REGFORM Hazardous Waste

Seminar 2015 Lessons Learned After

Laboratory Fire Robert A. Clay, P.E., CHMM

Background (Lincoln Institute )

Founded in 1866 by soldiers and officers

of the 62nd and 65th United States Colored

Infantry w/$6400

Members, 65th USCT

62nd USCT Battle Flag

Sgt. John

Henry 62nd

USCT

Renamed Lincoln University (1921)

Oldest HBCU 1890 Land Grant Institution

• 3 University Farms

• 160 Acre Campus

• 3000 + students

• 7 Undergraduate degrees programs

in 50 different majors

• 4 Graduate degree programs

with 13 different majors

Lincoln University (2015)

• In 2013 Dr. Kevin D . Rome became the

19th University President.

• Mascot - Blue Tigers

• University Motto: "LABORARE ET

STUDERE“ - To labor and study

• Colors – Navy Blue and White

• Oath - …….We will transmit our

University to those who come after us

greater, better, and more beautiful, than

it was transmitted to us. (Click here to visit Lincoln University’s website)

Lesson Learned:

• Inventory requirements Universities vs.

other generators (SQG/LQG’s)

• Emergency Response Reporting

• Contingency Planning

Lincoln University

Laboratories (Academic & Research)

• 50 Principal Investigators

• 80 staff members

• 14 Post Doc & Graduate Students

• 66 Student workers

• 35 laboratories

Lab involved in incident

5000 ft2 building

1175 ft2 lab space (4 labs)

Common Agencies for Universities and

Other LQG/SQG’s • Environmental Protection Agency (EPA) – Emergency

Planning and Community Right-to Know Act (EPCRA)

hazardous chemical storage reporting

• Department of Homeland Security (DHS) – Chemicals

of Interest (COI)

• Occupational Health and Safety Administration

(OSHA) – Hazard Communication Standard (HCS)

• International Building Code (IBC) - Flammable material

and other storage limits

• National Fire Protection Association (NFPA 30 & 45) -

Flammable material and other storage limits

Agencies that Require Inventories

Typical University Specific Agencies: • Centers for Disease Control and Prevention (CDC) –

Select agents and toxins

• Nuclear Regulatory Commission (NRC) – NORM/NARM

, sealed /unsealed radiation sources , and radioactive

wastes

• Drug Enforcement Agency (DEA) and Bureau of

Narcotics and Dangerous Drugs (BNDD) – Controlled

Substances and List I & II regulated chemicals

Agencies that Require Inventories

(EPCRA) was passed by Congress in response to concerns

regarding the environmental and safety hazards posed by

the storage and handling of toxic chemicals (1984 Bhopal,

India). • Section 304. Emergency Notification - Facilities must immediately report

accidental releases of EHS chemicals and "hazardous substances" in

quantities greater than corresponding Reportable Quantities (RQs) must be

available to the public.

• Sections 311 and 312. Community Right-to-Know Requirements - Facilities

manufacturing, processing, or storing designated hazardous chemicals

must make Material Safety Data Sheets (MSDSs) available to state and

local officials and local fire departments. Facilities must also report, to

state and local officials and local fire departments, inventories of all on-site

chemicals for which MSDSs exist.

• Section 313. Toxics Release Inventory (TRI) - Facilities must complete and

submit a toxic chemical release inventory form (Form R) annually. Form R

must be submitted for each of the over 600 TRI chemicals that are

manufactured or otherwise used above the applicable threshold

quantities.

Emergency Planning and Community Right-to-Know Act

EPCRA Tier II Reporting (40 CFR 370.10(a)) Applicability

• Extremely Hazardous Substance (EHS) is present at

any one time in an amount equal to or greater than

500 pounds (227 kg - approx 55 gallons) or the

Threshold Planning Quantity (TPQ), whichever is

lower. EHSs and their TPQs are listed in 40 CFR

355 Appendix A and 40 CFR 355 Appendix B or;

• Any other hazardous chemical that is present at

your facility at any one time in an amount equal to

or greater than 10,000 pounds (or 4,540 kg).

http://www2.epa.gov/toxics-release-inventory-tri-program/tri-

threshold-screening-tool

Emergency Planning and Community Right-to-Know Act

EPCRA Tier II Reporting (40 CFR 370.13(c)(2)) You do not have to report substances for which you are

not required to have an MSDS under the OSHA

regulations………..Each of the following substances are

excluded under EPCRA section 311(e):…….In a research

laboratory or hospital or other medical facility under the

direct supervision of a technically qualified individual; or

But……….

The Missouri Emergency Response Commission (MERC)

require Universities w/labs that contain material ≥ the

TPQ’s to file a Tier II

(See 40 CFR 370.10(b)(2)) The threshold level for

responding to the following requests is zero….If your

LEPC, SERC, or the fire department with jurisdiction over

your facility requests that you submit Tier II information .

Emergency Planning and Community Right-to-Know Act

(CFATS) 6 CFR 27

Background info CFATS Act of 2014, CFATS FR 2014,

& CFATS FR 2007

Applicability

1. Any facility that possesses a Chemicals of Interest

(COI) in Appendix A at or above the Standard

Threshold Quantity (STQ) must complete a Top

Screen Assessment

2. DHS then assigns any facility deemed a high risk to

a preliminary tier based on the Top Screen survey.

3. Facility must then submit a Security Vulnerability

Assessment (SVA) if still deemed a high risk must

submit a Site Security Plan (SSP) that meets risk

based standards or Alternative Safety Plan (ASP)

Homeland Security Chemical Facility Anti-Terrorism Standards

Exemptions:

Release COI used in a laboratory under the supervision of

a “technically qualified individual” need not be counted

toward a facility’s STQ. For more information on this

provision, please refer to 6 CFR 27.203 (b)(2) similar to

40 CFR 370 .13(c)(2)

Violation of such a compliance order may result in

additional orders assessing civil penalties of $25,000 per

day per violation and/or requiring the facility to cease

operations.

Homeland Security Chemical Facility Anti-Terrorism Standards

Hazardous Waste (Emergency Planning)

EPCRA

• 40 CFR 302.4 Spill notification

• 40 CFR 355.10 & 40 CFR 355 .20 Emergency Planning

RCRA (Emergency Planning)

• 40 262.34(d)(5) SQG

• 40 CFR 264 Subpart D Emergency Response

Information LQG’s 40 CFR 264.16 Training & 40 CFR

264.52 Contingency Plan

Missouri DNR

• 10 CSR 25-5.262(I) Spill Notification

• 10 CSR 25-7.264(2)(D) Emergency Planning Procedures

LQG’s and SQG’s ≥ 1000kg at one time

• 40 CFR 264.16 Training

• 40 CFR 264.52 Contingency Plan

OSHA Hazardous Chemical/Substance (Emergency Planning)

• 29 CFR 1910.120(q)

Emergency Response (Notification & Planning)

40 CFR 264.50 to 264.56 (Subpart D) 1. Designated Emergency Coordinator (available within a

short time)

2. Must post the following information next to the

telephone:

• The name and telephone number of the emergency

coordinator and Fire Dept;

• Location of fire extinguishers and spill control

material, and, if present, fire alarm

3. Ensure that all employees are trained on proper waste

handling and emergency procedures, relevant to their

responsibilities during normal facility operations and

emergencies;

General Emergency Response Requirements

4. The emergency coordinator or his designee must

respond to any emergencies that arise in the following

manner:

A. In the event of a fire, call the fire department or

attempt to extinguish it using a fire extinguisher;

B. In the event of a spill, contain the flow of hazardous

waste to the extent possible, and as soon as is

practicable, clean up the hazardous waste and any

contaminated materials or soil;

C. notify the National Response Center (using their 24-

hour toll free number 800/424-8802) if spill has

reach surface waters based upon reporting

requirements

General Emergency Response Requirements

Must Contain

1. Arrangements with local police departments, fire

departments, hospitals, contractors, and State and local

emergency response teams to coordinate emergency

services

2. list names, addresses, and phone numbers (office and

home) of all persons qualified to act as emergency

coordinator

3. a list of all emergency equipment at the facility (such as fire

extinguishing systems, spill control equipment,

communications and alarm systems (internal and external),

and decontamination equipment), where this equipment is

required.

4. evacuation plan for facility personnel where there is a

possibility that evacuation could be necessary.

Emergency Response Req. (Contingency Plan)

If the owner or operator has already prepared a Spill

Prevention, Control, and Countermeasures (SPCC) Plan in

accordance with part 112 of this chapter, or some other

emergency or contingency plan, he need only amend that

plan to incorporate hazardous waste management

provisions that are sufficient to comply with the

requirements of this part.

Do I need an SPCC Plan?

Things to consider

• Oil reservoirs for elevators and transformers if

containers are 55 gal or greater counted toward the

1,320 gallon total or

• if UST gas storage is greater than 42,000 gallons

Emergency Response Req. (Contingency Plan)

29 CFR 1910.120(p) & 29 CFR 1910.120(q)

Those emergency response organizations who have developed

and implemented programs equivalent to this paragraph for

handling releases of hazardous substances pursuant to section

303 of the Superfund Amendments and Reauthorization Act of

1986 (Emergency Planning and Community Right-to-Know Act

of 1986, 42 U.S.C. 11003) shall be deemed to have met the

requirements of this paragraph (see 40 CFR 264 Subpart D).

Incident Command System (ICS) part of National Incident

Management System (NIMS) Training federal government

Haz-Mat Response Training Requirements

• Safety Officer

• Awareness Level

• Operations Level

• Technician Level

EPA/OSHA Crosswalk Emergency Response Summary

Emergency Response Req. (OSHA)

Key principles of National Incident Management

System:

Common terminology

Unified command structure

Comprehensive resource management

Integrated communications

NIMS is centered on three main areas:

1. Incident Command System (ICS)

2. Multiagency Coordination Systems, and

3. Public Information System

Why we use NIMS

An incident life cycle:

1. Prevention/Mitigation

2. Preparedness

3. Response

4. Recovery

Purpose: Four Phases of Emergency Management:

To standardize a comprehensive emergency management

approach to easily fit …our needs

Four Phases of Emergency Management

Inventory:

• SQG do not have permits with inventory requirements on

waste (should be kept as best management practice)

• Remaining chemicals shipped as waste could change

generator status

• Many University labs do not reach TPQ and do not submit

Tier II for labs (Typically UST gas tanks are reportable).

• University Research labs still have to report on Tier II in

Missouri if TPQ reached.

• Many University labs do not reach STQ and do not submit

DHS Top Screen for labs

Emergency Planning:

• SQG’s that are over 1000 kg don’t submit contingency plans

• SPCC (is it needed?) plans are not submitted EPA/MDNR but

must be made available upon request.

• Review Contingency Plans include in NIMS scenarios

Highlights to Remember

Questions?