Denise Imbler, Program Administrator

Florida Hazardous Materials Planning and Prevention Program

850-413-9916

Florida Hazardous Materials Planning and Prevention Program

Includes:Emergency Planning and Community Right-to-

Know Act (EPCRA) aka Title III Superfund Amendments and Reauthorization Act (SARA), and;

Section 112(r) of the Clean Air Act - Risk Management Planning (RMP) Program

Housed in the Division of Emergency Management at the Department of Community Affairs

EPCRA History

• 1984 - 3,000 People killed 3,000 permanently injured in release at Union Carbide facility in Bhopal India

• 1986 - U.S. Congress passes EPCRA aka Superfund Reauthorization Act - SARA Title III

• 1987 - Establishment of Florida SERC and Florida LEPCs

• 1988 - Florida Legislature passes the Florida EPCRA (Chapter 252, Part II F.S.)

Sections 302/303 Facility Notification

Extremely Hazardous Substances (EHSs) at or above Threshold Planning Quantity (TPQ) • Written notification to SERC and LEPC

within 60 days • 356 Listed EHSs With Designated TPQs -

Common EHSs:– Chlorine– Ammonia – Sulfur Dioxide

Sections 311/312

• Section 311 – one time filing of material safety data sheets (MSDS) or a list of chemicals and their hazards

• Section 312 – Annual Tier II reporting of chemicals stored/used on-site over the TPQ

Section 304Emergency Release Notification

• Requires certain releases to be reported

1. EHSs; and

2. Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) hazardous substances

List of chemicals found in the Title III Consolidated List of Lists, updated October, 2001 found online at: http://www.epa.gov/swercepp/ep-epre.htm

Section 304 Reporting Requirements

Immediate Notification to Florida State Warning Point (SWP) required by the facility owner or operator if:– Release Meets or Exceeds the RQ and; – Release has potential to expose offsite population– “Immediate” means within 15 minutes of discovery of the

release– SWP notification at (800) 320-0519 or (850) 413-9911

satisfies federal notification requirement to the SERC and LEPC

– CERCLA Releases must be reported immediately to SWP and the National Response Center at (800) 424-8802

– Written Follow-up Notification to SERC and LEPC“As soon as practicable”

CERCLAFederally Permitted Release

CERCLA Section 101 (10) (H) definition:Any emission into the air subject to a permit or

control regulation under section 111, section 112, title I part C, title I part D or SIP submitted in accordance with section 110 of the CAA.

Permitted air releases of of NO and NO2 that are subject to limits for NOX are considered CERCLA federally permitted releases.

Ozone (VOC), PM and NOX

A facility is in compliance with a CAA permit which contains emission limits for VOCs and PM, but is not subject to NESHAPs, are the hazardous substances that are also either VOC or PM, CERCLA federally permitted releases?

Yes, if the permit limits or controls include conditions that control (limit or eliminate) the release of the hazardous substance.

Continued

The key is to consider whether the federally enforceable permit limits and control regulations, when considered together, provide direct or indirect control of a designated hazardous substance or EHS, resulting in limiting or eliminating releases.

NOX - Exemption

If a facility is in compliance with a federally enforceable permit limit for NOX issued under Title I of the CAA, releases of NO and NO2, equal to or greater than the RQ qualify for the federally permitted release exemption.

Minor Sources

If NESHAP, SIP or other CAA permitting requirements are not applicable because emissions are below thresholds, releases that comply with any federally enforceable technology requirements, operational requirements, work practices or other control practices would meet the federally permitted release definition.

Waivers

A hazardous release subject to a waiver under the CAA section 111, qualifies as a CERCLA federally permitted release.

Start Up and Shut Down

If you are operating under an approved start-up/shut down plan which contains federally enforceable procedures which limit or control your releases, then an anticipated release which occurs (that is not from an accident or malfunction) qualifies as a federally permitted release.

(See 40 C.F.R. 63.6(e)(3).

Continuous Releases

A release which occurs without interruption or abatement and is stable in quantity and rate or is routine, anticipated, intermittent and incidental to normal operation or treatment processes.

To qualify, facility must establish basis for asserting that the release is continuous.

Notification for Continuous Releases

1. Initial telephone call to the NRC and SERC.2. Written notification to EPA Region IV and

SERC within 30 days of initial telephone call3. Written follow-up report to the EPA Region

IV Office one year after initial written notification.

4. Notification of changes in the source or composition of the release

5. Immediate reports for any statistically significant increase (SSI) in the release to the NRC and SERC

Section 304 – When to Notify

When is notification necessary?

• 1. An unanticipated release – from accident or malfunction

• 2. In excess of a permit limit or control regulation

• 3. Release from an emergency release valve (this is considered an avoidable release)

• 4. Release from a grandfathered source, not subject to CAA permits or control regulations

• 5. Release from a source not subject to federally enforceable CAA permit or control regulation

Burden of Proof

“Each facility is responsible for determining whether its hazardous substance and EHS releases qualify for the notification exemption in light of the particular CAA requirement that apply to the facility.”

NO and NO2 Reporting Requirements

EPA will be moving forward with a proposal for reporting exemptions for certain NO and NO2 air releases which could result in those releases not being required to be reported under CERCLA 103 and EPCRA 304.

EPA will exercise enforcement discretion until this process is complete.

Contact Information

• State Office – 800-635-7179 or

850-413-9970

• EPCRA Hotline (EPA) – 800-424-9346

• State Warning Point – 800-320-0519 or 850-413-9911

• National Response Center – 800-424-8802• http://www.epa.gov/swercepp/ep-epre.htm