National 112r/EPCRA Conference Denver, CO John Higgins and Ellen Banner, Region 2

1. The Effective Chemical Risk Management Pilot Project, Region 2 (ECRM2) National 112r/EPCRA Conference Denver, CO John Higgins and Ellen Banner, Region 2 October 9, 2014

2. Overview • Background • Meetings • Outreach Events • Sub Work Groups • Outputs • SOPs • Coordinated Inspections • Discussion

3. Background • April 17, 2013 - an ammonium nitrate explosion occurred at the West Fertilizer Company in West, Texas. Fifteen people were killed, more than 160 were injured, and more than 150 buildings were damaged or destroyed. • August 1, 2013 - President Obama signed an Executive Order (EO 13650) to improve chemical facility safety and security.

4. Executive Order EO 13650 Regional Pilot Program • Deploy region-based pilot program including EPA, OSHA, Department of Homeland Security to: • validate best practices • test innovative methods for interagency collaboration using facility information, stakeholder outreach, inspection planning, joint inspection efforts. • develop integrated standard operating procedures for a unified Federal approach for identifying and responding to risks in chemical facilities (including during pre-inspection, inspection execution, post-inspection, and post-accident investigation activities), incident reporting and response procedures, enforcement, and collection, storage, and use of facility information.

5. Meetings • July 30, 2013 (NYC) - Kickoff with RAs & State Commissioners (20+ Attending Agencies) • September 18, 2013 (Edison) – Working Group • November 19, 2013 (Edison) – Working Group & stakeholder listening sessions – NGOs & Industry • January 14, 2014 (Pomona, NY) – Working Group & 2 NYS Counties (Rockland and Orange) • March 25, 2014 (Edison) – Working Group • May 20, 2014 (Edison) – Working Group Each meeting was preceded by a conference call the month prior. Meeting agendas and summaries are available on the website.

6. Outreach Events in Region 2 • Jun 27, 2013 - NJ First Responder meeting in Middlesex County, NJ • Dec 20, 2013 - New York State Fire Administrators in Montour Falls, NY • Feb 5, 2014 - National Listening Session in Newark, NJ.

7. 5 Subgroups • First Responder, Best Practices, and Challenges • SERC/LEPC, Best Practices, and Challenges • Tier 2 Form Content, Best Practices, and Challenges • High Risk Facilities/Chemicals • Data Information Sharing

8. Accomplishments • Questionnaire: August-September 2013 • Workplan: September 2013 • Websites (Private & Exclusive): August – June 2013 • Private (must be registered): http://www.epaosc.org/site/site_profile.aspx?site_id=8769 • Exclusive (includes OCA data): http://www.epaosc.org/site/site_profile.aspx?site_id=8909 • Formation of 5 Subgroups: September 2013 • January-June 2014 Inspection Coordination: • Coordinated Inspections • Top 10 Facility flags for each Agency • Agency One Pagers on Inspection/Enforcement Process • Collaboration on targeting and conducting routine RMP inspections • April-June 2014 Nonfiler Compliance Initiatives: • ECRM 2 EPCRA Nonfiler Initiative in NYS & NJ • Followup to RMP\CFATS National Nonfiler Initiative • Standard Operating Procedures: May 2014 • Multi-Agency Inspector Guidance • LEPC Fact Sheet (under development)

9. Standard Operating Procedures (1/3) Completed: • Region 2 Regional Response Team (RRT) – Change in participation to include inspection and enforcement programs • Improving Coordination with Federal and State Agencies on Programs, Roles, and Contacts – Getting to Know You  • Questionnaire • Top 10 Facility flags for each Agency • Agency One Pagers on Inspection/Enforcement Process • Multi-Agency Inspector Guidance (condensed version of 2&3 under development) • ppt summaries, excel details, word documents on website for Items 1-3 • Enforcement Initiative identified EPCRA 311/312 violations 

10. Standard Operating Procedures (2/3) Continuing: • Sustainability: • Routine inspection collaboration (ppt on web) • Coordinated Inspections (pptand excel details on web) • Monthly phone calls • Semi-annual meetings • Cross-Cutting Issues between Sub-groups: • Mapping and other GIS tools for displaying potential facility impact to downstream drinking water intakes (ppt on web) • Providing facility information to first responders. • Conducting facility and community exercises at RMP facilities • Inter-Agency Inspection Information, Data Requests, and Database Access • Inspection Referrals • Revised Inspection Protocol – inspector will check on the arrival of new chemicals to determine compliance with 90 day reporting requirements and program office will continue to work with SERCs and LEPCs to enhance EPCRA data availability.

11. Standard Operating Procedures (3/3) Planned: • Incident Commander and Hazardous Material Supervisor Training • Approach for Specific HAZWOPER Training Standard • Evaluation of Work Products - tabletop exercise protocol to examine the effectiveness of the SOPs after an incident • First RespondersGuide to “Subject Matter Experts” – Single Point of Contact for Facility Chemical Information • LEPC Best Practice Implementation and Support • Outreach to Regulated Industry - Concerning the “Emergency Contact” listed on the Annual Tier II Form and prompt reporting of new chemicals. • Joint Drills and Exercises

12. Unresolved Issues • Status of Eplan • funding concern – with no current Federal support the system is currently reliant on user fees in many states. If users balk at the fees, the completeness of tier 2 data may decline. • Keeping all stakeholders involved • USCG & NYS Dept. of Ag. did not engage in High Risk Subgroup • Implementation • Monthly or quarterly inspection group calls? • Communication • How will ECRM guidance be funneled down to inspectors? • How to reach building and fire inspectors? • SERC and LEPC Inactivity • Joint exercises at chemical facilities

13. Lesson Already Learned It could happen here! • R2 near miss – firefighters responding to recent fire at RMP facility parked response vehicles on concrete pad covering an underground isopentane tank. • Owner shooed responders from hazard. • Incident demonstrates need for exercises at RMP facilities. • R2 RMP Pre-inspection letter revised to stress EPA review of coordination of the facility emergency response plan will be more rigorous than in past and will include LEPC involvement.

14. Highlights of Questionnaire responses on joint inspections • Challenges of joint inspections with other agencies: • EPA - Enforcement confidentiality, inspector credentials, h&s certifications • DHS- Not desired • OSHA - Resources and statutory deadline • NYS DEC - Authority & security • Challenges of joint inspections with Non Government Organizations: • EPA – 17c + facility willingness • DHS- Confidentiality • OSHA - Only union/employee reps would be allowed • PHMSA – Resources • NJDEP TSCA - TBD- benefit?, purpose?, logistics?, qualifications? • NJ DCA – Not practical • NYS DEC - Authorities & Site Acceptance

15. Coordinated Inspection Concept • Single lead agency + interested observer agencies (NJDEP & OSHA could not participate as observers where they had authority) • Focus on learning how other agencies inspect • EPA developed list through email exchanges • For completed inspections without actionable violations, inspection reports were loaded onto website

16. FY14 Coordinated Inspection List Process • Toll manufacturing facilities (no SIC): • Used a commercial marketing website marketing • Ammonium nitrate facilities (multiple CAS): • Joined various Eplan downloads in excel • Only one facility filed for storing solid AN (inspection showed switch to liquid form) • 2 RMP High Risk facilities in NJ previously inspected by EPA were selected for EPA to observe NJDEP & OSHA inspections • Lists were exchanged through exclusive website (part of the OSC web page)

18. Coordinated Inspection Results

19. FY14 Coordinated Inspections Summary • 3 toll manufacturing facilities dismissed as candidates • small amount of chemicals & safe operations observed during EPCRA inspection • 4 Ammonium nitrate facilities inspected but no safety concerns were identified • no agricultural facility id’ed in r2 with solid form of Ammonium Nitrate • EPA observations of OSHA PSM & NJDEP TCPA inspections of High Risk RMP facilities were successful in building bridges between the agencies • observing another inspector during an inspection • having an opportunity to discuss each other’s programs • sharing information

20. FY15 Plan for Coordinated Inspections • Facilities with recent chemical accidents • Facilities storing pools chemicals such as sodium hypochlorite • Metal platers • Specialty Gas Facilities < RMP Thresholds • Facilities that are regulated by both EPA’s RMP rule and the DHS Chemical Facility Anti-Terrorism Standards (CFATS)

21. ECRM2 Discussion and Questions