Robert Clay, Lincoln University, Lessons Learned After Laboratory Fire, Missouri Hazardous Waste Seminar, November 5, 2015

1. REGFORM Hazardous Waste
Seminar 2015
Lessons Learned After
Laboratory Fire
Robert A. Clay, P.E., CHMM

2. Background (Lincoln Institute )
Founded in 1866 by soldiers and officers
of the 62nd and 65th United States Colored
Infantry w/$6400
Members, 65th USCT
62nd USCT Battle Flag
Sgt. John
Henry 62nd
USCT

3. Renamed Lincoln University (1921)
Oldest HBCU 1890 Land Grant Institution
• 3 University Farms
• 160 Acre Campus
• 3000 + students
• 7 Undergraduate degrees programs
in 50 different majors
• 4 Graduate degree programs
with 13 different majors

4. Lincoln University (2015)
• In 2013 Dr. Kevin D . Rome became the
19th University President.
• Mascot - Blue Tigers
• University Motto: "LABORARE ET
STUDERE“ - To labor and study
• Colors – Navy Blue and White
• Oath - …….We will transmit our
University to those who come after us
greater, better, and more beautiful, than
it was transmitted to us.
(Click here to visit Lincoln University’s website)

5. Lesson Learned:
• Inventory requirements Universities vs.
other generators (SQG/LQG’s)
• Emergency Response Reporting
• Contingency Planning

6. Lincoln University
Laboratories (Academic & Research)
• 50 Principal Investigators
• 80 staff members
• 14 Post Doc & Graduate Students
• 66 Student workers
• 35 laboratories
Lab involved in incident
5000 ft2 building
1175 ft2 lab space (4 labs)

7. Common Agencies for Universities and
Other LQG/SQG’s
• Environmental Protection Agency (EPA) – Emergency
Planning and Community Right-to Know Act (EPCRA)
hazardous chemical storage reporting
• Department of Homeland Security (DHS) – Chemicals
of Interest (COI)
• Occupational Health and Safety Administration
(OSHA) – Hazard Communication Standard (HCS)
• International Building Code (IBC) - Flammable material
and other storage limits
• National Fire Protection Association (NFPA 30 & 45) -
Flammable material and other storage limits
Agencies that Require Inventories

8. Typical University Specific Agencies:
• Centers for Disease Control and Prevention (CDC) –
Select agents and toxins
• Nuclear Regulatory Commission (NRC) – NORM/NARM
, sealed /unsealed radiation sources , and radioactive
wastes
• Drug Enforcement Agency (DEA) and Bureau of
Narcotics and Dangerous Drugs (BNDD) – Controlled
Substances and List I & II regulated chemicals
Agencies that Require Inventories

9. (EPCRA) was passed by Congress in response to concerns
regarding the environmental and safety hazards posed by
the storage and handling of toxic chemicals (1984 Bhopal,
India).
• Section 304. Emergency Notification - Facilities must immediately report
accidental releases of EHS chemicals and "hazardous substances" in
quantities greater than corresponding Reportable Quantities (RQs) must be
available to the public.
• Sections 311 and 312. Community Right-to-Know Requirements - Facilities
manufacturing, processing, or storing designated hazardous chemicals
must make Material Safety Data Sheets (MSDSs) available to state and
local officials and local fire departments. Facilities must also report, to
state and local officials and local fire departments, inventories of all on-site
chemicals for which MSDSs exist.
• Section 313. Toxics Release Inventory (TRI) - Facilities must complete and
submit a toxic chemical release inventory form (Form R) annually. Form R
must be submitted for each of the over 600 TRI chemicals that are
manufactured or otherwise used above the applicable threshold
quantities.
Emergency Planning and Community Right-to-Know Act

10. EPCRA Tier II Reporting (40 CFR 370.10(a))
Applicability
• Extremely Hazardous Substance (EHS) is present at
any one time in an amount equal to or greater than
500 pounds (227 kg - approx 55 gallons) or the
Threshold Planning Quantity (TPQ), whichever is
lower. EHSs and their TPQs are listed in 40 CFR
355 Appendix A and 40 CFR 355 Appendix B or;
• Any other hazardous chemical that is present at
your facility at any one time in an amount equal to
or greater than 10,000 pounds (or 4,540 kg).
http://www2.epa.gov/toxics-release-inventory-tri-program/tri-
threshold-screening-tool
Emergency Planning and Community Right-to-Know Act

11. EPCRA Tier II Reporting (40 CFR 370.13(c)(2))
You do not have to report substances for which you are
not required to have an MSDS under the OSHA
regulations………..Each of the following substances are
excluded under EPCRA section 311(e):…….In a research
laboratory or hospital or other medical facility under the
direct supervision of a technically qualified individual; or
But……….
The Missouri Emergency Response Commission (MERC)
require Universities w/labs that contain material ≥ the
TPQ’s to file a Tier II
(See 40 CFR 370.10(b)(2)) The threshold level for
responding to the following requests is zero….If your
LEPC, SERC, or the fire department with jurisdiction over
your facility requests that you submit Tier II information .
Emergency Planning and Community Right-to-Know Act

12. (CFATS) 6 CFR 27
Background info CFATS Act of 2014, CFATS FR 2014,
& CFATS FR 2007
Applicability
1. Any facility that possesses a Chemicals of Interest
(COI) in Appendix A at or above the Standard
Threshold Quantity (STQ) must complete a Top
Screen Assessment
2. DHS then assigns any facility deemed a high risk to
a preliminary tier based on the Top Screen survey.
3. Facility must then submit a Security Vulnerability
Assessment (SVA) if still deemed a high risk must
submit a Site Security Plan (SSP) that meets risk
based standards or Alternative Safety Plan (ASP)
Homeland Security Chemical Facility Anti-Terrorism Standards

13. Exemptions:
Release COI used in a laboratory under the supervision of
a “technically qualified individual” need not be counted
toward a facility’s STQ. For more information on this
provision, please refer to 6 CFR 27.203 (b)(2) similar to
40 CFR 370 .13(c)(2)
Violation of such a compliance order may result in
additional orders assessing civil penalties of $25,000 per
day per violation and/or requiring the facility to cease
operations.
Homeland Security Chemical Facility Anti-Terrorism Standards

14. Hazardous Waste (Emergency Planning)
EPCRA
• 40 CFR 302.4 Spill notification
• 40 CFR 355.10 & 40 CFR 355 .20 Emergency Planning
RCRA (Emergency Planning)
• 40 262.34(d)(5) SQG
• 40 CFR 264 Subpart D Emergency Response
Information LQG’s 40 CFR 264.16 Training & 40 CFR
264.52 Contingency Plan
Missouri DNR
• 10 CSR 25-5.262(I) Spill Notification
• 10 CSR 25-7.264(2)(D) Emergency Planning Procedures
LQG’s and SQG’s ≥ 1000kg at one time
• 40 CFR 264.16 Training
• 40 CFR 264.52 Contingency Plan
OSHA Hazardous Chemical/Substance (Emergency Planning)
• 29 CFR 1910.120(q)
Emergency Response (Notification & Planning)

15. 40 CFR 264.50 to 264.56 (Subpart D)
1. Designated Emergency Coordinator (available within a
short time)
2. Must post the following information next to the
telephone:
• The name and telephone number of the emergency
coordinator and Fire Dept;
• Location of fire extinguishers and spill control
material, and, if present, fire alarm
3. Ensure that all employees are trained on proper waste
handling and emergency procedures, relevant to their
responsibilities during normal facility operations and
emergencies;
General Emergency Response Requirements

16. 4. The emergency coordinator or his designee must
respond to any emergencies that arise in the following
manner:
A. In the event of a fire, call the fire department or
attempt to extinguish it using a fire extinguisher;
B. In the event of a spill, contain the flow of hazardous
waste to the extent possible, and as soon as is
practicable, clean up the hazardous waste and any
contaminated materials or soil;
C. notify the National Response Center (using their 24-
hour toll free number 800/424-8802) if spill has
reach surface waters based upon reporting
requirements
General Emergency Response Requirements

17. Must Contain
1. Arrangements with local police departments, fire
departments, hospitals, contractors, and State and local
emergency response teams to coordinate emergency
services
2. list names, addresses, and phone numbers (office and
home) of all persons qualified to act as emergency
coordinator
3. a list of all emergency equipment at the facility (such as fire
extinguishing systems, spill control equipment,
communications and alarm systems (internal and external),
and decontamination equipment), where this equipment is
required.
4. evacuation plan for facility personnel where there is a
possibility that evacuation could be necessary.
Emergency Response Req. (Contingency Plan)

18. If the owner or operator has already prepared a Spill
Prevention, Control, and Countermeasures (SPCC) Plan in
accordance with part 112 of this chapter, or some other
emergency or contingency plan, he need only amend that
plan to incorporate hazardous waste management
provisions that are sufficient to comply with the
requirements of this part.
Do I need an SPCC Plan?
Things to consider
• Oil reservoirs for elevators and transformers if
containers are 55 gal or greater counted toward the
1,320 gallon total or
• if UST gas storage is greater than 42,000 gallons
Emergency Response Req. (Contingency Plan)

19. 29 CFR 1910.120(p) & 29 CFR 1910.120(q)
Those emergency response organizations who have developed
and implemented programs equivalent to this paragraph for
handling releases of hazardous substances pursuant to section
303 of the Superfund Amendments and Reauthorization Act of
1986 (Emergency Planning and Community Right-to-Know Act
of 1986, 42 U.S.C. 11003) shall be deemed to have met the
requirements of this paragraph (see 40 CFR 264 Subpart D).
Incident Command System (ICS) part of National Incident
Management System (NIMS) Training federal government
Haz-Mat Response Training Requirements
• Safety Officer
• Awareness Level
• Operations Level
• Technician Level
EPA/OSHA Crosswalk Emergency Response Summary
Emergency Response Req. (OSHA)

20.  Key principles of National Incident Management
System:
 Common terminology
 Unified command structure
 Comprehensive resource management
 Integrated communications
 NIMS is centered on three main areas:
1. Incident Command System (ICS)
2. Multiagency Coordination Systems, and
3. Public Information System
Why we use NIMS

21. An incident life cycle:
1. Prevention/Mitigation
2. Preparedness
3. Response
4. Recovery
 Purpose: Four Phases of Emergency Management:
 To standardize a comprehensive emergency management
approach to easily fit …our needs
Four Phases of Emergency Management

22. Inventory:
• SQG do not have permits with inventory requirements on
waste (should be kept as best management practice)
• Remaining chemicals shipped as waste could change
generator status
• Many University labs do not reach TPQ and do not submit
Tier II for labs (Typically UST gas tanks are reportable).
• University Research labs still have to report on Tier II in
Missouri if TPQ reached.
• Many University labs do not reach STQ and do not submit
DHS Top Screen for labs
Emergency Planning:
• SQG’s that are over 1000 kg don’t submit contingency plans
• SPCC (is it needed?) plans are not submitted EPA/MDNR but
must be made available upon request.
• Review Contingency Plans include in NIMS scenarios
Highlights to Remember

23. Questions?