HAZARDOUS MATERIALS DISCHARGES, EMERGENCY RESPONSE MANAGEMENT COMMUNITY RIGHT-TO-KNOW

HAZARDOUS MATERIALS DISCHARGES, EMERGENCY RESPONSE MANAGEMENT COMMUNITY RIGHT-TO-KNOW How these topics are applied to HM storage facilities. Ordinance requirements for each topic. Regulatory requirements upon which the ordinance is based (and incorporated by reference in some cases). Definitions related to these topics. GM LP #5 OH # 1

SELECTED DEFINITIONS CERCLA Comprehensive Environmental Responsibility, Compensation, and Liability Act, 42 USC 9601. Commission As used in 40 CFR 355 and 40 CFR 370, refers to State Emergency Response Commission (SERC) Committee As used in 40 CFR 355 and 40 CFR 370, refers to the local emergency planning committee (LEPC) ERP Emergency Response Plan. Extremely Hazardous Substance A substance so designated by US EPA and listed in 40 CFR 355, Appendices A and B. GM LP #5 OH # 2

SELECTED DEFINITIONS-2 MSDS Material Safety Data Sheet, as defined by 29 CFR 1910.1200 Primary Containment First level of containment, i.e. inside portion of container which comes into immediate contact with HM Secondary Containment Containment external to and separate from primary containment. Reportable Quantity The quantity specified in the 49 CFR 172.101, Appendix A Tables for each of the materials listed in one of the Tables. Threshold Planning Quantity (TPQ) A quantity set by EPA for each extremely hazardous substance listed in 40 CFR 355, App A & B. TPQ is the quantity listed in the column threshold planning quantity'', for each such substance. GM LP #5 OH # 3

SELECTED DEFINITIONS-3 Recordable Unauthorized Discharge means an unauthorized discharge which meets all of the following criteria: discharge is from a primary containment to a secondary containment or to a rigid above-ground surface covering, capable of containing the discharge until cleanup of HM is completed; and permittee is able to clean up unauthorized discharge before it escapes from secondary containment, and in less than four hours; and there is no increase in or explosion hazard; no production of a flammable or poisonous gas, no deterioration of secondary containment or rigid above ground surface covering. Unauthorized Discharge means a release or emission of any HM in a manner which is not in accordance with Ordinance, regulations of TNRCC or EPA, a NPDES permit, or waste discharge pretreatment requirements for POTWs GM LP #5 OH # 4

SELECTED DEFINITIONS-4 TNRCC Texas Natural Resources Conservation Commission. Wet Floor means a floor used to routinely collect, contain, or maintain standing liquids or to transmit them on a more or less continuous basis. Work Station means a limited location within the reaching distance of a single worker who is producing a service or product. GM LP #5 OH # 5

INCIDENT OR SPILL REPORTING ORDINANCE SPECIFICS Discharge at Long Term or Temporary Storage Facility Certain discharges of HM are allowed by TNRCC or EPA Ordinance addresses HM discharges within Laredo and not covered by permits Ordinance sets 3 levels of HM discharge at LTSFs & TSFs Negligible Discharge a negligible (or de minimus) discharge includes discharges of less than one ounce by weight, with clean-up within fifteen (15) minutes, and where discharge is not from failure of primary container. No action other than cleanup is required. Recordable (but not Reportable) Unauthorized Discharges unauthorized discharge is from primary containment into a secondary containment, clean-up in four hours or less, no increase in fire or explosion hazard, and no flammable or poisonous gases. Permittee must contain, recover and safely dispose of discharged material must record response in the permittee's monitoring records Unauthorized Discharges more than just a recordable unauthorized discharge. person in charge of LTSF or TSF or person responsible for ER must immediately notify LFD GM LP #5 OH # 6

UNAUTHORIZED DISCHARGE OF A GAS For unauthorized discharge of a gas (at a LTSF or TSF), the person in charge, or the person responsible for ER, must notify the LFD if discharge presents a threat of imminent danger to public health and safety. GM LP #5 OH # 7

UNAUTHORIZED DISCHARGE BY INVENTORY LOSS Determination of Loss If a material balance or inventory record (used for HMMP monitoring) indicates a loss of HM, and no unauthorized discharge has been confirmed by other means, the person in charge has 5 working days to determine if there has been unauthorized discharge. If before the end of the five days it is determined that there has been no unauthorized discharge, an entry explaining the occurrence shall be made in the person or entity's monitoring records. If the unauthorized discharge is confirmed, it must be reported to the LFD. If it is unclear there has been an unauthorized discharge, additional tests are required Additional Testing When any test results suggest unauthorized discharge, but no unauthorized discharge has been confirmed; 5 working days are allowed to retest. If second test results establish there has been no unauthorized discharge, the results of both tests shall be recorded in person or entity s monitoring records. If it has not been established within such period that there has been no unauthorized discharge, an unauthorized discharge is deemed confirmed and permittee shall report it to LFD GM LP #5 OH # 8

DISCHARGE AT SHORT TERM STORAGE FACILITY Unauthorized Discharges at STFs Person in charge of facility (or responsible for ER) must immediately notify the LFD if discharge is more than just a recordable unauthorized discharge Since HMs at STSFs are incidental to transportation ; HM incidents meeting the criteria in 171.15 must be handled under US DOT regulations -- immediate report to US DOT, and, within 30 days, a written detailed incident report as required by 171.16. A copy of written detailed incident report sent to DOT must also be forwarded to LFD within 30 days of incident, and a copy must be maintained at the facility and available for inspection Recordable Unauthorized Discharges must be contained and safely disposed of in an appropriate manner by permittee; occurrence and permittee s response must be recorded in permittee's monitoring records. Negligible Discharges As with LTSF, a recordable unauthorized discharge is negligible and does not have to be recorded if: the discharge is not the result of failure of primary container, the quantity discharged is less than one ounce, and it can be cleaned up within 15 minutes. GM LP #5 OH # 9

GASES AT STP For releases of gases, the person in charge of STSF, or the person responsible for ER, must notify LFD if unauthorized discharge presents a threat of imminent danger to public health and safety. GM LP #5 OH # 10

WHAT MUST BE INCLUDED IN AN UNAUTHORIZED DISCHARGE REPORT TO THE LFD? provide information about permittee s ability to contain and dispose of HM discharge estimated time to complete containment and disposal degree of hazard that was created. WHO IS RESPONSIBLE FOR CLEANUP OF THE DISCHARGE? Person or entity responsible for storing HMs must ensure expedient discovery, containment and cleanup of any unauthorized discharge. institute & complete all actions necessary to remedy effects of unauthorized discharge GM LP #5 OH # 11

IS WASTE GENERATED DURING SPILL CLEAN-UP A HAZARDOUS WASTE? All materials used to contain, absorb or otherwise remediate a release, spill or discharge of hazardous materials shall be considered hazardous waste, until otherwise determined by appropriate testing methods as specified in 40 CFR 261. WHAT IS CITY S ROLE IN RESPONSE TO UNAUTHORIZED DISCHARGE(S)? LFD, on notification of unauthorized discharge, will determine whether HM is being properly contained or disposed of, shall assess the potential risks to health and safety of persons located near discharge, has the power and authority to undertake and direct an emergency response to protect the public health and safety if the person, or entity, or permittee is not adequately containing and disposing HM. LFD shall itself undertake remediation only if it determines that it is necessary to do so. LFD shall investigate the storage facility for noncompliance of the Ordinance after an unauthorized discharge. GM LP #5 OH # 12

WHO IS RESPONSIBLE FOR THE COST OF REMEDIATION? The person or entity responsible for an unauthorized discharge, and/or the permittee with the storage facility where the unauthorized discharge occurred, are responsible for all costs associated with remedying the effects of the unauthorized discharge. are liable to reimburse the City for all costs incurred by the City in remedying the effects of such unauthorized discharge, including the cost of fighting fires to the extent allowed by law. Responsibility to reimburse City is not conditioned upon evidence of willfulness or negligence Party taking action to remedy effects of an unauthorized discharge not barred from seeking to recover costs from other responsible parties except where HM is a hazardous waste DOES THE CITY CHARGE FOR RESPONSES? Yes, the City shall charge for it s actual cost in remedying effects of a discharge, including cost of removal, containment & clean-up of discharged HM cost of fighting fires to extent allowable by law. HMMPO shall bill for remediation expenses for unauthorized discharge, with payment due within 30 days. No new or renewed permits, until all charges are paid in full. GM LP #5 OH # 13

INDEMNIFICATION The permittee shall hold harmless and defend the City against any claim resulting from an unauthorized discharge in connection with permittee's operations under its permit except as arises from City's sole willful act or sole active negligence. CONTRACTOR TO NOTIFY CITY No emergency response HM clean-up contractor may start clean-up of a HM at a location of an unauthorized discharge without first notifying the Fire Department. Notification to LFD of a releases or discharge does not relieve the permittee of any notification requirements that must be made to the TNRCC, EPA and/or the National Response Center. All reporting procedures should be incorporated into the permittee s ERP. GM LP #5 OH # 14

GENERAL US DOT REQUIREMENTS 49 CFR Part 171 Gives general information, regulations, and definitions related to HM in transportation. 49 CFR 171.2: Provides that any person who offers or accepts hazardous materials in commerce, or any person who transports a hazardous material in commerce, must be registered per 49 CFR 107.601 (and 107.606; 107.608; 107.612; 107.616; & 107.620.). HM must be properly classed, described, packaged, marked, labeled, and in condition for shipment. All packaging or containers used in transportation in commerce of a HM must be manufactured, fabricated, marked, maintained, reconditioned, repaired and retested, per DOT s HM Regulations. GM LP #5 OH # 15

INCIDENT OR SPILL REPORTING REGULATORY REQUIREMENTS DOT and EPA require reporting of spills. DOT requires immediate reporting of HM incidents occurring during transportation, and a detailed written report within 30 days. EPA requires reporting a RQ release of a hazardous substance to National Response Center; it also requires the reporting a release of an RQ of any extremely hazardous substance or CERCLA hazardous substance to for the LEPC GM LP #5 OH # 16

WHEN TO REPORT 49 CFR 171.15 requires that each carrier who transports hazardous materials give notice to US DOT at the earliest practicable moment after each incident that occurs during the course of transportation (including loading, unloading and temporary storage) in which as a direct result of hazardous materials a person is killed, or a person receives injuries requiring hospitalization, or estimated carrier or other property damage exceeds $50,000, or an evacuation of general public occurs lasting =/> 1hr, or major transportation artery or facility closed for =/> 1hr, or operational flight pattern or routine of an aircraft is altered; or if fire, breakage, spillage, or suspected radioactive contamination occurs involving shipment of radioactive material; or if fire, breakage, spillage, or suspected contamination occurs involving shipment of infectious substances; or if a release of a marine pollutant occurred in a quantity >119 gallons for liquids or >882 pounds for solids; or a situation exists that, in the judgment of the carrier, it should be reported to the US DOT even though it does not meet the criteria above. GM LP #5 OH # 17

WHERE TO REPORT A 171.15 INCIDENT Give notice to DOT of a HM incident: Call 800-424-8802, except for transportation by aircraft. For a HM incident involving aircraft shipments: Call nearest FAA Civil Aviation Security Office instead of DOT For an incident involving etiologic agents: Call Director, CDC, U.S. PHS, Atlanta, 800-232-0124, instead of DOT [Note: 49 CFR 173.134 defines an infectious substance as follows: a viable microorganism, or its toxin, that causes or may cause disease in humans or animals. It states that the terms infectious substance and etiologic agent are synonymous.] GM LP #5 OH # 18

WHAT TO REPORT Each notice must include name of the reporter name and address of carrier represented by reporter phone number where the reporter can be contacted date, time, and location of incident extent of injuries, if any classification, name, and quantity of HM involved, if available the type of incident, nature of HM involvement, & whether a continuing danger to life exists at the scene. The carrier making report must also make detailed report per 49 CFR 171.16. GM LP #5 OH # 19

US DOT S DETAILED INCIDENT REPORTS 49 CFR 171.16 requires carrier to report each incident that occurs in transportation if any circumstances in 171.15(a) occurs, or if there was unintentional release of HM from a package, or any quantity of hazardous waste was discharged What to Report The report must be in writing, in duplicate, on DOT Form F 5800.1, and transmitted to the Department within 30 days of discovery. If report is for a hazardous waste discharge, report must include copy of the hazardous waste manifest; estimate of quantity of the waste removed from the scene, name and address of the facility to which waste was taken, manner of disposition of any removed waste must be entered in Section IX of the report form. Where to Report Information Systems Manager, Programs Administration, Department of Transportation, Washington, D.C.20590-0001; For incident involving aircraft shipments, send copy of the report to FAA Civil Aviation Security Office nearest incident location Retain copy of report at the carrier s principle place of business for two years, or at other places as authorized and approved in writing by an agency of DOT. GM LP #5 OH # 20

40 CFR 355.40 -- US EPA S EMERGENCY RELEASE NOTIFICATION Within 40 CFR 355, Section 355.40 deals with emergency release notification. When to Report: Whenever a facility at which a hazardous chemical is produced, used or stored releases an RQ of extremely hazardous substance or CERCLA hazardous substance. Where to Report: The facility owner/operator subject to 40 CFR 355.40 shall immediately notify: the community emergency coordinator for the LEPC of any area likely to be affected by the release SERC of any State likely to be affected by the release. If no local emergency planning committee, provide notification to relevant local ER personnel. GM LP #5 OH # 21

WHAT TO REPORT The notice required under 355.40 includes chemical name or identity of any substance involved in release; whether substance is an extremely hazardous substance; an estimate of quantity released time and duration of release medium or media into which release occurred known or anticipated associated acute or chronic health risks where appropriate, medical attention advice for exposed individuals precautions to take as a result of release, including evacuation names and telephone number of contacts Written Follow-up Notice. The owner or operator must ASAP provide a written follow-up emergency notice setting forth and updating information provided above, and including additional information about actions taken; any known or anticipated health risks; and advice regarding medical attention necessary for exposed individuals. Exceptions For transportation-related release (including storage incident to transportation), owner/operator meet requirements of 355.40 by providing What to Report information to 911 operator, or to an operator if there is no 911. 40 CFR 355, Appendix A: alphabetical listing of EPA s Extremely Hazardous Substances & TPQs. 40 CFR 355, Appendix B: CAS # order listing of EPA s Extremely Hazardous Substances & TPQs. GM LP #5 OH # 22

NATIONAL RESPONSE CENTER REPORTING Within EPA s 40 CFR Part 302 (Designation, Reportable Quantities, And Notification), 40 CFR 302.6 requires: persons in charge of facilities (including transport vehicles, vessels and aircraft) to report any release of a hazardous substance in a quantity equal to or greater than its RQ, as soon as that person has knowledge of the release, to the U.S. Coast Guard National Response Center at (toll free) 800-424-8802 or (toll) 202-267-2675. GM LP #5 OH # 23

EMERGENCY RESPONSE PLANNING ORDINANCE REQUIREMENTS Long Term Storage Facilities All LTSFs with HMs, or a mixture containing HM, must establish written ERP if quantity of HMs > allowed for LTMSF. Written ERP must be filed with permit application, and maintained at LTSF. ERP must demonstrate safe ER to a release or threatened release of HM. ERP must include plans & procedures LTSF will use for HM reportable release or threatened release. ERP must contain description of mitigation procedures. ERP must contain a description of evacuation plans and procedures for persons at LTSF. GM LP #5 OH # 24

EMERGENCY RESPONSE PLANNING ORDINANCE REQUIREMENTS Short Term Storage Facilities STSF must establish and implement written ERP & file with permit application ERP must be available at STSF for inspection. ERP must explain how STSF will conform to DOT s 172 Subpart G, and to 49 CFR Part 177. ERP must contain a description of ER plans & procedures STSF will take for HM reportable release or threatened release. ERP must explain how STSF will conform to DOT s 172 Subpart G, and 49 CFR Part 177. ERP must contain a description of procedures for mitigation of a release. ERP must also contain a description of evacuation plans and procedures. Long Term Minimal Storage Facilities In accordance with 33-18.16A.11, an emergency response plan is not required. GM LP #5 OH # 25

Equipment EMERGENCY EQUIPMENT ORDINANCE REQUIREMENTS Ordinance requires LTSF to have emergency equipment for potential emergencies from stored HM. Emergency equipment must be easily accessible, be tested regularly, and be maintained. LTSF emergency equipment must be located on HMMP general site plan & building floor plan Emergency equipment description, availability, testing, & maintenance must be submitted with HMMP Posting of Emergency Procedures LTSF must place current copy of HMMP, HMIS, and ERP in a large, rural, metal, U.S. Postmaster approved mail box clearly labeled in a marked area accessible to LFD Simple emergency procedures must be posted conspicuously in locations in LTSF where HM stored. STSF must have a current copy of permittee's HMIS and ERP in a large, rural, metal US Postmaster approved mail box clearly labeled in a marked area accessible to LFD GM LP #5 OH # 26

EMERGENCY RESPONSE PLANNING REGULATORY REQUIREMENTS US DOT s ER Requirements: 49 CFR 172 Sec. 172.600 Applicability and General Requirements: Require providing & maintaining ER information during transportation at facilities where HMs are loaded for transportation, stored incidental to transportation, otherwise handled during any phase of transportation. Applies to: persons who offer for transportation, persons who accept for transportation, persons who transfer or handle HM during transportation. No person covered by this rule may offer or accept HM for transportation, transfer, store or handle HM during transportation unless required ER information is immediately available for use at all times the HM is present and required ER information is immediately available to Federal, State or local government agency responding to a HM incident. These requirements do not apply to HM properly classified as an ORM-D GM LP #5 OH # 27

Sec. 172.602 Emergency Response Information: Lists emergency response information'' that must be available basic description and technical name of HM immediate hazards to health or risks of fire or explosion; immediate precautions in event of an accident or incident; immediate methods for handling fires; initial methods for handling spills/leaks in absence of fire; and preliminary first aid measures. Requires ER information for a HM be printed legibly in English, and available for use away from HM package; in a document, other than a shipping paper, that includes basic description, technical name, and ER information (e.g., a MSDS). Carrier who transports HM shall maintain ER information in same manner for shipping papers Operator of a facility where HM is received, stored or handled during transportation must maintain ER information whenever HM is present. have ER information immediately accessible to facility personnel GM LP #5 OH # 28

Sec. 172.604 Emergency Response Tel. No. Offerer of HM for transportation must provide a 24-hour ER telephone number for use in an emergency involving the HM. have phone # monitored at all times HM is in transportation, provide phone # of a person knowledgeable of the HM being shipped and has comprehensive emergency response and incident mitigation information for that material, or person who has immediate access to a person who possesses such knowledge and information; have phone # on a shipping paper in a clearly visible location. have phone # of the person offering the HM for transportation, or the number of an agency or organization capable of providing detailed information about HM; and accepting responsibility for providing information. Sec. 172.606 Carrier Information Contact A carrier who transports HM or accepts HM for transportation must instruct the operator of a motor vehicle, train, aircraft, or vessel to contact the carrier if an incident occurs involving HM If a highway transport vehicle containing HM is separated from its motive power and parked at a location other than a facility operated by the consignor or consignee of a facility, the carrier must mark transport vehicle with phone # of motor carrier on front exterior near brake hose and electrical connections; or on a label, tag, or sign attached to vehicle at brake hose or electrical connection; or have shipping paper and ER information readily available on transport vehicle. GM LP #5 OH # 29

49 CFR Part 177 Gives regulations governing Carriage by Public Highway. All sections are important to carriers. Sections of special interest with regard to ER and training of hazmat employees are: 177.800 Purpose and Scope and Responsibility for Compliance and Training 177.801 Unacceptable Hazardous Materials Shipments 177.802 Inspection 177.804 Compliance with Federal Motor Carrier Safety Regulations 177.810 Vehicular Tunnels 177.816 Driver Training 177.817 Shipping papers 177.823 Movement of Motor Vehicles in Emergency Situations 177.834 General Requirements 177.848 Segregation of Hazardous Materials GM LP #5 OH # 30

EPA s Requirement For ER Emergency Planning and Notification: 40 CFR Part 355 This regulation establishes EPA s list of extremely hazardous substances, threshold planning quantities, facility notification responsibilities necessary for the development and implementation of State and local emergency response plans. GM LP #5 OH # 31

EMERGENCY PLANNING: 40 CFR 355.30 Applies to: any facility having any extremely hazardous substance (EHS) equal to or greater than its TPQ An amount of any EHS means total amount of EHS present at any one time at a facility (at concentration >1% by weight) regardless of location, number of containers, or method of storage. Emergency Planning Notification The owner/operator of facility subject to 355.30 shall provide notification to SERC that it is to emergency planning req ts Part 355; must provide notification within 60 days after facility becomes subject to requirements. Facility Emergency Coordinator. The owner/operator of facility subject to 355.30 must designate a facility representative who will participate in the local emergency planning process as a facility emergency response coordinator. notify the LEPC (or the Governor if there is no committee) of the facility representative on or before 30 days after establishment of LEPC GM LP #5 OH # 32

OSHA REQUIREMENTS FOR EMERGENCY RESPONSE PLANNING The Ordinance makes a number of general and specific references to OSHA regulations, paraphrasing and/or incorporating many of them into the Ordinance by reference. The Ordinance sections on ER planning, and on training for storage facilities require evacuation plans and procedures, audible alarms and warnings, and training in OSHA required workplace safety programs. Certain required OSHA regulations also provide guidance and models for preparing or upgrading facility emergency plans: 1910.38 Employee Emergency Plans and Fire Prevention Plans; 1910.151 Medical Services and First Aid; 1910.165 Employee Alarm Systems; 1910.132-139 Personal Protective Equipment; and 1910.120 Hazardous Waste Operations and Emergency Response GM LP #5 OH # 33

SEC. 1910.38 - EMERGENCY ACTION PLANS Minimum Requirements: Applies to OSHA required emergency action plans. Requires emergency action plan to be in writing. Covers actions employers/employees must take for employee safety from fire and other emergencies. Required elements include emergency escape procedures and routes; critical facility shutdown procedures; employee checkoff procedures; any employee rescue and medical duties; procedures for reporting fires and other emergencies; and persons or departments who can be contacted for further information. Employee Alarm: The employer must establish employee alarm system per Sec. 1910.165; establish in emergency action plan types of evacuation to be used in emergencies; designate and train persons to assist in safe & orderly emergency evacuation of employees. Guidelines for Emergency Action Plan: 1910.38 also provides minimum standards for OSHA required fire prevention plans. The appendix contains a non-mandatory guideline to help prepare an emergency action plan. GM LP #5 OH # 34

MEDICAL SERVICES AND FIRST AID Sec. 1910.151 describes employer responsibilities relating to medical services and first aid. The employer must ensure ready availability of medical personnel for advice and consultation on matters of plant health. If no infirmary, clinic, or hospital near workplace for the treatment of all injured employees, person(s) shall be adequately trained to render first aid. Adequate first aid supplies shall be readily available. Where the eyes or body of any person may be exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body shall be provided within the work area for immediate emergency use. Appendix A provides a non-mandatory recommendation of the American National Standard (ANSI) Z308.1-1978 ``Minimum Requirements for Industrial Unit-Type First-aid Kits.'' as a suitable generic first aid kit for small work-sites. GM LP #5 OH # 35

EMPLOYEE ALARM SYSTEMS Sec. 1910.165 applies to emergency employee alarms installed to meet a particular OSHA standard. Such an employee alarm system must provide warning for necessary emergency action called for in emergency action plan, or for reaction time for safe escape of employees from the workplace. The employer must assure that all constructed and installed devices, components, etc. are approved, that they are restored to normal operating condition promptly after each test or alarm, and employee alarm systems are in operating condition except for repairs or maintenance. Several appendices to 1910.165 serve as nonmandatory guidelines to assist with compliance. GM LP #5 OH # 36

PERSONAL PROTECTIVE EQUIPMENT 29 CFR 1910, SUBPART I (132-139) Employer Must: must formally assess the workplace to determine if there are hazards which require PPE (Note: Non-mandatory Appendix B contains an example of procedures that would comply with the requirement for a hazard assessment.) must select types of PPE that will protect affected employee from hazards identified. must provide a written certification that identifies workplace evaluated; person certifying that evaluation has been performed; date(s) of the hazard assessment; and identifies the document as a certification of hazard assessment. must provide PPE training to each employee, including when, what, how to wear PPE; the limitations of the PPE; and, the proper care, maintenance, useful life and disposal of the PPE. must be sure employee understands & is able to use PPE properly, before being allowed to perform work requiring the use of PPE. must verify by written certification that each affected employee has received and understood the required training. Certification to include the name of each employee trained, the date(s) of training, and that identifies the subject of the certification. must assure Protective equipment, including PPE, is provided, used, and maintained in a sanitary and reliable condition 1910.133-139 provide the OSHA requirements for eye, face, head, foot, hand, and respiratory protection, and for electrical protective equipment. GM LP #5 OH # 37

HAZARDOUS WASTE OPERATIONS AND EMERGENCY RESPONSE -- 1910.120 In event of release or threatened of a release of a hazardous substances, employer (or owner or operator) must comply with 29 CFR 1910.120(q) if employer s procedures call for an employee team to engage in ER to HM release. must develop and implement an ER Plan for anticipated emergencies plan must be in writing and be available for inspection and copying Employers who evacuate their employees from danger area, and who do not permit their employees to assist in handling emergency, are exempt from requirements of 1910.120(q) if they provide an emergency action plan in accordance with 29 CFR 1910.38(a). Emergency Responder Training is covered in Chapter 6 of GM GM LP #5 OH # 38

COMMUNITY RIGHT-TO-KNOW EPA/TNRCC REQUIREMENTS US enacted laws that in response to instances of industrial releases of hazardous and/or toxic materials in the 1970s and 1980s. Some caused deaths and serious injury to large numbers of people. EPA established 40 CFR 370, Hazardous Chemical Reporting: Community Right-To-Know in 1987. 40 CFR 370 requires industries to make local communities and populations aware of the types and amounts of hazardous and/or toxic materials present in their industrial operations. Texas incorporated similar laws into its Health and Safety Code. These laws extend the HM reporting requirement to entities not covered by the Federal laws and regulations. The Chapters dealing with Community Right-To-Know in the Texas Health and Safety Code are Chapter 505: Manufacturing Facility Community Right-To-Know Act; Chapter 506: Public Employer Community Right-To-Know Act; and Chapter 507: Nonmanufacturing Facilities Community Right-To-Know Act GM LP #5 OH # 39

HAZARDOUS CHEMICAL REPORTING COMMUNITY RIGHT-TO-KNOW 40 CFR 370 370.1 Purpose establishes reporting requirements which provide public information on hazardous chemicals in their communities. purpose is to enhance community awareness of chemical hazards and to facilitate development of State and local emergency response plans. GM LP #5 OH # 40

HAZARDOUS CHEMICAL REPORTING COMMUNITY RIGHT-TO-KNOW 40 CFR 370 370.20 APPLICABILITY The requirements of 370.20 apply to any facility required to prepare or have available an MSDS for a hazardous chemical under the OSH Act of 1970 and regulations promulgated under that Act. Minimum Threshold Levels The owner or operator of a facility subject to 370.20 shall submit an MSDS within 3 months after the facility first becomes subject to 370.20, for all hazardous chemicals present at any one time in amounts equal to or greater than 10,000 pounds, for all extremely hazardous substances present at facility in an amount >/= 500# or TPQ, whichever is lower. The owner or operator of a facility subject to 370.20 shall submit the Tier I form (or Tier II form) by March 1 of first year after facility first becomes a subject to 370.20, and annually thereafter The report will cover all hazardous chemicals present at a facility at any one time during the preceding calendar year in amounts >/= 10,000 pounds, and extremely hazardous substances present at the facility in an amount greater than or equal to 500 pounds or the TPQ, whichever is lower. GM LP #5 OH # 41

HAZARDOUS CHEMICAL REPORTING COMMUNITY RIGHT-TO-KNOW 40 CFR 370 370.21 MSDS REPORTING The owner or operator of a facility must submit an MSDS for each hazardous chemical present, per minimum thresholds in 370.20. Submit to the committee, the commission, and the fire department with jurisdiction If there is a request for submission of an MSDS or a Tier II form under Secs. 370.21(d) and 370.25(c) of this part, the minimum threshold for reporting shall be zero. GM LP #5 OH # 42

HAZARDOUS CHEMICAL REPORTING COMMUNITY RIGHT-TO-KNOW 40 CFR 370 370.25 Inventory reporting Basic Requirement The owner/operator of a facility must submit an inventory form to the commission, the committee, and the fire department with jurisdiction. The inventory form containing Tier I information must be submitted by March 1 of each year. Alternative Reporting., The owner/operator may submit a Tier II form in lieu of Tier I information for any specific hazardous chemical at the facility. Submission of Tier II Information. The owner/perator of a facility subject to Sec. 370.25 shall submit the Tier II form to the commission, to the committee, or to the fire department having jurisdiction within 30 days of the receipt of a request of such persons. Fire Department Inspection. The owner/operator of a facility that has submitted an inventory form shall allow on-site inspection by the fire department having jurisdiction on its request and provide department specific location information for hazardous chemicals at the facility. GM LP #5 OH # 43

QUESTIONS? GM LP #5 OH # 44