Amy Sebring: Welcome to the EIIP Virtual Classroom! Amy Sebring: One quick note about any URLs that may be used in the session; they are live links and you can click on them and view the referenced site in your browser window. Amy Sebring: Subsequent pages may display behind your chat window, so you may need to bring the browser window forward. Background information for today's session may be found at http://www.emforum.org/vclass/990609.htm . Amy Sebring: We will have a presentation for about thirty minutes, and then have audience Q&A for the last thirty minutes. We will review the instructions for Q&A as we are about to begin that portion. Amy Sebring: We are pleased to welcome Carole Macko, Head of the Communications Team for the Chemical and Emergency Preparedness and Prevention Office (CEPPO) of the Environmental Protection Agency. Amy Sebring: You should realize by now that companies that come under the Risk Management Planning (RMP) rules are required to file certain information by June 21. Amy Sebring: Carole is here to tell us what will happen after that in RMP: Beyond June 21. Carole, thank you for being with us today. Carole Macko: By June 21, companies that use any of 140 toxic and flammable substances will submit an accident prevention/crisis management plan that describes what they are doing to prevent a catastrophic accident from happening. Carole Macko: The type and quantity of chemicals that are used determines if a company must report--not the size of the company. Chemical and petrochemical manufacturers, cold storage facilities, drinking water ... Carole Macko: and wastewater treatment plants, and chemical warehouses are covered under this law. Chemicals covered by this regulation include ammonia and chlorine that many small businesses commonly store and use. Carole Macko: EPA expects to receive Clean Air Act Section 112(r) reports from nearly 30,000 companies. The Risk Management Plan or RMP is available to State and local governments, the Chemical Safety Board, and citizens to help them understand chemical hazards and take steps to prevent accidents or mitigate the consequences of releases that do occur. Carole Macko: Information in the RMP complements data already available at the State and local levels under the Emergency Planning and Community Right-To-Know Act and under the Occupational Safety and Health Act. Carole Macko: The RMP submitted by most companies includes: executive summary; registration; off-site consequence analysis; prevention program; and emergency response program. Carole Macko: The RMP program is an outgrowth and expansion of successful federal and industry standards that established practices to prevent and mitigate chemical accidents. RMP gives industry and government an opportunity to coordinate their emergency planning and preparedness efforts and build on existing programs. Carole Macko: Decisions about emergency preparedness and response, as well as accident prevention, should be made at the local level. EPA encourages state and local agencies to become involved and to seek delegation for the RMP program. Carole Macko: The RMP program builds on state programs already in place such as: propane safety under NFPA standard 58; water quality inspection; OSHA process safety management; and small business assistance programs under CAA section 507. Carole Macko: Many states already have passed legislation to fold RMP requirements into these existing state programs. Let's go to the EPA website to look at what States are doing http://www.epa.gov/ceppo/pubs/112r-sts/112r-sts.html Carole Macko: After June 21, delegated States will audit companies that have submitted RMPs to ensure the plans are adequate. An RMP is a blueprint of the underlying safety program at the facility, just as an emergency response plan is a blueprint of an emergency response program for a community. Carole Macko: States like Delaware, California, New Jersey, and Nevada that have been running similar programs for several years are expected to do more audits. If a State has not accepted delegation, the program defaults to EPA. Carole Macko: Expect States and EPA Regions to use other tools such as EPCRA Tier II reports, permit information, and fire inspection reports to determine companies that should have reported, but failed to do so. Carole Macko: In the first few years of most environmental regulatory programs, the enforcement emphasis is on companies that failed to report. EPA generally focuses on compliance assurance rather than trying to prove "quality cases." Carole Macko: States or locals that adopt RMP can take advantage of the economic benefits of having a strong accident prevention program in the community. In addition to the obvious costs associated with a chemical accident (e.g., property and health damage, conducting an emergency response) there are other Carole Macko: hidden costs. Billy Zwerschke: Cissy and I are both online. Carole Macko: Those costs include commercial business shutdowns during an evacuation or power outage, higher insurance rates, and citizen fears of accidents and health risk. Generally, insurers side with environment and consumer groups ... Carole Macko: that public disclosure of toxic chemical information, done right with accurate assessments of public safety threats and precautions, is a good thing for communities and can calm public fear of the unknown. Carole Macko: How this information is delivered to the public is most important. No one wants to frighten residents by describing a potential catastrophe in their community that may never happen. Unlike Superfund legislation that spells out how a community relations plan is to be handled, the RMP program does not obligate companies to communicate the contents of these plans to the public. Carole Macko: Companies only are required to provide the information to EPA. Therefore, State and local governments may become the messenger and will need to strategically craft a plan to explain the often technical and complicated contents of these plans to the media and the public. Carole Macko: The National Safety Council is developing a series of booklets that explains how citizens and journalists can use RMP data. You can download a copy of the first guide at http://www.nsc.org/ehc/rmp.htm Carole Macko: EPA intends to post all RMP data, except for the Off- Site Consequence portion, on the Internet. The data will be available through EPA's Envirofacts system. We do not expect to have a fully populated database until Fall. Carole Macko: On May 7, the Clinton Administration provided Congress with draft legislation intended to reduce the risk of potential misuse of the OCA data. The challenge facing EPA is how to provide the public with the information they need while not providing an easy targeting tool for terrorists. Carole Macko: The bill specifically addressed the security risk identified by the FBI of availability of OCA data in a searchable database on the Internet. You can track the progress of the bill at http://thomas.loc.gov/cgi-bin/bdquery/z?d106:h.r.01790: Billy Zwerschke: ? Carole Macko: Research will play an important role once all of the data is gathered by EPA. The Agency will use the data to: test the effectiveness of the RMP rule to prevent accidents; improve our regulations; Carole Macko: prioritize audit activities; and close gaps in process safety. Carole Macko: Other groups already are standing by to conduct further research. The Wharton School at the University of Pennsylvania will explore risk factors for accidents using an epidemiological approach. Carole Macko: Wharton also plans to analyze several industry groups (i.e. ammonia cold storage facilities and water chlorination plants) to determine whether economic and safety factors have the same associations with adverse events across different size plants, different processes etc. Carole Macko: At Texas A&M, a research team already is looking at the entire landscape of accident prevention efforts in the U.S. They will survey industry, trade associations, professional organizations, State and local governments, EPA and other federal agencies to determine who is doing what. Carole Macko: We expect the team to recommend ways these groups can better leverage their resources to improve accident prevention. Carole Macko: Everyone should view June 21 as a beginning to explore issues that will be raised and look to expand industry safety programs and improve notification between companies and local emergency responders. Carole Macko: I would like to encourage everyone to visit the CEPPO website regularly to keep up with these studies, find out more about chemical safety, and keep abreast of changes in the RMP program http://www.epa.gov/ceppo Carole Macko: Thank you for taking the time out of your busy day to let me speak to you. Carole Macko: I would like to turn the program back to Amy for the Q&A session. Amy Sebring: Thank you Carole. We will now turn you over to our audience. Amy Sebring: If you have a question or comment, please indicate by inputting a question mark (?) to the chat screen. Then compose your question but hold it until you are recognized; then hit Enter or Send. Amy Sebring: Billy Z has a comment I believe. MParker: ? Billy Zwerschke: Billy, had to take a phone call. He'll make his comment later. Thanks. Amy Sebring: ok MParker please. MParker: How much of an impact will there be on local government? Daryl Spiewak: ? Billy Zwerschke: ? Carole Macko: that depends on how much of the program a State may take..... Carole Macko: resources have to come out of State or local budgets..... Carole Macko: (yes we do have some local govts. that have taken the program..... MParker: I work for the Fire Dept. as an inspector, will we have this info readily available thru LEPC Carole Macko: Many States have incorporated a fee into their system Carole Macko: Yes FF's will have this data available through the LEPC... Carole Macko: What is unclear right now is how that will happen... Carole Macko: Congressional action is still up in the air... Carole Macko: However, EPA intends to give LEPCs the data ..... Carole Macko: through a closed system called RMP Review... Carole Macko: It will be password protected so that... Carole Macko: others cannot gain access to the data.... Carole Macko: Additionally, LEPCs (under EPCRA) have the legal... Carole Macko: authority to ask for ANY data they feel.... Carole Macko: is necessary to prepared/update their emergency response plan. Amy Sebring: lets come back to Billy now please. Billy Zwerschke: We have finished our second RMPs and presented it to the public in town meetings. Participants were very active and very little negative comments. They were pleased with the information presented by the plant managers in conjunction with the CMA presentations. Carole Macko: I have attended several RMP... Carole Macko: rollouts (these are presentations given by..... Carole Macko: industry in conjunction with local officials...) Carole Macko: I experienced the same feeling ..... Carole Macko: from the audience....This is why Carole Macko: risk communication is so important..... Carole Macko: what is troubling is that lately companies ..... Carole Macko: have shown reluctance.... Carole Macko: to share the OCA data because of all the......... Carole Macko: publicity given to the issue of terrorists.... Carole Macko: accessing the data. Amy Sebring: Daryl Spiewak please. Billy Zwerschke: We have had no problem with industry and we have six plants in our county and 2 in a neighboring community who were all in the CMA presentations. Biggest problem is this is an unfunded project and some legislative action should be enacted to cover this cost of information from the local level and more authority to EMC or LEPC chair. Daryl Spiewak: What terrorist threat did the FBI determine for the OCAs? I was only aware of the potential threat they thought existed. Amy Sebring: ? Carole Macko: you are correct in your assumption........in fact Congress is asking the FBI for a ... Carole Macko: explanation of why they think..... Carole Macko: public access to this data is potentially a threat..... Carole Macko: many congressmen are asking if plants.... Carole Macko: are doing enough about... Carole Macko: site security. Daryl Spiewak: When is the FBI report due to Congress and will it be made public? Carole Macko: I do not think that they have officially asked ....... Carole Macko: for an official report..... Carole Macko: rumors abound and there are.... Carole Macko: several versions of draft legislation that would..... Carole Macko: require a plant security assessment. Daryl Spiewak: Will the law be changed to reflect the censorship of the OCA data? Carole Macko: Congress would have to pass legislation. Amy Sebring: Will at least some of the elements of the RMP, other than OCA, be made available to general public via Internet? Carole Macko: Yes.....in fact the accident history... Carole Macko: is probably a good indicator... Carole Macko: of whether a company is doing a good job...... Carole Macko: of preventing accidents.....We will post all data except.... Carole Macko: for the OCA portion of the RMP. Amy Sebring: Further questions for Carole? Comments? Daryl Spiewak: Doesn't that violate the law as currently written? Avagene Moore: ? MParker: Sounds like a good accountability system. Carole Macko: Not necessarily.......I would encourage you ....... Carole Macko: to look at the draft bill...that I gave you the ..... Carole Macko: website address for.......it amends the Freedom of Information... Carole Macko: Act......That has been done in..... Carole Macko: the past with information gathered.... Carole Macko: from the nuclear industry. Daryl Spiewak: Yes, but that is only a draft. The law is effective now! Amy Sebring: (Reminder, please put in your question marks.) Avagene please. Avagene Moore: I have had friendly arguments with EM practitioners about the relationship between emergency management and risk management -- some people think there is none. What is your opinion on the relationship? Why should the emergency manager be interested in the RMP? Amy Sebring: ? Carole Macko: EM's can use this new information to update their plans.......Likewise, they ... Carole Macko: may become the communicator..... Carole Macko: of information if companies fail to talk to the public about... Carole Macko: their risks......Under the law, companies only.... Carole Macko: have to submit their RMPs to EPA. They do not... Carole Macko: have to give the information to the public. Amy Sebring: Carole, what is the current status with respect to propane? Carole Macko: Several things are happening... Carole Macko: Senator Inhoffe has introduced legislation that would... Carole Macko: eliminate ALL FLAMMABLES from reporting...that bill is pending... Carole Macko: The court also issued a stay of reporting of ALL propane until... Carole Macko: they reconvene later this Fall....then they will hear... Carole Macko: the case that was filed against EPA by the ..... Carole Macko: National Propane Gas Association....Additionally,.... Carole Macko: EPA has stayed reporting for facilities that use propane as a .... Carole Macko: fuel if they have the fuel in amounts less.... Carole Macko: than a total of 67,000 lbs. (the amount.... Carole Macko: generally found in an 18,000 gallon tank.) Carole Macko: EPA also proposed a regulation that would.... Carole Macko: make the 67,000 lbs. the new..... Carole Macko: reporting threshold for propane......so Carole Macko: as you can see lots of things are happening on.... Carole Macko: several fronts. Amy Sebring: Other questions/comments? Enter your question mark at any time. Amy Sebring: Carole, I understand that some states are reluctant to take delegation due to the audit burden ... Amy Sebring: can you describe what you mean by "prove quality cases?" Daryl Spiewak: ? Carole Macko: That is correct.......many States... Carole Macko: do not have the resources ($$$ or staff) to do this. Carole Macko: A quality case in a case where EPA would prove..... Carole Macko: that the quality of the information if flawed. Amy Sebring: Daryl please. Daryl Spiewak: Does the EPA have backup servers to receive 30,000+ RMPs over the Internet on June 21st? Carole Macko: In other words, a company reported false or misleading information. Carole Macko: We do not accept reports via..... Carole Macko: the Internet. Facilities mail us diskettes and we enter the data. Amy Sebring: ? Amy Sebring: Carole, will these be processed in any particular order ... Amy Sebring: or just first in, first out? Carole Macko: We already have received..... Carole Macko: about 2,000 reports. We load them in the order we receive them......., Terry Storer: ? Carole Macko: as they say on PBS....."we have operators standing by." Amy Sebring: Terry please. Terry Storer: Several "public interest" conservation groups have already stated they plan to publish OCA data. How is this being dealt with. Amy Sebring: ? Carole Macko: we have no examples of anyone who has actually..... Carole Macko: said this officially.....everything is anecdotal......the congress.... Carole Macko: is reviewing whether to impose..... Carole Macko: penalties if someone posted the data if they pass.... Carole Macko: legislation banning posting. Amy Sebring: I noticed on your Website, some tips for filers based on review of the first submissions. Can you comment on some of these typical errors? Carole Macko: One of the things we see all..... Carole Macko: the time is facilities forget.... Carole Macko: to submit their certification letter......we also have set up a hotline help... Carole Macko: line for facilities that have .... Carole Macko: difficulty downloading the software package.... Carole Macko: everything goes through a..... Carole Macko: completeness check prior to EPA loading the files.... Carole Macko: if we find mistakes we notify the company so they... Carole Macko: can correct the mistake. Amy Sebring: Thank you very much Carole, and thank you audience. We will have a text transcript posted later today, and a reformatted version early next week. You can access these via the Transcripts link under Quick Picks on our home page. Amy Sebring: There seemed to be an error in the National Safety Council site ... Amy Sebring: address so we will make sure it is correct in the transcript. [Editor's Note: The National Safety Council link to RMP backgrounders given above, did in fact work, however, following the session, Carole Macko provided an additional URL, http://www.nsc.org/xroads.htm which includes links to five backgrounders.] Amy Sebring: Our time is about up, but before we adjourn, Ava will give us a heads up on our upcoming events. Ava? Avagene Moore: Thanks, Amy. I am pleased to report that next week, one of the EIIP Founding Partners, the Congressional Fire Service Institute (CFSI), will host their first Round Table on Tuesday June 15 at 12: 00 Noon EDT. ... Avagene Moore: CFSI will be hosting a monthly Round Table session every third Tuesday of the month to discuss fire service issues and concerns. ... Avagene Moore: On Wednesday June 16, 12: 00 Noon EDT, we have an exciting panel discussion on Global Sustainable Development --- a hot topic domestically and internationally and one you will hear more and more about as time goes on. ... Avagene Moore: Our panelists are: Helene Valdes, IDNDR Secretariat, Costa Rica; Stephen Bender, Organization of American States (OAS), Washington DC; and Ollie Davidson plus possibly one other representative of the World Bank in Washington DC. ... Avagene Moore: Please make plans to attend both these sessions. Good learning and networking opportunities in both! That's all for now, Amy. Amy Sebring: We will adjourn the session but you are invited to join us back in the Virtual Forum room for a few more minutes of open discussion and to thank our special guest.