Hazardous substance response plan

Section 105 directs the President to revise the National Contingency Plan (NCP) (formerly limited to emergency response under Section 311 of the Clean Water Act) to include a new "hazardous substance response plan" setting out procedures and standards for response actions. This revision may be adopted only after notice and opportunity for public comment. 

Both removal and remedial actions may be carried out at the same site. To accomplish these tasks, CERCLA has given cleanup authority to U.S. EPA, has established the Hazardous Substance Response Trust Fund (Superfund) to finance the remedial actions at CERCLA sites, has initiated a procedure for the emergency response to accidental spills, and has imposed cleanup liability on those responsible. The National Contingency Plan (NCP) was developed in 1982 and in 1985 as the regulatory framework to guide these responses. 

Hazardous Materials Emergency Response Planning Guide. The National Response Team of the National Oil and Hazardous Substances Contingency Plan. Washington, D.C., 1987. 

CERCLA also established prohibitions and requirements related to closed and abandoned waste sites and provided liability for persons responsible for releases of hazardous wastes at those sites. CERCLA amended the National Oil and Hazardous Substances Contingency Plan [National Contingency Plan (NCP)] to provide a regulatory blueprint for federal response to releases of hazardous substances, pollutants, and contaminants. 

Emergency Plaiming and Notification. Establishes the list of extremely hazardous substances, threshold planning quantities and fecility notification responsibilities necessary for development of state and local emergency response plans. 

Hospitals must develop plans to respond to hazardous material emergencies occurring in industrial or agriculture settings. ATSDR offers hospitals free hazardous substance response guidance materials. Refer to the ATSDR website for additional information on these tools and resources. 

A pesticide manufacturing plant should prepare a hazard assessment and operability study and also prepare and implement an emergency preparedness and response plan that takes into account neighboring land use and the potential consequences of an emergency. Measures to avoid the release of harmful substances should be incorporated in the design, operation, maintenance, and management of the plant. Implementation of cleaner production processes and pollution prevention measures can yield both economic and environmental benefits. 

Report releases of a reportable quantity of a hazardous substance to the state Emergency Response Commission (SERC) for each state likely to be affected. Also provide notice to the local Emergency Planning Committee (LEPC) for any area affected by the release. 

Emergency planning. Businesses that produce, use, or store hazardous substances must (a) submit material safety data sheets or the equivalent and (b) file annual inventory report forms to the appropriate local emergency planning commission. Those handling extremely hazardous substances are also required to submit a one-time notice to the state emergency response commission. 

Extremely Hazardous Substances (EHSs) Emergency Planning EHS Release Notihcation (Notification to State Emergency Response Commission, Local Emergency Response Commission) and Follow-up Community Right-to-Know... 

Recommendation 4b. To promote the development and implementation of contingency responses during both closure and postclosure operations, control strategies for unexpected liquid runoff or particle dispersion, as well as for special hazardous substances—such as asbestos—should be integrated in the closure plan. 

Comprehensive Environmental Response, Compensation, and Liability Act, (CERCLA) Reportable Releases 40 CFR 302, "EPA Designation, Reportable Quantities, and Notification Requirements for Hazardous Substances under CERCLA," Table 302.4, "Lists of Hazardous Substances and Reportable Quantities " EPCRA Section 304 Reportable Releases 40 CFR 355, "The List of Extremely Hazardous Substances and their Threshold Planning Quantities," Appendix A, Alphabetical Order, and Appendix B, CAS Number Order. 

Importantly, the penultimate sentence of Section 105 requires that, following publication of the revised NCP, "the response to. .. hazardous substances releases shall, to the greatest extent possible, be in accordance with the provisions of the plan."... 

Section 104 of Superfund authorizes the President to remove or remedy any release or threatened release to the environment of any hazardous substance, as defined in Section 101(14) of the Act, or any other containment which may present an "imminent and substantial danger" to the public health or the environment. He may accomplish this by removing the hazardous substance, or by taking "any other response measure," unless he determined that such removal or remedy will be done by some responsible person. Regardless of which course the President chooses, Section 104(a)(1) states that it must be "consistent with the national contingency plan." Section 111(a) directs that the costs of such federal response be borne by the response fund created by the Act. 

From the start, the Environmental Protection Agency (EPA) has been inescapably involved in this problem through the Resource Conservation and Recovery Act and earlier legislation, but since 1979 it became evident that EPA s normal resources were quite inadequate to deal with the overall problem in a timely way. Therefore in late 1980 the Comprehensive Environmental Compensation and Liability Act of 1980 (the Superfund Act) was passed. The Act revises a more limited National Contingency Plan to permit response to hazardous substances and to provide extra funds for EPA to tackle the problem. 

There are two aspects to emergency communications the actual equipment used to communicate information about the incident and the types of communications or information-sharing required. The RCRA has specific requirements for the types of emergency communication equipment (alarm systems, phone or radio communications) that must be present. Under the EPCRA, facilities must provide information about their operations and substances used or stored on site when the Local Emergency Planning Committee (LEPC) or State Emergency Response Commission (SERC) requests it. If the facility uses or stores extremely hazardous substances (EHSs) in reportable quantities, it must appoint a representative to the LEPC. Several laws require that a copy of the ERP be made available to employees and... 

The National Advisory Committee for Acute Exposure Guideline Levels for Hazardous Substances (NAC/AEGL Committee) was established to develop scientifically credible short-term exposure limits for approximately 400 to 500 acutely toxic substances. These short-term exposure limits, referred to as acute exposure guideline levels, or AEGLs, are essential for emergency planning, response, and prevention of accidental releases of chemical substances. Further, it is important that the values developed be scientifically credible so that effective planning, response, and prevention can be accomplished. 

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