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MICHIGAN SARA TITLE III PROGRAM Michael Young DEQ SARA Title III Specialist January 2018

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Page 1: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

MICHIGAN SARA TITLE III PROGRAM

Michael YoungDEQ SARA Title III Specialist

January 2018

Presenter
Presentation Notes
Good Morning!!! I am Mike Young from the Michigan SARA Title lll Program with the DEQ . I am new to the SARA Title lll Program but not new to the DEQ . Its great to be here today This morning we will start with an overview of the Emergency Planning and Community Right-to-Know Act.
Page 2: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

In 1980, Congress enacted the: Comprehensive Environmental Response, Compensation and Liability Act

Purpose: Cleanup hazardous waste disposal sites Emergency response for hazardous

substances released into the environment

CERCLA = Superfund

2

HISTORY OF THE REGULATION

Presenter
Presentation Notes
First some history of the regulation. In 1980, Congress enacted the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), to clean up the nation’s inactive hazardous waste disposal sites. It also addressed emergency response for hazardous substances released into the environment. CERCLA is also called Superfund. Hazardous waste clean-up sites became known as Superfund sites.
Page 3: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

WHY DO WE HAVE SARA TITLE III?

3

Tragically on December 3, 1984, in Bhopal, IndiaUnion Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously injured. Plants were defoliated and livestock killed.

Page 4: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

The Bhopal tragedy sparked an overhaul of U.S. chemical reporting rules and in 1986, congress expanded and reauthorized the Superfund Act.Now Called:Superfund Amendments and Reauthorization Act of 1986 (SARA)

SARA Title III = Emergency Planning and Community Right-to-Know Act (EPCRA)

4

HISTORY OF THE REGULATION

Presenter
Presentation Notes
The Superfund Amendments and Reauthorization Act is known as SARA passed in 1986. SARA includes 4 titles, one of which is Title III: Emergency Planning and Community Right-to-Know Act. It established stringent new requirements that companies disclose the presence of hazardous materials, and required that plans be developed that protect the public and the environment.
Page 5: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

CERCLA = SuperfundThe Superfund Act was Reauthorized in 1986

SARA Title lll = EPCRA

Regulations implementing SARA Title III are codified in Title 40 of the Code of Federal Regulations (CFR) Parts 350 to 372.

5

HISTORY OF THE REGULATION

Presenter
Presentation Notes
Superfund Amendments and Reauthorization Act of 1986
Page 6: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

The objective of the SARA Title lll\EPCRA is to:

1. Allow state and local planning for chemical emergencies,

2. Provide for notification of emergency releasesof chemicals,

3. Address communities' right-to-know about toxic and hazardous chemicals.

6

HISTORY OF THE REGULATION

Presenter
Presentation Notes
SARA Title lll and EPCRA are one in the same. The objectives are: (1) allow state and local planning for chemical emergencies, (2) provide for notification of emergency releases of chemicals, (3) address communities' right-to-know about toxic and hazardous chemicals.
Page 7: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

West, Texas – April 17, 2013

Page 8: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

AMMONIUM NITRATE EXPLOSION

Fifteen people were kil led, more than 160 were injured, and more than 150 buildings were damaged or destroyed

Page 9: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

SARA Title lll\EPCRA

• SARA Title lll Program has a focus is on emergency management.

• SARA Title lll is in place for the protection of the community, first responders, facility employees and the environment.

• Folks need to know what hazardous materials are stored in their communities, so first responders can plan and in case of an emergency safely respond.

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Page 10: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

Federal Regulation

Enforced by EPA

Implemented under Executive Order from the Governor

No complimentary State Law

The State of Michigan provides primarily compliance assistance

10

SARA TITLE III IN MICHIGAN

Presenter
Presentation Notes
SARA Title III is a federal regulation, where EPA is responsible for enforcement in the State. The State of Michigan did not adopt this regulation, so it is implemented under an Executive Order from the Governor.
Page 11: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

11

RIGHT-TO-KNOW?(EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW)

There are 3 Right-to-Knows

Employee Right-to-Know

Firefighter Right-to-Know

Community Right-to-Know

Presenter
Presentation Notes
Before we go further, let’s look at what we mean by the terms “Emergency Planning” and “Right-to-Know.” First, Right-to-know. There are three Right to Knows
Page 12: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

Employee Right-to-Know Occupational Safety & Health

Administration (OSHA) Hazard Communication Standard (29 CFR

1910.1200) Safety Data Sheet (SDS) www.osha.gov

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PROTECTION OF THE EMPLOYEE

WHO HAS THE RIGHT TO KNOW?

Presenter
Presentation Notes
The first right-to-know regulation was Employee right to know. It addresses the protection of the employee. It is described in the OSHA regulations under the hazard communication standard. Employee right to know says that employers must keep SDSs on site for any hazardous materials to which the employee might be exposed. There are some exclusions to the SDS requirement: such as cigarettes, makeup, or medications for personal use. For all other chemicals, There is no minimum threshold for this requirement. As long as the material meets the definition of a hazardous material., a SDS must be maintained at the facility and made available to the employee.
Page 13: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

13

Firefighter Right-to-Know Michigan OSHA (MIOSHA) Fire Prevention Code (1941 PA 207) Fire Dept. Hazardous Material Emergency

Planning Responsibilities (Bulletin 9) www.michigan.gov/lara

PROTECTION OF THE FIREFIGHTER

WHO HAS THE RIGHT TO KNOW?

Presenter
Presentation Notes
Firefighter right to know is an extension of employee right to know and addresses the protection of the firefighter. It is a requirement stipulated in the MIOSHA regulations that the chief of each organized fire dept shall provide the fire fighters with a plan for executing their responsibilities with respect to each site within the jurisdiction. The Fire Prevention Code (sect 29.5p) requires owners/operators of facilities to provide to the fire department the quantities and locations of chemicals specified by the fire chief. Have any of you received a Bulletin 9 survey? Bulletin 9 contains the survey used by fire chiefs to obtain the required information. If the chemicals are above specified thresholds, the fire department is required to have a site-specific plan for the facility. The thresholds were established to protect the first responder.
Page 14: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

14

Community Right-to-Know (The Focus of this Presentation)

SARA Title III\EPCRA• Local Emergency Planning Committee (LEPC) planning

responsibilities• Facilities provide planning information• Facilities provide hazardous chemical inventory

Tier II Report (aka Tier Two; Tier 2)

www.michigan.gov/sara

PROTECTION OF THE COMMUNITY

WHO HAS THE RIGHT TO KNOW?

Presenter
Presentation Notes
Community Right-to-Know addresses the protection of the community. It is established under the SARA Title III regulations and has requirements for LEPCs to write emergency response plans to protect the community. for certain facilities to provide planning information to the LEPCs. For facilities to provide hazardous chemical information to LEPCs and fire departments. The Tier Two report is the format for facilities to provide the hazardous chemical inventory. Tier ll reporting is all the same thing whether its Tier “Two” or “Tier 2” The thresholds for reporting under the Community right-to-know regulation were developed to protect the community. They are higher than the thresholds for firefighter right to know. SARA Title III also has a planning component.
Page 15: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

15

Emergency PlanningSections 302 & 303

Emergency Release Notification Section 304

Hazardous Chemical Inventory Sections 311 & 312

Toxic Chemical Release Inventory Section 313

SARA TITLE III - COMPONENTS

Presenter
Presentation Notes
The First Component that I will discuss is : Emergency Planning. How do the requirements in SARA Title III help a community prepare for an emergency?
Page 16: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

EMERGENCY PLANNING SECTION302 & 303

• Established- State Emergency Response Commission (SERC)

• Established - Michigan Citizen-Community Emergency Response Coordinating Council (Exec. Order 2007-18) “Michigan’s SERC”

• Established - Local Emergency Planning Committees (LEPCs)

• 87 LEPCs in Michigan including the cities of Detroit, Ann Arbor, Romulus, and Wayne.

Ø16

Presenter
Presentation Notes
SARA Title III requires that every state establish a State Emergency Response Commission or SERC. The Citizen-Community Emergency Response Coordinating Council acts as the SERC in Michigan. There are 19 Council members appointed by the Governor. A representative of the State Police chairs the Council. The SERC established Local Emergency Planning Committees. There are 87 LEPCs in Michigan - one for each of the 83 counties as well as LEPCs for the cities of Detroit, Ann Arbor, Romulus, and Wayne.
Page 17: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

Receive Facility Reports DEQ Michigan SARA Title III Program

Review LEPC Plans MSP Emergency Management

&Homeland Security Division (EMHSD)

17

EMERGENCY PLANNINGSERC INVOLVEMENT AT THE STATE LEVEL

Presenter
Presentation Notes
The SERC serves two main functions 1. Receive reports which are handled by The MDEQ Michigan SARA Title III Program. 2. Review Emergency Plans written by the LEPCs. This function is handled by the MSP Emergency Management & Homeland Security Division.
Page 18: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

Designate a facility emergency (planning) coordinator (included on the Tier II report)

Provide information requested by the LEPC that it needs to fulfill its planning responsibilities

Inform the LEPC of any changes relevant to emergency planning

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EMERGENCY PLANNINGSECTION 302 FACILITY REQUIREMENTS

Presenter
Presentation Notes
The facilities that are subject to sect 302 have the responsibility to help the LEPC fulfill its planning responsibilities by: Appointing a facility emergency coordinator, and Providing any information requested by the LEPC to fulfill its planning responsibilities, and Informing the LEPC of any changes that affect emergency planning. SARA Title III thus requires an on-going relationship between the LEPCs and the facilities subject to section 302 Close to 3000 facilities are subject to sect 302 in the State of Michigan.
Page 19: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

A facility is subject to section 302 if it has an Extremely Hazardous Substance (EHS) at or above the Threshold Planning Quantity (TPQ) posted in either the Extremely Hazardous Substance List (Appendix A of your guidebook) or U.S. EPA’s List of Lists (Appendix B of your guidebook).

A facility is also subject to emergency planning requires under SARA Title lll and is require to share their emergency response plan with their local fire department and Local Emergency Planning Committee (LEPC).

The Local Emergency Planning Committee (LEPC) is required to develop a community emergency response plan with the 302 facility in mind and send it to the State.

19

EMERGENCY PLANNINGSECTION 302 FACILITY REQUIREMENTS

Presenter
Presentation Notes
Under SARA Title III, A facility is subject to sect 302 if it has an extremely hazardous substance that is at or above the Threshold Planning Quantity. Non-reactive solid EHSs have 2 TPQs The Lower TPQ applies if EHS is in Powder form Solution or Molten form See chapter 2 in SARA guidebook for special formulas that apply to non-reactive solid EHSs.
Page 20: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

EMERGENCY PLANNINGSECT. 302 FACILITY REQUIREMENTS

Facilities Storing EHSs Trigger Onsite Emergency Response Planning

Local Emergency Planning Committee Community Emergency Planning

Michigan State Police Statewide Emergency Planning

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Page 21: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

Example EHS List

21

Presenter
Presentation Notes
Here is an example of the SARA Title lll Extremely Hazardous Substances list. A complete list is available in appendix A of the SARA Title lll guidebook and on the DEQ webpage. You can also view a list of the Extremely Hazardous Substances on the example List of Lists also available in appendix B of the SARA Title lll guidebook and on the DEQ webpage. You can see that there are some Extremely Hazardous Substances listed here that have two threshold planning quantities. These are Non-reactive solid EHSs.
Page 22: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

Submit Tier II Report (Update or Annual) within 60 days to• Michigan SARA Title III Program (online)• LEPC

The 302 report is now part of theTier II report

22

EMERGENCY PLANNINGSECTION 302 FACILITY REQUIREMENTS

Presenter
Presentation Notes
Under SARA Title III sect 302, If a facility has an extremely hazardous substance that is at or above the Threshold Planning Quantity, then it must submit the Emergency Planning Notification form within 60 days after the threshold was reached. EPA has revised the Tier ll Report and, the 302 information is included in it.
Page 23: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

LEPC writes Offsite HazMat Response Plans with specific information about certain facilities.

Give to MSP-EMHSD & Responders

23

EMERGENCY PLANNINGSECTION 303 LEPC REQUIREMENTS

Presenter
Presentation Notes
Under Section 303 of SARA Title III, LEPCs must write plans that address the off-site response to an emergency – that is the response that addresses the protection of the community. The emergency plan for the community (county or city) must include site-specific plans for certain facilities within their jurisdiction. LEPCs submit these plans to the State Police Emergency Management & Homeland Security Division, and provide copies to responders (fire departments). So how do LEPCs get information to complete the plan?
Page 24: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

Provide notification to the LEPC that it has completed a Pollution Incident Prevention Plan (PIPP) or an Integrated Contingency Plan (ICP) containing the PIPP requirements.

Provide a copy of the PIPP or ICP to the LEPC upon request

24

EMERGENCY PLANNINGIN PART 5 RULES

FACILITY REQUIREMENTS

Presenter
Presentation Notes
There are other regulations that require a facility to provide information to the LEPC to help the LEPC meet it’s requirements under SARA Title III. Under Part 5 Rules, the Spillage of Oil and Polluting Materials, facilities must: 1. Provide notification to the LEPC that it has completed a Pollution Incident Prevention Plan (PIPP) or an Integrated Contingency Plan (ICP) containing the PIPP requirements and 2. Provide a copy of the Pollution Incident Prevention Plan (PIPP) or Integrated Contingency Plan (ICP) to the LEPC upon request
Page 25: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

Subject facility must have aRisk Management Program.

If the facility will respond to the release:• Coordinate their Risk

Management Plan with LEPC Plan.• Provide information to the LEPC upon request for

developing and implementing the LEPC Plan.

25

EMERGENCY PLANNINGIN CLEAN AIR ACT SECT 112(R)

FACILITY REQUIREMENTS

Presenter
Presentation Notes
The CAA Sect 112(r) was written as a counterpart to the SARA emergency planning requirements. It has a requirement for a facility with an extremely hazardous air pollutant above a specified threshold quantity to develop a risk management program. The coordination with the LEPC depends on whether the facility will respond to a release itself, or if it will evacuate and let the first responders handle the release. If the facility will respond they must develop a Risk Management Plan and coordinate it with the LEPC plan.
Page 26: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

If the facility will not respond to the release: Assure that facility with toxic chemicals is

included in the LEPC Plan. Assure that facility with flammable substances

has coordinated response actions with the local fire department.

26

EMERGENCY PLANNINGIN CLEAN AIR ACT SECT 112(R)

FACILITY REQUIREMENTS

Presenter
Presentation Notes
If the facility will not respond to the release, they must coordinate their response actions with the LEPC and the local fire department as described here. -Assure that a facility with toxic chemicals is included in the LEPC Plan. -Assure that a facility with flammable substances has coordinated response actions with the local fire department. An example of a flammable substance is propane. It is not an EHS, but it is an extremely hazardous air pollutant.
Page 27: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

27

Emergency PlanningSections 302 & 303

Emergency ReleaseNotification Section 304

Hazardous Chemical Inventory Sections 311 & 312

Toxic Chemical Release Inventory Section 313

SARA TITLE III - COMPONENTS

Presenter
Presentation Notes
The next component of SARA Title III is Emergency Release Notification for releases of certain hazardous substances.
Page 28: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

≈ 770 Hazardous Substances (CERCLA -published list)

355 Extremely Hazardous Substances (EHS)(SARA Title III- published list)

“Reportable Quantity” (RQ)

List of Lists has reportable chemicals and RQs (See Appendix B of your guidebook)

28

EMERGENCY RELEASE NOTIFICATIONSECTIONS 304

Presenter
Presentation Notes
Under CERCLA (remember this was the first act that we discussed – it is also known as Superfund), EPA published a list of over 700 hazardous substances. These are called the CERCLA hazardous substances. Under SARA Title III, EPA published a list of Extremely Hazardous Substances. This list contains 355 substances. Some substances are on both lists. Every substance on these 2 lists has its own reportable quantity for RELEASES. The reportable quantity is the amount that, if released to the environment over a 24-hour period of time, triggers Section 304 release reporting requirements.
Page 29: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

EMERGENCY RELEASE NOTIFICATION SECTIONS 304

Under Section 304 of SARA Title III, the term “facilities” includes stationary facilities, motor vehicles, rolling stock, and aircraft.Releases that must be reported are those of:• Hazardous substances defined under the CERCLA.• An EHS as defined under SARA Title III.• Each CERCLA hazardous substance and EHS has an associated

Reportable Quantity (RQ). These hazardous substances and their associated RQs are included in the List of Lists. If the RQ of a substance is released to the environment (air, water, or ground) in a 24-hour period, the release must be reported. The reported releases are most often accidental releases, but might also include continuous releases.

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Page 30: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

30

EXAMPLE LIST OF LISTS

Presenter
Presentation Notes
Please note the Section 304 Extremely Hazardous Substances (EHS) Reportable Quantity (RQ) and the CERCLA heading on the List of Lists.
Page 31: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

31

LIST OF LISTS

CAS = Chemical Abstracts Service number EHS = Extremely Hazardous Substance TPQ = Threshold Planning Quantity RQ = Reportable Quantity CAA = Clean Air Act TQ = Threshold Quantity Amounts in POUNDS

Presenter
Presentation Notes
Turn to a page in the List of Lists. Especially important is the “RQ” – the reportable quantity, and the fact that all amounts in the list are in pounds.
Page 32: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

EMERGENCY RELEASE NOTIFICATIONFACILITY REQUIREMENTS

• There are 27 state and federal regulations with release reporting requirements that apply in Michigan.

• Permits, licenses, local ordinances, contingency and pollution prevention plans might have additional release reporting requirements.

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Presenter
Presentation Notes
Part 201 is divided into 2 sections for release reporting because of 2 distinct reporting requirements dependent upon the reporting criteria. Because the rules were updated, they now reference the 2012 edition of the CERCLA list. Previously it was the 2001 edition of CERCLA.
Page 33: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

RELEASE NOTIFICATION REQUIREMENTS TABLE

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Page 34: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

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Immediately (within 15 mins) notify:

LEPC (Contact your county LEPC)

SERC - DEQ Pollution Emergency Alerting System (PEAS) 292-4706 or MDARD (Agriculture) Hotline 800-405-0101

U.S. Coast Guard National Response Center (NRC)Follow-up report to SERC & LEPC 1-800-424-8802

Then assess the situation and make additional notifications as required. See chapter 6 for details.

EMERGENCY RELEASE NOTIFICATIONSECTION 304

Presenter
Presentation Notes
If there is a reportable release, you must immediately notify: all Local Emergency Planning Committees with jurisdiction over areas potentially affected by the release, the State Emergency Response Commission, by calling DEQ Pollution Emergency Alerting System (PEAS ) or if it’s a Ag release to the Michigan Department of Agriculture and Rural Development. and the U.S. Coast Guard National Response Center (to notify EPA). Follow-up reports must be submitted to the SERC and LEPC. Susan’s presentation will go into more detail on release reporting later this morning
Page 35: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

35

Emergency PlanningSections 302 & 303

Emergency ReleaseNotification Section 304

Hazardous Chemical Inventory Sections 311 & 312

Toxic Chemical Release Inventory Section 313

SARA TITLE III - COMPONENTS

Presenter
Presentation Notes
The 3rd component of SARA Title III is the Hazardous Chemical Inventory. What hazardous chemicals are present at a facility in amounts that, if released, might affect the community?
Page 36: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

Hazardous Chemicals = all substances for which the OSHA Hazard Communication Standard requires the facility to maintain SDSs (Employee Right-to-Know).

There is NO LIST of OSHAHazardous Chemicals!

36

HAZARDOUS CHEMICAL INVENTORYSECTIONS 311 & 312

Presenter
Presentation Notes
Under Sections 311 & 312, facilities must submit inventories of their hazardous chemicals that are above certain thresholds. The hazardous chemicals include all substances for which OSHA requires that an SDS be maintained at the facility. Remember “Employee Right to Know” There is NO LIST for OSHA hazardous substances!!! There are over 650,000 OSHA hazardous substances.
Page 37: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

Thresholds for reporting OSHA hazardous substances:

10,000 pounds

EHS:500 pounds or TPQ (whichever is lower)

Requests by LEPC/Fire Dept:zero pounds

37

HAZARDOUS CHEMICAL INVENTORYSECTIONS 311 & 312

Presenter
Presentation Notes
Remember that the threshold for reporting is set to protect the community. For the OSHA hazardous substances, the threshold for having to report is 10,000 pounds. Extremely hazardous substances have a lower threshold for reporting. A facility must submit a report, regardless of the amount, if they are asked to do so by the LEPC, fire dept or SERC.
Page 38: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

INITIAL REPORT due within 3 months after threshold reached

Submit current year Tier II Report Update with the new chemicals to:1. Michigan SARA Title III Program (online)2. LEPC3. Fire Department

38

HAZARDOUS CHEMICAL INVENTORYSECTION 311

Presenter
Presentation Notes
An INITIAL REPORT is due within 3 months after threshold reached Submit current year Tier II Report Update with the new chemicals to: Michigan SARA Title III Program (online) LEPC Fire Department
Page 39: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

39

HAZARDOUS CHEMICAL INVENTORYSECTION 312

ANNUAL REPORT due by March 1st

Submit current year Tier II Report Annual (Emergency & Hazardous Chemical Inventory) with previous year inventory to:

1. Michigan SARA Title III Program (online)2. LEPC3. Fire Department

Presenter
Presentation Notes
ANNUAL REPORTs are due by March 1st Submit Tier II Report Annual with the previous year inventory to: Michigan SARA Title III Program (online) LEPC Fire Department
Page 40: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

EXEMPTIONSSection 312 (Tier II) Exemptions

• Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration.

• Any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use.

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Page 41: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

EXEMPTIONSSection 312 (Tier II) Exemptions

•Any substance to the extent it is used for personal, family, or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public.

• Any substance to the extent it is used in a research laboratory or hospital or other medical facility under the direct supervision of a technically qualified individual. Storage of non research materials must be reported if they are above thresholds i.e. diesel fuel for generators.

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Page 42: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

EXEMPTIONSSection 312 (Tier II) Exemptions

• Any substance to the extent it is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer.

*Note these exemptions do not apply when storing Extremely Hazardous Substances over Threshold Planning Quantities (SARA Title lll 302 sites)

Page 43: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

EXEMPTION EXAMPLE

EPA estimates that 200 car batteries contain 1000 lbs of sulfuric acid.

(Sulfuric Acid is an EHS with a TPQ of 1000 lbs)

If you have 200 car batteries on your shelves, your facility is not subject to section 312, but is subject to Section 302 Emergency Planning.

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Presenter
Presentation Notes
Refer to Appendix A, TPQ for sulfuric acid. Exempt from section 312 because it is packaged for distribution and use by the general public, but still subject to section 302 for emergency planning. So submit the Tier II report which includes the 302 requirements.
Page 44: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

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OSHA: Tier II

EHS: Emergency Plan & Release Report

CERCLA: Release Report

CERCLA & EHS are in the List of Lists

HAZARDOUS SUBSTANCESCOVERED BY SARA TITLE III

Presenter
Presentation Notes
To review the hazardous chemical reporting under SARA Title III…Diagram. The circle with the brown dashed line represents the OSHA Hazardous substances. These substances are subject to Tier Two Hazardous Chemical Inventory Reporting. The line is dashed because there is no list of these substances. The EHSs are listed. They have a Threshold Planning Quantity for Emergency Planning and a reportable quantity for release reporting. They are also subject to Tier Two Hazardous Chemical Reporting. CERCLA Hazardous Substances are listed and have reportable quantities for release reporting. Part of the CERCLA group falls outside of the OSHA group. Hazardous Waste does not need an SDS, so it is not reportable on the Tier Two report. However, if there is a release of hazardous waste that is subject to Resource Conservation & Recovery Act (RCRA) regulations that is above the listed RQ, then that release must be reported. Are there any first responders out there? Do you want to know if hazardous waste is being stored on a site you are responding too? Although hazardous waste does not need to be reported, we would like you to report it anyway – the responders need to know about it.
Page 45: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

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Emergency PlanningSections 302 & 303

Emergency Release NotificationSection 304

Hazardous Chemical Inventory Sections 311 & 312

Toxic Chemical Release Inventory Section 313

SARA TITLE III - COMPONENTS

Presenter
Presentation Notes
The final component of SARA Title III is the Toxic Chemical Release Inventory.
Page 46: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

Annual TRI Report due by July 1

Submit Form R to via TRI-MEweb:• Michigan SARA Title III Program• EPA

Toxic = ~ 650 listed chemicals & chemical compounds

Cumulative releases & waste transfers

Release = allowed and accidental

Subject facilities 46

TOXIC CHEMICAL RELEASE INVENTORY(TRI) - SECTION 313

Presenter
Presentation Notes
The Toxic Chemical Release Inventory is an annual report submitted to the Michigan SARA Title III Program and EPA. The toxic chemicals that section 313 addresses are on a list of about 650 toxic chemicals and chemical categories that EPA has published. This report shows the total amount of a toxic chemical that was released or managed as waste during the previous calendar year. The term “Release” includes the amount of the toxic chemical that is allowed by permit or regulation to be released from the facility, plus accidental releases (such as those due to equipment failure). Waste transfers include recycling, energy recovery, & treatment. Only “subject” facilities report.
Page 47: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

Subject Facilities: At least 10 full time employees

Subject North American Industrial Classification System (NAICS) codes

Amount manufactured*, processed, or otherwise used exceeds a toxic chemical activity threshold

*Manufacture includes chemicals created as an impurity or byproduct

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TOXIC CHEMICAL RELEASE INVENTORY(TRI) - SECTION 313

Presenter
Presentation Notes
Subject facilities are defined by: the number of employees the type of industry the amount of the toxic chemical that is manufactured, processed or otherwise used. Data from this report are entered into a database and made available on the Internet. These are the only SARA Title III data that are available on the Internet. Approximately 740 facilities in Michigan submit this report.
Page 48: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

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OSHA: Tier II

EHS: Emergency Plan & Release Report

CERCLA: Release Report

CERCLA & EHS are in the List of Lists

HAZARDOUS SUBSTANCESCOVERED BY SARA TITLE III

Presenter
Presentation Notes
OK – You remember this diagram of the hazardous substances that have reporting requirements under SARA Title III.
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ALL SUBSTANCESCOVERED BY SARA TITLE III

OSHA: Tier II

EHS: Emergency Plan & Release Report

CERCLA: Release ReportTOXIC: TRI

CERCLA, EHS, and TOXIC are in the List of Lists

TOXIC

Presenter
Presentation Notes
If we add the Toxic chemicals to this diagram, it would look something like this. Notice that a single substance can be hazardous and toxic. Even though each part of SARA Title III targets a different group of chemicals or substances, these groups overlap. A facility might be subject to more than one part of the SARA Title III because of the presence of only one chemical or substance.
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www.michigan.gov/sara

Presenter
Presentation Notes
Next, let me show you some quick links to some of the SARA Title lll websites and information When you bring up the SARA website, please notice the following links Guidebook and training materials Rule changes Online report and online rules Fire Marshall bulletin 9. We put this link here because it can be difficult to find on the LARA website. The SARA website is a great source of information. Please take some time to familiarize yourself with the resources that are available to you.
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www.michigan.gov/sara cont.

Presenter
Presentation Notes
Next, let me show you some quick links to some of the SARA Title lll websites and information When you bring up the SARA website, please notice the following links Guidebook and training materials Rule changes Online report and online rules Fire Marshall bulletin 9. We put this link here because it can be difficult to find on the LARA website. The SARA website is a great source of information. Please take some time to familiarize yourself with the resources that are available to you.
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www.michigan.gov/chemrelease

Presenter
Presentation Notes
The Next Quick link is the Chemical Release web page. Notice the Release Reporting Forms link. This is here in case you need to quickly access the Release Reporting Forms.
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www.michigan.gov/deqemergencyplan

Presenter
Presentation Notes
Here is a link to the DEQ Emergency Planning website and other pending updates.
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www.michigan.gov/emhsd

Presenter
Presentation Notes
Go to the MSP – Emergency Management and Homeland Security Division website select Hazardous Materials for HazMat training Note the State Police have a great program and faculties available to responders, LEPCs, Facilities and others interested in hazardous materials training
Page 55: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

Brenna HartnerPlanning Analyst, SARA Title III

Planner Emergency Management and Homeland Security Division

517-284-3727

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MICHIGAN STATE POLICE SARA TITLE III PROGRAM STAFF

Page 56: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

Mike Young989-894-6238

Benita Flores, and Adam Pohl 517-284-7272

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MICHIGAN DEQ SARA TITLE IIIPROGRAM STAFF

Page 57: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

Michigan SARA Title III Program517-284-SARA (284-7272)[email protected]/sara

SARA TITLE III:REPORTING QUESTIONS?

Presenter
Presentation Notes
The Michigan SARA Title III Program can address all your reporting questions. Please feel free to contact us by email or phone.
Page 58: MICHIGAN SARA TITLE III PROGRAM on December 3, 1984, in Bhopal, India Union Carbide chemical plant released Methyl isocyanate resulting in 4,000 deaths, and 40,000 maimed & seriously

MDEQ Environmental Assistance CenterYour Index to the DEQ

[email protected]

www.michigan.gov/deq

ENVIRONMENTAL PROGRAMQUESTIONS

Presenter
Presentation Notes
The Michigan Dept of Environmental Quality also has an Environmental Assistance Center that will connect you to MDEQ staff who can answer your questions about environmental quality issues. This is a great service offered by DEQ please take advantage of the call in number and our excellent staff.