

On-site inspection activities - Focus on Risk Management Program Plant Tour of facility’s process chemicals & operations. Interview facility representatives. Review of facility operations, procedures, supporting Risk Management Plan documentation, etc. Adequacy & completeness of Risk Management Program documentation. Development & implementation of required Risk Management Program elements. Emergency Response - Coordination with local response agencies. Document findings - “On-Site” Inspection Checklist. RMP Inspection Process (cont...)

Prior to site Inspections: Send Inspection notification letter requesting Risk Management Plan supporting documentation. Request for process hazard analysis, training records, incident investigation reports, emergency response plan, compliance audit reports. Use “Documentation Review / On-Site” Inspection Checklist. Review of supporting documentation. This approach reduces time on-site. Helps determine focus of Inspection visit. Schedule date(s) for on-site Inspection. Send notification of on-site Inspection. RMP Inspection Process (cont...)

General On-Site Inspection Findings: WTPs & WWTPs Ammonia refrigeration Chlorine & Other Chemical Repackagers Inadequate documentation, development, and/or implementation of one or more prevention program components. “Bookshelf” & Generic Programs. Good program, but not implemented. Many facilities complying with technical aspects of program, but documentation incomplete.

Specific On-Site Inspection Findings Hazard Assessments - Not available onsite; Incorrect modeling parameters, no rational for selection of release scenarios Incorrect program level status Program Level 1 - Public receptors were identified within endpoint distances. Program Level 2 - Refrigeration facilities subject to OSHA’s PSM. Most deficiencies to date pertained to: Mechanical Integrity Operating Procedures Training Program PHA

Specific On-Site Inspection Findings: Mechanical Integrity - PM protocols not developed or implemented. Inspection and testing not performed. Minimal record keeping. Operating Procedures - Operating phases, limits not addressed. Mostly emergency shutdown & assignments. Not Certified Training Program - Operator & Maintenance training and tracking incomplete. Documentation of how employees understood training. Process Hazard Analysis - incomplete hazard ID (such as hurricanes, over pressurization, equipment failure, human error, etc.) -no follow-up on action items

Specific On-Site Inspection Findings: Management of Change & Pre-Startup Safety reviews and Employee Participation not performed. Contractor Safety Program - Non-existent. Not implemented Compliance audit has not been completed or action items have not been implemented Emergency Response Program - Not coordinated with local responders. Procedures for ER equipment use & inspections not documented. Inadequate training.

Risk Management Program Inspection Team - Usually 2 persons Local Emergency Planning Committee Staff Contact invited to accompany team. Inspection agenda & assignments ed prior to visit date. Opening meeting (Inspection purpose/objectives, safety issues) Tour of facility’s regulated chemicals and processes. Review Risk Management Program supporting documentation. Interview facility representatives. Exit briefing (findings, identified deficiencies, recommendations, schedule for inspection report, schedule for corrections, copy of inspection checklist). What to Expect During an On-Site Inspection?

Granted a thirty day grace period for corrections After 30 days the Division issues Preliminary Determination Report which includes inspection team’s observations, findings, and recommendations. Preliminary Report Identifies deficiencies to be corrected. Preliminary Report identifies revisions to Risk Management Plan Preliminary Report includes a timetable for correcting deficiencies, and or, revising Risk Management Plan. What to Expect After an On-Site Inspection?

What to Expect After an On-Site Audit? (cont...) Facility Response to Inspection Report Usually allow days for corrections and revisions. Written request for extension prior to deadline date, if needed. Upon receipt of corrections and revisions, the Division issues:  Final Determination Report – If corrections are complete.  Interim Inspection Report - If corrections are incomplete.

Role of the Local Emergency Planning Committees (LEPCs) LEPCs support the Emergency Planning and Community Right to Know Act (EPCRA) by using the data collected on Tier II’s to develop hazardous materials emergency plans used for responding to and recovering from releases or spills of hazardous or toxic substances They also conduct Hazard Analysis for facilities within their districts

Questions?

Available Technical Assistance and Resources Contact the Division’s Risk Management Planning Program staff at: (850) (800) (Florida only) Florida’s RMP Program web page for state & federal requirements, audit checklists, step-by-step guidelines. Guidance documents, model RMP plans, other RMP resources also available from EPA