Domain VI: Record Keeping and Reporting

Question 1

What must be reported to OSHA and in what time frame?

Answer 1

All employers are required to notify OSHA when an employee is killed on the job or suffers a work-related hospitalization, amputation, or loss of an eye.

A fatality must be reported within 8 hours.

An in-patient hospitalization, amputation, or eye loss must be reported within 24 hours.

Question 2

What is the OSHA 300 Log and what goes on it?

Answer 2

Employers must record all new cases of work-related fatalities, injuries, and illnesses if they involve:

 death,
 days away from work,
 restricted work or transfer to another job,
 medical treatment beyond first aid,
 loss of consciousness, or
 a significant injury or illness diagnosed by a physician or other licensed health care professional.

Each recordable injury or illness case must be recorded on the OSHA 300 Log and the Form 301 Incident Report within seven calendar days after the employer receives notice that the injury or illness occurred.

Question 3

What is OSHA Form 301?

Answer 3

Form 301 is called the Injury and Illness Incident Report, which is used to record information on how each injury or illness case occurred.

Question 4

What is OSHA Form 300-A?

Answer 4

Form 300-A is the Summary of Work-Related Injuries and Illnesses, which is to be posted in the workplace annually. At the end of each calendar year, Form 300-A must be completed and certified by a company executive as correct and complete and posted in the workplace where notices to workers are usually posted. It must be posted for three months, from February 1 until April 30.

Question 5

If a facility receives a citation from OSHA, how long and where must it be posted?

Answer 5

When you receive an OSHA Notice, you must post it (or a copy of it) at or near the place where each violation occurred to make employees aware of the hazards to which they may be exposed. The OSHA Notice must remain posted for 3 working days or until the hazard is abated, whichever is longer. (Saturdays, Sundays and Federal holidays are not counted as working days).

Question 6

OSHA states that employers must record any injury that requires treatment beyond first-aid, what does OSHA define as first-aid?

Answer 6

First aid refers to medical attention that is usually administered immediately after the injury occurs and at the location where it occurred. It often consists of a one-time, short-term treatment and requires little technology or training to administer. First aid can include cleaning minor cuts, scrapes, or scratches; treating a minor burn; applying bandages and dressings; the use of non-prescription medicine; draining blisters; removing debris from the eyes; massage; and drinking fluids to relieve heat stress. OSHA’s revised recordkeeping rule, which went into effect January 1, 2002, does not require first aid cases to be documented. For example: A worker goes to the first-aid room and has a dressing applied to a minor cut by a registered nurse. Although the registered nurse is a health care professional, the employer does not have to report the accident because the worker simply received first aid. The selected references below provide more information on first aid.

Question 7

How long must the OSHA Log forms be maintained?

Answer 7

The records must be maintained at the worksite for at least 5 years.

Question 8

When must form 300-A be posted?

Answer 8

Each February through April, employers must post a summary of the injuries and illnesses recorded the previous year.

Also, if requested, copies of the records must be provided to current and former employees, or their representatives.

Question 9

What are the spill release reporting requirements under EPCRA for hazardous substances?

Answer 9

For releases of hazardous substances, the federal government has established Superfund Reportable Quantities (RQs). If a hazardous substance is released to the environment in an amount that equals or exceeds its RQ, the release must be reported to federal authorities, unless certain reporting exemptions for hazardous substance releases also apply.

Under the Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986, the federal government has designated several hundred substances as “extremely hazardous substances” based on their acute lethal toxicity. Under the law, releases of these extremely hazardous substances trigger reporting requirements to state and local authorities, as well as the federal authorities. The owner or operator of a facility that releases an extremely hazardous substance in an amount greater than its established RQ must follow requirements on how to report to the appropriate authorities (in many cases, the State Emergency Response Center (SERC) and the Local Emergency Planning Committee (LEPC) for the location where the incident occurs.)

Question 10

What is EPCRA?

Answer 10

The Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986 was created to help communities plan for chemical emergencies. It also requires industry to report on the storage, use and releases of hazardous substances to federal, state, and local governments. EPCRA requires state and local governments, and Indian tribes to use this information to prepare for and protect their communities from potential risks.

Question 11

What are the reporting requirements for oil spills under EPCRA?

Answer 11

EPA has established requirements to report spills to navigable waters or adjoining shorelines that violate applicable waster quality standards.

You must report any spill that causes a film or “sheen” upon, or discoloration of the surface of the water or adjoining shorelines or causes a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines.

Any person in charge of vessel or facilities that discharge oil in such quantities is required to report the spill to the federal government. EPA provides several exemptions from the oil spill reporting requirements.

The requirement for reporting oil spills stems from the Discharge of Oil Regulation, known as the “sheen rule”. Under this regulation, oil spill reporting does not depend on the specific amount of oil spilled, but on the presence of a visible sheen created by the spilled oil. Reporting an oil discharge may also be required under the Spill Prevention, Control, and Countermeasure (SPCC) Rule.

Question 12

What is the “Sheen Rule”?

Answer 12

The Discharge of Oil regulation is more commonly known as the “sheen rule.” Under the Clean Water Act, this rule provides the framework for determining whether an oil spill should be reported to the federal government. In particular, the regulation requires the person in charge of a facility or vessel responsible for discharging oil that may be “harmful to the public health or welfare” to report the spill to the federal government. The regulation establishes the criteria for determining whether an oil spill may be harmful to public health or welfare, thereby triggering the reporting requirements, as follows:

Discharges that cause a sheen or discoloration on the surface of a body of water;

Discharges that violate applicable water quality standards;

Discharges that cause a sludge or emulsion to be deposited beneath the surface of the water or on adjoining shorelines.

Because the Oil Pollution Act of 1990, which amended the Clean Water Act, broadly defines the term “oil,” the sheen rule applies to both petroleum and non-petroleum oils (e.g., vegetable oil). The regulation also provides several exemptions from the notification requirements.

Question 13

What are the recording and reporting requirements under TSCA?

Answer 13

The Toxic Substances Control Act of 1976 provides EPA with authority to require reporting, record keeping, and testing requirements, and restrictions relating to chemical substances and/or mixtures.
Certain substances are generally excluded from TSCA, including, among others, food, drugs, cosmetics, and pesticides.

TSCA addresses the production, importation, use, and disposal of specific chemicals including polychlorinated biphenyls (PCBs), asbestos, radon, and lead-based paint.

After EPA reviews a pre-manufacturer notice (PMN), a Microbial Commercial Activity Notice (MCAN) or Significant New Use Notice (SNUN) and make a determination under section 5 of TSCA, EPA may take certain actions.

Question 14

What are the exception reporting requirements under RCRA?

Answer 14

Exception Reporting (262.42)

(1) A generator of 1,000 kilograms or greater of hazardous waste in a calendar month, or greater than 1 kg of acute hazardous waste listed in § 261.31 or § 261.33(e) in a calendar month, who does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 35 days of the date the waste was accepted by the initial transporter must contact the transporter and/or the owner or operator of the designated facility to determine the status of the hazardous waste.

(2) A generator of 1,000 kilograms or greater of hazardous waste in a calendar month, or greater than 1 kg of acute hazardous waste listed in § 261.31or § 261.33(e) in a calendar month, must submit an Exception Report to the EPA Regional Administrator for the Region in which the generator is located if he has not received a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 45 days of the date the waste was accepted by the initial transporter. The Exception Report must include:

(i) A legible copy of the manifest for which the generator does not have confirmation of delivery;

(ii) A cover letter signed by the generator or his authorized representative explaining the efforts taken to locate the hazardous waste and the results of those efforts.

(b) A generator of greater than 100 kilograms but less than 1000 kilograms of hazardous waste in a calendar month who does not receive a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 60 days of the date the waste was accepted by the initial transporter must submit a legible copy of the manifest, with some indication that the generator has not received confirmation of delivery, to the EPA Regional Administrator for the Region in which the generator is located.

Question 15

What are the training record requirements under RCRA?

Answer 15

A large quantity generator must maintain training-related documents and records at the facility. The records must include the following: a job title for each position a t the facility related to hazardous waste and the name of the employee filling that position.

Question 16

What are the rules for obtaining an EPA Identification Number under RCRA?

Answer 16

For the purposes of generator notification and obtaining EPA identification numbers, and assuming the structures are on-site as defined in section 260.10, one identification number is sufficient for all structures at the facility site.

Question 17

What are the rules on maintaining manifest under RCRA?

Answer 17

A generator is required to keep a signed copy of a moanifest for three years or until it receives a signed copy from the designated facility which received the waste. This signed copy must be retained as a records for at least three years from the date the waste was accepted by the initial transporter.

Under the federal requirements, Very Small Quantity Generators meeting all the requirements in 40 CFR section 262.14 are not subject to the manifesting requirements in Part 262.14. However, authorized states may have more stringent requirements for obtaining an ID number than the federal program and VSQGs should check if they need to obtain an EPA ID number under their state regulations.

Question 18

Under RCRA, when is a Waste Minimization Plan required?

Answer 18

Hazardous waste generators must certify compliance with waste minimization requirements in RCRA section 1003(b) when preparing a hazardous waste manifest. LQGs must certify that they have a pragrm in place to reduce the volume and toxicity of the hazardous waste they generate; SQGs must certify that they have made a good faith effort to minimize their waste generation.

Question 19

What is the Biennial Hazardous Waste Report required by RCRA?

Answer 19

Federal regulations require large quantity generators to submit a report every two years regarding the nature, quantities and disposition of hazardous waste generated at their facility. EPA refers to this as the National Biennial RCRA Hazardous Waste Report or Biennial Report.

The Biennial Report form (EPA form 8700-13A/B) must be submitted to the authorized state agency or EPA regional office by March 1 of every even-numbered year (for example, a report due by March 1, 2020, would report activities from calendar year 2019). The form includes information such as:

Facility’s EPA ID Number,
Facility’s name and address,
Quantity and nature of hazardous waste generated, and
Whether the hazardous waste was sent for recycling, treatment, storage, or disposal.

Question 20

What are record keeping and reporting requirements under SARA Title III?

Answer 20

Authorized by Title III of the Superfund Amendments and Reauthorization Act (SARA), the Emergency Planning & Community Right-to-Know Act (EPCRA) was enacted by Congress as the national legislation on community safety. This law is designed to help local communities protect public health, safety, and the environment from chemical hazards.

To implement EPCRA, Congress requires each state to appoint a State Emergency Response Commission (SERC). The SERCs are required to divide their states into Emergency Planning Districts and to name a Local Emergency Planning Committee (LEPC) for each district.

Broad representation by fire fighters, health officials, government and media representatives, community groups, industrial facilities, and emergency managers ensures that all necessary elements of the planning process are represented.

__________________________________________________________________________

In 1980, the U.S. enacted a federal law called the Comprehensive Environmental Response, Compensation, and Liability Act or CERCLA to facilitate the cleaning-up of sites contaminated by hazardous chemicals. Enforced by the Environmental Protection Agency (EPA), this law is also commonly known as Superfund. The name Superfund is derived from the special trust fund CERCLA instituted to pay for the clean-up of sites when the responsible party is no longer identifiable.

In 1986, the U.S. made significant changes and additions to Superfund with the passage of the Superfund Amendments and Reauthorization Act or SARA. The law was a direct response to the 1984 chemical disaster in Bhopal, India where methyl isocyanate gas leaked from a tank and killed approximately 3,800 people and injured thousands more.

One of the biggest changes instituted under SARA was the passage of the Emergency Planning and Community Right-To- Know Act or EPCRA. A separate law unto itself, it is commonly known as SARA Title III and it sets requirements for local and state emergency planning around hazardous chemicals, the right of the public to access information on chemical hazards in their community, and the reporting responsibilities for facilities that use, store, and / or release hazardous chemicals.

SARA Title III has four provisions:

Emergency Planning (Sections 301-303)
Emergency Release Notification (Section 304)
Hazardous Chemical Storage Reporting Requirements (Section 311-312)
Toxic Chemical Release Inventory (Section 313)

Question 21

How long are records pertaining to NPDES Permits required to be maintained?

Answer 21

The NPDES General Permit requires that all records related to compliance with the NPDES General Permit be retained at the permittees’ primary place of business for at least 3 years from the date the Notice of Intent is submitted in accordance with Part VI of the permit.

Question 22

What is an Environmental Impact Statement under NEPA?

Answer 22

A federal agency can determine that a Categorical Exclusion (CATEX) does not apply to a proposed action. The federal agency may then prepare an Environmental Assessment (EA). The EA determines whether or not a federal action has the potential to cause significant environmental effects. Each federal agency has adopted its own NEPA procedures for the preparation of EAs. See NEPA procedures adopted by each federal agency.

Generally, the EA includes a brief discussion of:

The purpose and need for the proposed action
Alternatives (as required by section 102(2)(E) of NEPA)
The environmental impacts of the proposed action and alternatives
A listing of agencies and persons consulted.
Based on the EA, the following actions can occur:

If the agency determines that the action will not have significant environmental impacts, the agency will issue a Finding of No Significant Impact (FONSI). A FONSI is a document that presents the reasons why the agency has concluded that there are no significant environmental impacts projected to occur upon implementation of the action.
If the EA determines that the environmental impacts of a proposed Federal action will be significant, an Environmental Impact Statement is prepared.
Environmental Impact Statements (EIS)
Federal agencies prepare an Environmental Impact Statement (EIS) if a proposed major federal action is determined to significantly affect the quality of the human environment. The regulatory requirements for an EIS are more detailed and rigorous than the requirements for an EA.

Summary of the EIS Process
An agency publishes a Notice of Intent in the Federal Register. The Notice of Intent informs the public of the upcoming environmental analysis and describes how the public can become involved in the EIS preparation.

This Notice of Intent starts the scoping process, which is the period in which the federal agency and the public collaborate to define the range of issues and potential alternatives to be addressed in the EIS.

A draft EIS is published for public review and comment for a minimum of 45 days.

Upon close of the comment period, agencies consider all substantive comments and, if necessary, conduct further analyses.

A final EIS is then published, which provides responses to substantive comments.

Publication of the final EIS begins the minimum 30-day “wait period,” in which agencies are generally required to wait 30 days before making a final decision on a proposed action.

EPA publishes a Notice of Availability in the Federal Register, announcing the availability of both draft and final EISs to the public. Find EISs with open comments or wait periods.

The EIS process ends with the issuance of the Record of Decision (ROD). The ROD:
explains the agency’s decision,
describes the alternatives the agency considered, and
discusses the agency’s plans for mitigation and monitoring, if necessary.
What is included in an EIS?
An EIS Includes:

Cover sheet: Includes, among other things,
the name of the lead agency and any cooperating agency
agency contact information
the title of the proposed action and its location
a paragraph abstract of the EIS
the date when comments must be received.
Summary: A summary of the EIS, including the major conclusions, area of disputed issues, and the issues to be resolved.
Table of Contents: Assists the reader in navigating through the EIS.
Purpose and need statement: Explains the reason the agency is proposing the action and what the agency expects to achieve.
Alternatives: Consideration of a reasonable range of alternatives that can accomplish the purpose and need of the proposed action.
Affected environment: Describes the environment of the area to be affected by the alternatives under consideration.
Environmental consequences: A discussion of the environmental effects and their significance.
Submitted alternatives, information, and analyses: A summary that identifies all alternatives, information, and analyses submitted by state, tribal, and local governments and other public commenters for consideration during the scoping process or in developing the final EIS.
List of preparers: A list of the names and qualifications of the persons who were primarily responsible for preparing the EIS.
Appendices (if required): Appendices provide background materials prepared in connection with the EIS.
For a detailed explanation read 40 CFR Part 1502.

When is a supplement to the EIS required?

A supplement to a draft or final EIS is required when any of the following occurs:

An agency makes substantial changes to the proposed action that are relevant to its environmental concerns.
There are significant new circumstances or information relevant to the environmental concerns that have bearing on the proposed action or its impacts.
If an agency decides to supplement its EIS, it prepares, publishes and files the supplemental EIS in the same fashion as a draft or final EIS.

Question 23

What is NEPA?

Answer 23

National Environmental Policy Act

EPA plays a unique role in the National Environmental Policy Act (NEPA) process.

EPA has responsibility to prepare its own NEPA documents for compliance.

EPA is charged under Section 309 of the Clean Air Act to review the environmental impact statements (EIS) of other federal agencies and to comment on the adequacy and the acceptability of the environmental impacts of the proposed action.

EPA also serves as the repository (EIS database) for EISs prepared by federal agencies and provides notice of its availability in the Federal Register.

Question 24

What are the DOT requirements for Retention and Recordkeeping for shipping papers?

Answer 24

Retention and Recordkeeping. Each person who provides a shipping paper must retain a copy of the shipping paper required by § 172.200(a), or an electronic image thereof, that is accessible at or through its principal place of business and must make the shipping paper available, upon request, to an authorized official of a Federal, State, or local government agency at reasonable times and locations. For a hazardous waste, the shipping paper copy must be retained for three years after the material is accepted by the initial carrier. For all other hazardous materials, the shipping paper must be retained for two years after the material is accepted by the initial carrier. Each shipping paper copy must include the date of acceptance by the initial carrier, except that, for rail, vessel, or air shipments, the date on the shipment waybill, airbill, or bill of lading may be used in place of the date of acceptance by the initial carrier. A motor carrier (as defined in § 390.5 of subchapter B of chapter III of subtitle B) using a shipping paper without change for multiple shipments of one or more hazardous materials having the same shipping name and identification number may retain a single copy of the shipping paper, instead of a copy for each shipment made, if the carrier also retains a record of each shipment made, to include shipping name, identification number, quantity transported, and date of shipment.

Question 25

What is Form R under the EPCRA?

Answer 25

Form R is a summary of all emergency and non-emergency releases from a facility in a given calendar year. Also called the Toxic Release Inventory Form.