ML20134E429
| ML20134E429 | |
| Person / Time | |
|---|---|
| Issue date: | 03/15/1995 |
| From: | Grobe J NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION III) |
| To: | Alessandrino M NRC OFFICE OF THE INSPECTOR GENERAL (OIG) |
| Shared Package | |
| ML20134C763 | List: |
| References | |
| FOIA-96-444 NUDOCS 9702060223 | |
| Download: ML20134E429 (17) | |
Text
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i March 15, 1995
( l MEMORANDUM T0: Matthew T. Alessandrino, Special Agent Office of the Inspector General l FROM: John A. Grobe, Chief i
Nuclear Materials Inspection Section 2 Division of Radiation Safety and Safeguards
SUBJECT:
ALLEGATIONS REGARDING THE NRC OVERSIGHT OF ACTIVITIES AT THE ADVANCED MEDICAL SYSTEMS, INC. (AMS) FACILITY This responds to your e-mail memorandum that included five questions regarding !
i the NRC oversight of the AMS facility located in Cleveland Ohio. I have l attached a copy of that memorandum for your reference. '
Ouestion No.1 - AMS does not/did not have an Emergency Preparedness Plan.
Response to Question No. 1 - AMS has had an Emergency Preparedness Plan since fi 1992 as part of their license requirements for operation of their i facility on London Road. During preparation of the Emergency Plan in i 1991, AMS solicited and incorporated comments on the Plan from the City l of Cleveland emergency responders and the State of Ohio Emergency.
l Management Agency. I have enclosed a copy of the report of our most ,
l recent inspection of emergency preparedness at AMS. In January 1995, l
) AMS submitted its license renewal application that included a revision and update of its emergency plan. That updated plan is under review by the NRC staff.
Ouestion No. 2 - AMS replaced the connecting pipe to the NE0RSD sewer system located directly beneath the facility to hide the contamination of cobhlt-60 being emitted from AMS.
- Response to Ouestion No. 2 - We are not aware of any replacement work on the l lateral that connects the AMS facility to the NE0RSD interceptor sewer located beneath London Road. We are also not aware of any efforts to hide sewer contamination. That lateral is currently contaminated with !
cobalt-60. Recent NRC testing of that lateral was performed both from ;
the-interceptor' side, as well as the AMS facility side, revealing the '
- presence of low levels of removable radioactive contamination. A copy of the NRC inspection report documenting the results of that testing has
! been enclosed for your information. The AMS lateral has been plugged by the NE0RSD for the past several months. Consequently, no cobalt-60 has recently been discharged from the facility into the sanitary sewers.
- ( The licensee plans to replace that contaminated lateral wit.h a new lateral in a different location as part of its corrective actions
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regarding their liquid effluent problems. i0 "
}
9702060223 970127' PDR FOIA-ENGLISH96-444 PDR
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p Matthew T. Alessandrino '
Ouestion No. 3 - AMS disposed of the facility contaminated laundry in the municipal trash containers located outside the facility. ;
I Response to Question No. 3 - On March 1, 1995, I discussed Question No. 3 !
with you. You indicated that the alleger did not provide any further !
clarifying information regarding the matter. It is not clear from the alleger's statements-whether the alleger is referring to laundry _ .
equipment or protective clothing that may have required laundering.
{
We are not aware of any improper disposal of low level dry radioactive waste at the AMS facility. Based on NRC inspector observations, the licensee has not used cloth anti-contamination clothing for at least five years. Industry standard paper and plastic anti-contamination clothing are used regularly at the' facility and held for disposal as low level dry radioactive waste after use. 3 j
i During January 1995, at the request of the Cleveland Fire Department, '
laundry equipment being held for disposal' as low level radioactive waste was moved from the AMS warehouse into the radiologically controlled and restricted portion of the AMS facility. That equipment was previously used to launder cloth anti-contamination clothing and is internally 3 l
contaminated with radioactive material. NRC staff have observed the
(- laundry equipment -in a secure area AMS uses to store radioactive materials.
We would be interested in receiving any information that the Office of the Inspector General has regarding improper disposal of radioactive waste.
Question No._i - AMS improperly disposed of cobalt-60 in the sewer system and the NRC failed to identify. NRC inspectors intentionally took clean samples from the sewer near the London Road facility so that tracings of cobalt-60 would not be found.
Response to auestion No. 4 - Similar allegations of improper disposal have been received by Region III in the past. I have enclosed a copy of the NRC inspection reports where NRC-concluded that it appeared AMS improperly disposed of cobalt-60 in the sewers in-the past and during 1994. The NRC identified these apparent violations.
Several samples were collected by NRC' inspectors disclosing radioactive contamination. Sampling was extended from the source location of highest contamination out to the point where contamination could no longer be detected to establish an envelope bounding the contamination concerns. That testing is described in the enclosed report.
We'would be interested in receiving any information that the Office of the Inspector General has regarding improper discharge of radioactive e material to the sanitary sewers.
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.e .
( Matthew T. Alessandrino ,
j Ouestion No. 5 - AMS falsified logs which represent the ratio between cobalt-60 and water being flushed into the sewer system.
i Response to Question No. 5 - lie are not aware of records falsification regarding AMS sewer discharge logs. The enclosed inspection reports !
document that the AMS logs of sewer discharges were incomplete. As
' documented in the inspection report, NRC working with 01 staff performed extensive interviews of former AMS and Picker employees involved in past handling of liquid effluents. Those interviews disclosed poor
, practices, but did not disclose indication of record falsification.
Region III would appreciate receiving any information that the Office of
, the Inspector General may have indicating falsification of sewer effluent records.
I hope this additional information regarding our oversight of AMS activities is useful to you in your follow up of these allegations. If there is any ;
other information you need or questions you have, please do not hesitate to
{ contact me at (708) 829-9806.
i'
- / Docket No. 030-16055 iO ' License No. 34-19089-01
Enclosures:
- 1. Undated Memorandum from
- .M. A. Alessandrino to
- J. A. Grobe re
AMS Allegations
- 2. NRC Inspection Report No. 030-16055/94004(DRSS)
I dated November 29,1994 - SEE o uT Co. 4 '
- 3. NRC Inspection Report f a.6.
t No. 030-16055/94003(DRSS) dated December 6, 1994 4
- 4. NRC Inspection Report No. 030-16055/93003(DRSS) 4 dated November 7, 1994 DOCUMENT NAME: G:\LTRS2LIC\MTLS\030\95316055.Ll4 Ta r.e.w . copy or m. docum.nt, bd.e.e. w in. bec c . copy wahout .tt. chm.nu.nce.ur. t . copy wnh .tt. chm.nt/.nclosur. N = No copy 0FFICE RIII E RIIbo u ; NMSS. A % A RIII n.A, -
l Slawinski:dp LAl BerWfi E) Cool V W Grobe( P k ;NAME DATE 03//r /95
03/;q /95 03/ 4 /95 03/\6/95 03/ /95 0FFICIAL RECORD COPY
_. ... . . _. =. _ ., __ . . _ . . . _ . . _ _ _ _ _ . . _ . . _ . _ _ _ _ . . . . . _ - _.. . _ _ _ . . . _
l 's s
ATTACHMENT 1
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t.iEi.ORAN0Vr.I TO: John A. Gr t;oe . Chief, Noclear ftater;aes Inspectson Section 2.
FRCf.lif.latthew T. Alessandr e no, Specia l Agent
SUBJECT:
AFAS AIIegat ions The Office of the inspector General (OlG) has received a number of alle;ations concerning American 1.tedical Systems,.inc. (AMS). The overall theme of nese allegations is that the NRC has failed to properly regulate AJ.tS. The allegers gave OlG five specific incidents that they say back up their claic.
- 1. AMS does not/did not have a Emergency Preparedness Plan.
- 2. Al.tS replaced the connecting pipe to the NEORSO sewer system located i directly beneath the f acility to hide the contamination of cobalt-50 being emitted from AMS.
- 3. Af.iS disposed of the f acility contaminated laundry in the municipal t. ash containers located outside the facility.
- 4. AMS improperly disposed of cobalt-60 in the sewer system and the NRC failed to identify. NRC inspectors intentionally took clean samples from the r sewer near the London Road f acility so that tracings of cobalt-60 v.ould not be found.
- 5. Af.tS f alsif ied logs which represent the ratio between cobalt-60 and water being flushed into the sewer system.
When i spoke with you last week you mentioned that Rlli, NRC has been addressing allegations concerning AMS for some time. 0:G needs te know what has ~been done regarding these five allegations, if you have any questions I can be reached at (301) 415-5969. The fax number is (301) 415-5091. f.iy e-mail address is 1.(TA1.
1 i
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NRC PERSONNEL INVOLVED IN ADVANCED NEDICAL SYSTENS. INC. (AMS) ISSUES
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REGION III Qf& giSji Fax # 708-515-1259 Fax # 301-415-3725 Fax # 301-415-5369 Jim Caldwell Jack Goldberg (Enforcement) Donald Cool 7G8-829-9802 301-415-1681 301-415-7263 l Jack Grobe Bill Brach Steve Lewis (Enforcement) l 708 829-9806 RIII contact 301-415-1684 301-415-7264 J:hn Madera Mike Stein (Enforcement) Fred Combs l 708 829-9834 301-415-1688 301-415-7265 Wayne Slawinski Marian Zobler (Hearings) Cathy Haney
- 708 829-9820 301-415-1572 0GC Contact 301-415-7844 18tSS Contact l
Kevin Null Gene Holler (Hearings) Joe DeCicco 708 829-9854 301-415-1520 301 415-7833
. ('
.11ke Weber Bernie Bordenick (Hearings) Bob Shewmaker 708 829-9825 301-415-1529 (Civil / Structural) 301-415-6713 Steve Crockett (Solicitor) Bill Ford 301-415-1820 301-415-6630 l
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D50.04
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sees plan Chemical enxergency response sad prensred. political subdivisions within the district, and matca! personne!; (A) Within ninety dsys after the effective date of dus D , 1 1 artion, the locrJ cmergency planning committee of each **** UI * . " * * ' #*
' d e s for emerger.cy planning district shall prepnit and submit to the (13) $uch other laformatic.n,st the commission rcqukcs emergeecy cerpoace comm!ssivu a chemical cinergency response and preparedness plan for the district. The dlS. by rules adopted under division (B)(2)(a) of sectico 3750.02.
- trict's plan shall contain su of the fouowins:
(t) An identification of each facility withia the district The cornmittee shall base its plan on information that metts either of the following qualifications: obtained frcm the commission, the environmental protec-(a) Has au aztrrrnely hazardous substance present at the tion agency, emergency management agencies or the state facility in an amount that exceeds the threshold planningpolitical subdwisions within the district, and facilities and quanury for the suhtrance established in ruisa adopted identified under division (AXI) cf this wtion. under division (B)(IXa) or (CX5) of' section 3750.02 of(B) Revised Code: theThe comm.'ttee annually shalisubmit the plan to the commission not la:er than the seve:ceen'h t day of Octobr (ti)la requirnd to participate la the emergency planning for revicw and coccu'resce. The commission shall review process by an order issued under division (A) of section the plan to ensure that it coasplies with division (A) of this 3730.0$ ertha Revised Code. seenon and rulet adopted under divisiana (BX2Xa) and Ib; (2) An identification of all facilities within the district of section 3750.02 of the Revised Code, and to ensure that that are contributing or subjected to aMirional risk due to it is coordinated with the plans of adjoinina districts. The their proainuty to facilities identified under division (A)(t) comnualun sha:1 endesvor to review each such plan and l of this section; provide notice cf concurrence with the plan or of recotu-(3) An identificatiou uf routes likely tr, be used fcr the mandations Inc modifications to is wtbiu >Ltty days after its submission to the commission. The commission may ,, transportation of extremely hazardous substances to and I from cach facility identdied under division (AXt) of tLis assign the highest priotity for review to plans stelying to ,' section: 65utraphic areas having the greatest number of facilities that pose (4) The methods and procedures to be followed by own. safety or in the environmmt.the greatest risk of harm to the public health or ' ers and operasurs of fsefhtles identified under division A) ?j (1) of this section and by local emergency response a(nd If the commissica finds : hat the plan submitted by a medical persocaci to rarrond to ruleoscs of numusiy haz- committee comolics with <dvision (A) of this acctiou and i ardous substances; rules adopted under divisions (BX2Xa) and (b) of section (5) The desig::adon of a comniunity emersetur enordi. 3750.02 of the Revised Code and is coordmated with the ('f natpr fm the cistrict, identification of the facility emer. plans of adbleug distitets, the cornesisalon shan within i gency coordinator for each facility identified usder division sixty dan after submission of the plan, issue an o,rder in ., I I (AXI) of this section, and identification of the hcacs of the accordance with section .mo.1g of the Revised Codc wo. l caer2cacy response organizations for designated areas ce curring with the plan. If the commission flads that the plan political subdivisions within the district: submitted by a commines does not comply with division (6) An Identthcation of procedures for re!Isb!c', etYective (A) of this section and rules acopted under divisions (BX2) ' and t.Incly notification and communication among emar., (a) and (b) of section 3750.02 of the Revised Code or is not gency rsponders within the district and to the pub! c in the coordinated with the ghns of sdjelaing dlJasicts, the corn. event of a release ofan extremely hazardous substance fmm mission shall. by issuance of such an order within that a facility identifled under division (AXI) nf this section; sixty. day period, nt\tse to concur with the plan and direct !' (7) l'he cerelopesent of sacthods for determining the the comtnittes to submit a snodified plan that complies '! occurrence of a re! ease cf an extremelyhazardous substance execedios with those requirements within a reasonable time, not *' i sizry days, aher issuante of ce ordsr. frnm each faciuty idendded under division (AXI) of this ;i j section and for identifying the geographic acts or pcp91a. (C) Each coc'.mittes shad conduct an exercise ofita plan tion likely to be affected by such a release; at least armuaDy. The coazmittee shall nmify the commis. l sten at least thirty days before each such exercise, and the
- 0) A composite statemans cf speciaifzed equipment, i facilities, personnel, and emergency response organizations commissloo sba3 observe each such exercise. The commis-available within the diatrict to respond to releases of sion chan review ecch sud excwise is a:cordance with the crtrimely hasardous substances; rules adopted under division (BX2)(b) ofsection 3750.02 cf (9) The develocruent of evneusden plans includie s but the Revised Cod; and sbau either concur sich the conduct I, not limited to, provisions for a precautionary evacua, tion of(ne exert:s4 or direct the coetmittee to ciale asodifica.
tions in the caercise of the plas in accordance with those h and for alternative traffle routes in the event of a release tu'es of an extremdy haanJous suestance trotn a facility identified J under divisica (AXI) of this section;
- if the commission finds that the comclittee's exetrise l of (10) A plan for rnwual aid to other smersexy ptanntr.s its piso complies with the critada escablished in rules .
i distncts and for thc aDocation cremergency response facili. adopted under division (BX2Xb) of section 3750.02 of the , ties, equipment. and personnel forrespondmg to n!eists of Revised Code, the commission shall issu: an order in p' ostremely ha.taduus substances; secordstnes ,tth w. don 3730.1a of the Revised Code con. . !. ! (11) A plan for the developrnent or provision of trainint curring with the concuct of the exercise. If the ectumission i ,; pro 5 rates serni.atts, am4 othe forms of educar.unal pro. finds that the co ntnittee's enmise cf its plan does wt grams for the personnd cf facilities idestified uad:r cavi. comply with those ente *ia. the cornm:ssion shall, by issu. snce of such an ceder, refuse to concur with the co j sien (AXI) of this section e:rer5cn:v resconse personne' or 4 the mrma and c:.c., abe cm.:nittee te make tr.'iduct odifica-of { _ _ . . June 1947 , n
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inc basis of indnidas: facilices ratner than on a estegorie:tl N
) te in tne exercise of the plan that comply unb taese a cate basis. '
respc-I s cc:nmittee shad tenually, or roare frequently if (B) Widin Lturty dayufin the comrcittee of a distrie.t k
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tacit / ca.. .,ed cireurnstsaces in the district or at any facility in appointed under section 3750.03 of the Revised Code, the , (dX 8 the district so require. review the plan of the distnet. The uwer or cperator of my facility located in the district arid Rith' review shall include. without tiroitation, an evaluation of identified under division (A) of this section shall select a e ns: the need for fands, personnel, trainias, equiposent. sad facility representante and provide the name of the repre- g Rim facilities to develop. revise, implement, and exercise the sentatsve to the coasminee. 'the facility representative is ,, the person uho w J participate le the district's emergency p. . pit.a and rococemeridations ard requer.s to the commission I regarding any additiocal fur.ds that may be necced for pleanics process as :i* facilir/ cmcrgency coordinator. If , the owner or operator changes its facility emergency coordi. , , those purposes and be means for providmg them. nator, the owner or operator shall promptly provide the name of the new tacility emerscucy coordinator to the 2: B;
'!! STORY: 1988 S 367, eff.12-! A38 ,
cornminu.
; I.SC e N#.e: i968 $ 367. f *. cfr.12 84 ss. res*. is part:(B) Cern. If an cxtrcmely hazardent substance first becomes pre-pistlin of a chestics1 smergency response and prvparedness plac sent at a facility on or af,er the effective date of this section ;
and suom.ssion of the plan to the State Emergency Respons: Com. 2 3f ,; missio.1 is cornpliance wna sectico 303 or star een (4rnersvar) in an amount that exceeds the threshold planning quantity established for ths substance in rules adopted under divi- a Planning and Comrtutury Right To Know Act of l984." 100 Stat 3 P ',j , : t 73 t,42 il4C.A. Ilo03) coestitutes comfliance with t3e rech - sion (BXIXa) of sectiot. 3750.02 of the Revised Code or if, i ous c. b ment of divinoe 4) of section 1730.o4 of tne Ksvised Code th*' the local emersency planting ccoustuce of each, ermettency stae- tion 3730.02 of the Revised Code, an extresce(.y ihuardousafter releas' " autes have
' C " " " " substance becomes present at a facihty in an amount that . substJ Y'sa eNive NtIis . exceeds the threshold planning quanthy for the cattemely i repor sion hazardous substance. the owner or operator of the facihty r rstmai s*50 17 Cod:
shnu notify the scoergency reeronse commission and the k local emergency planning committee of the emergency b andC , PRACTICE AND STUDY AIDS Baldwin's Oaio Lesisistive Service,1984 Laws of Onic. s W fd838IU8 M 8 *hich the facility is located that the faci 2r; is subject to this section and sccum 3750.04 of the {p iry fec or er. . LSC Analysis, a 5-1017 Revised Code within sixty days afier first acquiring the . adop.. sudssanus. It rees ne +4pted under divsica (CX5) of D Revfr , 3750.05 Applicabilirr. (seilltv recresentatives: notice of section 3750.C2 of the Revtad Code, or if rules adopted { stone l under division (D 1)(a) or (CX5) of that section are (B cpplicabillfr. previsloa of leforetation; agricultural producer ***8d*d*'"d"f*** *Yh"#D'******8 ****dY h'**'d'"' '*1'"
)- exenipdon substance in an amount exceeding tha threshold pfanning . ii.,w
'4) Each facility that has an extremely hasardcus sub- quantity iba the sateemely hasardom rubstance established f 4.
repor-c prosest in an amount that exc:eds the thresho!d in those ru;es or amended odes, the owner or operator of gjoa j Aning quantity for tre sutmanca established by rul** the facility sha3 notify the commission and the local erner. code; adopted under division (BXIXa) or (CX5) of sectica gency planning commhtee or the ernerzenty vtannies dis- }4 eg.43: 3750.02 of the F.evisad Code is rabiect to this section and trict in which the faci 1P,y is located that the facility is sub" $- tulesi - section 3750.04 of the Redsed Code. Upon the mitten ject to :h!> >ccdos and section 3750Aa of the Revised Code y 4 request of the loed eme.1ency planning contmitte: of the within tbtty days after adoption or arm 4*at of the rutcs. theF.i divisi, emergency plannmg district in widch a facil fty is located. If the owner or ctMrator had not previously been requhtd k notice to select a facihty emergency coordinator under this divi. fe ,,, p the emergency response cornmisuon may, by issuance of sa $ receil sion, he shall select one and provide his name to the com-wdct in accordance with sectice 3730.18 of the Revised mittee atthin niety days after first acqtdring the extreznely diree Code, designate an additional facility as being subject to toe hazardous substance or within sixty dm after adopcion or $g coy ~ recuirements of this section and section 3750.04 cf the amendment cf the rule, as approtwiste, E Revised Code if the commission determlacs froca the ".g88 ' request that, due to the size of the (seility, the nature ofits (C) Upon the request of the cocamittee hasius jurisdie- Mg[ uperations, or hs proximiry en a residential area or an area tion, the owner or operator of a facility id:ndSed in divi-where significant numbers of peop:e work or congregate, sion (A) of thia accdon sna!! prompdy penvide to the cern- % (D)0-- mittee the infcftnation necessary for develeping and g
' participation in the emergency planning process uvider this Imp!*menting the checiieal etnergency response and g 9I**CY sectioe and section 1150.04 of the Revised Code la neess.
sary or appropriate to protect the public bealth or safety or preparedness plan for the distnct. g. l' ' (D) An agricultural producer who has complied with en tlas environment. At leset (nrty-five days before issuance of e anyrr section 302 of time "Emers.acy Plannins and Community ruch an order the commission shall mail written noucc to Right-To-Know Act of 1986/* 100 Stat.1730,42 U.S.CA. g occurs the owncr or operator of the facilitv by certified mai!, which return receipt requested, and shad uvtify the public, by tne 11001, and divisions (B) and (C) of this section is not $6 ba3y, . publication of notice in a newspaper cf g:ceral circulation ject to the requircrnents of sections 3150.07 sad 3750.08 or err.ery Iu ths county where the (wdlity is located. of the co nmis. the Revised Code nor to the payment of fi! jag fees under sion's intention to approve the request and to issue the divtsion (A) of wctico 3750.13 of the R* vised Code Sith N lhAt CC respect to his agricultural production activities. ? Eld. O 4 order and that the public cray subruit written comments to e occun, die ecenmission regaromg approut u( the request durins (a vn r,wtier or operator of a facility shall fail to co'np;y 3 his de. that time. The cotumission sbau not issue any such orcer with this sectan or an order issued cacer divhiva (M of . .' be gis unkss at least six:v pe* cmt of the voting mernbet1 of the this section. gy,' orabt corstr.ission vcte to approve the request and issuar.ce of tne (d order. Desi,t nations under this division shall be made 141 STORY: oc 1983 S 367, cfi.1214 88 Y actifk * > ~s. v
C614 669 7193 01110 EM i t e 4, 00{ , 03/21 95 13: 46 5
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469
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Emergency Planni.qg M0.08
)
( 3750.02 of the Resised Code mav subrmt to the commis. PRACTICE ANO $Tilov AIDS sion and the committee and Iba department havius Juns* dietson over the fact!ity the material safety data sheets Baldwin's Onio Legislam : 5eme .1982 f.sms of Crno 5 J47-.- LSC Analysis p 51017 applicable to those chemicals instead of tae list required under division (A) of this section if an owcer or operator who submitted niaterial safety data sheets under this civi-
) M50 08 Emergency aaJ aazardous ciendcal inventory sica discovers new safonnatinn about s hazardous 6hemical fona for which a material ssisty data sheet was so submfued, he shall submit a revised matedal safety data sheet for the (A) Each owner or opc;. tor of a facility who is requind haasidous chsmical to che commission, committee, and fire to prepare er have availsble a material safety data sheet for depanment within three moruhs afte* dlseovery of tb r.cw a hazardous chemical ucder the " Occupational safe:> .ad Information. If an owner or operster who has stated ma:erial safety data sheets for nine or fewer hazardous Health Act of 1970," 84 Stat.1590, 29 MC.A. 651, as amended, and regulations adopted under it chemicals under this division obtairs a hasardous chemiestrequired te submit a e unoer division (A), (d),or who is for whleb reputting is required under division (A) of this or (!). or is authorized to submit material safety data sbcets instead section or, purruant to division (D) of this section, is first required to report a hanedous chemical identi&d or listed of that list under division IFt of section 3750.07 vi the by rules adopted under division (CX5) of sect:en 3750.02 of Revised Code and who had present at the facility during the preceding calendar year an amount of a tarardous chemical the Revised Code, he shall submit a materh! safety cins sA*et for it to the commission, committee, ar.d fire depart, exceedfas the appliusute enresooid quantity established by rules adopted under divisica (3XJXb) or (CXi) of sec: ion rnent within three months after obtaining the haurdoas chemical or adoccion of the rule identifylus or ilsting tne 3750.02 of the Revised Ctde. sbsil annue.!!y by the IInt day hazardous chemical. If an owner or opera:or who has sub. et March submit to the local ernerscacy plznning ecmmit.
mitted material safety data sheets for ten hazardou, chemi. tee of the emergency planning district in which the faciHry la 'oented, the emcryency response commission, and the fire csjs under this division obtains a httardous chemical for which reporting is required under division (A) of this sec- department having jurisocion over the facUity sn emer-tion or is first nrtnfred under division (D) of tais section, gency and hazardous chemiest inwntory foru. conta!ning he shall, within three months after obtaining the hazardous ticPI infortnation as pnsenbed in divisions (AXI) to (4) of this section.The omier or operator may instead subrmt an chemical or ad ion of the ru!c identifying nr listing the inventory foou uuntaining tier Ilinformation as prescrited t bacardon chem I, perpen and submit a list containing the informadon required in that division for a!! of the haa. in divisions (B1(!) to (7) o(this section for any hazardous chemical present at the faci 11ry. If the commhalua, commit-j 'b'. ardous chemicals afored, handled, or pmaased at the f acil. / j fry for which reporting is required undqr that division. tee, or fire department having jurisdiction over a facility t. has requested ander division (B) of this section that the ! ( (F) No ownerar operator af s facilley where a hazaasmas cheMcatjs stored,tandloo, or pMoessop sn an amount that
.wser or opcantor of a facury sabatit an inventory form containing tier 11 information as prescribed in that divi. ).
d:F e i5desboid quantity for the bazardous chemical sion, the owner or nrwestor sh2n by thc first day of Muen , established in nales ado,ned unaer division (B)(1)(b) or(C) Of.each year subsequent to that request submit to the coct. (5) of setrion 3750.02 of the Revised Code sh 2 failruission, ton committee, and fire department an inventary for n (1) Submit alther th 'sai"#haLtdous chemicals containing tiar 11 taformat en as prescribed in divisions (B) - reqdited to be subrained atd contalcing the.information (!) to (7) of this section instead of an leventcry form con. required by*'diftston 14Er (hislecticior tn enbreit mate. taininA the tier I infonmation pecsen'hed in this division,
! rial satssy data shG ror the hazardous ' chemicals in l'6.m. until such time as the commission authorizes the owner er pliance with division (E) of this section: pentor to asume the annun! sukission of an inwntory (2) Consply with a asyucs: to provide a material safety form seasalaing tier 1 inforo2ation. An owner or operator data sheet as required by' division (B) of this scetion; who has been so required to annually subrr.it an inventory ,
form containfos tier !! information rusy, at any timc, ' (3) Submk either a revhed the of Lazardous enemicals request the co:nmission to authorfu the owner or operator i or a revised material safety data sheet as required by divi. to resume r sanal rabmission of an inventory forrn t nnesle. slon (D) of this section or to submit a list, ruterial safety ins ri<r l inimation. data shca, or revisto raaterial safeIV data sheet in compli. ance with division (E) of this section. The emergency and hazardous Chemica} InventoIy fctm hl shallinclude as tier I ibrorniisdom all of the fullowing (nfor- d l HISTORY: 1988 5 357, eff.1214-88 matioh with respect to each htzardens chemical that eras ' pitsem at the fact.ity during the pt:cedinz calendar yea r in ths; Issa $ 467. I 3. etT.1214-88. rends. In part: (C) Sub. an amous szetsding tne epplicsble threshold quantity-I g missica of tin of hazardous encanicals or of a Macedal Safety (1) An estimate of the matic:cm amount in pounds of Data sheet for esen such subuance or ehemic4 es m sme the taier. hazardous chemesk in each categosy established in q sency Mesponse Camrnession and the local ernertency planning rules adopted under division iBYlyb) or (CX3) of section i 3750.02 cf the Revised Code that were prescot at the facil-l N e N "erN.Y., c c eYey$N nj icy at am eine durus tne preceding calendar year. The Comanunity Rishi To-Know Ac; of i 16." 100 34at.1731, 42 estimate, for cace such category shall be provided in the U.S C.A.11003) const.rures compliance *ttf the riquirernent of appropriate reportins evige established by those ru!cs, , division (4) ersection 37se.of g(M Reesta Coce that the owner i of operator orthr facility submit such list witten thi ty days after (2) An estimate of the average daily amount in pounds ~ r of the hazardous eternicals in cach such category that wer* the e rectin care of this act. - l prnent at the fa.itary during the preceding calendar year ProMbition: 3 7fo.17 The ntimate foreach suen category sbail be provided it the apprepnate reporting range e< ram shed ty chon ruta.
' M I#95 13:47 <D314 g gg 7 93 .
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,e Health-Safe:y . nom" U^ A.J.Q.0Ub ,
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$ i 4ed to da so ur. der divistor. (A) the fhcili ty of hazardous 02t citston or when re19 .
(3) The general locad:e a: of tits see. ion. l
*ials le cach caseso r. '
{ Any oGer infor.na: ion required oy tu!cs acopied g;g7pgy g933 3 37, ,77, g3;g,gg j I ( ,
. er division (BXI)(c) of stction 3750.02 of the Revised Prohibitios 3750.17 !
Code. : (B)l)pon the request of the cotucaission or the commit. PRACTICE AND STUDY AIDS I tee or fire departmca.1.asing jurisec6nn over the fad!ity, I the owner or operator of a facility that is subject to this Baldma s OW Lasbt tNe service. I933 Laws of Ohio. S 36b ts: Analysis,p 51017 ! scetica shail submit an emer;ency sad hazardous chemical ! invemory form containing tier II istormation m. prueribed i in divisions (BXI) to (7) of this secdon within thirty days 3750.09 Protection of trsde secrets I after receiving ,, the requ% ~ jus ' chemical inven . J6S' W u demW W h hisin E') dthis f
,An ,o,mergency an'd hatirjp tillWfo3dWigad stioQ sed % any person who is required to provids information : j shalljochde aspe 11 nse crimmission, the local emer. I inf9 ,, , , ,,fMMKw to tbc emerpacy rso ce of tbc emergency piar.ning die t at theemla facihty Mor,qch,,,he ,precedinTdlender y,as, ppt ear in se $
durmg t gency planningg g g , gggjp.nd or opemd by &c person is amount eacceding the appilcable; thrunold quantiry: ! ' located, or the fire department having jurisdictios over the (!) he chemical narnt or comenon name offacility, the hazard. under the reporting requirements in sections
/ ous4 its chemical as provided 3750.04,3730.0',3750.0%
safety data sheeter 3750.03 of the Revised Code chemical abstract s:rvbe number;on the ma:crial or the rules adopted under division (BXIXd) or (e) of ses-
.3 (2) An esdmate of the Inulmum amount in peunds of tion 3750.02 of the Revised Code, tnsy withhold from sub the bazardous chemical that was present at the (seihty at rsission to the commission, committes, firs deperunene, er l* any time dtuing the preceding calendar year. The estimate
- any othel person the specific chemical identity, including .
shaR be provioed in the appropriate reportins range estab. the chemical an.no and other rpecift: ider.tification, of an ; lished by rules adoptd under division (B)(1Xb) of secdon czttcmely hazardous substance or hazardous chemics! 3750.03 of the Revhed Code. identified nr listed by rules adopted under division (BXIXa) (3) An estimate in pounds of the avetsge cauy amvent or (b) of secdon 3750.02 of the Revised Code on the of the hazardous chemien! that was present at the faci'itygrounds that the information constitutes a trade secret if duri:s the preceding exencar you. The estimare shall be either of inc tbliewing conditions in met: provided in the approp-late reporting range established byAt the time of submitting the information sought (IXa) tnose ruiss. to be clusifwd as a trade secret, the owner or operasor of (4) A brief descriptios of the manner of storage of the the facility submits a claim for protection of shat infonns.
.a/
.,4 bcserdonc chemical; tion as a trade secret pursusat to rules adopted mader divi-(
(5) The location st the facshty of the hazardous sion (BX2Xd) of neulom 3150.02 of the Revised Code and mbmhs a copy of de requirsd repas that indicates that f' emica). (6) An indication as to whether the ownar or operator iledand contaans &c generic class or such a etale has besa f, cal idenhty in p,1=c of the specific categay of the chemi cho:ses to withho:d irJormation about the hasardous chem; cal frons diseleaure as a trade secret and. if so. chemicalidentity and thatis accompanied by a copy of the , substantiation supporting the trade secret claim that was whether he has filed a chim with the administratos of the , 11nited States envinamestal protection agency for protec, abmined to the administramt ne mwner orofoperator the Wted may States env1 ti:n cf that information as a unde accret pursuant to rules**'"*atal prmeetion asener adopted under division (BX2Xd) of section 3750.01 of wi:hbold from the copy of tac substanttatius submitted to thethe uant to rules commhsian, committee, or fhe department the specific Revtsed Code ev with the commission section, as chemical ideratity c3alu.ed to be a trada secret and informa. ad:pted under division (B)(5) of t
# ** tion identi5ed as confidential business information in rules r4her infortsation requ' cd by mies adopted adopted ur.dce ativision (B)(IXh) of section 3750.02 of the (7) An Revised Code.
under div sion (BXIXc) of secuan 3l?50.02 of de Revised (b) A determination of the claim remains pending pursu-Code. - sat to Gose rules. If the commission has not ptscribed eme.gency asc (2)It has been determined pursuant to those rules that a hazardas chemical inventcry forms, the owner or operator g,.ade seern exhts. sha!! submit the infonnation r*qurred oy divisions (AX1) to (B) Encept as otherwise provided in divle;on (E) of this (4) er (BXI) to (7) of this section to the commission bysection, any penon who la requind to provide ir. formation ktf2f- to the commission, the local emersency planning commit-(C) No owner or operator of a facility where a hazardous tee of the ectergency plancing district in which a facthty4 r,headcal h pmduced, used. or stored it, an amount tsat owned or operated by the penon is located, or the fireg$ e eacceds the threshold quantity for the themical egablished in Mes adopted under division (BXI)(b) or (CX5) of sec. department having judsdiction over the facility, undee the3750.04, - reporting requirements in section tion 3750.02 of the Revisto Code sha!! fall ta submit: 3730.07, or J730.08 uf the Revised Code or the rules (1) An emergency and hazardous chemical invento!7 adopted under division (BXIXd) or (e) of section 3750Ar form conWains tier 1 infeemation as required by division of the Revised r%de razy withhold from submission to the (A) of this sectioc; cornmittee, fire department, cr any othc4 person the (2) An emerarncv and hazardous chersical inventory specific chemical icentity. including the chemical name or form containing tier !! mformatkun in compliance Md other spectile idens.ficacion, of an extremely hazardous Q division (B) of this section when requested to do se under f.
OD21 95 13:45 0 614 % 9 7153 0110 En dou6 006
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*d . I Emergency Planning 390.11 l 473
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n l (BXI) than receiving tne written request of an ofHeer or tion fctm. If the commission or cornrsittee finds that the optiennt's statement of sener:t ca d inr the infermation ( employee of the state or a political sutetytston acting in his l constitutes a valid need for it under rules adepted punusnt official cspacity, the commission cr committee shat make available to the officer or employee sa a nc sency med haz. to divnion (BXIXs) of section 3750.02 of the Revised ardons chc=ical inventory form that contains tier !! infor. Code. ic commission or ccmmittee sba11 request the owuci mation. If te commiss'on of comtr. ices does not have the or operator of the facility to submit an inventory form that I l .. . requested inventory form containing that informa!!or., it wotains tier !! information pertamieg in the hazardcus i
, chemical.The owner or operator of the facility shall subrsit shall rtquest, the owner or operator of the faci! ty to subtnit )
one. N omict or operator of the facility sha!! subrnir the the remested inventory form to the commission or com- 1 requested isventery form to the commission or contmittee mices Wthin thirty days after receiving tae reqacst to sub. , within thirty days after receiving the request to submit it. Init it. Upon receiving the requested inventory for:n, the coramla.sa or committee r.han provide access to revkw it , Upon receipt of the requested inventory form, the commis-31oa or committee shall provide i to the public officer or or a copy of it to the applirant in accordance with the l stuployce who esquested it, subject to the restricticos na policies and otocedures established in rules adopted under division (BX2Xe) of section 3750.02 or the Kevised Code, the disclosurt of trade see.ec and confidential bisi:ess ' informa: ion established in rules adopte'd under division (B) subic: to the restrictions on the release of tier!! informa. I tion in diviaico (D)(5) of thh seccios and to the restrierm (IXI) of section 3750.02 cf the Revised Coce. j on the disclosure of trade secrvt and confidential business (2) Upon receiving an application from any penon to :nformation established in ru!cs adepted under dietston (B) l tevtew or obtain a copy of an emergsney and 14 meoua chemical leventory form contalnf og tier !! informa: ion that (!)(1) of section 3730.02 of the Revised Code. ($) The owner or operator of a facillry may request in is in the possession of the cornminion or comrnittee. the writing that th,e stoiate location of a harardous ehemical a,e commission or comtnittee shall provide the applicant a facility provided os an emergency afd hazardous chemi-access to review the form or obtain a copy ofit in accort;. ed inventory form containing tier 11 information substitted ance wi-h the policies ans procedures estantished in ruka under this section or section 3750.08 of the Revised Coce adopted under division (3X2Xc) of sectica 3750.02 of the oot bc' disdosed to any person who is not an emeer or i Revhod Code, subject to the rutrictions under division (B) employee of the stato ua a political subdivbien cetinc in his i I ($) of this section on the release of information on emer, ofEcial capace If ec ower or operator of a facEi:y has gency and hazardous the:nicalinventory forms designated submittatt nich a request to the comrnission or a conmit-as tier II information and to tac restrictions on itc discia, tee, the commission or contnittee shall not disc!ose infor-d sure of tir.de secret and confidential business information mation concerning the specific storage locatloc of tia haa- , c= Mad in rulae adopted under division (TlXIXi) of sec. ardous caemical as as facaW to any penon who in nos,sa tien 3750.02 of the Revised Code. ## saaWa ca su m on (3) if the enrurnisaloo or committee dees not have the a requested inscamry forts containing tier 11 infonnation. (hgNo ownerr or operator of a fadllty where a hazardous and if the requested inventory form pertains to a hazardosa chemicalis M handled, omrocessed in an amount dat eneutical that was present u tbs faility in an amount equal exceeds tbc threshold qumutity for the hazardous chemical to or exceeding ten thcuand pounds at any t:me during the established in rules adopted ta der division (BXIXb) or (C) precedIns calendar year. the comtnission er committee is) of section 1750.02 of the Revised Code shall fail to sha11 request the owner or operator of the facility to submit submit an emerg:ncy and hastrdous chemical inventory as emergency and hazardous chetnical inventory form con- form containing tier H infation la compliance 4th talning tier 11 information regardtng the hamdous chcms- dirtston (A) or (B) of this sectIuu wbco requested to do'so cal. The owner or operator of the facilhy shall submit the under either of thota divisions. . requested inventory form tn the commission or committee within thirty days after receiving the request to submit it. HISTORY: 1983 5 3D, efL u-14-83 Upon receiving the requested inventory fonn, the commis. sion or enmmittee shall provide accen to teview is or a Pnh h m 3W. e copy of it to the appilcant in at.cordance vid de policies PRACTICE AFC Sit'DY AD$ and procedues nrahlkhed in mles adopted und:t divisicn saidwin s veio t.esistattre servius issa 1.a... tot in. s ss7-(BX2Xc) of section 3750.02 of the Revised Code, subject to UC Anaysis, p 5.ml7 the restriedons sudet division (BX$} of this secdon on the rulesse of infortnatjon on emerpucy anJ 1,surdous chemi-cat isventory forms designated as tier U informadon and to 3750.11 Enforcement of local rites; emergency response the restrie: ions on the disciosure of trade secret and confi- lock box units dentfa! busir.ess informadon estabhrhed in rules adopted under division (BXIXi) of section 3730.02 of the Revised (A) Ezraept as provided in division (El of this sectic.., no Lode. local emerpucy pt. wing committ:c shall estem ar.y mo. lution, rule, or requirement for the reponir4 or providing (4) If the commission or committee does not have the nf the names or amounts of extremely hazardous substuces rwunred inventory terra eontainiac tier 11 information or hazardous che:nicsIs produced, used, or stored at ta:su. and if the requested investory form penains to a hazardous chersical that was present at the facility in an arnount less ties under the jurisdiction of the committec; for the tc;ert. than ten thousand pounds at any tirne curing the precedtag ing or providias ofInforrnation regardins loca:icus wWe calenda: year, the persoe's application for access to review those substances or chemi.als are stored at those facilities: or obtain a copy of the inve.itory fer=i sM1 rnn: sin tie or for the reecrtiet of rclesses cf extremely hazar ious sub. stances, hazardous substances, or oil, that is not consisten: person's 5:atement of general need for the loformation, in wid and equivalc:sc in scope, content, and covers;c to the addition to tne other infomatior requ: red on t'ie spplica-( ' wm m se
US'21 br, 13 h Obl4 %9 7163 01110 EXA Z007,008 30.!! Heahh-Sahty-Morals 474 l g reporting and hazard :ornmunication provisions of this sariance and send a copy of its resolution. of the po:itical 3 () chapter and n IM adntwed under it. unicas the committee subdivision *$ vanan *e applicatica, and cf the ordinance, e {
' I rt cbtains a variance from the emerEency response com- resciution, rule or requtrcinent, to the commission. The ,
( ission under division (B) of this section. committee shall not approve isnance of a sariance under s 3
'(B) A committes, stall prior to Commencing enforce. this diviaiuu ualess at Last sixty per cent of the voting /
U Inent~of aziy such requirement,*subiisit l comuzianos alons mth sa ap'ptiaibWo@r a y$ance mission fi{am7lifgo finds that the commmecph hasmeznbers of the approved issuance of cominittee v
~
vcte 4 9 to app division ~(A) of thiiiec.lonla 'accordance with rnics a variancs and that the ordinance, resolution, tvle, or C edooted under division (BX2Xe) of scetion 3750.02 of the requirement of the political subdivision meets the criteria for issuance of a vatiauce establiahed in those rates, is shall b; Revised Code. On or before the cats that the commisec 83 submits the variance appication to the cornmission, the approve the application and issue an order in amordacce committse shall tuali by certified racil, return receipt with section 1750.18 of the Revised Code sranting ths vari- R
'd requested, notice of the application and a summary of the ance. The commission sha!! nct issue any order approvitig a variance application unless at least sixty per cent of the ac reporting requitetnent to the owner or operator of each voting memoers of sne commission vote to approve the ac facility whhin the emergency planning district that the application and issuance of an order granting the variance. 8i' committee determines would be subject to the repomag If less thaa sixty p* cmns of the voting members of the- as requirement. If the comml==ivu finds that the rcooludon, rule, or requirement snests the criteria for issuance.of a commission vote to approve a variance application, the o' varinen established in those rules, it shall approve the CJramission shall issue an order denying the varianca sss appilcation and issue an crder granting the variance in This division does not arrect the vatiairy or enfbmeabil- m' accordance with section 3750.18 of the Revised Code. The ity of any such ordinance, resolution, rule, or requirement de c:mmission shall not issue any order appauvius a vesistics of a political subdivicion adopted prior to the effectiva dare ca:
application unicss at leest siary per cent of the voting mem- of this section. However, this division applies to any de bers af the esamission voce rn approve the application and amendmc~nt to any such ordinance, resolution, rule, or issuance of'.he order. Ifless than sixty per cent of the voting requirement, whidt amendment is adopted on or after tne is mernbers of the commission vote to approve a variance effective date of this section and establishes a reporting : ur application, the commission snail issue an order denying restuireuisut that is not consister. with, equiva'ent to, and 2 fir: the variance. no more stringent than the reporting and hazard commurd- anc (C) Eacept as peovided in division (G) of tG seedon, no cation requirements of this chapter and rules adopted - irn: political subdivision shal1 enforce any ordinance, resolu, under it. ext tlan, ru!c, or requirement adopted on or after the effective (D) No politiest subdivision shall enforce any ordi. ap; date of this section or any amendment adopted on or atter nance, resolution, rule, or requiremem adopted on or after a sen j the effective date of this seeden to any such ordinance, the efective date of this chapter requiring the placernent of . unt . ranutmaion, rule, or rsquaremco that wee is affect on the espargemey response inr* hn units at any facility where an 7 Cos
%ctivt date of this section, for the reporting or providing 'extrermely hazardous substance, hazardoua charnical, or :.* but hc names or amo;mts c(cattemely hazardous substances hazardous s=haraara is produced, used, ce stored. The fire sior f- hazardous c'oemicals produced, used, or stomd, at facili- department of a political subd!vtalon having jurisdhsion j mc4 ties within the political subdivision; for the reporting or over a facility and the owner or operator of such a facility t Res providing of Intbrauntivu scgarding locations where thcme may enter into na spreement tradar which the owuct or -
this substances or chemicals are stoted at those facilities; or for operator will place and maittain an emerlency response ( tha egnrting of releases of those extremely hazardous sub- lock box unit at his facility in compliance with rules this stances, hazardous substances, or oil that is not consistent adopted under division (BX6) of section 3730.02 of the gy p, with, equivalcut to, and no more stringent than the report- Revised Code. lf the fire department of a poistical subdivi- tra Ing and nazard commttnication requirrasuta of this chap- sion and an owner or operator of rvch a facility are imable and ter and rules adopted under it, unless the political subdivi- to cater into such an agreement and if the fire departmcat anv i sien first obtains s vsrlance under this division. believes that placement of a lock box unit at the facility is ; .gg l A po]tical subdivision that seeks to obtain a variance necessary to protect public health and safety and tne savi- htr under this division shall submit a copy of the ordinance, ronment or to protect emergency managernent personnel pmc l resolution, rule, or requircrnent to the cc:ntnitIce of the scapoedina to a rsicase of any such substance or cherniest % l from the facility, the firs department,in accordance with i, district in which the political subdiv sico is located along i
,, I with an applicati6n for a var:ance la accordence wkh mies rules adooted under division (BX2Xf) of section 3750.02 of .
ston adopted under division (BX2Xe) of section 3750.02 of the the Revised Code, may subotit an application to the corn- j cxtri Revised Code. On or before the date that the politfcal sub. mittee of the district in which the facihty is located for 3 ott division submits l'ae variance applicanoa to too committec, Inuazu. of an order'rcquirisg the owner or opetstor to 37g [ the political subdivision shall mall by certified mail, return place a lock box unit at his facility that cotoplies with the , gg,, receipt rzq.cated, notice of the application ane a suminary rules adopted ander division (BX6) of section 3750.02 of e Dora of the repcrting requirernent to the owner or operator of the Revised Code. On or before the date that the fire gge each fac:lity within the political subdivision that the pcliti- department submits the application for issuance of such an eg,,, ca! subdividon determines would bc subject to the report- order, the fire department shall r.lall by cerdfied mail, ,,, ident ing requiremect. If, irt the opinica of the cornrnittee, the return rrecapt requested, notice of the appiication to the f; ordinance, tcsolution, rule, or requirement of the politiesl awner nr operator of the facility for which isstance of the 3 or(C jf;e su> division reccts the criteria for issuanc: of a varszace order is sought. If, in the opinion of the cornmittee, the .2 established in those rutts and does not conflict with any resolution, rule, or r:quirement adopted by the committee, application meets the criteria for issuance of such an order established in the rules advyted under division (B)(2)(f) of f,'* T gthe cornmittet shsll, by resolution, approve issuance of the that section, the committee shall. by resolution, approve ," #E gg l
.: l i 2
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03 21,95 13:30 g _ n -- 3614 - 669 7163 0E110 EMA 2008 008
- I t I i 475 Emer;;eacy Plannins 3750.12 i
( : f issuance of the unicc and scnd a copy cfits resolution and is not so ldentified in rules adopted under divisio:(BXIXc)
, the fire departmem's application to the coturnission. The or (CX5) of that section.
j conunitte. Wall not a prove si aechcation for issuance of (G) A poli:ic:1 subdivision thst owis, ope a:es, or is
- 1. such an order unless at least sixty per cent cf the voting sarved by a put!!c water mtem as deflaed in ,,ce;on tremben of the comtninee vote to approve it. If the com- 6109.01 of the Revised Code may establish and enforte
{ rnission flads that the comtnittee nas approvtd 6e appilca. requirements th&t orovide for the protection of ground tion and that the application meets the criteria for issuance water resources that serve as a source of drinking water for l of such an order established in ndes adopted imder division its public water system and that are located within scientifi. l ca'1y derived vet; head pavtection areas. l (BX2Xf) of that section, it shall approve the application and issue as order in accordance with section 3750.18 of the HISTORY: 1988 S 367, eft 12-14 88 Revised Code requiring tbc owner or operator to ptacc one or more emergency response lock boa units at his facility in PmWhiaion: 3750.17 r accorcance with the approvcd applicatton and rules l adopted under divisicn (BX6) of thatsection.The cornmis- PRACTICE AND srtjoy Aips sion shall nor aritirove an applicatica for issuance of such an order unless at lesst sixty per cent of the voting snembers B+3Ma's O'do L*sistadv. servio :o ss Owe arotus. 5 361-UC Analyds, p 51017 of the conunission vote to approve the application and issuans: cf the orcer. Ifless than sixty pes 6 cat of the vodna c m RE m ets Incmbers of the cornmissicn vote to approve the applica-tion, the corrmbion chall issue an order cenying the 2DDii. Todc chernies! release. enforcement of local rules, !$1.06 cation. No person shall viciate an order fasued stnder this division. (E) A committee may, by resolution, adopt rules requir- 3750.12 Fire awshah rules g .emiss 1sMlHg at bulk ing the placarding of buli hazardous chemical storuge areas storsge arsas witAin its district in autanda44&c with rules adopted by the
- D' #1" **'3"d 'N *' ***'"I'*d"" "'. " O ' '**'8'"*Y fire marsaal under section 3730.12 of the Revised Code response commissio'n, shall adopt rules m accorcance wtth and rules establishing sugh procedures as are necessary to Chapear II9. of the Revised Code establishms standards
. implement and enforce that requirement. The rule.s may governing the placement of placards or labets comaining
'caempt the owner or operator of a facilhy who, with the spedM idormation at buDc stcrage areas d hWous y apptuval of the committee, installs and maintalas an emer- caetnicals for the putposes of division (E) of section
- j gency lock box unit that complies with the rules adopted 3750.!! dthe Revhed Cods. De rulo shall, whout li.pi-t undsr divisloa (EX6) of secdon 37%.02 of ths Revised ,,tje ,,ta all ef the foDowinc Code from compliance with requirements for placardists of (A) Establish standards that are consistent with tnose bult hazardoos chemical storage areas. As used in this divi- estab!1shed for this purpose by the nadonal fire protection sion, bulk hazardous chetnical storage ares" has the same association or with othat saadonally recosniaed standartis meaning as in division (D) of section 3750.12 of the and stipulate that the owner or operator of a facil'ry may, st Revised Code. Ifu pcason shall violate a rule adopted under his discretion, intiliae the system of ptscarding or labeling this division. . established by the national fire protection association; (F) Except as prnvided in ' division (G) of this scetion, (B) Provide that if more than one hazardous che:nical is I this section shall not be construed to authorize a political present at i bulk statsse are.a. a placard or tabel concernias subdivision, other than a municipal corporation or county only the chemical that is the most hazardous as determined that has adopted a enarter in accordance with Sections 3 under thi': chariser and ru!cs adopted under h need be and 4 of Articia X, Ohio Consdtution, to adopt or enforce placed at the arts; any ordinasce, risolution, oils, or receirrment for the (C) Stipulate that the information that may be contained reporting or providing of the names or limounts of on plaarda or Laoets is sutdect to the teatrictions on the extrernely hazsidous substances or hazardons chemicals release of trade secret information and confidential busi-ness information under this chspter and rules adepted produced, used, or stored at facilitics located withlu their boundarics; for the reporting or providing of information under it; (D) $tipulate that any facility whose primary function is repa dlas locations where those substanees rir chemicals art to otter a hatitcots chemial for rstail sala direedy to the stored at those facilhics; or for the reportmg of rtleases of consumer is not subject to any placardin5 or labeling extreucly hazardous substances, hazardous rubsunces, or r'qvarment mmMahed by a loca! eme.3::ev plannlag oil. Nothing in this scetion or division (tX3) of section 3750.03 of the Revised Code shall be construed to nothor, commhtee under division (E) of section 3750.11 of the Revised Code, provided that the facility 13 occ commonly 12e a locrJ cmsagency planning oopimistes, snualcipal crir. recognized by tne general paLhc as a rctall sa!rs facility fx poration, or charter county to cuforce any crdinance, reso-hitinrt, rule, or recuutment that identifies or lists as an hazardous chedcals.
As used in this secticr. " bulk storage area,, means any d' cxtretacly hazardous substance any substance that is not so area at wWeh a: 1 cast tr.a thousand gs!!ons of a hazarcous ident'fied or listed in rules adopted under division (B)(IXa) chemical in Enu,d [orn2, or at ! cast fifty thousand pounds of or (CX3) of scudoo 3750.02 of the Revised Code, that i+m a hazardous chma44 m soud Tom an ed. W rem tifies as a hazardous chemica! any cherrien!. other than a does not inc!ude pmcess vessels. chernical Idennfied in division (GX3) of secuon 3750 01 of I the Revhed Code, that is not so identfled cr 1:stes m rules adopted under division (BX IXb) or (CX5) oithat section, or HISTORY: 1988 S 3t0. eff. Abi4-85 In:it foer.tlf'es as a tw.aadous substar.co any subr.ance that PmWhoa* 3750.l* f
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l,* A Jim, I i Enclosed is documentation of the results of a telephene conversation that I had with the Secretary of.the Local Emergency Planning Commission (LEPC) in 4 Cuyahoga County, Mike Kalstrom, on March 2, 1995. 1 Kalstrom is an emergency planning specialist who works with chemical hazards. l He works under the authority of the Superfund Amendment and Reauthorization 1 Act (SARA), Title III, " Emergency Planning and Community Right to Know," and j under the jurisdiction of the State Emergency Planning Commission (SERC). Kalstrom works for the Cuyahoga County Board of Commissioners. i Kalstrom is also a member of the City of Cleveland Ad Hoc Task Force on j ' Emergency Planning at Advanced Medical Systems (AMS). Wayne Slawinski and/or I have attended the meetings of that Task Force. Kalstrom has been a very strong and vocal critic of AMS. I have maintained close contact with the other persons and organizations involved in the Task Force and the other participants are comfortable with the progress being made by AMS. j The persons ir.volved that I have been touching base with include the Cleveland Director of the Environment (direct report to the Mayor and assigned as Task ' i Force Chairman), the Cleveland Fire Chief, the Cleveland Law Department, the j Ohio Emergency Management Agency, and the Ohio Department of Health. r I last personally met with the Task Force Chairman on 2/21. Kalstrom appears to be in a different position from the remainder of the Task Force. On February 7, Kalstrom on behalf of the LEPC petitioned the SERC to grant a (-
' variance from regulations governing the operation of the LEPC to designate AMS as an " additional facility" under the Ohio Revised Code giving the LEPC authority over the hazards assessment and emergency planning at AMS. In that !
a letter, Kalstros makes sweeping and unsupported harsh criticisms of the NRC's I oversight of AMS. Prior to that letter, I had spoken with Kalstrom twice and responded to one letter from him and thought that he had no significant outstanding problems. After I met with the Ad Hoc Task Force Chairman on 2/21, I intended to meet with Kalstrom to explore and resolve his concerns expressed in the 2/7 letter. Prior to my opportunity to do that, on 2/27 we became aware from the Ohio State Liaison Officer, Jim Williams, of a meeting that Kalstrom scheduled that afternoon with the SERC. We were unable to attend the SERC meeting due to the lack of notice, but shared our observations with Williams. Williams view was that he perceived potential regulatory overlap problems between SERC and NRC if the SERC got involved directly in AMS. The SERC heard Kalstrom at the meeting on 2/27 but postponed a decision on his petition until a future meeting. Kalstrom had Larry English, an attorney with NE0RSD, with him at the SERC meeting. This seemed unusual since the sewer district does not have emergency planning responsibilities. We offered to Williams to meet both with the LEPC and SERC. The meeting was scheduled with the SERC on 3/9, and was subsequently postponed by the SERC to 3/27 due to scheduling difficulties. Kalstrom is scheduled to be in attendance at that SERC meeting.
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Because the LEPC is a petitioner for a hearing on the AMS license renewal, w
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decided to preceed any meeting with Kalstrom with a phone call. Enclosed is i l 't i documentation of the results of that call. As an action item from the call, I agreed to send Kalstrom some guidance and technical documents supporting NRC emergency response regulations and licensing practices on fuel cycle 1 facilities. It was further concluded after discussing the results of my call with DRSS and NMSS manecement that the best way to prepare the SERC for their decision was to proceed with the meeting directly with the SERC with Kalstrom in attendance, and not schedule a separate meeting with Kalstros. If you have any questions, please call me. I Jack l ( l IS 1
CONVERSATION RECORD l TIME lDATE P.M. 3/2/95 l O visti O CONFERENCE X TELEPHONE O INcoHINc X ouTco No ORGANIZATION (OFFICE, DEPT.ETC.) TELEPHONE No. NAME OF PERSON (S) CONTACTED OR IN CONTACT Mike Kalstrom Cuyahoga LEPC 216-443-7597 annu Concerns regarding AMS EL79%RT I initiated a call to pursue issues that Kalstrom raised in the 2/7/95 I addressed the following issues: letter from the LEPC to the SERC.
- 1. I went through a complete description of the facility and the NRC licensing of the facility. Kalstrom expressed that it was his view that the NRC had not provided appropriate oversight of the facility, particularly in the emergency planning area. I pursued with him his knowledge base and whether he was familiar with our licensing guides and regulations. He was not aware of these documents and I committed to send them to him.
( 2. Kalstrom understood from the sewer district that NRC was causing the cewer district to spend $40M to deal with the cobalt contaminated ash. I explained to him that the NRC was not planning any further action with 4 respect to the sewer district and it appeared that the $40M figure was a otrategy used to frame the issue to best suit the sewer district.
- 3. Kalstrom believed that the NRC did not support local emergency planning. I explained to Kalstrom that we require licensees to involve cppropriate emergency planning organizations in their formulation of emergency plans and AMS did involve the city and state folks as well as a local hospital in emergency planning for their facility.
- 4. Kalstrom summarily dismissed the competence of all'of the experts who were providing information to the Ad Hoc Committee, including OEMA who did offsite dose projections showing no impact, ODH, NRC and the licensee's staff and consultants.
- 5. I explored with Kalstrom why he stated in his letter, "Given the NRC's willingness to allow gross inadequacies at this Facility to go uncorrected for years...the NRC will (not] follow through and require the implementaticn of emergency planning appropriate for this Facility.....the LEPC is unconvinced that the NRC will adequately address these issues if the NRC continues to be the sole regulatory agency involved."
I asked Kalstrom for his basis for this statement, since he had never previously expressed these concerns to me or discussed these issues with (' me. He stated that he did not have any specifics on which to base his statement. I asked him if he had reviewed our recent inspection of emergency planning. He responded that he had not, and stated further that it didn't matter since it was the sewer district that was ensuring that
V * ' a'ppropriate emergency planning would take place. I further explained our , schedule l-preparedness for inspections and shared inspection that_was the in issued results or our1994. November recent emergency , I expressed ' l having the facts or discussing the issue with me. concern that he would take sucj ,k Kalstrom then stated that he did not understand why I might be concerned by his letter. ' He stated that the purpose of his letter was clear. requesting an unusual variance from the state regulations, one thatHehas was l previously would grantbeen requested, and he had to make it sound good so the statenot the exception. He then stated, the Plain Dealer (the cleveland daily newspaper].""It's not like I sent this to i At that point, I realized that Kalstrom was not responding to the AMS situation from a logic or knowledge standpoint, but from a political l ctandpoint and any further discussion would not be beneficial. I i reiterated that I would send him the documentation underpinning our i regulations and licensing guidance and terminated the conversation. ACI ALN1 NEERJINED Sand Kalstrom documents. I l NM Of PERENI N'LMtNIING UUNVERSAIIGN EIGNATURL John A. Grobe DAIE AGIION IAKEN l ( SIGetAlutt l TITLE DATE I I l a %}}