Page 74 - Root Cause Failure Analysis

Regulatory Compliance Issues 65

LEGISLATION AND REPORTING REQUIREMENTS
In any industrial facility, from offices to factories and laboratories, spills happen and
create a variety of risks to workers. Inside a plant, spills result in chemicals on the
floor, in the air, or on the workers themselves. When releases occur outside the plant
(e.g., chemical releases from tank cars or trucks, the spread of noxious fumes from an
internal spill), the potential for harm extends far beyond the facility, particularly with
major catastrophes.

Catastrophes, such as the Bhopal chemical release, the Exxon Vuldez oil spill, New
York's Love Canal, and dioxin-contaminated Times Beach in Missouri, have led sev-
eral federal departments and agencies to enact protective regulations. These protec-
tions are aimed at protecting a much broader range of people, property, and the
environment than most regulations administered by OSHA.

Spills are covered by a variety of federal, state, and local reporting requirements; and
substantial penalties can result to a company and its employees for failing to report
certain spills. Initial release notification usually is required immediately or within 24
hours of the release, and in some cases, written follow-up reports are required. Some
of the applicable legislation is listed next and Table 5-1 lists some of the major report-
ing requirements for chemical spills that are specified by these acts.
OSHA's Process Safety Management (PSM) Standard.
OSHA's Hazardous Waste Operations and Emergency Response
(HAZWOPER).
Superfund: Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA).
Superfund Amendments and Reauthorization Act (SARA): SARA Title I1
contains the Emergency Planning and Community Right-to-Know Act
(EF'CRA).
Resource Conservation and Recovery Act (RCRA).
Toxic Substances Control Act (TSCA).
Clean Water Act (CWA).
Department of Transportation (DOT) rules for packing and shipping.
Hazardous Materials Transportation Act (HMTA).

OSHA Process Safety Management Standard
OSHA legislation focuses primarily on individual workplaces and is intended to pre-
vent explosions, spills, and other disasters. The Process Safety Management (PSM)
standard covers large-scale makers and users of highly hazardous chemicals and other
chemical manufacturers. However, small companies whose core business has nothing
to do with chemicals also are vulnerable to spills (e.g., cleaning products, toner for the
copying machine). Although the PSM standard does not specifically apply to smaller
chemical spills, its principles still are valid. Note that RCRA regulations apply to
these small spills.