Download version 0.1 of EP 1110-1-33 Spill Reporting Procedures for USACE Hazardous Toxic and Radioactive Waste Projects.pdf

Download version 0.1 of EP 1110-1-33 Spill Reporting Procedures for USACE Hazardous Toxic and Radioactive Waste Projects.pdf
EP 1110-1-33
15 November 2008
ENVIRONMENTAL QUALITY
SPILL REPORTING PROCEDURES FOR
USACE HAZARDOUS, TOXIC AND
RADIOACTIVE WASTE PROJECTS
ENGINEER PAMPHLET
AVAILABILITY
Electronic copies of this and other U.S. Army Corps of Engineers
(USACE) publications are available on the Internet at
http://www.usace.army.mil/inet/usace-docs/. This site is the only
repository for all official USACE engineer regulations, circulars,
manuals, and other documents originating from HQUSACE.
Publications are provided in portable document format (PDF).
ϖPrinted on Recycled Paper
CEMP-RA
DEPARTMENT OF THE ARMY
U.S. Army Corps of Engineers
Washington, DC 20314-1000
EP 1110-1-33
Pamphlet
No. 1110-1-33
15 Nov 2008
Environmental Quality
SPILL REPORTING PROCEDURES FOR USACE HAZARDOUS, TOXIC AND
RADIOACTIVE WASTE (HTRW) PROJECTS
TABLE OF CONTENTS
Paragraph
Page
Chapter 1. Introduction
Purpose...........................................................................................................1-1
Applicability ..................................................................................................1-2
References......................................................................................................1-3
Distribution Statement ...................................................................................1-4
Discussion.................................................... ..................................................1-5
1-1
1-1
1-2
1-2
1-2
Chapter 2. Spill Notification and Emergency Release Reporting Requirements
Introduction....................................................................................................2-1
Code of Federal Regulations Reporting Requirements .................................2-2
2-1
2-3
Chapter 3. USACE Spill Reporting Responsibilities
Introduction....................................................................................................3-1
Reporting Responsibilities at Formerly Used Defense Sites (FUDS)
and Formerly Utilized Sites Remedial Action Program (FUSRAP)
Response Actions...........................................................................................3-2
Reporting Responsibilities at Installation/Restoration Sites under the
Installation Restoration Program (IRP), Base Realignment and Closure
(BRAC) and Military Construction (MILCON) ............................................3-3
Reporting Responsibilities under Superfund .................................................3-4
Reporting Responsibilities under Environmental Support for
Others Sites (ESFO).......................................................................................3-5
3-1
3-2
3-3
3-3
3-3
Chapter 4. Report and Recordkeeping
Introduction....................................................................................................4-1
Spill Reporting ...............................................................................................4-2
Recordkeeping and Documentation...............................................................4-3
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Pagragraph
Page
Chapter 5. Planning
Introduction....................................................................................................5-1
Special Contract Provisions ...........................................................................5-2
Training Provisions........................................................................................5-3
District Reporting Requirements ...................................................................5-4
5-1
5-1
5-1
5-2
Appendix A - References.......................................................................................................... A-1
Appendix B - Examples of Spill Reporting Scenarios...............................................................B-1
Appendix C - U.S. Army Corps of Engineers Spill Notification Information List ...................C-1
Appendix D - U.S. Army Corps of Engineers Spill Notification Checklist ............................. D-1
Glossary
Section I. Acronyms............................................................................................... Glossary-1
Section II. Terms..................................................................................................... Glossary-3
List of Figures and Tables
Figure 2-1. CERCLA and EPCRA Release Reporting........................................................2-6
Table 2-1. PCB Spill Reporting Summary [40 CFR 761.125(a)(1)]................................... 2-8
Table 2-2. Spill Notification and Emergency Release Reporting Requirements
Under CERCLA.................................................................................................................2-11
Table 2-3. Spill Notification and Emergency Release Reporting Requirements for
Oil Discharges, UST Petroleum Releases for EPCRA...................................................... 2-12
Table 2-4.Spill Notification and Emergency Reporting Requirements under
Nuclear Regulatory Commission, TSCA, and DOT..........................................................2-13
Table 3-1. Recommended Procedures for Spill Reporting on Corps of Engineers
HTRW Sites.........................................................................................................................3-2
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CHAPTER 1
Introduction
1-1. Purpose. This pamphlet is intended to support: (i) the USACE policy for the prevention,
control, reporting, and contingency planning for spills of oil and hazardous substances; and (ii)
the USACE goal to use, generate, transport, store, handle, and dispose of oil and hazardous
substances in a manner that protects the environment and public health. The USACE policy is
consistent with the Army policy to prevent spills of oil and hazardous substances and maintain
readiness to rapidly respond to spills of oil or a hazardous substance (AR 200-1).
1-2. Applicability. This pamphlet applies to USACE commands having responsibility for
Hazardous, Toxic and Radioactive Waste (HTRW) Program activities and projects, including
Formerly Used Defense Sites (FUDS), Formerly Utilized Sites Remedial Action Program
(FUSRAP), Base Realignment and Closure (BRAC), Installation Restoration Program (IRP),
Support for Others (SFO), and Environmental Protection Agency Superfund. Under the
direction of HQUSACE, this EP will not apply to USACE commands having responsibility
for civil works facilities and activities, including floating plants that are addressed under ER
200-2-3. The EP identifies and establishes guidance for compliance with spill reporting
procedures by USACE elements, and their contractors responsible for executing HTRW
activities, including investigation, design, construction, and other related activities at HTRW
sites. The EP focuses on reporting and notification of Federal, state and local officials required
by Federal statutes and regulations. The spill reporting and emergency release notification
requirements provided in this EP will also assist USACE commands involved with militaryfunded facilities and activities to be in compliance with AR 200-1.
a. The scope of this pamphlet was limited by HQUSACE to HTRW remediations but
certain aspects of Military Munitions Response Program (MMRP) responses might have the
potential for spills of regulated substances. The spill reporting procedures established within
this pamphlet would be appropriate to consider for applicability when planning and executing
MMRP projects. The personnel referenced for HTRW projects are typically not identified in the
same way for MMRP projects, so an appropriate USACE employee would need to be selected
and designated as the spill response coordinator
b. Military construction (non-HTRW) was not a part of the original scope for this
document. However, this document could assist a contractor who is required to prepare a spill
control plan as a part of the Environmental Protection Plan for military construction projects.
The Environmental Protection Plan, found in paragraph 1.7 of the Unified Facilities Guide
Specification, Environmental Protection, Section 015720, has notification requirements that the
contractor must include in the spill control plan. The spill control plan shall include the
procedures, instructions, and reports to be used in the event of an unforeseen spill of a substance
regulated under Federal law or regulations (e.g., 40 CFR 68, 40 CFR 302, 40 CFR 355) or
regulated under state or local laws and regulations.
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c. The USACE spill reporting requirements would not pertain to FUD sites where
USACE and their contractors have not undertaken any on-site activities (e.g., site investigations,
removals, or remedial action). However, USACE employees and contractors should report any
observed spills to the landowner so the landowner can promptly report and address the spill. The
landowner would be responsible for notification of spills or releases on their property that were
not related to a current government activity.
d. Where applicability of a Federal or state statute or regulation is in question, in
particular regarding the CWA or Oil Pollution Act (OPA), the District Office of Counsel shall be
immediately consulted prior to any spill reporting. Likewise, the Office of Counsel should be
consulted for all questions related to whether there has been a waiver of Sovereign Immunity
under a specific statute or regulation pertaining to any spill reporting requirement.
e. The discussion of applicable regulations and legal requirements in this document is
only meant to make the reader aware of some of the many requirements that may potentially
apply to spill reporting. This chapter is not intended to stand in place of any applicable law,
regulation, or standard and may not reflect the current standards embodied in law and regulation.
Statutes and regulations are the controlling rule of law and should always be consulted to
determine how they apply to a particular set of circumstances to assure compliance before action
is taken. USACE will comply with all applicable laws and regulations. The PM district will
provide general legal services in support of FUDS and FUSRAP. For FUDS and FUSRAP
projects, the determination of the laws and regulations governing environmental aspects for any
specific project will be made in consultation with the Office of Counsel. In the event of any
dispute with a regulator over the governing laws on a FUDS or FUSRAP project, the district
providing general legal services will represent the agency in negotiations or adversary
proceedings. For other work performed by USACE under a different program or authority (i.e.,
BRAC, IRP, Work for Others), the appropriate legal representative of the sponsoring agency will
be the lead counsel for all legal matters, although the USACE Office of Counsel will be available
for consultation.
1-3. References. Required and related references are at Appendix A.
1-4. Distribution Statement. Approved for public release, distribution is unlimited.
1-5. Discussion.
a. There are spill notification and emergency release reporting requirements under
severral Federal statutes, including, but not limited to, the Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA), Federal Water Pollution Control Act,
commonly referred to as the Clean Water Act (CWA), Emergency Planning and Community
Right-to-Know Act (EPCRA), and the Hazardous Material Transportation Act (HMTA). In
addition, the CERCLA statute expands the notification requirements by defining hazardous
substances to include CWA hazardous substances and toxic pollutants, Resource Conservation
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and Recovery Act (RCRA) hazardous wastes, Clean Air Act (CAA) hazardous air pollutants, and
Toxic Substances Control Act (TSCA) imminently hazardous chemical substances. Over the
past decade, CEMP-RT Memorandum Spill Reporting Procedures for USACE Personnel
Involved in HTRW Projects, dated 20 July 1995, served as the USACE guideline for internal spill
reporting procedures. This Engineer Pamphlet (EP) updates the spill notification and emergency
release reporting requirements and supersedes the CEMP-RT memorandum.
b. Because there are many different environmental regulations that require spill reporting
and release notification to regulatory agencies, requirements may be confusing. This EP
identifies the major reporting requirements based on Federal statutes and regulations and
delineates reporting responsibilities. The EP will discuss spill reporting and emergency release
notifications to state and local agencies that are required by Federal statutes or regulations but
will not address any individual state statutes or regulations that might supplement the Federal
statutes or regulations. As spill reporting is required under various environmental statutes, it is
imperative that USACE personnel and their contractors are knowledgeable about spill
notification and emergency release reporting requirements, as there may be multiple release
reporting requirements under separate statutes or regulations that apply to a single release.
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CHAPTER 2
Spill Notification and Emergency Release Reporting Requirements
2-1. Introduction. There are spill notification and release reporting requirements under several
Federal statutes, including, but not limited to CERCLA, CWA, EPCRA, and the HMTA. The
CERCLA statute [42 U.S.C.A. § 9601] expands the notification and reporting requirements by
defining hazardous substances to include CWA hazardous substances and toxic pollutants,
RCRA hazardous wastes, CAA hazardous air pollutants, and TSCA imminently hazardous
chemical substances. In addition, state statutes and regulations must be consulted to ensure that
there are no additional or more stringent reporting or notification requirements (e.g., California,
Michigan, and Utah) promulgated under state statute. It would be important to coordinate this
search of the state statutes and regulations with the District Counsel office. Tables 2-1 through
2-4 summarize the Federal, state and local notification requirements based on the Federal statutes
and regulations. However, the EP does not identify any reporting requirements based on state
and local statutes that supplement, or are in addition to, the reporting requirements established by
Federal statute or regulation.
a. Designation of spill reporting and emergency release notification responsibility.
Construction projects typically require the contractor develop a spill control plan that includes
the procedures, instructions, and reports to be used in the event of a spill of a substance regulated
by 40 CFR 68, 40 CFR 302, 40 CFR 355, 40 CFR 112 or under state or local laws and
regulations (See UFGS Environmental Protection—Section 015720). The spill control plan
supplements the requirements of the EM 385-1-1. An essential element of this plan is to
designate an individual who will be responsible for immediately reporting any spills or releases
of a hazardous substance to the Contracting Officer or designated construction representative.
The Contracting Officer or designated construction representative, in consultation with the
installation environmental coordinator (if applicable), must determine if the contractor, USACE,
or the installation environmental coordinator will be responsible for notifying Federal, state and
local officials. It is important to note that some USACE customers (e.g., Air Force or Army
installation) may require the initial report or notification be made to their fire department or
installation environmental coordinator, or both, and the installation will make all necessary
reports or notifications to the appropriate Federal, state and local agencies. USACE shall
designate the spill reporting responsibilities for HTRW projects on response actions where
USACE is the lead Federal agency (e.g., FUDS, and FUSRAP). The USACE spill response
coordinator will depend on the site-specific situation and HTRW response phase. The USACE
spill response coordinator might be the USACE contracting officer, construction representative,
project manager, chemist, geologist, industrial hygienist, or District emergency coordinator. The
duties of spill reporting may be delegated to the HTRW contractor or it might already be
established by regulation (DOT carrier in physical possession of regulated substance). Chapter 3
of this EP will discuss reporting responsibility for the different USACE HTRW activities to
ensure there is a responsible person to notify all necessary Federal, state and local officials.
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b. The USACE spill response coordinator, spill response teams, and designated
representative or contractor (delegated), will notify and coordinate with Federal, state and local
agencies as prescribed by applicable laws and regulations, including notification of the National
Response Center (NRC) in the event of a release or discharge of oil or a hazardous substance, at
or in excess of, its reportable quantity (RQ). USACE will be responsible for its own internal
agency coordination in the event of a spill or release of a reportable quantity of oil, hazardous
substance, or extremely hazardous substance. The USACE HTRW construction representative
would initiate the USACE internal call down process after receiving notification from the
HTRW contractor or observing a RQ of a spill or release. Internal USACE coordination and call
down procedures should be developed to incorporate some or all of the following organizations.
(1) Immediate supervisor and appropriate District command channels.
(2) Readiness Management Office in District and Divisions.
(3) Environmental Compliance Coordinator (ECC) (if applicable).
(4) Safety Office.
(5) Public Affairs Office.
(6) Office of Counsel.
(7) District Executive Office.
c. Where state and local laws and regulations differ from Federal requirements, USACE
facilities will comply with all applicable requirements. The District Office of Counsel shall be
immediately consulted about all questions on the applicability of Federal, state and local laws
and regulations, in particular regarding the CWA or Oil Pollution Act (OPA), prior to any spill
reporting. State and local provisions should be incorporated into call down procedures and any
existing Spill Prevention and Countermeasure Plan or equivalent.
d. Where oil or a hazardous substance has been spilled in a quantity that does not equal or
exceed the Federal reportable quantity, USACE facilities may still have to report the spill to state
authorities. This should be coordinated with the District Office of Counsel, especially in
situations where state regulations may be more stringent than Federal. In addition, DOT
regulations (49 CFR 171.16) have additional incident reporting requirements for a release of any
amount of hazardous waste or an unintentional release of a hazardous material. The DOT
reporting requirements are discussed in Paragraph 2-2g.
e. Additional technical guidance is provided in 40 CFR 110, 40 CFR 112, 40 CFR 117, 40
CFR 280, 40 CFR 302, 40 CFR 355, 40 CFR 761, 49 CFR 171, and 33 CFR 153, Subpart B.
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2-2. Code of Federal Regulations Reporting Requirements.
a. 40 CFR 110—Discharge of Oil.
(1) Application of 40 CFR 110. This section of the CFR applies to the discharge of oil.
This includes certain discharges into or upon the navigable waters of the United States or
adjoining shorelines, with the exception from a properly functioning public vessel engine.
(2) Who is Required to Report? Any person in charge of a vessel or of an onshore or offshore facility is responsible for reporting releases of oil to the National Response Center (NRC)
at (800) 424-8802 as soon as he or she has knowledge of the release. If direct reporting to the
NRC is not practical, reports may be made to the Coast Guard or the EPA-designated On-Scene
Coordinator (OSC) for the geographic area where the discharge occurs. The NRC must still
receive prompt notification either by the person in charge, the Coast Guard, or EPA when the
report is not made directly to the NRC. The USACE spill coordinator should inquire with the
NRC at the earliest opportunity to verify that the initial report was relayed to them when direct
reporting was not possible. The procedures for providing notice of a reportable discharge are
provided in the U.S. Coast Guard regulations [33 CFR 153, Subpart B] and in the National Oil
and Hazardous Substances Pollution Contingency Plan (NCP) [40 CFR 300, Subpart E].
(3) When is Reporting Required? Reporting to the NRC is required if the release violates
an applicable water quality standard; causes a film or sheen upon or discoloration of the surface
of the water or causes a film or sheen on adjoining shorelines; or causes a sludge or emulsion to
be deposited beneath the surface of the water or upon adjoining shorelines. (There is an
exception, however, for discharges of oil from properly functioning vessel engines, but
discharges from the vessel’s bilges are not exempt.)
b. 40 CFR 302—Designation, Reportable Quantities, and Notification of CERCLA
Hazardous Substances.
(1) Application of 40 CFR 302. This section of the CFR identifies reportable quantities
(RQ) for various substances, including hazardous substances, and the notification requirements
for release of these substances. The list of hazardous substances and their corresponding
reportable quantities are in a table in 40 CFR 302.4. The table includes an alphabetical listing of
chemicals and entries for all hazardous wastes. It is important to note that radionuclides are
defined by regulation as hazardous substances. Appendix B to § 302.4 identifies the individual
radionuclides with their corresponding RQ in units of curies of activity. The CERCLA statute
expanded the definition of hazardous substance to include CWA hazardous substances and toxic
pollutants, RCRA hazardous wastes, CAA hazardous air pollutants, and TSCA imminently
hazardous chemical substances. Figure 2-1 is provided to briefly summarize the release
reporting requirements for a CERCLA hazardous substance and an EPCRA extremely hazardous
substance. The tables in 40 CFR 302.4 and Appendix A to § Part 355 will need to be checked to
determine if you have a CERCLA hazardous substance and an EPCRA extremely hazardous
substance.
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(2) Who is Required to Report? Any person in charge of a vessel or an offshore or an
onshore facility shall, as soon as he or she has knowledge of the release (other than a Federally
permitted release or application of a pesticide) should immediately notify the National Response
Center (NRC) at (800) 424-8802—in Washington D.C. (202) 426-2675.
(3) When is Reporting Required? Reporting is required when a release of a reportable
quantity of a hazardous substance occurs during any 24-hour period. The report must be made
immediately by calling the NRC. The definition of “release” provides some specific exceptions
to when notification is not required. However, if an exception to making a notification were
being considered, it would be advisable to consult with Office of Counsel before deciding not to
notify.
c. 40 CFR 355—Emergency Planning and Notification.
(1) Application of 40 CFR 355. This section of the CFR applies to any facility that produced, processes, used or stores an extremely hazardous substance (EHS) in amounts equal to or
in excess of their threshold planning quantity (TPQ). The lists of extremely hazardous substances and their threshold planning quantities are in Appendix A and B to § Part 355. Executive
Order 12856 Federal Compliance with Right-to-Know Laws and Pollution Prevention Requirements, made all Federal agencies and facilities responsible for complying with the Emergency
Planning and Community Right-to-Know Act (EPCRA) (§§ 355, 370, 372). Refer to Figure 2-1
for a brief summary of the release reporting requirements.
(2) Who is Required to Report? First, the owner or operator should designate an emergency coordinator. The owner or operatory (or facility response coordinator) will immediately
notify the community emergency coordinator for the Local Emergency Planning Committee
(LEPC) or 911 and the State Emergency Response Commission (SERC). A release of an
extremely hazardous substance should be reported to the SERC or the LEPC established for the
location where the incident occurred. To identify the appropriate SERC and LEPC, the EPCRA
Hotline at 800-424-9346 should be contacted. (Refer to 40 CFR 355.40 (b) for correct
notification requirements.) Regulatory deadlines are past for Federal agencies and facilities to
have made emergency planning notification to the State and local planning groups and to
designate the facility emergency coordinator. For a Formerly Used Defense Site (FUDS) or a
Formerly Utilized Sites Remedial Action Program (FUSRAP) remediation, where USACE is the
lead Federal agency, the USACE Construction office will need to make the necessary spill
reports or make reporting a requirement of the contractor.
(3) When is Reporting Required? Emergency release notification is required at any facility
where a hazardous chemical is produced, used, or stored and at which there is a release of a RQ
of any EHS or CERCLA hazardous substance during any 24-hour period. The notification
requirements can be found in 40 CFR 355.40. Notification is not necessary for any release that
results in exposure to persons solely within the boundaries of the facility. The reader is
cautioned to be careful when determining that notification is not required as regulators may be
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conservative in evaluating if the release remained on the facility site. It is important to note that
an EHS may also be a CERCLA Hazardous Substance and this may require spill reporting to the
NRC, in accordance with 40 CFR 302, even though the EHS did not go beyond the boundary of
the facility and would not require reporting to the SERC or LEPC.
d. 40 CFR 370—Hazardous Chemical Reporting: Community Right-to-Know.
(1) Application of 40 CFR 370. This CFR establishes reporting requirements that provide
the public with important information on the hazardous chemicals in their communities for the
purpose of enhancing community awareness of chemical hazards, and facilitating development
of State and local emergency response plans.
(2) Who is Required to Report? Facilities are subject to reporting requirements if the
facility has present at any one time: (1) EHS in amounts greater or equal to 500 pounds or the
threshold planning quantity (TPQ), whichever is lower; and (2) OSHA hazardous substances in
amounts greater or equal to 10,000 pounds. This reporting requirement is not applicable to
hazardous wastes or constituents. As previously stated, Executive Order 12856 requires Federal
agencies and facilities to comply with § 370 if the facility meets the reporting thresholds.
(3) When is Reporting Required? If a facility meets any one of these levels, the owner or
operator must submit Tier I or II reports to the fire department, LEPC, and SERC by 1 March of
each year. The fire department, LEPC, or SERC may require a facility to provide the more
comprehensive Tier II report if the facility is subject to reporting its chemical inventory. There
are also additional MSDS reporting requirements, and inventory reporting requirements.
(Hazardous chemicals are defined to be all chemicals that pose a physical or health hazard except
for hazardous waste subject to RCRA regulation, 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 - i.e., paint, glue, tobacco
products, wood products, consumer products, etc.) Items such as gasoline, oils, heating oils,
diesel fuel, and solvents would be covered under this part. The facility shall allow the fire
department having jurisdiction over the facility to perform an on-site inspection if requested.
e. 40 CFR 372—Toxic Chemical Release Reporting: Community Right-to-Know.
(1) Application of 40 CFR 372. This portion of the CFR requires that the general public
and surrounding communities be notified of any release of toxic chemicals. There are also
notification requirements for suppliers regarding distribution of mixtures. Subpart D of 40 CFR
372.65 contains a list of Toxic Chemicals.
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See Table 2-3
See Table 2-2
Figure 2-1. CERCLA and EPCRA Release Reporting.
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(2) Who is Required to Report? Owners or operators of certain facilities are required to
comply with reporting requirements to EPA and to the state in which the facility is located if the
facility meets criteria established by 40 CFR 372, Subpart B. A Federal facility, in accordance
with EO 12856, must submit a report if it meets the following criteria: 1) The facility must
employ 10 full-time employees (including contract and part-time employees); and 2) The facility
annually manufactures or processes more than 25,000 pounds, or otherwise uses over 10,000
pounds of a listed toxic chemical; or 3) The facility manufactures, processes, or otherwise uses
toxic chemicals of special concern which includes persistent bioaccumulative toxic (PBT)
chemicals, above specific thresholds in a calendar year.
(3) When is Reporting Required? Facilities in this position are required to report to EPA
using EPA Form R. Each Form R report covers activities during a calendar year at a covered
facility and must be submitted on or before 1 July of the next year. There are recordkeeping
requirements in 40 CFR 372.10. EPA has included Pollution Prevent Act (PPA) reporting
requirements to Section 8 of the Form R, by requiring the facility to file a Toxic Chemicals
Source Reduction and Recycling Report. There are some exemptions that may be applicable to
Federal facilities or agencies. Routine janitorial cleaning supplies, fertilizers, and pesticides
similar in type or concentration to consumer products used for janitorial and facility grounds
maintenance are exempt. Chemicals used for maintenance are exempt. Chemicals used for
maintaining vehicles operated at the facility are exempt if certain criteria are met (40 CFR
372.38).
f. 40 CFR 761—Polychlorinated Biphenyls (PCBs), Manufacturing, Processing, and
Distribution in Commerce, and Use Prohibitions.
(1) Application of 40 CFR 761. This section of the CFR regulates the use, storage, and
disposal of PCBs at concentrations of 50 ppm or greater. Spills containing concentrations of 50
ppm or more PCBs are regulated under this policy, as well as uncontrolled discharges of PCBs
occurring after 4 May 1987. Spills occurring before this date should follow the existing regional
standards.
(2) Who is Required to Report? Anyone responsible for the spill, having knowledge of a
spill, or who discovers a spill must report in accordance with § 761.125 and 40 CFR 302.6 since
PCBs are a CERCLA hazardous substance.
(3) When is Reporting Required? Reporting requirements for PCB spills are shown in
Table 2-1. Although the regulations require reporting to the appropriate EPA Regional Office
within 24 hours, this may not be possible at night, on holidays, or during weekends. Keep a
record of attempts to contact EPA, and contact them as soon as possible.
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Table 2-1
PCB Spill Reporting Summary [40 CFR 761.125(a)(1)]
If 1 lb. or more of PCBs or PCB contaminated
material is spilled
If any amount of PCBs or PCB material directly
contaminates surface water, sewers, or drinking
water supplies
If any amount of PCBs or PCB material directly
contaminates grazing lands or vegetable
gardens
If 10 lb. or more PCBs or PCB contaminated
material is spilled
Notify the National Response Center (NRC) at
(800)-424-8802
Notify the appropriate EPA regional office (Office of
Prevention, Pesticides and Toxic Substances
Branch); and if over 1 lb., notify the NRC
Notify the appropriate EPA regional office (Office of
Prevention, Pesticides and Toxic Substances
Branch); and if over 1 lb., notify the NRC
Notify the appropriate EPA regional office (Office of
Prevention, Pesticides and Toxic Substances
Branch) and notify the NRC as it is over 1 lb.
g. 49 CFR 171—General Information, Regulations, and Definitions.
(1) Application of 49 CFR 171. This section of the CFR prescribes the requirements of the
Department of Transportation (DOT) governing the transportation of hazardous materials.
(2) Who is Required to Report? Each person in physical possession of the hazardous
material (e.g., hazardous substances and hazardous wastes) during transportation, including the
loading, unloading, and temporary storage, is required to report spills. The responsible person
shall notify the DOT (800-424-8802) at the earliest practical moment but no later than12 hours
from the event that triggered the reporting requirement. Notice involving etiological agents may
be given to the Center of Disease Control (800-232-0124) in place of notice to DOT. Also,
under 40 CFR 302.6, EPA requires persons in charge of facilities (including transport vehicles,
vessels, and aircraft) to report any release of a hazardous substance in a quantity equal to or
greater than its reportable quantity, as soon as that person has knowledge of the release, to the
NRC. The person in physical possession of a hazardous material at the time a reportable incident
occurred must submit a follow-up written report with 30 days of discovery of the incident
49 CFR 171.16(a).
(3) When is Reporting Required? The carrier shall immediately report when, during the
course of transportation:
(a) As a direct result of the hazardous materials:
•
A person is killed or receives injuries requiring hospitalization.
•
The general public is evacuated for one or more hours.
•
One or more major transportation arteries or facilities are closed or shut down
for one hour or more.
•
The operational flight pattern or routine of an aircraft is altered.
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(b) Fire, breakage, spillage, or suspected contamination occurs involving shipment of:
•
Radioactive material.
•
Infectious substance other than a diagnostic or regulated medical waste.
(c) There is a release of a marine pollutant in a quantity exceeding 450 L (119 gal.) for
liquids or 400 kg (882 lb) for solids.
(d) A situation exists of such a nature that, in the judgment of the carrier, it should be
reported to DOT’s National Response Center even though it does not meet the above criteria of
this section.
(4) When is a Written Report Required? A written report (DOT Form F 5800.1) must be
submitted within 30 days by the person in physical possession of the hazardous material at the
time of the reportable incident for any of the following situations.
(a) An incident that was reported by telephonic notice as outlined in Paragraph 2-2g(3).
(b) An unintentional release of a hazardous material or the discharge of any quantity of
hazardous waste.
(c) A cargo tank (1000 gal. or greater) containing hazardous material suffers damage to the
lading system or damage that requires repair to a system intended to protect the lading retention
system, even if there is no release of hazardous material.
(d) An undeclared hazardous material is discovered.
h. 10 CFR 71—Packaging and Transportation of Radioactive Material.
(1) Application of 10 CFR 71. This section of the Nuclear Regulatory Commission (NRC)
regulation concerns the packaging and transportation of licensed radioactive material. It is
important to note that shipments of radioactive material may be subject to DOT and NRC
regulations, depending on the activity and classification of the radioactive material. The NRC
requires that licensed material that is transported off-site or on public highways must comply
with DOT regulations in 49 CFR 170 through 189.
(2) Who is Required to Report? The reporting requirements would be identical to
requirements specified in Paragraph 2-2g for DOT hazardous materials.
(3) When is Reporting Required? The NRC requires compliance with DOT, so it would be
identical to the conditions specified in Paragraph 2-2g. The listing of individual radionuclides
may be found in Appendix B of § 302.4. The RQ for radionuclides is an activity in curies.
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15 Nov 08
(4) What are the Reporting Requirements for On-site Radionuclide Spills (during HTRW
Remediation) but not in Transportation? As previously stated in Paragraph 2-2b, radionuclides
are CERCLA hazardous substances and would need to comply with the reporting requirements
of 40 CFR 302. The listing of individual radionuclides may be found in Appendix B of § 302.4.
The management of radioactive spills and contingencies for NRC licensed material are discussed
in paragraph 3-5 of DA PAM 200-1. The requirements for notification of incidents involving
licensed byproduct, source, or special nuclear material are provided in 10 CFR 20.2202, 10 CFR
30, 10 CFR 40, and 10 CFR 70. On military installations, the environmental office does not
have lead responsibility for spills of licensed material. The installation radiation protection
officer (RPO) and the safety office must be immediately notified to respond. USACE and the
NRC have entered into a Memorandum of Understanding (July 2001) for HTRW remediation at
FUSRAP sites with licensed facilities. USACE and the NRC have agreed to a procedure to
allow the facility license or a portion of the license to be suspended while USACE takes a
response action at the FUSRAP site. USACE will not be required to obtain a license for the
response action and agrees to let the NRC observe the remediation activities to ensure the
response action protects human health and the environment.
i. CERCLA 103(c) Notifications of Past Releases. It is important to remember that the
NRC reporting requirement is triggered only when a reportable quantity is released during a
24-hour period under CERCLA 103(a) notification. This can usually only be established for
ongoing or fairly recent releases. For releases that are as a result of abandoned hazardous waste,
USTs, leaking landfills, etc., it is difficult to determine if a RQ has been released into the
environment within a 24-hour period. Contamination from past releases may have resulted from
small but continuous releases over a prolonged period of time. Therefore, in addition to
providing a mechanism for reporting current spills, CERCLA ensures that past releases are also
reported. Whereas current releases must be immediately reported to the National Response
Center under section 103(a) of CERCLA and 40 CFR 302, section 103(c) of CERCLA requires
sites known or suspected to have received hazardous substances to be reported to EPA, but does
not specify a time. This is ordinarily covered through the consultation process, which occurs
with EPA as part of the Defense Environmental Restoration Program (DERP), or through
submission of Preliminary Assessment Reports to EPA, or both. It will be important to
coordinate any CERCLA 103(c) notifications with the District Office of Counsel prior to making
any notifications to the regulator. CERCLA 103(c) does include a provision that within 180 days
after December 11, 1980, any person who owns or operates or who at the time of disposal owned
or operated, or who accepted hazardous substances for transport and selected, a facility at which
hazardous substances are or have been stored, treated, or disposed of shall, unless such facility
has a permit issued under, or has been accorded interim status under, subtitle C of the Solid
Waste Disposal Act, notify the Administrator of the Environmental Protection Agency of the
existence of such facility, specifying the amount and type of any hazardous substance to be
found there, and any known, suspected or likely releases of such substances from such facility.
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Table 2-2
Spill Notification and Emergency Release Reporting Requirements under CERCLA
Event:
When Reporting is Required:
Who Must Report:
Release of a
Hazardous
Substance
▪Release of a reportable quantity (RQ) of a
CERCLA hazardous substance occurs during
any 24-hour period. See 40 CFR 302.4 for list of
hazardous substances.
▪Any person in charge
of a vessel or an offshore or an onshore
facility.
Past Releases of a
Hazardous
Substance
▪See footnote * regarding when reporting is
required
Release of
Radionuclides
▪CERCLA
Hazardous
Substance
Immediate notification of a release of radionuclides is required under the following circumstances:
▪Radionuclide releases that exceed the applicable RQ in Appendix B of § 302.4 in any 24hour period.
▪If the identity and quantity (in curies) of each
radionuclide in a released mixture or solution is
known, the ratio between the quantity released
(in curies) and the RQ of the radionuclide must
be determined for each radionuclide. Notification is required if the sum of the ratios for all the
radionuclides is equal to or greater than 1.
▪If the identity of each radionuclide is known
but the quantity released (in curies) of one or
more radionuclides is unknown, the only releases subject to notification are those that the
total quantity (in curies) of the mixture or solution
released is equal to or greater than the lowest
RQ of any radionuclide in the mixture or solution.
▪If the identity of one or more radionclides in a
released mixture or solution is unknown (or if the
identity of a radionuclide released by itself is
unknown), the only releases subject to notification requirements are those in which the total
quantity (in curies) is greater or equal to 1 curie
or the lowest RQ of any known radionuclide in
the mixture or solution, whichever is lower.
▪Any person with
knowledge of a release
when a hazardous
substance is discovered.
▪Any person in charge
of a vessel or an offshore or an onshore
facility (includes motor
vehicles and rolling
stock) as soon as they
have knowledge of any
release.
Reporting is
Required to:
▪National
Response
Center (NRC)
at (800) 4248802
▪EPA Administrator
▪National
Response
Center (NRC)
at
(800) 4248802
CFR Source:
▪40 CFR 302,
▪CERCLA
103(a)
Navigable
Water
(Pre-CERCLA)
▪40 CFR
117.21,
▪33 CFR
153.203
▪Past Releases
* CERCLA
103(c) Notification
▪40 CFR 302.4,
Appendix B
▪40 CFR 302.6
*CERCLA 103(c) notification requirements are as follows: “Within 180 days after December 11, 1980, any
person who owns or operates or who at the time of disposal owned or operated, or who accepted hazardous
substances for transport and selected a facility at which hazardous substances are or have been stored, treated, or
disposed of shall, unless such facility has a permit issued under, or has been accorded interim status under, Subtitle
C of the Solid Waste Disposal Act, notify the Administrator of EPA of the existence of such facility, specifying the
amount and type of any hazardous substance to be found there, and any known, suspected, or likely releases of such
substances from such facility.”
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Table 2-3
Spill Notification and Emergency Release Reporting Requirements for Oil Discharges, UST
Petroleum Releases or EPCRA
Event:
When Reporting is Required:
Who Must Report:
Oil Discharge
(any form)
▪petroleum
▪fuel oil
▪sludge
▪vegetable
oil
▪used oil
▪Oil Discharge
(film/sheen/discoloration) to U.S.
navigable waters, or shoreline, or
violation of water quality standards,
or cause a sludge or emulsion to be
deposited beneath water surface or
upon adjoining shorelines.
▪Any discharge of oil that threatens to
reach navigable waters of the U.S.
------------------------------------------------▪Discharge oil >1,000 gal. or 42 gal.
or more, twice within any 12-month
period.
▪Any person in charge of
a vessel, or of an onshore or offshore facility.
▪Spill or overfill of petroleum that
results in a release to the environment that exceeds 25 gal. or another
reasonable amount specified by the
implementing agency, or that causes
a sheen on nearby surface water;
and
▪Spill or overfill of a hazardous substance that results in a release to the
environment that equals or exceeds
its reportable quantity under CERCLA
(40 CFR 302).
▪Release of an EHS that is also a
CERCLA hazardous substance that
exceeds the applicable § 302.4 RQ in
any 24-hour period.
▪Release of an EHS, that is not a
CERCLA hazardous substance, in a
quantity that equals or exceeds the
RQ values specified in Appendix A or
B in § 355 in any 24-hour period.
▪Any person who owns
or controls the operation
of a UST containing
regulated substances
Underground
Storage
Tank (UST)
▪Petroleum
Releases
▪CERCLA
hazardous
substance
Extremely
Hazardous
Substance
(EHS)
Chemical
Reporting
Hazardous
Chemical
Reporting
Community
Right-toKnow
Toxic
Chemical
Release
Reporting
▪Tier I/II Reports must be submitted
by 1 March of each year; IF
Facility produced, used or stored
10,000 lb. of OSHA hazardous
chemicals and/ or EHS in an amount
greater than or equal to 500 lb. or the
Threshold Planning Quantity, whichever is less.
Form R Report must be submitted on
or before 1 July of the next year; IF
▪A facility has 10 or more full-time
employees, AND
▪Manufactures or processes >25,000
lbs of a toxic chemical; OR
▪otherwise uses >10,000lbs of a toxic
chemical; OR
▪manufactures, processes or otherwise uses PBT chemicals above their
TPQ,
--------------------------------▪Owner/operator of such
facility.
▪The owner or operator
of a facility (or facility
response coordinator).
To identify the appropriate SERC and LEPC,
contact the EPCRA Hotline at (800) 424-9346.
▪The owner or operator
of a facility (or facility
response coordinator).
▪The owner or operator
of a facility (or facility
response coordinator).
2-12
Reporting is Required
to:
▪Immediately notify the
appropriate Federal officials, including the NRC
at (800) 424-8802. If not
practical, then EPA or
USCG by person in
charge of vessel or facility.
---------------------------------▪Written notification to
EPA Regional Administrator with required elements within 60-days of
triggering the release.
▪Immediately notify NRC
at (800) 424-8802 if release results in sheen on
surface water or a RQ of
a CERCLA hazardous
substance to the environment. AND
▪Notify implementing
agency (EPA or approved
State UST office) within
24-hours.
CFR Source:
▪40 CFR 110,
▪33 CFR 153
-----------------▪40 CFR
112.4
▪40 CFR
280.53
▪§ 280.53 &
§ 302
Immediately notify:
▪NRC (if CERCLA HS);
▪Community Emergency
Coordinator for the Local
Emergency Planning
Committee (LEPC) OR
911
▪State Emergency Response Commission
(SERC)
▪The owner/operator must
submit Tier I/II reports to
the fire department, LEPC
and SERC.
40 CFR 355,
▪Report to EPA using
Form R. There are also
recordkeeping requirements in 40 CFR 372.10.
40 CFR 372,
40 CFR 370,
EP 1110-1-33
15 Nov 08
Table 2-4
Spill Notification and Emergency Reporting Requirements under Nuclear Regulatory
Commission, TSCA, and DOT
Event:
When Reporting is Required:
Release of
Radioactive
Material
(licensed by
NRC) during
transport
See DOT Requirements in this table.
▪Licensee or carrier of licensed material
who transports material offside site or on
public highways shall comply with DOT
regulations 49 CFR Parts 170–189,
including incidents and spills.
Release of
Polychlorinated
Biphenyls
(PCBs)
Reporting is required for the following
events:
▪Any spill equal to = 1 lb or more of
PCBs (>50 ppm).
----------------------------------------------------▪Any spills into any water/water
source; and if over 1 lb. notify the NRC.
----------------------------------------------------▪Any spills on grazing lands or
gardens; and if over 1 lb., notify the
NRC.
----------------------------------------------------▪Any spill equal to 10 lb or more by
weight of PCBs.
A telephone report is required whenever
any of the following occurs during the
course of transportation in commerce
(including loading, unloading, and temporary storage):
As a direct result of hazardous material▪An individual is killed or sustains injuries requiring hospitalization;
▪An evacuation of the general public
occurs lasting one hour or more;
▪ A major road, rail line, or transportation facility is shut down for one hour or
more;
▪The flight path or normal operation of
an aircraft is changed;
▪Fire, breakage, spillage, or suspected
contamination occurs involving radioactive material, or an infectious substance
(other than a diagnostic specimen or
regulated medical waste); or
▪Release of a marine pollutant exceeding 450 L (119 gallons) for a liquid
or 400 kg (882 pounds) for solids; or
▪In the judgment of the carrier, a dangerous situation exists as a result of the
incident that does not meet previous
criteria that should be reported immediately.
DOT Hazardous Materials
▪found in
Hazardous
Material Table
in 49 CFR
172.101
▪CERCLA
Hazardous
Substance
▪PCBs
▪RCRA Hazardous Waste
▪Radionuclides
▪Marine Pollutants
Who Must
Report:
Any carrier or
transporter
responsible
for transportation of licensed material
Anyone
responsible
for the spill,
having knowledge of a
spill, or discovers a spill.
Reporting is Required to:
CFR Source:
Immediately notify the
National Response Center at
(800) 424-8802
10 CFR 71.5,
Packaging
and Transportation of
Radioactive
Material
Immediately notify the
National Response Center at
(800) 424-8802.
40 CFR 761,
Subpart G
Each person
in physical
possession of
a hazardous
material at the
time that a
reportable
incident
occurs must
make the
telephonic
report and
follow up with
a written incident report.
Immediately notify the NRC at
(800) 424-8802 (as soon as
practical) but not later than 12
hours after the occurrence of
any reportable incident.
--------------------------------------▪EPA Regional Office (within
24 hrs of discovery).
--------------------------------------▪EPA Regional Office (within
24 hrs of discovery).
--------------------------------------▪National Response Center
and the EPA Regional Office.
The designated person is to
provide a detailed written
report on the most current
version of DOT Form F
5800.1 to DOT within 30 days
of a reportable incident.
A written report is also required for an unintentional
release of a hazardous material or discharge of any quantity of hazardous waste; any
damage to the lading system
on a cargo tank with a capacity of 1,000 gallons or more;
or an undeclared hazardous
material is discovered.
FAA no longer requires a
separate telephonic notification when a reportable incident involves an air shipment.
2-13
49 CFR 171,
Subchapter C
– Hazardous
Materials
Regulations
(§ 171.15 &
§ 171.16)
EP 1110-1-33
15 Nov 08
CHAPTER 3
USACE Spill Reporting Responsibilities
3-1. Introduction.
a. When a spill occurs on a USACE HTRW remediation project, despite preventive
measures, the USACE representative will provide or ensure proper notification to and
coordination with Federal, state and local agencies as prescribed by applicable laws and
regulations, including notification of the National Response Center (NRC) in the event of a
release or discharge of oil or a hazardous substance at, or in excess of, its reportable quantity
within any 24-hour period. If the notification and coordination of spill reporting has been
properly delegated to someone other than the USACE representative, this does not eliminate the
responsibility of USACE to check and document that the notifications were properly reported.
Unless otherwise exempted from CERCLA notification requirements, a release of a hazardous
substance that equals or exceeds its RQ, during cleanup activities, must be reported to the NRC.
If the release meets EPA’s definition of a continuous release, the reporting may qualify for
reduced reporting requirement as described in 40 CFR 302.8. The District Office of Counsel
should be consulted for any questions on applicability of spill reporting requirements and
responsibilities.
b. Because USACE does work for many different customers, the person or agency
responsible for reporting spills may vary, depending upon the party having jurisdiction over or
ownership of the real property or the facility, as that term is broadly defined in CERCLA, and
other statutory and regulatory requirements. In all cases, the USACE representative must either
make the applicable notifications or verify and document that spills have been reported as
required by statute and regulation. Just notifying the customer does not relieve the liability of
USACE or contractor personnel on-site who have knowledge of the incident. It is recommended
that the USACE representative consult with the Office of Counsel about such requirements
before undertaking management of a project. If the installation requires all spill reports or
emergency release notifications be made to the installation environmental coordinator and fire
department, for the installation to make the applicable notifications to the NRC, SERC, and
LEPC, USACE or their contractor shall document that the notification of the spill was made
immediately to the installation environmental coordinator, noting the time and details of the
reportable spill. USACE or their contractor will need to provide the spill information identified
in Appendix C to the installation environmental coordinator. This coordination should be
documented on a form similar to the one provided in Appendix D, with the exception that the
notification of the spill was made to the installation environmental coordinator instead of the
NRC and other regulatory agencies.
c. During the study and design phase, the USACE representative may vary among the
program manager, project manager, process engineer, chemist, geologist, industrial hygienist, or
other individuals the District might designate. The construction representative serves as the
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15 Nov 08
USACE representative during the remedial action phase. The following paragraphs, in
conjunction with Table 3-1, summarize USACE reporting responsibilities for HTRW response
actions.
Table 3-1
Recommended Procedures for Spill Reporting On Corps of Engineers HTRW Sites
Formerly Used Defense Site
(FUDS) and Formerly
Utilized Sites Remedial
Action Program (FUSRAP)
Installation Restoration Site
(IRP), Base Realignment
and Closure (BRAC), and
Military Construction
Environmental Support for
Others (ESFO)
Superfund Site
• USACE representative immediately reports all spills to the required
reporting agency or agencies (e.g., NRC, SERC, LEPC).
• As an alternative, contract language may require the contractor to
report spills to the regulatory agency and then notify USACE in writing
within 1 hour of notifying all the appropriate regulatory agencies.
• USACE representative will report spills as required by AR-200-1, as
well as by other applicable statutes and regulations unless the
installation (e.g., Army, Air Force) requires the USACE representative
to immediately report all spills to their environmental coordinator. It is
not uncommon for the installation, as the facility operator or owner, to
require the installation environmental coordinator notify and make all
spill reports to the Federal, state and local agencies. The USACE
representative shall document the information that was provided and
the time the installation environmental coordinator was notified.
• The USACE representative will report spills as required by statute and
regulation. USACE will provide a written follow-up report to the
customer as soon as possible.
• The customer may request USACE or the contractor to provide the
initial spill information to their designated person for reporting to all
Federal, state and local agencies. USACE or the contractor must
immediately report all spills to the customer and document the
applicable information was provided to the customer in a timely
manner.
• The USACE Representative reports spills to all the required reporting
agencies for all USACE managed activities at the site. A follow-up
report to the EPA OSC or RPM will be made as soon as possible.
• EPA assumes reporting responsibility via written notification prior to
the start of any site work. In this case, USACE will report spills or
releases to the EPA OSC or RPM by telephone, and be consistent with
regulations or statutory requirements. A written report will follow to
EPA within 24 hours.
3-2. Reporting Responsibilities at Formerly Used Defense Sites (FUDS) and Formerly Utilized
Sites Remedial Action Program (FUSRAP) Response Actions.
a. In all cases, the USACE representative will report spills as required by statute and
regulation or verify and document that that reports have been made by the designated responsible
individual if the USACE representative is not the person in charge of the facility. It is
recommended that the USACE representative consult with his or her District Office of Counsel
about spill notification and emergency release reporting requirements before undertaking
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EP 1110-1-33
15 Nov 08
management of any phase of a remediation project (e.g., investigation, design, or construction).
In a spill reporting situation, timeliness is essential and mandatory, which is why procedures
need to be established before a project is begun to avoid any delays in spill reporting. The Office
of Counsel should be consulted on the spill notification and emergency release reporting
responsibilities for FUSRAP sites that are not owned by the Federal government.
b. Contract language may require the contractor to report all spills as the operator of the
facility or be responsible for the HRTW response action. If this is the case, the contractor shall
then be required to notify USACE within 1 hour of the contractor completing spill reporting
requirements to the required authorities. The contract documents should identify the contractor
responsibilities for spill notification and emergency release reporting. An example of this special
contract language is included in Paragraph 5-2. The work plans should also include the
procedures that will be followed in the event of a reportable spill of oil, CERCLA hazardous
substance, or an EHS. The Office of Counsel should be consulted on the proper procedures to
transfer responsibility of spill reporting to the contractor. If the contractor is required to make all
spill reports, the USACE representative should receive verbal notification from the contractor
within 1-hour of the notification of the Federal, state and local agencies.
3-3. Reporting Responsibilities at Installation/Restoration Sites under the Installation
Restoration Program (IRP), Base Realignment and Closure (BRAC) and Military Construction
(MILCON).
a. In all cases, USACE employees will report spills as required by statute and regulation
or verify and document that the installation environmental coordinator has been immediately
notified of a reportable spill of oil, CERCLA hazardous substance, or an EHS. Notifying the
installation environmental coordinator does not totally eliminate the liability of USACE or
contractor personnel on-site who have knowledge of the incident. It is recommended that
USACE management and construction personnel consult with the Office of Counsel about such
requirements before executing a project to clearly delineate the spill reporting roles and
responsibilities.
b. Reporting a spill of oil or a hazardous substance on Army installations will be in
accordance with the current version of AR 200-1), Environmental Protection and Enhancement,
Chapter 3, Oil and Hazardous Substances Spills. Spill reporting procedures on Air Force
installations shall be coordinated with the installation environmental office before on-site
activities commence. The contract documents and work plans shall specify the responsible
individual and the appropriate procedures to follow in the event of any spill of oil, CERCLA
hazardous substance, or an EHS.
3-4. Reporting Responsibilities under Superfund. The USACE Representative will provide
written notification to the EPA On Scene Coordinator (OSC) or Remedial Project Manager
(RPM) that USACE or their contractor (if applicable) will report any reportable spills that occur
on site to the required reporting agency. If the EPA OSC or RPM does not want USACE or their
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EP 1110-1-33
15 Nov 08
contractor to handle the reporting, they should be informed to notify USACE in writing,
preferably prior to initiation of any site work. A memorandum of agreement (MOA) may be one
method to formalize this understanding of roles and responsibilities.
3-5. Reporting Responsibilities under Environmental Support for Others Sites (ESFO). In all
cases, the USACE representative will report spills as required by Federal and state statutes and
regulations. The USACE representative will provide written notification to the customer that
USACE or their contractor (if applicable) will report any spills that occur on-site to the required
Federal, state or local agencies. If the customer, as the owner or operator of the facility, decides
to retain the reporting responsibility, than USACE should ensure the customer is immediately
notified of all reportable spills. Furthermore, it will be important to document that the customer
has been notified with the necessary information provided in Appendices C and D . Just
notifying the customer does not eliminate the liability of USACE or contractor personnel on-site,
who have knowledge of the incident, for failure of the spill being reported to the appropriate
Federal, state and local agencies. It is recommended that the USACE representative consult with
the Office of Counsel about such requirements before undertaking management of a project.
Table 3-1 provides a brief summary of spill reporting requirement on Corps of Engineers sites.
3-4
EP 1110-1-33
15 Nov 08
CHAPTER 4
Report and Recordkeeping
4-1. Introduction.
a. The release of oil or a hazardous substance to the environment must be formally
documented under several environmental regulations including, but not limited to, 40 CFR 302,
40 CFR 112, and 40 CFR 110. As much detail as possible about the release of oil, a hazardous
substance, or an EHS in excess of a RQ must be compiled so that appropriate staff can determine
if the National Response Center (NRC), SERC, or LEPC need to be notified.
b. In the event that a harmful quantity of oil is released to waters of the U.S. (oil
sheen/film), reporting to the NRC under 40 CFR 110 is required. In addition, if an oil spill to
waters of the U.S. exceeds 1000 gal. or if 42 gal. or more of oil are discharged in two separate
events during any 12-month period, facilities must meet additional reporting to EPA in
accordance with 40 CFR 112.4. All occurrences of spills must be documented and reflected in
the Spill Prevention, Control and Countermeasure (SPCC) Plan when changes in operating
procedures are dictated. When engineering controls cannot be used to minimize a reoccurrence,
contingency plans should be modified to address that. An important element of when a release is
reportable is whether an amount of the hazardous substance or EHS equaling or exceeding the
RQ is released over a 24-hour period. Under EPCRA § 304(a), releases of EHSs are only
reportable if they occur in a manner that requires, or would require, notification under CERCLA
§ 103(a). EPA has interpreted this provision to mean the 24-hour period policy under CERCLA
is also applicable under EPCRA. This refers to the time period over which a release is to be
measured and it does not mean the responsible person has 24-hours to report. However, the
District Office of Counsel should be consulted before a decision is made not to report a release.
4-2. Spill Reporting.
a. Verbal. A report of a hazardous substance release, an EHS release, an oil spill, or a
DOT incident only takes a few minutes. Tables 2-2, 2-3, and 2-4 identify the appropriate
Federal, state, and local agencies under Federal statutes or regulations to immediately contact
when there has been a reportable release or spill. Reporting to the NRC, SERC, LEPC or 911
(when appropriate) must occur immediately upon the discovery that an RQ has been exceeded.
CERCLA § 103(a) and EPCRA § 304 require that the NRC, SERC, and LEPC be notified when
there is a release of an RQ of a hazardous substance or EHS into the environment. However,
EPCRA reporting to the SERC and LEPC does not apply if the release results in exposure to
persons solely within the site or sites on which a facility is located. The reporter should be
prepared when calling to report a spill with as much of the information identified in Appendix C
as possible. If the spill is an EHS, there are additional items to include in the verbal report.
Appendix C has those additional items at the bottom of list of data needs.
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EP 1110-1-33
15 Nov 08
b. Written Reports. A follow-up report for a release of a CERCLA hazardous substance
is not required by Federal statute or regulation unless it meets EPA’s definition of a continuous
release (40 CFR 302.8). However, the reader should be aware that the CERCLA statute
[§ 311(g)] states:
“Until the promulgation of such rules and regulations, the owner and operator of any
vessel or facility from which a hazardous substance has been released shall provide
reasonable notice to potential injured parties by publication in local newspapers
serving the affected areas.”
The District Office of Counsel must be consulted as to whether a reportable release at a HTRW
remediation project would require a notice in the local newspaper.
(1) As soon as practicable, after a release that requires notice under EPCRA § 304, the
owner or operator of the facility is required to submit a written follow-up notice to the affected
LEPCs and SERC [40 CFR 355.40(b)(3)]. This report must contain all the information required
in the initial notification, plus any updated and additional information with respect to actions
taken to respond to and contain the release, any known or anticipated acute or chronic health
risks associated with the release, and, where appropriate, advice about medical attention
necessary for exposed individuals.
(2) If you are the owner or operator of a facility subject 40 CFR 112, whenever your
facility has discharged more than 1000 gal. of oil in a single discharge or discharged more than
42 gal. of oil in each of two discharges within a 12-month period, an amendment to the SPCC
plan must be submitted to the EPA Regional Administrator within 60 days. The contents of this
amendment are identified in 40 CFR 112.4.
(3) A detailed hazardous materials incident report (DOT Form F 5800.1) must be prepared
by each person in physical possession of a hazardous material at the time that any of the
incidents identified in 49 CFR 171.15 occurs during transportation (including loading, unloading,
and temporary storage). The incident report must be submitted within 30 days of discovery of
the incident. In addition to any of the incidents set forth in § 171.15(b), a report must be
submitted for an unintentional release of a hazardous material or the discharge of any quantity of
a hazardous waste. A report is also required for an undeclared hazardous material shipment or
when a 1000 gal. or large cargo tank containing hazardous material suffers structural damage to
the lading retention system even it there is no release of hazardous material.
4-3. Recordkeeping and Documentation. All verbal reports made to Federal, state, and local
agencies should be documented and retained in the project files. Records should be retained in
accordance with DOD, Army and USACE requirements.
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CHAPTER 5
Planning
5-1. Introduction. The USACE representative is responsible for coordination of the spill
reporting procedures for USACE HTRW projects. The USACE representative must ensure that
the planning for and implementation of the requirements are in place before on-site activities
begin at HTRW projects. Project planning must identify the roles and responsibilities of the
contractor, USACE, and customer (if applicable).
5-2. Special Contract Provisions. All contracts for HTRW site remedial action shall contain a
section in the contract documents that outlines contractor responsibilities for spill reporting. The
contract documents shall identify when the USACE representative shall be responsible for
making all appropriate notifications or if the installation environmental coordinator will be acting
on behalf of the facility owner and making all reports to the Federal, state, and local agencies.
The contract documents must address the regulatory timelines for immediate reporting and
details of the information that must be provided for spill reporting.
a. If it is decided that the contractor shall be required to report all spills directly to the
appropriate authorities, contract specifications must include appropriate language, such as:
“The contractor is required to make all spill notifications under state, Federal and
local regulations, including, but not limited to 40 CFR 110, 302, 355, 370, 372, etc.,
immediately upon discovery, to appropriate regulatory authorities. Within one hour
of notification to regulatory authorities, the contractor shall submit a written report
to the USACE Representative. Within 24 hours the contractor shall submit a
written report to the USACE Representative which contains the information
required from the spill notification information list (Appendix C) and spill
notification checklist (Appendix D).”
b. If it is determined that the USACE representative shall report spills, the following
requirement or similar language shall be added to the contract:
“The contractor shall notify USACE immediately upon discovery of any
spill/release. The contractor shall follow-up within 24 hours with a spill report.
A spill report shall contain at a minimum the lines required in enclosure 1.”
The contract documents must define what constitutes immediate reporting and be in compliance
with regulatory requirements.
5-3. Training Provisions. Each District shall ensure that all USACE personnel involved in onsite activities at HTRW sites are familiar with, comply with, and have obtained copies of the
Spill Reporting Requirements contained in this EP.
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APPENDIX A
References
A-1. Public Laws and Regulations:
10 CFR 71
Packaging and Transportation of Radioactive Material.
33 CFR 153, Subpart B
Notice of the Discharge of Oil or a Hazardous Substance.
40 CFR 68
Chemical Accident Prevention Provisions.
40 CFR 110
Discharge of Oil.
40 CFR 110.6
Clean Water Act. Immediate notification to NRC of a discharge of oil.
40 CFR 112
Oil Pollution Prevention.
40 CFR 112.4
Clean Water Act. Amendment of SPCC Plan by Regional Administrator.
40 CFR 117
Clean Water Act. Determination of Reportable Quantities for Hazardous Substances.
40 CFR 117.21
Clean Water Act. Notice of Discharge of a Reportable Quantity.
40 CFR 122.41
Clean Water Act. Conditions applicable to all NPDES permits.
40 CFR 263.30
Hazardous Waste Discharges. Immediate Action.
40 CFR 280.53
Reporting and Cleanup of Spills and Overfills.
40 CFR 302.6(a)
Comprehensive Environmental Response, Compensation, and Liability Act. Notification
requirements of a hazardous substance release (equal to or greater than RQ).
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40 CFR 355.40
Emergency Planning and Community Right-to-Know Act. Release of SARA extremely
hazardous substance or CERCLA hazardous substance equal to or greater than RQ.
40 CFR 761.120, 761.126
Toxic Substance Control Act. PCB Spill (equal to or greater than 50 ppm) with release to
surface water/drinking water supplies sewers/grazing lands, etc.
40 CFR 280
Technical Standards and Corrective Action Requirements for Owners and Operators of
Underground Storage Tanks (USTs).
40 CFR 302
Designation, Reportable Quantities, and Notification.
40 CFR 355
Emergency Planning and Notification.
40 CFR 370
Hazardous Chemical Reporting: Community Right-To-Know.
40 CFR 372
Toxic Chemical Reporting Release Reporting: Community Right-To-Know.
40 CFR 761
Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution in Commerce,
and Use Prohibitions.
49 CFR 171
General Information, Regulations and Definitions.
49 CFR 171.15, 171.16
Hazardous Material Transportation Act. Governs the immediate notice of certain hazardous
material incidents and detailed hazardous material incident reports.
A-2. Executive Orders:
Executive Order 12856
Federal Compliance with Right-to-Know Laws and Pollution Prevention Requirements.
A-3. Department of the Army:
AR 200-1
Environmental Protection and Enhancement.
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DA Pam 200-1
Environmental Protection and Enhancement.
A-4. U.S. Army Corps of Engineers:
ER 200-2-3
Environmental Quality-Environmental Compliance Policies.
EM 385-1-1
Safety-Safety and Health Requirements.
UFC 015720
Unified Facilities Guide Specification, Environmental Protection, Section 015720.
CEMP-RT Memorandum
Spill Reporting Procedures for USACE Personnel Involved in HTRW Projects, dated 20 July
1995.
A-5. Other Federal Agencies:
EPA Emergency Response Program
http://www.epa.gov/superfund/programs/er/triggers/haztrigs/whatinfo.htm
EPA State Emergency Response Commission
http://www.epa.gov/ceppo/serclist.htm
EPA Local Emergency Planning Committee
http://yosemite.epa.gov/oswer/lepcdb.nsf/HomePage
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APPENDIX B
Examples of Spill Reporting Scenarios
B-1. Oil/Electrical Equipment.
a. Setting. At a military construction project, planning has determined that a vertical
construction project can be located over the footprint of an existing structure. A large network
transformer containing 1000 gal. of 11,000 ppm PCB oil (7.5 lb/gal.) will need to be taken out of
service.
b. Details. The transformer was drained of oil. The carcass and 20 drums of PCB oil
were relocated to a temporary storage area. The storage area is immediately adjacent to a small
drainage swale that flows to a nameless creek (navigable water). A series of thunderstorms has
required periodic drainage of precipitation from the secondary containment area over the last
couple of weeks. A particularly violent thunderstorm from the previous evening requires an
0800 inspection visit to drain precipitation. Upon arrival, workers discovered that a large limb
from a nearby tree had knocked over two drums, the bungs were inadequately closed, and the
entire content of the drums was lost to the containment system. Closer observation has shown
that the drain value for the containment area was not replaced after the previous storm event. All
100 gal. of oil was discharged from the containment system and storm water has swept the oil to
navigable waters. A short walk down the swale to the nameless creek confirms a visible film of
oil where the swale empties to the creek. A quick check of records indicates that the last
inspection was 1730 the previous evening.
c. Reporting Requirements.
(1) Trigger. Discharges of oil in such quantities as “may be harmful” pursuant to section
311(b)(4) of the Act [FWPCA or CWA] 40 CFR 110.6 requires notification to the NRC (800424-8802) for releases of oil that “may be harmful” (40 CFR 110.3). [Facility owner or
operator].
(2) Trigger. Notice of Discharge of a Reportable Quantity; NRC notification per 33 CFR
153.203 (via 40 CFR 117.21) [see immediately below] [Facility owner or operator].
(3) Trigger. 40 CFR 302.6 Notification Requirements Evaluate CERCLA RQ release
(40 CFR 302.5).
(a) Time needs to be less than 24 hours (1730–0800 = 14.5 hours).
(b) PCBs designated in 40 CFR 302.4 as a Hazardous Substance (RQ = 1 lb).
(c) 11,000 ppm /1,000,000 ppm = approximately 1%.
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(d) 1% of 750 1b = approximately 7.5 lb of PCBs OR (11,000 ppm PCB)/1,000,000
ppm)×(7.5 lb/gal.)×(100 gal.) = 8.25 lb PCBs.
(e) NRC notification per 40 CFR 302.6; redundant with 33 CFR 153.203 (40 CFR 117.21)
[Any person].
(4) Trigger. PCB Spill Reporting 40 CFR 761.125(a)(1).
(a) NRC notification for greater than 1 lb (RQ) [redundant].
(b) Notify EPA Regional Office for PCB (PCB material) release to surface water
(40 CFR 761.125(a)(1)(i)). [Responsible party].
d. Summary of NRC Reporting.
(1) Oil Discharge, OPA (40 CFR 110) => NRC.
(2) HS (RQ PCB) Release to navigable waters (40 CFR 117) => NRC.
(3) HS (RQ PCB) release to environment (40 CFR 302) => NRC.
(4) PCBs to surface water (40 CFR 761) => EPA Region.
B-2. Off-site Transporter/DOT.
a. Setting. A CERCLA non-time-critical removal requires the off-site shipment of environmental media the meets a RCRA hazardous waste characteristic.
b. Details. A construction contractor excavated an old pesticide disposal pit. Historical
informal records and interviews provided enough information to warrant commercial chemical
product listings (DDT: U061 and Chlordane: U036). The highly contaminated material (more
than 1% total pesticides) was loaded out in 10 intermediate bulk containers of 1 m3 (IBC, woven
fiber “super sacks”) on a flat bed trailer for off-site incineration.
(1) Chemistry staff indicates an average concentration of both DDT and Chlordane would
be 700 mg/kg for each 1200-kg sack.
(2) (700 mg/kg DDT)×(1200 kg/sack) = 840,000 mg = 840 g = 0.84 kg×(2.2 lb/kg) = 1.85
lb of DDT and Chlordane per sack. The CERCLA RQ for both is 1 lb.
(3) In route (by highway) to the designated TSDF, the driver was forced to make a strong
defensive maneuver, resulting in the vehicle and load ending up in the roadside ditch. Correct
load securing saved all but one sack, which ended up off the truck and split. The entire contents
were released from the IBC.
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c.
Reporting Requirements.
(1) Trigger. 40 CFR 302.6 Notification Requirements Evaluate CERCLA RQ release (40
CFR 302.5).
(a) Time needs to be less than 24 hours (instantaneous release).
(b) DDT/Chlordane designated in 40 CFR 302.4 as a Hazardous Substance (RQ = 1 lb).
(c) See calculation in B-2b(2).
(d) [Any person, i.e., Transporter, 40 CFR 263.30(c)(1)].
(2) Trigger. 49 CFR 171.16(a) Report in writing within 30 days of discovery to DOT on
DOT From F 5800.1. Address 49 CFR 171.16(a)(1)–(a)(2) criteria (manifest, quantities).
(3) Summary.
(a) HS (RQ) release to environment (40 CFR 302) => NRC.
(b) DOT Written Notification (49 CFR 171.16) => DOT.
(c) Contractual mechanism must be in place to determine the transporter has met their
obligation and DOD, as the generator, is properly represented.
B-3. HTRW Remediation at an Active Military Installation.
a. Setting. A HTRW remediation is in the startup phase at a military installation. The
process is a groundwater pump and treat system that is using potassium permanganate in the
treatment process to oxidize organics.
b. Details. The installation has an environmental coordinator who has informed the
USACE representative and the contractor that they are not to make any direct contacts with the
installation’s regulators. As a part of this instruction, the coordinator also stated that in the
event of an emergency (e.g., fire or spill), USACE or their contractor are to immediately notify
the installations fire department (emergency control center) and the installation environmental
coordinator. If any emergency reporting is necessary to Federal, state or local agencies as a
result of an oil spill or release of CERCLA hazardous substance, the installation environmental
coordinator will make these reports. The contractor has a supply company delivering a drum of
potassium permanganate crystals to the treatment plant for use in the treatment process. As the
potassium permanganate is being lowered on the tailgate lift outside of the treatment plant
building, the drum falls off the end gate and breaks open spilling the entire contents of the 50-kg
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iron drum on the ground owing to lid failure. A quick check of the shipping papers and the
MSDS indicates that the potassium permanganate is not an EPCRA extremely hazardous
substance (verified by checking 40 CFR 302.4 and 355 Appendix A) but does have a reportable
quantity of a CERCLA hazardous substance in one package (50 kg × 2.2 lb/kg = 110 lb).
c. Reporting Requirements.
(1) Trigger. 40 CFR 302.6 Notification Requirements Evaluate CERCLA RQ release
(40 CFR 302.5).
(a) Time needs to be less than 24 hours (instantaneous release to environment).
(b) Potassium permanganate designated in 40 CFR 302.4 as a hazardous substance
(RQ = 100 lb).
(c) Person in charge of facility must immediately report to NRC.
(2) Trigger. 49 CFR 171.16 Detailed Hazardous Materials Incident Report. Although
the spill of a DOT hazardous material does not require immediate reporting to the NRC under
§ 171.15, a DOT Form F 5800.1 must be submitted within 30 days when there has been an
unintentional release of a hazardous material.
(3) Summary.
(a) HS (RQ) released to environment (40 CFR 302) => USACE contractor shall
immediately report spill information (see Appendix C) to installation fire department and
environmental coordinator. The installation environmental coordinator, as the facility owner,
shall make the report to the NRC. USACE representative shall verify with installation
environmental coordinator that the NRC notification has been made.
(b) DOT written notification (49 CFR 171.16) => Submit DOT Form F 5800.1 to DOT.
Recommend the District Office of Counsel be notified to verify a report is necessary as the spill
occurred on an active installation and it may no longer be considered in commerce. Because this
DOT incident occurred on the installation, this should be coordinated with the installation
environmental office as well.
B-4. HTRW Remediation at a Superfund Project.
a. Setting. USACE is performing a CERCLA removal action at an EPA Superfund
project that requires the government to provide an alternate water supply to the community
because of a significant groundwater contamination problem. A water treatment system has been
constructed to supply the area residents with potable drinking water. The water is disinfected by
gas chlorination before the treated water is pumped into the existing water distribution system.
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The chlorination system uses 1-ton gas cylinders of chlorine. An agreement between USACE
and EPA has designated the responsibility for spill reporting and signing manifests to USACE.
USACE has contract provisions that the contractor is responsible for all spill reporting to
Federal, state, and local agencies. USACE is to be notified as soon as possible after the
emergency notifications have been made.
b. Details. A 1-ton cylinder of chlorine gas is being delivered to the water treatment
plant. The water treatment plant is located adjacent to a major highway through the community.
As the chlorine gas cylinder is being unloaded from the truck, to be placed into the chlorine
room, the valve is inadvertently damaged and begins to release chlorine gas. It was not possible
to ascertain how much chlorine gas was escaping but the noise of the escaping chlorine gas was
very loud from the damaged valve. The personnel immediately vacated the area of the leaking
cylinder. The personnel knew from their training that chlorine gas was a CERCLA hazardous
substance and an EPCRA extremely hazardous substance. The fire department was immediately
called. The prevailing wind forced the closure of the highway and evacuation of residents
downwind from the chlorine release for 2 hours while the fire department and contractor’s
personnel worked to stop the leaking chlorine cylinder.
c. Reporting Requirements.
(1) Trigger. 40 CFR 302.6 Notification Requirements Evaluate CERCLA RQ release
(40 CFR 302.5).
(a) Time needs to be less than 24 hours (instantaneous release).
(b) HS (RQ Chlorine 10 lb) is difficult to estimate at the site.
(2) Trigger. 40 CFR 355.40 Emergency Release Notification.
(a) Time needs to be less than 24 hours.
(b) Chlorine is an EPCRA extremely hazardous substance, 40 CFR 355, Appendix A,
RQ = 10 lb.
(3) Trigger. 49 CFR 171.15 Immediate notice of certain hazardous materials incidents.
(a) Time frame: Highway was closed and public was evacuated for more than 1 hour.
(b) Written report to DOT required for hazardous material incident (DOT Form F 5800.1).
(4) Summary. The contract documents made the contractor responsible for all spill
reporting. The USACE representative was responsible for informing the EPA RPM as soon as
the contractor notified USACE.
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(a) HS (RQ) release to the environment (40 CFR 302) => NRC.
(b) EHS (RQ) release beyond facility or site (40 CFR 355) => NRC, SERC, LEPC. Note:
There are provisions to call 911 in lieu of the SERC and LEPC where the release is transportation related and moving under active shipping papers, provided the material has not reached the
consignee [40 CFR 355.40(b)(3)(ii)].
(c) DOT reportable incident because a highway was closed and the general public was
evacuated for more than 1 hour. => NRC and file written incident report with DOT within 30
days on DOT Form F 5800.1 (49 CFR 171.15 and 171.16).
(d) The contractor notifies the NRC, SERC, LEPC, and local fire department by calling
911. The contractor provided notification to the USACE representative as soon as reasonably
possible after the appropriate Federal, state, and local agencies were notified. The USACE
representative in turn contacts the EPA RPM for the site to notify them of the release of the
chlorine gas.
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APPENDIX C
U.S. Army Corps of Engineers Spill Notification Information List
To the extent possible, when a spill or release is reported, the following information should be
recorded and provided to the National Response Center (NRC) (800) 424-8802.
• Name, address, and telephone number of reporting individual.
• Date and time of day the spill was reported.
• Name of individual or agency the spill was reported to.
• Name of individual who can be contacted for further information.
• Date and time the incident occurred or was discovered.
• Name of the party or individual responsible for the incident.
• Mailing address and telephone number of the responsible party.
• Specific geographic location of the incident.
• Name of material spilled or released.
• Source of the spilled material.
• Cause of the release.
• Total quantity released.
• Whether material was released to air, ground water, or subsurface.
• Amount spilled into water.
• Weather conditions.
• Vessel name, rail car or truck number, or other identifying information.
• Name of carrier/transporter.
• Number and type of injuries or fatalities.
• Whether evacuations have occurred.
• Whether a continuing danger to life exists at the scene.
• Estimated dollar amount of property damage.
• Description of clean-up action taken and future clean-up plans.
• Other agencies that have been notified or will be immediately notified.
• Whether there is any known or anticipated acute or chronic health risks associated with the
emergency, and, where appropriate, provide advice regarding medical attention necessary
for exposed individuals.
• Proper precautions to take as a result of the releases during evacuation.
• Natural resources that may be affected.
• Landowner.
EPCRA reporting requirements in addition to above items:
• Chemical name or identify of the released substances.
• Whether the substance was an EHS.
• Time and duration of the release.
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• Associated health risks and medical attention necessary for exposed individuals.
• Precautions to take due to the release.
Reference: http://www.epa.gov/superfund/programs/er/triggers/haztrigs/whatinfo.htm
Example Spill Notification Form:
1.
a. Name of Reporting Person: ______________________________________________
b. Address of Reporting Person: ____________________________________________
c. Telephone number of reporting individual: __________________________________
2.
a. Date Spill reported: ____________________________________________________
b. Time Spill Reported: ______________AM/PM________EST/CST/MST (circle one)
3. Name of individual and/or agency the spill was reported to:
_____________________________________________________________________________
4. Name of individual who can be contacted for further information:
_____________________________________________________________________________
5. Incident occurred or was discovered:
a. Date: ____________ b. Time: ___________AM/PM______EST/CST/MST (circle one)
6. Name of the party or individual responsible for the incident:
______________________________________________________________________________
7. Mailing address and telephone number
of the responsible party:
______________________________________________________
______________________________________________________
______________________________________________________
______________________________________________________
8. Specific geographic location of the incident:
9. Name of material spilled or released:
10. Source of the spilled material:
____________________________________
____________________________________
__________________________________________
_______________________________________________
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11. Cause of the release:
_____________________________________________________
_____________________________________________________
12. Total quantity released: ________________________________________(Identify Units)
13. Identify whether material was released to air, ground water, or subsurface or combination:
_____________________________________________________________________________
14. Amount spilled into water: _______________________________________(Identify Units)
15. Weather conditions:
_____________________________________________________
16. Vessel name, rail car/truck number
or other identifying information:
_______________________________________________
17. Name of carrier/transporter:
Address:
Phone Number:
_______________________________________________
_______________________________________________
_______________________________________________
18. Number and type of injuries or fatalities: ________________________________________
19. Identify and describe any evacuations
that have occurred: ____________________________________________________________
____________________________________________________________
20. Identify whether a continuing danger
to life exists at the scene: ________________________________________________________
________________________________________________________
21. Estimated dollar amount of property damage: ____________________________________
22. Describe clean-up action(s) taken and
future clean up plans: ___________________________________________________________
___________________________________________________________
23. Identify other agencies that have been notified
or will be immediately notified:____________________________________________________
____________________________________________________
24. Identify whether there is any known or anticipated acute or chronic health risks associated
with the emergency, and, where appropriate, advice regarding medical attention necessary for
exposed individuals.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
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25. Describe proper precautions to take as a result of the releases during evacuation:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
26. Identify natural resources that may be affected:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
27. Landowner:
______________________________________________________________________________
EPCRA reporting requirements in addition to above items:
28. Chemical name or identify of the released substance(s)
______________________________________________________________________________
______________________________________________________________________________
29. Identify whether the substance was an Extremely Hazardous Substance: ________________
30. Time and duration of the release:________________________________________________
31. Associated health risks and medical attention necessary for exposed individuals:
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
32. Precautions to take due to the release:
______________________________________________________________________________
______________________________________________________________________________
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APPENDIX D
U.S. Army Corps of Engineers Spill Notification Checklist
_____ ▪ Discharge/Spill Observed
Date:
________________________________________________
Location:
________________________________________________
Recorder:
________________________________________________
_____ ▪ Call National Response Center (800) 424-8802
Note: If direct reporting to the NRC is not practicable, reports my be
madeto the EPA Regional Office
EPA Regional Emergency Number:
Notification to NRC made by:
Time of Notification:
Date of Notification:
Name of Person at LEPC:
______________________________
______________________________
______________________________
______________________________
______________________________
_____ ▪ Call the Local Emergency Planning Committee (LEPC)
Telephone number of LEPC:
______________________________
Notification to LEPC made by:
______________________________
Time of Notification:
______________________________
Date of Notification:
______________________________
Name of Person at LEPC:
______________________________
_____ ▪ Call the State Emergency Response Commission (SERC)
Telephone number of SERC:
______________________________
Notification of SERC made by:
______________________________
Time of Notification:
______________________________
Date of Notification:
______________________________
Name of Person at SERC:
______________________________
Note: Notice to the LEPC and SERC are necessitated by SARA Title III.
_____ ▪ Call your District Chain-of-Command Office
Telephone number of office:
______________________________
Notification made by:
______________________________
Time of Notification:
______________________________
Date of Notification:
______________________________
Name of Person at District Office: ______________________________
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GLOSSARY
Section I
Acronyms
CAA
Clean Air Act
CEMP
Corps of Engineers Directorate of Military Programs
CERCLA
Comprehensive Environmental Response, Compensation, and Liability Act
CFR
Code of Federal Regulations
CWA
Clean Water Act
DERP
Defense Environmental Restoration Program
DOT
Department of Transportation
ECC
Environmental Compliance Coordinator
EHS
Extremely Hazardous Substance
EP
Engineering Pamphlet
EPA
Environmental Protection Agency
EPCRA
Emergency Planning and Community Right-to-Know Act
ER
Engineering Regulation
ESFO
Environment Support for Others
FUSRAP
Formerly Utilized Sites Remedial Action Program
FUDS
Formerly Used Defense Sites
HMTA
Hazardous Material Transportation Act
HTRW
Hazardous, Toxic, Radioactive Waste
HQUSACE
Headquarters, U.S. Army Corps of Engineers
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IOSC
Installation On-Scene Coordinator
IRP
Installation Restoration Program
LEPC
Local Emergency Planning Committee
MSDS
Material Safety Data Sheet
NCP
National Oil and Hazardous Substances Pollution Contingency Plan
NRC
National Response Center
NRC
Nuclear Regulatory Commission (when dealing with radioactive materials)
OSC
On-Scene Coordinator
OSHA
Occupational Safety and Health Administration
OPA
Oil Pollution Act
PBT
Persistent Bioaccumulative Toxic
PCBs
Polychlorinated Biphenyl
PRP
Primary Responsible Party
RA
Regional Administrator
RA
Remedial Action
RCRA
Resource Conservation and Recovery Act
RPM
Remedial Project Manager
RPO
Radiation Protection Officer
RQ
Reportable Quantity
SERC
State Emergency Response Commission
SPCC
Spill Prevention, Control and Countermeasure
TPQ
Threshold Planning Quantities
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TSCA
Toxic Substances Control Act
USACE
U.S. Army Corp of Engineers
USCG
United States Coast Guard
UST
Underground Storage Tank
Section II
Terms
Discharge means any intentional or unintentional spilling, leaking, pumping, pouring, emitting,
emptying, or dumping that is caused by events occurring within the scope or relevant operating
or treatment systems.
Environment includes water, air, and land, and the interrelationship which exists among and
between water, air, and land and all living things.
Extremely Hazardous Substance means a substance listed in Appendices A and B of 40 CFR
355, Emergency Planning and Notification.
Facility under CERCLA means (i) any building, structure, installation, equipment, pipe or
pipeline (including any pipe into a sewer or publicly owned treatment works), well, pit, pond,
lagoon, impoundment, ditch, landfill, storage container, motor vehicle, rolling stock, or aircraft,
or (ii) any site or area where a hazardous substance has been deposited, stored, disposed of, or
placed, or otherwise come to be located; but does not include any consumer product in consumer
use or any vessel. However, it would be important to coordinate this definition with Office of
Counsel for other statutes and regulations.
Hazardous Chemical means any hazardous chemical as defined under section 1910.1200(c) of
Title 29 of the Code of Federal Regulations, except that such term does not include the following
substances … Any substance to the extent it is used in a research laboratory or a hospital or other
medical facility under the direct supervision of a technically qualified individual.
Hazardous Substance means any substance designated by the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA), Resource Conservation Recovery Act
(RCRA), Clean Water Act (CWA), any pollutant listed under the Clean Air Act (CAA), or any
imminently hazardous chemical substance under Toxic Substances Control Act (TSCA). The
term does not include petroleum, including crude oil or any fraction thereof which is not
otherwise specifically listed or designated as a hazardous substance, or natural gas, natural gas
liquids, liquified natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such
synthetic gas).
MSDS or Material Safety Data Sheet is the document containing the chemical name or the
common name of each chemical plus the hazardous component of each such chemical, as well as
handling and disposal information. This sheet is required under OSHA for each hazardous
chemical located at a site.
Glossary-3
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Navigable Waters means the waters of the United States, including the territorial seas.
National Contingency Plan, or The National Oil and Hazardous Substances Pollution
Contingency Plan (NCP) (40 CFR Part 300), is the document designed to provide the basic
blueprint for the entire CERCLA response program. The NCP reflects the latest of EPA’s
detailed cleanup and response policies and procedures.
Offshore Facility under CERCLA means any facility of any kind located in, on, or under any of
the navigable waters of the United States, and any facility of any kind that is subject to the
jurisdiction of the United States and is located in, or on, or under any other waters, other than a
vessel or a public vessel.
Oil means oil of any kind or in any form, including, but not limited to petroleum, fuel oil, sludge,
oil refuse, and oil mixed with wastes other than dredged spoil.
Onshore Facility under CERCLA means any facility (including, but not limited to, motor
vehicles and rolling stock) of any kind located in, on, or under any land or non-navigable waters
within the United States.
Owner/Operator means (i) in the case of a vessel, any person owning, operating, or chartering
by demise, the vessel, (ii) in the case of an onshore facility or an off-shore facility, any person
owning or operating such facility, and (iii) in the case of any facility, title or control of which
was conveyed due to bankruptcy, foreclosure, tax delinquency, abandonment, or similar means
to a unit of State or local government, any person who owned, operated or otherwise controlled
activities at such facility immediately beforehand.
PCBs mean polychlorinated biphenyls as defined under 40 CFR 761.3. As specified under 40
CFR 761.1(b), no requirements may be avoided through dilution of the PCB concentration.
Person under CERCLA means as individual, firm, corporation, association, partnership,
consortium, joint venture, commercial entity, United State Government, State, municipality,
commission, political subdivision of a state, or any interstate body. However, it would be
important to coordinate this definition with Office of Counsel for other statutes and regulations.
Release means any spilling, leaking, pumping, pouring, emitting, emptying, discharging,
injecting, escaping, leaching, dumping, abandoning, or disposing into the environment.
Reportable Quantity means that quantity, as set forth in 40 CFR 302, the release of which
requires notification to the National Response Center (NRC).
Responsible Party means, under TSCA, the owner of the PCB equipment, facility, or other
source of PCBs or his/her designated agent (e.g., a facility manager or foreman).
Sheen means an iridescent appearance on the surface of the water caused by oils, petroleum
products, etc.
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Spill as defined by TSCA, the term means both intentional and unintentional spills, leaks and
other uncontrolled discharges where the release results in any quantity of PCBs or hazardous
stances running off or about to run off the external surfaces of the equipment; or other PCB
source, as well as contamination resulting from those releases.
Spill Event means a discharge of oil into or upon the navigable waters of the United States or
adjoining shorelines in harmful quantities, as defined in 40 CFR 110. According to 40 CFR
110.3, harmful quantities include discharges of oil that (i) violate applicable water quality
standards, or (ii) cause a film or sheen upon or discoloration of the surfaces of the water or
adjoining shorelines or cause a sludge or emulsion to be deposited beneath the surface of the
water or upon adjoining shorelines.
Sludge means an aggregate of oil or oil and other matter or any kind in any form other than
dredged spoil having a combined specific gravity equal to or greater than water.
Threshold Planning Quantity (TPQ) means, for a substance listed in Appendices A and B of
40 CFR 355, the quantity listed in the column “threshold planning quantity” for that substance.
United States includes the several States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the
Commonwealth of the Northern Marianas, and any other territory or possession over which the
United States has jurisdiction.
Vessel means every description of watercraft or other artificial contrivance used, or capable of
being used, as a means of transportation on water other than a public vessel.
Glossary-5
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