Background
During the early morning hours of December 3, 1984, a Union Carbide plant in a village just South of Bhopal, India released approximately forty tons of Methyl Isocyanate (MIC) into the air. Used in the manufacture of pesticides, MIC is a lethal chemical. The gas quickly and silently diffused over the ground and, in the end, killed, by some estimates, upwards to 5,000 people and injured 500,000 more. [1] The only other place in the world that Union Carbide manufactured MIC is at its Institute plant in the Kanawha Valley of West Virginia.
A week after the Bhopal accident, on December 11, 1984, Hank Karawan, then plant manager of the Union Carbide's Institute facility, held a press conference at which he expressed his confidence in the safety of the Institute plant's operations: [2]
All of us here at the Institute plant have been deeply saddened by the tragic event in India and we extend our sympathy to all the people in the city of Bhopal. I am pleased to have the opportunity to make a point here this morning. Employees of the Institute plant have been manufacturing MIC in an effective and safe manner for seventeen years. We are extremely proud of that safety record. We are confident in the ability of our trained, dedicated, skilled, and experienced people. We are confident in the equipment that we operate, the safety precautions that we utilize, the monitoring systems that we have, and our plant emergency preparedness.
Despite Mr. Karawan's vote of confidence for the safety of the MIC operations at his plant, Union Carbide elected to shut down production of the deadly chemical until it could make $500 million worth of safety improvements. On May 4, 1985, Union Carbide resumed production of MIC. On August 11, 1985, on the heels of the completion of the safety improvement program just a few months before, 500 gallons of aldicarb oxime and highly toxic MIC leaked from the Institute plant. Although no one was killed, 134 people living around the plant were treated at local hospitals.
Both the Bhopal and the Institute incidents underscored the reality of modern-day chemical production—no matter what safety precautions are taken, no matter how well trained a plant's employees may be, and no matter how prepared a plant may be to handle an emergency situation, accidents may still occur. Indeed, around the time of the Bhopal disaster, 6,928 chemical accidents occurred in the United States within a five-year period. In response to this growing threat, the United States Congress passed the Emergency Planning and Community Right-to-Know Act (EPCRA) in 1986. [3]
Emergency Planning (Sections 301–303, 42 U.S.C. §§ 11001-11003)
These sections are to ensure that state and local communities are prepared to respond to potential chemical accidents. As a first step, each state had to establish a State Emergency Response Commission (SERC). In turn, the SERC designated local emergency planning districts. For each district, the SERC appoints, supervises and coordinates the activities of a Local Emergency Planning Committee (LEPC). The LEPC must, in turn, develop an emergency response plan for its district and review it annually. The membership of the LEPC includes representatives of public and private organizations as well as a representative from every facility subject to EPCRA emergency planning requirements. [6]
The plan developed by the LEPC must:
- identify affected facilities and transportation routes;
- describe emergency notification and response procedures;
- designate community and facility emergency coordinators;
- describe methods to determine the occurrence and extent of a release;
- identify available response equipment and personnel;
- outline evacuation plans;
- describe training and practice programs and schedules; and
- contain methods and schedules for exercising the plan.
Determining if a facility is subject to the EPCRA emergency planning requirements is straightforward. The Environmental Protection Agency (EPA) has published a list of "extremely hazardous substances (EHS)." For each EHS, the list includes the name, the Chemical Abstract Service number of the substance, and a number called a threshold planning quantity (TPQ). The TPQ, expressed in pounds, is the critical number. If a facility has within its boundaries an amount of an extremely hazardous substance equal to or in excess of its threshold planning quantity, the facility is subject to the EPCRA emergency planning requirements and must notify both the SERC and the LEPC of this fact. The facility must also appoint an emergency response coordinator who will work with the LEPC on developing and implementing the local emergency plan at the facility.
Emergency Release Notification (Section 304, 42 U.S.C. § 11004)
A facility may be subject to these reporting requirements even if it is not subject to the provisions of Sections 301–303. This section applies to any facility which stores, produces or uses a "hazardous chemical" (any chemical which is a physical hazard or a health hazard) and releases a reportable quantity (RQ) of a substance contained in either of the following two tables published by the EPA in the Code of Federal Regulations:
- list of extremely hazardous substances; and
- list of CERCLA hazardous substances.
The RQ is the critical number that determines if a release must be reported. This is a number expressed in pounds that is assigned to each chemical in the above-mentioned tables. If the amount of a chemical released to the environment exceeds the reportable quantity, the facility must immediately report the release to the appropriate LEPC and SERC and provide a written follow-up as soon as practicable. Immediate notification must include the following:
- The name of the chemical;
- The location of the release;
- Whether the chemical is on the "extremely hazardous" list;
- How much of the substance has been released;
- The time and duration of the incident;
- Whether the chemical was released into the air, water, or soil, or some combination of the three;
- Known or anticipated health risks and necessary medical attention;
- Proper precautions, such as evacuation; and
- A contact person at the facility. [7]
In addition to immediate notification, facilities are required to provide a follow-up report, in writing, "update(ing) the original notification, provid(ing) additional information on response actions taken, known or anticipated health risks, and, if appropriate, advice regarding any medical care needed by exposure victims." [8] Failure to notify the proper authorities may result in civil penalties of up to $25,000 per day for each day of non-compliance and criminal penalties of up to $25,000 in fines and prison sentences of up to two years.
Of course there are exceptions. A release which results in exposure to persons solely within the facility boundary or is a federally permitted release does not have to be reported. Also, continuous pesticide and radionuclide releases meeting specified conditions are exempt.
The purpose of these requirements is to increase community awareness of chemical hazards and to facilitate emergency planning. This section applies to any facility that is required by the Occupational Safety and Health Administration (OSHA) under its Hazard Communication Standard to prepare or have available a Safety Data Sheet (SDS) for a hazardous chemical (See II above for definition) or that has on-site, for any one day in a calendar year, an amount of a hazardous chemical equal to or greater than the following threshold limits established by the EPA:
- 10,000 pounds (4,500 kg) for hazardous chemicals; or
- lesser of 500 pounds (230 kg) or the threshold planning quantity (TPQ) for extremely hazardous substances.
If a facility is subject to reporting under these sections, it must submit information to the SERC, the LEPC and the local fire department with jurisdiction over the facility under two categories: SDS reporting and inventory reporting.
SDS Reporting
SDS reporting requirements specifically provide information to the local community about mixtures and chemicals present at a facility and their associated hazards. For all substances whose on-site quantities exceed the above threshold limits, the facility must submit the following:
- initially a copy of the SDS for each above-threshold chemical on-site or a list of the chemicals grouped into categories; and
- within three months of any change, an SDS or list for additional chemicals which meet the reporting criteria.
Inventory Reporting
Inventory reporting is designed to provide information on the amounts, location and storage conditions of hazardous chemicals and mixtures containing hazardous chemicals present at facilities. The inventory report has two forms. The Tier One form, the simpler of the two, contains aggregate information for applicable hazard categories and must be submitted yearly by March 1. The Tier One form is no longer accepted by any state. The Tier Two form contains more detailed information, including the specific names of each chemical. This form is submitted upon request of any of the agencies authorized to receive the Tier One form. It can also be submitted yearly in lieu of the Tier One Form.
Toxic Chemical Release Inventory Reporting (Section 313, 42 U.S.C. § 11023)
Under this section, The EPA is required to establish the Toxics Release Inventory (TRI), an inventory of routine toxic chemical emissions from certain facilities. This inventory is intended to inform the public about releases of toxic chemicals. [9] The data gathered is also intended to assist in research and development of regulations, guidelines, and standards. The original data requirements for the TRI, specified in SARA Title III, have been greatly expanded by the Pollution Prevention Act of 1990. The TRI must now also include information on source reduction, recycling and treatment.
To obtain this data, EPCRA requires each affected facility to submit a Toxic Chemical Release Inventory Form (Form R) to the EPA and designated state officials each year on July 1. A facility must file a Form R if it:
- has 10 or more full-time employees;
- is in a specified Standard Industrial Classification Code; and
- manufactures more than 25,000 lb/year of a listed toxic chemical; or
- processes more than 25,000 lb/year of a listed toxic chemical; or
- otherwise uses more than 10,000 lb/year of a listed toxic chemical; or
- manufactures, processes or otherwise uses a listed persistent bioaccumaltive toxic (PBT) chemical above the respective PBT's reporting threshold. PBT reporting thresholds can vary anywhere from 0.1 grams for dioxin compounds to 100 pounds (45 kg) for lead.
On October 29, 1999, EPA published a final rule (64 FR 58666) adding certain chemicals and chemical categories to the EPCRA section 313 list of toxic chemicals and lowering the reporting threshold for persistent bioaccumulative toxic (PBT) chemicals. On January 17, 2001 EPA published a final rule (66 FR 4500) that classified lead and lead compounds as PBT chemicals and lowered their reporting thresholds.
In December 2006, the EPA finalized a new TRI Rule which expands eligibility for use of the Form A Certification Statement in lieu of the more detailed Form R. Details about this final rule can be found on the EPA website under TRI Reporting.
Methyl isocyanate (MIC) is an organic compound with the molecular formula CH3NCO. Synonyms are isocyanatomethane and methyl carbylamine. Methyl isocyanate is an intermediate chemical in the production of carbamate pesticides (such as carbaryl, carbofuran, methomyl, and aldicarb). It has also been used in the production of rubbers and adhesives. As an extremely toxic and irritating compound, it is very hazardous to human health. MIC was the principal toxicant involved in the Bhopal gas disaster, which eventually killed around 20,000 people in total as per official figures. It is also a very potent lachrymatory agent.
The Agency for Toxic Substances and Disease Registry (ATSDR) is a federal public health agency within the United States Department of Health and Human Services. The agency focuses on minimizing human health risks associated with exposure to hazardous substances. It works closely with other federal, state, and local agencies; tribal governments; local communities; and healthcare providers. Its mission is to "Serve the public through responsive public health actions to promote healthy and safe environments and prevent harmful exposures." ATSDR was created as an advisory, nonregulatory agency by the Superfund legislation and was formally organized in 1985.
Superfund is a United States federal environmental remediation program established by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). The program is administered by the Environmental Protection Agency (EPA). The program is designed to investigate and clean up sites contaminated with hazardous substances. Sites managed under this program are referred to as Superfund sites. Of all the sites selected for possible action under this program, 1178 remain on the National Priorities List (NPL) that makes them eligible for cleanup under the Superfund program. Sites on the NPL are considered the most highly contaminated and undergo longer-term remedial investigation and remedial action (cleanups). The state of New Jersey, the fifth smallest state in the U.S., is the location of about ten percent of the priority Superfund sites, a disproportionate amount.
A safety data sheet (SDS), material safety data sheet (MSDS), or product safety data sheet (PSDS) is a document that lists information relating to occupational safety and health for the use of various substances and products. SDSs are a widely used system for cataloguing information on chemicals, chemical compounds,chemical mixtures. SDS information may include instructions for the safe use and potential hazards associated with a particular material or product, along with spill-handling procedures. The older MSDS formats could vary from source to source within a country depending on national requirements; however, the newer SDS format is internationally standardized.
Nitrobenzene is an aromatic nitro compound and the simplest of the nitrobenzenes, with the chemical formula C6H5NO2. It is a water-insoluble pale yellow oil with an almond-like odor. It freezes to give greenish-yellow crystals. It is produced on a large scale from benzene as a precursor to aniline. In the laboratory, it is occasionally used as a solvent, especially for electrophilic reagents.
VG is a "V-series" nerve agent chemically similar to the better-known VX nerve agent. Tetram is the common Russian name for the substance. Amiton was the trade name for the substance when it was marketed as an insecticide by ICI in the mid-1950s.
Local Emergency Planning Committees (LEPCs) are community-based organizations that assist in preparing for emergencies, particularly those concerning hazardous materials. Under the Emergency Planning and Community Right-to-Know Act, Local Emergency Planning Committees (LEPCs) must develop an emergency response plan, review the plan at least annually, and provide information about hazardous materials in the community to citizens. Plans are developed by LEPCs with stakeholder participation. The LEPC membership must include :
The Toxic Substances Control Act (TSCA) is a United States law, passed by the 94th United States Congress in 1976 and administered by the United States Environmental Protection Agency (EPA), that regulates chemicals not regulated by other U.S. federal statutes, including chemicals already in commerce and the introduction of new chemicals. When the TSCA was put into place, all existing chemicals were considered to be safe for use and subsequently grandfathered in. Its three main objectives are to assess and regulate new commercial chemicals before they enter the market, to regulate chemicals already existing in 1976 that posed an "unreasonable risk of injury to health or the environment", as for example PCBs, lead, mercury and radon, and to regulate these chemicals' distribution and use.
Process Safety Managementof Highly Hazardous Chemicals is a regulation promulgated by the U.S. Occupational Safety and Health Administration (OSHA). It defines and regulates a process safety management (PSM) program for plants using, storing, manufacturing, handling or carrying out on-site movement of hazardous materials above defined amount thresholds. Companies affected by the regulation usually build a compliant process safety management system and integrate it in their safety management system. Non-U.S. companies frequently choose on a voluntary basis to use the OSHA scheme in their business.
Dangerous goods, abbreviated DG, are substances that when transported are a risk to health, safety, property or the environment. Certain dangerous goods that pose risks even when not being transported are known as hazardous materials. An example for dangerous goods is hazardous waste which is waste that has substantial or potential threats to public health or the environment.
A chemical accident is the unintentional release of one or more hazardous chemicals, which could harm human health and the environment. Such events include fires, explosions, and release of toxic materials that may cause people illness, injury, or disability. Chemical accidents can be caused for example by natural disasters, human error, or deliberate acts for personal gain. Chemical accidents are generally understood to be industrial-scale ones, often with important offsite consequences. Unintended exposure to chemicals that occur at smaller work sites, as well as in private premises during everyday activities are usually not referred to as chemical accidents.
The National Priorities List (NPL) is the priority list of hazardous waste sites in the United States eligible for long-term remedial investigation and remedial action (cleanup) financed under the federal Superfund program. Environmental Protection Agency (EPA) regulations outline a formal process for assessing hazardous waste sites and placing them on the NPL. The NPL is intended primarily to guide EPA in determining which sites are so contaminated as to warrant further investigation and significant cleanup.
Hazardous Waste Operations and Emergency Response is a set of guidelines produced and maintained by the Occupational Safety and Health Administration which regulates hazardous waste operations and emergency services in the United States and its territories. With these guidelines, the U.S. government regulates hazardous wastes and dangerous goods from inception to disposal.
The Toxics Release Inventory (TRI) is a publicly available database containing information on toxic chemical releases and other waste management activities in the United States.
Right to know is a human right enshrined in law in several countries. UNESCO defines it as the right for people to "participate in an informed way in decisions that affect them, while also holding governments and others accountable". It pursues universal access to information as essential foundation of inclusive knowledge societies. It is often defined in the context of the right for people to know about their potential exposure to environmental conditions or substances that may cause illness or injury, but it can also refer more generally to freedom of information or informed consent.
Title 40 is a part of the United States Code of Federal Regulations. Title 40 arranges mainly environmental regulations that were promulgated by the US Environmental Protection Agency (EPA), based on the provisions of United States laws. Parts of the regulation may be updated annually on July 1.
Azinphos-ethyl was a broad-spectrum organophosphate insecticide.
Pesticide regulation in the United States is primarily a responsibility of the Environmental Protection Agency (EPA). In America, it was not till the 1950s that pesticides were regulated in terms of their safety. The Pesticides Control Amendment (PCA) of 1954 was the first time Congress passed guidance regarding the establishment of safe limits for pesticide residues on food. It authorized the Food and Drug Administration (FDA) to ban pesticides they determined to be unsafe if they were sprayed directly on food. The Food Additives Amendment, which included the Delaney Clause, prohibited the pesticide residues from any carcinogenic pesticides in processed food. In 1959, pesticides were required to be registered.
The Hazardous Materials Transportation Act (HMTA), enacted in 1975, is the principal federal law in the United States regulating the transportation of hazardous materials. Its purpose is to "protect against the risks to life, property, and the environment that are inherent in the transportation of hazardous material in intrastate, interstate, and foreign commerce" under the authority of the United States Secretary of Transportation.
There are many exemptions for fracking under United States federal law: the oil and gas industries are exempt or excluded from certain sections of a number of the major federal environmental laws. These laws range from protecting clean water and air, to preventing the release of toxic substances and chemicals into the environment: the Clean Air Act, Clean Water Act, Safe Drinking Water Act, National Environmental Policy Act, Resource Conservation and Recovery Act, Emergency Planning and Community Right-to-Know Act, and the Comprehensive Environmental Response, Compensation, and Liability Act, commonly known as Superfund.
