ECAR
Fact Sheet for Colorado
Spill Response
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What
You Need to Know
When a chemical spill or release occurs in Colorado,
complex and confusing reporting requirements result. This fact sheet
will detail Colorado’s spill response requirements and provide you
with the appropriate regulatory references, contact agencies telephone
numbers.
The Colorado Department of Public Health and Environment
(CDPHE) maintains a spill response website to help auto recyclers
respond to spills. Much of that information is included in the fact
sheet below. You can access the link to the spill response website
under Other Relevant Resources.
Regulations
In
Colorado, local emergency response agencies must be notified for
all hazardous substance incidents. Listed below are Colorado’s
detailed spill response reporting requirements:
Releases
from Fixed (Stationary) Facilities. The Superfund Amendments and Reauthorization Act (SARA) Title
III, a federal law with which facilities must comply in Colorado,
requires reporting releases from fixed facilities. Fixed facilities
must immediately report any release that exceeds the reportable
quantity for that specific chemical to the agencies listed below.
Refer to the SARA Title III List of Lists, available from the Environmental
Protection Agency (EPA), for the reportable quantity. The party
that owns the spilled material must immediately notify the following
agencies or organizations:
- National
Response Center (NRC);
- Colorado
Emergency Planning Commission (CEPC), which is represented by
the Colorado Department of Public Health and Environment (CDPHE);
and
- Colorado
Local Emergency
Planning Committee (LEPC).
In
addition to telephone notification, you must also send written notification
describing the release and associated emergency response to both
the CEPC (in this case, the CDPHE) and the LEPC.
Links
to the Regulations.
Use the following links to view the regulations pertaining to releases
from fixed facilities.
Colorado
Hazardous Waste Management Requirements (6 CCR 1007)
Sara Title III List of Lists
Releases
from RCRA Facilities. Emergency releases from facilities permitted under the Resource
Conservation and Recovery Act (RCRA) are reportable according to
the permit requirements. The permit often requires reporting
to CDPHE, even if the amount of the release is less than a reportable
quantity under SARA Title III.
Permitted facilities and large quantity generators (LQGs)
of hazardous waste are required to have and implement a contingency
plan that describes the actions facility personnel must take in
response to fires, explosions, or any unplanned sudden or non-sudden
release of hazardous waste or s to air, soil, surface or ground
water at the facility. Whenever there is an imminent or actual
emergency situation, appropriate State or local agencies, with designated
response roles as described in the contingency plan, must be notified
immediately.
- The National Response Center or government official designated
as the regional on-scene coordinator must be notified immediately
if the facility's emergency coordinator determines that the
facility has had a release, fire, or explosion that could threaten
human health or the environment outside the facility.
- CDPHE and the local authorities must be notified when the
facility is back in compliance and ready to resume operations. In
addition, the facility must send a written report to CDPHE within
15 days of any incident that requires implementation of the
contingency plan. The contingency plan should include current
contact information for notification and submittal of written
reports.
- Permitted
facilities and LQGs that store hazardous waste in tanks must
notify CDPHE within 24 hours of any release to the environment
that is greater than one pound and must submit a written report
to CDPHE within 30 days of the release.
Links
to the Regulations.
Use the following links to view the regulations pertaining to releases
from RCRA facilities.
Sara Title III List of Lists
Transportation Accidents.
- Transportation accidents must be immediately reported to the
National Response Center if they:
- Result
in a spill or release of a hazardous substance in excess
of the reportable quantity under federal regulations;
- Cause
injury or death, cause estimated property damage exceeding
$50,000; or cause an evacuation of the general public lasting
one or more hours; or,
- Close
or shut down one or more major transportation arteriey or
facility, or results in fire, breakage, spillage, or suspected
contamination from radioactive or infectious substances.
- Refer
to the EPA SARA Title III List of Lists for those substances
that have reportable quantities.
- In
addition to NRC notification, the local emergency number (9-1-1)
must be called, and CDPHE should be notified. Written
notification of any transportation accident involving a release
of hazardous materials must be provided to the U.S. Department
of Transportation within 30 days.
- Since
hazardous waste is a subset of hazardous materials, transporters
that have discharged hazardous waste must notify the NRC and
provide a written report to the US Department of Transportation
as noted in the above reporting requirements.
- In
addition to these requirements, the transporter must give immediate
notice to the nearest Colorado State Patrol office and the nearest
law enforcement agency if the accident or spill involved a vehicle.
- Notification
and a written report detailing the ultimate disposition of the
discharge of hazardous waste must also be provided to CDPHE.
For simplicity, transporters may submit a duplicate copy of
the US Department of Transportation report to CDPHE.
- In
the event of a spill or discharge of hazardous waste at a transfer
facility, the transporter must notify CDPHE within 24 hours
if the spill exceeds 55 gallons or if there is a fire or explosion.
Within 15 days of a reportable incident, the transporter must
submit a written report of the incident to CDPHE, including
the final disposition of the material. Releases of hazardous
waste at a transfer facility may also require notification to
the National Response Center and a written report to the U.S.
Department of Transportation.
Links
to the Regulations.
Use the following links to view the regulations pertaining to releases
from transportation accidents.
U.S. DOT Control
Numbers under the Paperwork Reduction Act (Part 171.6)
Sara Title III List of Lists
Releases
to Water.
-
A release of any chemical, oil, petroleum product, sewage,
etc., which may enter waters of the State of Colorado (which
include surface water, ground water and dry gullies or storm
sewers leading to surface water) must be reported to CDPHE immediately.
Written notification to CDPHE must follow within five days.
-
Any accidental discharge to the sanitary sewer system must
be reported immediately to the local sewer authority and the
affected wastewater treatment plant.
-
Releases
of petroleum products and certain hazardous substances listed
under the Federal Clean Water Act must be reported to the National
Response Center as well as to CDPHE as required under the Clean
Water Act and the Oil Pollution Act.
Links
to the Regulations.
Use the following links to view the regulations pertaining to releases
from transportation accidents.
Releases
to Air.
- Any unpredictable failure of air pollution control or process
equipment that results in the violation of emission control regulations
should be reported CDPHE by 10 a.m. of the following working day.
This must be followed by a written notice that explains the cause
of the occurrence, and describes the actions that has been or
is being taken to correct the condition causing the violation,
and to prevent such excess emissions in the future.
- If
emergency conditions cause excess emissions at a permitted facility,
the owner/operator must provide notice to CDPHE no later than
noon of the next working day following the emergency, and followed
by written notice within one month of the time when emission limitations
were exceeded due to the emergency.
Links
to the Regulations.
Use the following links to view the regulations pertaining to releases
to air.
Colorado Air Quality Control
Requirements (5CCR 1001)
Releases
from Oil and Gas Wells
- All
spills and releases of exploration and production waste or produced
fluid exceeding five barrels, including those contained within
unlined berms, shall be reported in writing on the Oil and Gas
Conservation Commission (OGCC) Spill/Release Report Form-19 within
ten days of discovery of the spill. In addition, spills/releases
that exceed 20 barrels of exploration and production waste shall
be verbally reported to the OGCC within 24 hours of discovery.
- Spills
or releases of any size that impact or threaten to impact any
waters of the state, residence or occupied structure, livestock
or public byway, shall be verbally reported to the OGCC as soon
as practical after discovery.
- If
the spill may reach waters of the state (which include surface
water, ground water and dry gullies or storm sewers leading to
surface water), it must also be reported immediately to CDPHE.
Links
to the Regulations.
Use the following links to view the regulations pertaining to releases
to oil and gas wells.
Releases
from Storage Tanks
- Petroleum
releases of 25 gallons or more (or that cause a sheen on nearby
surface waters) from regulated aboveground and underground fuel
storage tanks must be reported to the State Oil Inspector within
24 hours (after-hours contact CDPHE Emergency Spill Reporting
Line). This includes spills from fuel pumps. Spills or releases
of hazardous substances from regulated storage tanks in excess
of the reportable quantity must be reported to the National Response
Center and the local fire authority immediately, and to the State
Oil Inspector within 24 hours.
- Owners/operators
of regulated storage tanks must contain and immediately clean
up a spill or overfill of less than 25 gallons of petroleum and
a spill or overfill of a hazardous substance that is less than
the reportable quantity. If cleanup cannot be accomplished
within 24 hours, the State Inspector of Oils must be notified
immediately. CDPHE should also be notified in the case of
hazardous substance releases because cleanup activities may be
covered by state solid or hazardous waste requirements.
- Any
release that has or may impact waters of the state (which include
surface water, ground water and dry gullies or storm sewers leading
to surface water), no matter how small, must be reported immediately
to CDPHE.
Links
to the Regulations. Use the following links to view the regulations pertaining
to releases from storage tanks.
Releases
from Pipelines
- Releases
of five or more gallons of hazardous liquids or carbon dioxide
from a pipeline that result in explosion or fire, cause injury
or death, or cause estimated property damage (including cost of
clean-up and recovery, value of lost product, and property damage)
exceeding $50,000 must be reported immediately to the US Dept
of Transportation Office of Pipeline Safety, and the National
Response Center.
- Releases
of five or more gallons of hazardous liquids or carbon dioxide
from interstate pipelines that do not involve explosion or fire,
injury or death, or property damage exceeding $50,000 should be
reported to the US Dept of Transportation Office of Pipeline Safety
within 30 days after the incident.
- Releases
of natural gas from intrastate pipelines that cause injury or
death, property damage in excess of $50,000 (including the cost
of lost product), closure of a public road, or evacuation of 50
or more people must be reported immediately to the Colorado Public
Utilities Commission, Pipeline Safety Group.
- Releases
of natural gas or liquefied natural gas (LNG) from interstate
pipelines that cause injury or death, property damage in excess
of $50,000 (including the cost of lost product), or results in
an emergency shutdown of the facility must be reported immediately
to the National Response Center and the US Dept of Transportation
Office of Pipeline Safety.
- Releases
of oil, petroleum products or other hazardous liquids from interstate
and intrastate pipelines that have or may enter waters of the
State of Colorado (which include surface water, ground water and
dry gullies or storm sewers leading to surface water) must be
reported to CDPHE immediately. CDPHE should also be notified
of releases to soil because cleanup activities may be covered
by state solid or hazardous waste requirements.
Links
to the Regulations. Use the following links to view the regulations pertaining
to releases from pipelines.
Colorado
Hazardous Waste Management Requirements (6 CCR 1007)
Contacts
- Colorado
Department of Public Health and Environment Toll-Free 24-hour
Environmental Emergency Spill Reporting Line: 1-877-518-5608.
- National
Response Center: 1-800-424-8802 (24-hour).
- Local
Emergency Planning Committee (OEM): 303-273-1622.
- Division
of Oil & Public Safety-Storage Tanks: 303-318-8547.
- Oil
and Gas Conservation Commission: 303-894-2100 or 1-888-235-1101
(toll-free spill/complaint line).
Other
Related Resources
- Colorado Spill Response Website
- Colorado's Automotive Salvage Yard Waste Management Practices
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