Management Instruction

Transcription

1 Management Instruction Procedures for Reporting Releases of Hazardous and Regulated Substances to the Environment This instruction provides policy and guidance concerning required notifications to federal, state, and local environmental agencies when a hazardous or regulated substance has been released in reportable quantities to the environment. For information on emergency responses to hazardous materials releases, see Management Instruction (MI) EL , Response to Hazardous Materials Releases. Date 09/05/96 Effective Immediately Number AS Obsoletes N/A Unit Environmental Management Policy William J. Dowling Vice President Engineering Purpose This instruction provides standard operating procedures for reporting releases. In this MI the term releases refers to those releases to the environment of hazardous substances (including hazardous wastes) or regulated substances required to be reported by federal, state, and local environmental laws and regulations. This instruction requires installation heads to ensure that appropriate emergency response plans, including provisions for release notification procedures and response actions to be taken at the time of cleanup, are in place to manage these incidents. To make sure that facility emergency response plans and standard operating procedures (SOPs) for dealing with releases address both response to releases and reporting of releases, this instruction and MI EL should be reviewed together when those documents are developed. Policy General Commitment In performing its mission to provide prompt, reliable, and efficient postal services to all communities, the Postal Service will conduct its activities in a manner that protects human health and the environment. CONTENTS Purpose Policy General Commitment Statutory Requirements Definitions Releases Required To Be Reported CERCLA Requirement RCRA Requirements Toxic Substance Requirements Clean Water Act Requirements Clean Air Act Requirements U.S. Department of Transportation Requirements State Requirements Penalties Responsibilities Headquarters Area Offices Districts Facilities Service Offices Emergency Response Plans Emergency Action Plan SPCC Plan Contingency and Preparedness and Prevention Plans 1 1

2 Statutory Requirements CONTENTS (cont d) Notification, Reporting, and Emergency Response Procedures Release Notification Reporting Procedures Emergency Response Numbers Emergency Response Training Managing Releases Awareness Training Record Keeping ATTACHMENTS A. CERCLA Requirement for Release Notification B. Steps to Take When Responding to Releases to the Environment C. Hazardous and Regulated Substance Release Notification Form D. Federal Release Reporting Flow Diagram E. Emergency Response Telephone Numbers Congress has enacted numerous laws designed to report and respond to the accidental release of hazardous and regulated substances into the environment. In accordance with the National Contingency Plan (NCP) issued by the U.S. Environmental Protection Agency, the Postal Service must plan for emergencies and develop procedures for dealing with oil discharges and releases of hazardous substances, pollutants, or contaminants from its facilities. To ensure consistency with these laws and their implementing regulations, the Postal Service has established release reporting procedures to provide maximum protection of the environment, timely notification to federal and state environmental agencies, and proper response to releases. Definitions The following terms are central to the meaning of this management instruction: 1. Environment (a) the navigable waters, the waters of the contiguous zone, and the ocean waters whose natural resources are under the exclusive management authority of the United States under the Magnuson Fishery Conservation and Management Act; (b) any other surface water, groundwater, and drinking water supply; (c) land surfaces and subsurface strata; and (d) ambient air within the United States or under the jurisdiction of the United States. Environment does not include the interior of a building. 2. Generator any person, by site, whose act or process produces hazardous waste identified or listed in 40 Code of Federal Regulations (CFR) 261 or whose first act causes a hazardous waste to become subject to regulation. 3. Hazardous materials defined by 49 CFR Hazardous substance defined by 40 CFR 302 and includes hazardous waste. Hazardous substances do not include petroleum products. 5. Hazardous waste any waste or combination of wastes that poses a substantial present or potential hazard to human health or living organisms because such wastes are nondegradable or persistent in nature, they can be biologically magnified, they can be lethal, or they may otherwise cause or tend to cause detrimental cumulative effects. Hazardous wastes are further defined in 40 CFR

3 6. National Contingency Plan the federal plan for providing efficient, coordinated, and effective response to discharges of oil and releases of hazardous substances, pollutants, or contaminants that may present an imminent and substantial danger to public health or welfare. It provides for a national organization that may be activated to respond to releases that may have regional or national significance. It also provides detailed procedures for undertaking removal actions and response actions and for coordinating with state and local governments. 7. Operator the person responsible for the overall operations of a facility. 8. Owner the person who owns a facility or part of a facility. 9. Person the Postal Service, any responsible official representing the Postal Service, or any individual. 10. Regulated release a release regulated by a federal, state, or local environmental law or regulation. 11. Regulated substance petroleum, including crude oil or any fraction thereof, that is liquid at standard conditions of temperature and pressure and as further defined by 40 CFR It includes but is not limited to petroleum and petroleum-based substances such as motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils. 12. Release any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment of a hazardous or regulated substance. This excludes any release, including releases from mailed materials, to which persons solely within a workplace are exposed, with respect to a claim that such persons may assert against the employer. 13. Release notification a telephone call to the federal, state, and/or local environmental agencies having jurisdiction over the release to the environment. A release notification must be made immediately after a regulated release has occurred. 14. Reportable quantity the quantity of a hazardous or regulated substance released to the environment, as defined by federal, state, and local environmental laws or regulations, that must be reported to designated federal, state, and/or local environmental agencies. 15. Reporting requirements a written report or form submitted to the appropriate federal, state, and/or local environmental agency after a release notification has been made. As required, the scope and format of the report will be specified at the time the release notification is made to the designated environmental agencies having jurisdiction over the release. ACRONYMS AECC CERCLA CFR DECC EMP EPA MI NCP NESHAP NPDES NRC OSHA PCB RACM RCRA RQ SOP SPCC UST area environmental compliance coordinator Comprehensive Environmental Response Compensation and Liability Act Code of Federal Regulations district environmental compliance coordinator Environmental Management Policy Environmental Protection Agency management instruction National Contingency Plan National Emissions Standards for Hazardous Air Pollutants National Pollutant Discharge Elimination System National Response Center Occupational Safety and Health Administration polychlorinated biphenyl regulated asbestos-containing materials Resource Conservation and Recovery Act reportable quantity standard operating procedure Spill Prevention Control and Countermeasures underground storage tank 3 3

4 16. Responsible official the facility or installation head and designated representative responsible for compliance with federal, state, and local release notification and follow-up reporting requirements. Within the Postal Service, a responsible official includes facility managers, supervisors, or any employee who has been assigned responsibility for responding to releases by a facility Emergency Action Plan as defined in MI EL State any location where the United States Postal Service operates a post office. Releases Required To Be Reported Federal, state and, in some cases, local environmental laws and regulations establish requirements for the types of releases to the environment that must be reported in a timely manner. Releases that occur within a building that never escape to the environment are generally not required to be reported under federal environmental laws and regulations. However, the Occupational Safety and Health Administration (OSHA) Hazard Communication regulations may require employees to be notified if a release occurs within a building. The following sections set forth conditions that are reportable under federal environmental laws and regulations governing releases. Similar and often more restrictive requirements for reportable releases exist in state environmental laws and regulations. Contact your district environmental compliance coordinator to ascertain state reporting requirements. Reporting releases to the environment is to be initiated by the responsible official. Comprehensive Environmental Response Compensation and Liability Act Requirement The Comprehensive Environmental Response Compensation and Liability Act (CERCLA) requires certain releases to be reported as follows. As soon as any person knows of a release from a facility of a hazardous substance in quantities equal to or greater than a federal reportable quantity (RQ), the National Response Center (NRC) must be immediately notified (see Attachment A, Part A, for telephone numbers). The information from Part C of the CERCLA-Required Release Report is provided to the NRC at the time of the call. In accordance with this MI, the completed report with the reference number supplied by NRC must be retained by the responsible official at the facility where the release occurred and a copy filed with the district environmental compliance coordinator. 4 4

5 Resource Conservation and Recovery Act Requirements The Resource Conservation and Recovery Act (RCRA) governs releases from facilities that generate hazardous waste as well as releases from sites with regulated underground storage tanks (USTs). Hazardous Waste Generating Facilities Generators of hazardous waste are required to respond to a release by containing the flow of hazardous waste to the extent possible and, as soon as practicable, cleaning up the hazardous waste and any contaminated materials or soils. The extent to which any postal employee will contain or clean up any hazardous waste is determined by MI EL If a release could threaten human health outside the facility or when the generator knows that a spill has reached surface water, the generator must immediately notify the National Response Center (see 40 CFR ). Underground Storage Tanks As soon as any person knows of a hazardous substance release from a UST; the release from a UST of a regulated substance (gasoline, diesel, or other petroleum products or vapors) that is present in soils, basements, sewer and utility lines, or nearby surface water; or the spill or overfill of 25 gallons of petroleum from a UST, such a release must be reported within 24 hours to the regional office of the U.S. Environmental Protection Agency (EPA) or the state environmental agency that the EPA has designated to administer the state UST program (see 40 CFR and ). Knowledge of a release is established by observing erratic behavior of properly functioning product-dispensing equipment or sudden loss of a product or by monitoring results from a properly functioning release detection system that indicate a release may have occurred. The National Response Center must be contacted when a regulated substance spills or overfills from a UST, causing a sheen on nearby surface water. State regulatory requirements must also be checked if any incidence occurs, since many state UST regulations establish more stringent requirements than EPA imposes for the types of releases that must be reported and the time frame in which they must be reported. REFERENCES 1. Response to Hazardous Materials Releases, MI EL Technical Standards and Corrective Action Requirements for Owners and Operators of Underground Storage Tanks, 40 CFR Standards Applicable to Generators of Hazardous Waste, 40 CFR National Pollutant Discharge Elimination System, 40 CFR U.S. Department of Transportation Regulations, 49 CFR Spill Reporting Procedures Guide, James Leemann, Bureau of National Affairs, PCB Spill Cleanup Policy, 40 CFR Toxic Substance Requirements In accordance with the Toxic Substance Control Act policy issued by EPA, as soon as any person knows of a release of 10 pounds or more by weight of polychlorinated biphenyls (PCBs) (for any concentration greater than 50 parts per million), the release must be reported to the regional office of the U.S. Environmental Protection Agency (see 40 CFR ). However, CERCLA sets the reportable quantity for PCBs 5 5

6 at 1 pound. Therefore, the National Response Center must be notified when the total weight (total volume released times the concentration) equals or exceeds the RQ. Clean Water Act Requirements The Clean Water Act governs releases from facilities that (1) generate waste water discharges, (2) affect the waters of the United States, or (3) require Spill Prevention Control and Countermeasures Plans. These requirements are set forth in the following three sections. Waste Water Release In accordance with the Clean Water Act regulations, any release of waste water in excess of an effluent limitation established under a National Pollutant Discharge Elimination System (NPDES) or in excess of a maximum daily discharge limitation for any pollutants listed in the NPDES permit must be reported within 24 hours to the appropriate EPA regional administrator. State regulatory requirements must also be checked, since many state NPDES programs establish more stringent discharge limitations than those EPA imposes. Releases to Waters of the United States The Clean Water Act requires reporting of releases that affect waters of the United States. As soon as any person knows of any discharge of oil or a hazardous substance into or upon navigable waters or adjoining shorelines of the United States, or that may affect natural resources under the exclusive management authority of the United States, the National Response Center must be immediately notified. Such discharges include oil that (1) violates applicable water quality standards, (2) causes a film or sheen upon or discoloration of the surface of the water or adjoining shorelines, or (3) causes a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines. Spill Prevention Control and Countermeasures Plan Requirements In addition to the Clean Water Act release notification requirements mentioned above, the owner or operator of a facility may be subject to the release notification requirements of a Spill Prevention Control and Countermeasures (SPCC) Plan. SPCC Plans are required at facilities where 660 gallons or more of petroleum products are stored in any one aboveground storage tank, where 1,320 gallons or more of petroleum products are stored in two or more aboveground storage tanks or containers, and where over 42,000 gallons of petroleum products are stored underground if a discharge from any of them could reach the waters of the United States. Facilities that meet the criteria for an SPCC Plan also have special requirements for reporting releases. 6 6

7 The Clean Water Act requires facilities subject to SPCC Plan requirements that release 1,000 gallons or more of oil into or upon the navigable waters or adjoining shorelines of the United States in a single spill event, or discharge harmful quantities of oil into navigable waters or adjoining shorelines of the United States in two spill events occurring within any 12-month period, to report to the regional administrator of the U.S. Environmental Protection Agency within 60 days from the time a facility becomes subject to such provisions. This report consists of a copy of the SPCC Plan, the cause(s) of the spill, corrective actions and/or countermeasures taken, additional preventive measures taken or contemplated to minimize the possibility of recurrence, and other information that the regional administrator might reasonably require pertaining to the spill event and response plans. Clean Air Act Requirements The Clean Air Act governs releases from facilities that (1) use ozone depleting substances in air-conditioning systems, (2) are subject to a federal or state air quality permit, or (3) are to be renovated or demolished and could release asbestos into the environment. These requirements are set forth in the following three sections. Ozone Depleting Substances The Clean Air Act does not require reporting of releases of Class I or Class II ozone depleting substances. However, CERCLA may require that any release of these classes of ozone depleting substances be reported (see 40 CFR 302 to determine reportable quantities). The Clean Air Act Amendments of 1990 indicate that any releases of such substances are prohibited under the provisions of the Clean Air Act (see 42 U.S.C 7671(g)). However, there is one exception. Releases of de minimis quantities are permitted when they are associated with good faith attempts to recapture and recycle or safely dispose of any such substance. Clean Air Act Permit Requirements The Clean Air Act also governs discharges of regulated pollutants into the air that exceed permit limitations. If a discharge limitation for a regulated pollutant under a facility s air permit is exceeded, the permittee must notify the administering agency within the specified period of time established by state air quality regulations (see 40 CFR 60.7). Asbestos Releases to the Environment Under the National Emissions Standards for Hazardous Air Pollutants (NESHAP), the Postal Service must notify the U.S. Environmental Protection Agency or state regulatory agency before any demolition, renovation, or removal activity that involves regulated asbestos-containing materials (RACM). Specific notification procedures and a required EPA notification form are presented in 40 CFR Contact the state 7 7

8 regulatory agency to ascertain the appropriate notification procedures and required state form used in states that have been delegated authority to administer NESHAP. Failure to notify the U.S. Environmental Protection Agency or appropriate state regulatory agency is a violation of the Clean Air Act. U.S. Department of Transportation Requirements Although the U.S. Department of Transportation regulations do not apply to the Postal Service or its highway transportation contractors moving the mail (including any hazardous materials that may be shipped through the mail), they do apply to waste removal contractors who transport hazardous materials (including hazardous wastes) from Postal Service property. Contractors providing hazardous waste transport services are required to notify the facility manager after any incident that occurs in the course of transporting (including loading, unloading, and temporary storage) hazardous materials which meets one of the following criteria: 1. As a direct result of transporting hazardous materials, a person is killed; a person receives injuries that require hospitalization; a carrier or other property is damaged that is estimated to exceed $50,000; the general public must be evacuated for one or more hours; or one or more transportation arteries or facilities are closed or shut down for one or more hours. 2. Fire, breakage, spillage, or suspected contamination occurs involving shipment of etiologic agents. 3. Fire, breakage, spillage, or suspected radioactive contamination occurs involving shipment of radioactive material. 4. A situation exists of such a nature that, in the judgment of the carrier, it should be reported to the Department of Transportation even though it does not meet the above criteria. State Requirements The Postal Service will comply with state requirements for reporting releases of hazardous and regulated substances. It will also comply with discharge limitations that state air and water quality permit programs have established to define permitted releases. Penalties Reporting releases in a timely fashion is essential in order to avoid short-term and long-term threats to human health and safety and damages to natural resources. Failure to notify the appropriate federal and/ or state agency of a reportable release to the environment may subject the Postal Service or its employees to penalties. For example, under 8 8

9 CERCLA any responsible official who knows of a release and does not report it or who submits information that he or she knows to be false or misleading, if convicted, will be fined or imprisoned for not more than 3 years (see 42 U.S.C. 9603). Similar penalties exist under the Clean Air Act, the Clean Water Act, and RCRA. Responsibilities Headquarters Vice President, Engineering As chief environmental officer for the Postal Service, the vice president of Engineering is responsible for the development of overall policies for implementing procedures for release notification and reporting releases of hazardous and regulated substances to the environment. Environmental Management Policy Environmental Management Policy (EMP), Engineering, is responsible for the development of release notification and reporting procedure policy designed to facilitate compliance with federal, state, and local laws and regulations having jurisdiction over reportable releases. EMP provides guidance through the issuance of SOPs on the types of information to be collected and maintained to comply with federal, state, and local requirements for release notifications and reporting. EMP serves as an education and information center to ensure that mandatory release notification procedures, appropriate remedial response actions, and record keeping systems are implemented. Safety and Risk Management Safety and Risk Management, Human Resources, establishes policies and provides technical guidance on emergency response to releases of hazardous materials and reviews Postal Service emergency response programs to ensure compliance with OSHA regulations. Area Offices Vice President, Area Operations Each vice president of Area Operations has overall authority for ensuring compliance with all applicable requirements for release notification and reporting set forth in federal, state, and local environmental laws and regulations and ensuring that these requirements are properly implemented by all levels of the organization. The vice president of Area Operations and/or manager of Operations Support coordinates the response to emergency incidents in accordance with the National Contingency Plan and applicable federal regulations and guidelines. 9 9

10 Area Environmental Compliance Coordinator The area environmental compliance coordinator (AECC) must identify the types of releases that are required to be reported by state environmental agencies within the area and establish procedures, consistent with this instruction, to ensure that any such releases are reported to appropriate federal, state, and local officials. Districts District Manager Each district manager is responsible for implementing districtwide release notification procedures consistent with this instruction. District Environmental Compliance Coordinator Reports of releases must be coordinated through the district environmental compliance coordinator (DECC). The DECC is responsible for advising facility and installation heads and responsible officials concerning hazard identification, release notification, reporting, and response procedures. Facility Manager Each facility manager is responsible for implementing release notification and emergency response procedures at his or her facility. Each facility manager must (1) provide training and other resources to defensively handle minor releases, (2) maintain an Emergency Action Plan, and (3) establish a standard operating procedure, based on criteria stated in the release evaluation checklist (Attachment B), to assist designated personnel evaluating the nature, quantity, and severity of releases of hazardous and regulated substances. Where hazardous and regulated substances are stored in sufficient quantities as discussed in the Emergency Response Plans section, a contingency plan and/or an SPCC Plan must also be maintained. Facilities Service Offices Facilities service office environmental specialists are responsible for developing procedures that ensure any releases are properly reported to federal, state, and local environmental agencies when identified during: 1. Disposal or acquisition of real property that is not being used for beneficial occupancy by a responsible official. 2. Construction activities at existing Postal Service facilities where the facilities service office is responsible for construction management

11 Immediately after any such notification is made, the district environmental compliance coordinator in whose jurisdiction the release was identified must be notified and must be given a copy of the completed Form 8187, Hazardous and Regulated Substance Release Notification (Attachment C), and a brief summary of the corrective actions underway to clean up the release. Any releases that are identified on nonpostal property before real estate acquisition as part of the due diligence site assessment process must immediately be reported to the owner or operator of that facility in accordance with the terms and conditions in the offer to sell or license agreement. Emergency Response Plans The Postal Service is required to establish procedures for reporting and responding to releases to the environment. Special requirements are set forth under 29 CFR for Emergency Action Plans (EAPs), under 40 CFR 112 for Spill Prevention Control and Countermeasures Plans, under 40 CFR for Contingency Plans, and under 40 CFR for preparedness and prevention provisions. Facilities required to prepare more than one emergency response plan should prepare an Integrated Contingency Plan, in accordance with guidance provided in 61 Federal Register 28642, to minimize duplication in preparation and use of several plans. Contact your DECC for assistance as needed. Emergency Action Plan The most commonly required plan is the EAP, which is required to address a wide assortment of potential emergencies, fires, and releases to the environment that may affect employee safety. MI EL provides guidance on the preparation of an EAP. Other emergency response plans that govern procedures for reporting releases are discussed in the following two sections. SPCC Plan To prevent accidental releases of petroleum products, the responsible official ensures that an SPCC Plan is developed, implemented, and maintained at each facility where 660 gallons or more of petroleum products are stored in any one aboveground storage tank, where 1,320 gallons or more of petroleum products are stored in two or more aboveground storage tanks or containers, or where over 42,000 gallons of petroleum products are stored underground if a discharge from any of them could reach the waters of the United States

12 Each facility-specific SPCC Plan must establish procedures for responding to and reporting releases to the environment. Such plans must be prepared under the supervision of the district environmental compliance coordinator and must be reviewed and certified by a registered, professional engineer. Contingency and Preparedness and Prevention Plans Generators of hazardous waste are required to establish either a Contingency Plan (those generating over 1,000 kilograms of hazardous waste per month) or a Preparedness and Prevention Plan (those generating greater than 100 kilograms but less than 1,000 kilograms per month) to minimize the possibility of a fire, explosion, or any unplanned sudden or gradual release of hazardous waste that could threaten human health or the environment. Each Contingency Plan or Preparedness and Prevention Plan must establish procedures for responding to and reporting of releases to the environment. Such plans must be prepared under the direction of the district environmental compliance coordinator. Notification, Reporting, and Emergency Response Procedures Release Notification As soon as any individual knows a release has occurred, he or she must immediately contact the responsible official. If the release is in excess of a reportable quantity, the responsible official notifies the appropriate federal, state, and/or local environmental agency having jurisdiction over the release. Notification must be made by telephone, providing the information contained on Form 8187, Hazardous and Regulated Substance Release Notification, to report releases to federal and state spill response centers. In those states where they have established their own required release notification form, the responsible official must use the state-required form for notifying the state. Those states are as follows: Alabama, California, Connecticut, Delaware, Florida, Hawaii, Kansas, Maine, Maryland, Massachusetts, Minnesota, North Dakota, and Oregon. Reporting Procedures After the spill response center has been notified, the responsible official must also contact the district environmental compliance coordinator to apprise him or her of the release and the actions that have been taken to address the situation. Based on the guidance provided by the state environmental agency and the DECC, it may also be necessary to im

13 mediately contact the National Response Center. Attachment D provides guidance concerning which releases are regulated under federal environmental laws and regulations. The DECC is responsible for coordinating the submission of written reports to the state and/or local environmental agencies when requested to do so. The DECC will submit the state-required form and the completed Form 8187 to the AECC. Note: Form 1770, Hazardous Materials Incident Report, described in MI EL , is for reporting releases from mailed items only and must not be used for reporting procedures associated with releases to the environment described in this management instruction. Emergency Response Numbers National emergency response numbers used to report federally regulated releases are listed in Attachment E. Area environmental compliance coordinators are responsible for providing a list of state emergency response numbers to each performance cluster to ensure that proper state procedures for reporting releases are adhered to. The responsible official must ensure that federal and state spill response telephone numbers are properly posted in each affected facility. In addition, the number of the DECC and a copy of Form 8187, Hazardous and Regulated Substance Release Notification, must be posted to ensure compliance with federal and state reporting requirements. Emergency Response As a matter of policy, Postal Service employees will not respond to releases to the environment unless such actions are defensive in nature and are limited to containment of minor releases. In the event of a release, each facility manager must designate personnel to (1) make an initial assessment of what actions are to be taken with regard to minor releases of hazardous and regulated substances and (2) activate emergency response contractors or other expert responders if a release causes a true emergency. Facility managers must also provide training and other resources to defensively handle minor releases. MI EL , Response to Hazardous Materials Releases, establishes training requirements and containment and handling procedures for emergency response to releases of hazardous materials. Even though the procedures in Response to Hazardous Materials Releases are primarily intended to address releases from improperly packaged mail, they also apply to anyone assuming responsibility for releases to the environment. No Postal Service employee may attempt to undertake even the smallest cleanup without having had the appropriate training

14 Training Managing Releases Individuals who are designated to manage releases must receive training. This training may be accomplished through: 1. Postal Service-developed courses at the Technical Training Center. 2. Hazardous materials courses offered by government agencies (e.g., U.S. Department of Transportation, U.S. Environmental Protection Agency, or OSHA). 3. Private sector courses. Awareness Training All employees who may be affected by releases to the environment must receive awareness training as defined in MI E L Awareness training is required for those who work with or may be exposed to hazardous or regulated substances that could be released to the environment. The training must also cover the following: 1. Supervisors will use the initial employee orientation period, refresher courses, and environmental talks to emphasize requirements for release notification when hazardous and regulated substances are released to the environment. 2. In facilities where hazardous and regulated substances are stored, management must apprise employees of the contents of this instruction and the basic actions employees must take in the event of a release to the environment. 3. In the case of drivers, management must use the initial employee orientation period, refresher courses, and environmental talks to review release notification procedures in the event of a gasoline or diesel fuel release to the environment. Record Keeping All training must be documented at the facility level

15 Attachment A CERCLA Requirement for Release Notification A. Telephone notification: CERCLA-Required Release Report Call the National Response Center at: (800) / (202) B. Reporting response: 1. Report made to: 2. Report made by: 3. Date of report: 4. Time of report: C. Information provided to National Response Center: 1. Name of company: 2. Name of facility: 3. Location of release: 4. Date and time of release: 5. Substance(s) released: 6. Amount of release (indicate whether estimated, calculated, or measured): 7. Cause of release: 8. Adverse environmental impact (if any): 9. Short-term actions taken in response to release: D. Reference number (supplied by the National Response Center at the time of the call): E. Retention: Retain the completed report at the facility where the release occurred and/or with the responsible official. Do not mail this release notification to the National Response Center. 15

16 Attachment B Steps to Take When Responding to Releases to the Environment Release Evaluation Checklist Remember, only properly trained and equipped employees may defensively respond to a release to the environment, even a seemingly minor one. Trained emergency response teams must retreat and leave further response to outside hazardous material experts if they discover an extremely hazardous, toxic, radioactive, or explosive substance or material. If no trained employees are available, the responsible official should assess the situation and contact the district environmental compliance coordinator or emergency response contractor to develop a specific plan of action to respond to the emergency. 1. Assess the situation and, if the threat of chemical hazards or potential for fire exists, notify the appropriate internal contact such as the emergency response team leader, other trained personnel, or the district environmental compliance coordinator. 2. If there is a potential for fire and/or explosion, notify the Fire Department. Review the Emergency Action Plan, follow its procedures as appropriate, and decide whether evacuation is advisable. 3. Move all nonessential personnel and patrons away from the incident area. Proper evacuation distance should be based on the judgment of trained, on-site personnel. 4. Assign properly trained personnel to stop the source of the leak if safe to do so. 5. Shut down nearby vehicles and machinery. 6. Immediately dike and contain the release using available spill equipment and/or absorbents (if appropriate). 7. Immediately spread absorbent materials over the affected area to soak up the release (if appropriate). 8. Transfer all contaminated material to a properly labeled drum. Arrange for proper disposal of the drum. Consult your district environmental compliance coordinator for assistance. 9. If the release cannot be easily controlled by one person and has the potential of entering nearby floor drains, storm drains, soil, or groundwater; of migrating to adjacent properties; or of presenting a hazard to human health or the environment, then contact an emergency response and cleanup firm. A list of these names can be obtained from the district environmental compliance coordinator. 10. Make all required notifications and reports and keep all records required. Keep notes of all your telephone notifications. Refer to MI EL , Response to Hazardous Materials Releases, for further guidance. 17

17 Attachment C Hazardous and Regulated Substance Release Notification Form 19

18 20

19 Attachment D Federal Release Reporting Flow Diagram Type of Release Material Released Threshold for Reporting Release to environment Known material? Exceeds POTW permit or pretreatment limits? Threat of release? Contact emergency response contractor Exceeds NPDES permit? Release escapes workplace? CERCLA reportable quantity? No action required Causes sheen or discolors waters of the U.S. or leaves sludge on shoreline? KEY: Results in violation of water quality standards? YES NO Occurred during transport of hazardous materials? Notifications: CDC = Centers for Disease Control and Prevention EPA Rgn = EPA Regional Office EPA Regional Ad = EPA Regional Administrator LEPC = Local Emergency Planning Committee NPDES = National Pollutant Discharge Elimination System NRC = National Response Center POTW = Publicly Owned Treatment Works USDOT = U.S. Dept. of Transportation UST reportable quantity? AST reportable quantity? Does the release affect public drinking waters? Other Reporting Criteria Release contained on site? Release escapes off site? Exceeds PCB thresholds? Involves radioactive material? Involves etiologic agents? Release affects soil or water? Release over 1000 gallons from a site with SPCC Plan? Notify POTW State & EPA NRC NRC & LEPC NRC & EPA Rgn NRC & State USDOT USDOT & CDC State UST Agency EPA Regional Ad Water supplier 21

20 Attachment E Emergency Response Telephone Numbers Federal Release-Reporting Hotlines 1. National Response Center: (800) (202) U.S. Department of Transportation: (800) Centers for Disease Control and Prevention: (404) U.S. Environmental Protection Agency Regional Administrators (see telephone contacts listed below): Geographic Coverage EPA Region and Telephone Number CT, MA, ME, NH, RI, & VT Region 1 (617) NY, NJ, Puerto Rico, & U.S. Virgin Islands Region 2 (212) DC, DE, MD, PA, VA, & WV Region 3 (215) AL, FL, GA, KY, MS, NC, SC, & TN Region 4 (404) IL, IN, MI, MN, OH, & WI Region 5 (312) AR, LA, NM, OK, & TX Region 6 (214) IA, KS, MO, & NE Region 7 (913) CO, MT, ND, SD, UT, & WY Region 8 (303) AZ, CA, HI, NV, American Samoa, Guam, The Region 9 (415) Commonwealth of Northern Mariana Islands, The Republic of Palau, Federated States of Micronesia, & Marshall Islands AK, ID, OR, & WA Region 10 (206)