The Legacy of the Bhopal Gas Tragedy
As we wrapped up the Toxic Release Inventory (Form R) reporting for the year, curiosity got me as to how this program came about. So, I decided to refresh my memory and dive back into my college years during which I studied Environmental Management at Indiana University.
The Environmental Protection Agency (EPA) has a great website filled with amazing resources and content. However, in looking for detailed information on the history of a specific regulation, they tend to provide only a summary -- presumably to allow space for more current resources.
This is the EPA version of how TRI came to be:
On December 2, 1984, a cloud of extremely toxic methyl isocyanate gas escaped from a Union Carbide Chemical plant in Bhopal, India. Thousands of people died that night in what is widely considered to be the worst industrial disaster in history. Thousands more died later as a result of their exposure, and survivors continue to suffer from permanent disabilities.
The incident raised public concern about toxic chemical storage, releases, and emergency response. It led to the passage of the Emergency Planning and Community Right-to-Know Act (EPCRA) under the 1986 Superfund Amendments and Reauthorization Act. Section 313 of EPCRA established the Toxics Release Inventory.
Boom! There you have it…explained, right? Yeah, not so much.
Here’s the more detailed -- but not too wordy -- version of what happened… But, before I get into the aftermath of this catastrophic event, let’s discuss what led to it.
When the facility was built in Bhopal (in the 1970s), the site was zoned for light industrial and commercial use, not for the hazardous industry, as the plant was approved only for the formulation of pesticides. MIC was only to be imported in small quantities. However, pressure from competitors in the chemical industry led to the manufacture of raw materials and intermediate products for the formulation of the final product. This was inherently a more hazardous process.
By the early 1980s, the plant had significantly reduced production due to a decrease in demand for pesticides. Local managers of the UCIL plant were instructed to close the plant in preparation for sale in the summer of 1984. When no buyer was found, UCIL made plans to dismantle key production units. All the while, “the facility continued to operate with safety equipment and procedures far below the standards found in its sister plant in Institute, West Virginia.” It seems the local government was aware of the safety issues but hesitant to place burdens on the struggling industry at risk of losing the economic gains afforded by such a large employer
“The vent-gas scrubber, a safety device designed to neutralize toxic discharge from the MIC system, had been turned off three weeks prior. Apparently, a faulty valve had allowed one ton of water for cleaning internal pipes to mix with forty tons of MIC. A 30-ton refrigeration unit that normally served as a safety component to cool the MIC storage tank had been drained of its coolant for use in another part of the plant. Pressure and heat from the vigorous exothermic reaction in the tank continued to build. The gas flare safety system was out of action and had been for three months.”
On Sunday, December 2, the 100 workers on the late shift at the Union Carbide India Limited (UCIL) facility in Bhopal, India were in the process of making the pesticide Sevin. This involved mixing carbon tetrachloride, methyl isocyanate (MIC), and alpha-naphthol.
While most of the one million residents of Bhopal slept, at 11:00 p.m. a plant operator noticed a small leak of MIC gas and increasing pressure inside a storage tank.
Around 1:00 a.m. on December 3, 1984, more than 40 tons of methyl isocyanate gas leaked from the pesticide plant. Within hours, an estimated 3,800 people perished, and the final death toll is estimated to be between 15,000 and 20,000 which includes premature deaths reported during the two decades following the disaster.
In a settlement mediated by the Indian Supreme Court, Union Carbide Corporation accepted moral responsibility and agreed to pay $470 million to the Indian government to be distributed to claimants as a full and final settlement. By the end of October 2014, according to the Bhopal Gas Tragedy Relief and Rehabilitation Department, compensation (~$486,101,760) had been awarded to 574,366 people (dependents of the deceased, seriously injured, permanently disabled, cancer and kidney patients, and temporally disabled people). This averages out to approximately $846.33 per person.
This disaster cast a spotlight on the urgent need for enforceable international standards for environmental safety, preventative strategies to avoid similar accidents, and help ensure industrial disaster preparedness.
Enter the Emergency Planning and Community Right to Know Act (EPCRA) and Toxic Release Inventory (TRI).
TRI tracks the management of certain toxic chemicals that may pose a threat to human health and the environment. U.S. facilities in different industry sectors must report annually how much of each chemical is released to the environment and/or managed through recycling, energy recovery, and treatment. (A "release" of a chemical means that it is emitted to the air or water, or placed in some type of land disposal.)
https://www.britannica.com/event/Bhopal-disaster
https://www.epa.gov/toxics-release-inventory-tri-program/what-toxics-release-inventory
https://ehjournal.biomedcentral.com/articles/10.1186/1476-069X-4-6
https://www.history.com/this-day-in-history/explosion-kills-2000-at-pesticide-plant
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Indiana Facilities: Additional Filing Step for Tier II Required
Submission of Tier II form is required under Section 312 of the Emergency Planning and Community
Right-to-Know Act of 1986 (EPCRA) is due annually by March 1st. The purpose of the form is to provide State, local officials, and the public with specific information on potential hazards including the locations and amount, of hazardous chemicals present at facilities during the previous calendar year.
For Indiana facilities that report at least one extremely hazardous substance (EHS), an additional step in the filing process will be implemented for reporting year 2022. The EHS list identifies chemicals that could cause serious irreversible health effects from accidental release. To assist the Local Emergency Planning Committees (LEPCs) in development of their hazardous materials response plans, facilities will be asked[CL1] to complete six required inquiries on the Tier II.
Type(s) of common transportation routes for EHS chemicals to and from facility.
Process for Shelter in Place and/or Evacuation of Onsite and Off-Site populations
Process for Alerting/Warning the Public and Special Facilities
How many individuals trained in emergency response and what are their respective training levels/capabilities?
List the equipment or resources available for hazardous materials response at the facility
Provide the name, title and contact information for the individual(s) who has the authority to commit the facility’s resources in time of emergency.
Facilities reporting a pure or a mixture EHS (i.e., lead acid batteries) will be asked to provide response to each question per the Indiana Department of Homeland Security.
If your Indiana facility is contracted with Cornerstone to file Tier II reports, you would have received an email in mid-May with the questionnaire in preparation for these new requirements to be applied to Reporting Year 2022.
If you’re ready to make Cornerstone your Tier II partner, contact us at info@corner-enviro.com
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Are You Prepared for the Tier II Emergency and Hazardous Chemical Inventory Reporting Deadline?
Tier II Emergency and Hazardous Chemical Inventory Reports are due annually on March 1. Since these reports cover materials for the entire previous year, it’s important to continually track the chemicals/products entering and leaving your facility. Maintaining on-site inventory throughout the year will allow for a smooth Tier II reporting season. Don’t let the deadline sneak up on you!
The following is a quick overview of the EPCRA regulation and Tier II reporting:
What is EPCRA?
The Emergency Planning and Community Right-to-Know Act of 1986 was created to help communities plan for chemical emergencies. This regulation requires industry to report on the storage, use, and release of hazardous substances to federal, state, and local governments. EPCRA serves as the governing body for Tier II reporting.
What makes a chemical reportable under Tier II?
Reporting is applicable for any OSHA-hazardous chemical stored on site that exceeds the federal threshold quantity of 10,000 pounds, and any EHS stored in excess of 500 pounds or its threshold planning quantity (TPQ), whichever is less. Exceeding the threshold at any time during the reporting year triggers the reporting requirement. It is also important to note that individual states may have more stringent reporting requirements.
What is an EHS?
The Extremely Hazardous Substance (EHS) list identifies chemicals that could cause serious irreversible health effects as a result of a release. A full list of EHS chemicals can be found on epa.gov.
What storage information is needed to file the Tier II?
Reporting requirements include details of specific location(s) within a subject site where reportable chemicals are stored. In addition, the type of container utilized and exact maximum amount (typically measured in pounds) of hazardous chemicals present at the facility at any one time during the previous calendar year must be reported.
How do I know what reporting requirements exist for my state?
Although each state’s reporting system may vary, any subject facility must file a Tier II report annually with the State, County (LEPC), and local Fire Department. Additional information regarding filing criteria by state, along with associated fees, can be found at https://www.epa.gov/epcra/state-tier-ii-reporting-requirements-and-procedures.
Further Information
With a well-organized system in place, compliance with the Tier II reporting requirements is much easier to achieve. Cornerstone is an industry leader in chemical inventory management, electronic SDS imaging, and software management systems. Our proprietary software (FOUNDATION) combines both EPA and OSHA chemical tracking and reporting functions and provides a foundation for all compliance recordkeeping and reporting. Additionally, we have a team of experts who can assist with Tier II reporting and help keep your hazardous chemical data up to date throughout the year, so you will always be ready for the March 1 deadline.
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Fast Facts About Tier II
By Rachel Powell Tier II Emergency and Hazardous Chemical Inventory Reports, commonly referred to as “Tier II”, is due annually on March 1st. The following is a quick overview of reporting requirements.
What is EPCRA?
The Emergency Planning and Community Right-to-Know Act 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 has four major provisions and serves as the governing body for Tier II reporting.
What makes a chemical reportable under Tier II?
Any OSHA-hazardous chemical stored over the federal threshold quantity of 10,000 pounds or more and any extremely hazardous substance (EHS) stored in quantities of 500 pounds or its threshold planning quantity (TPQ), whichever is less. Individual states may have more stringent reporting requirements. Exceeding the threshold at any time during the reporting year triggers the reporting requirement.
What are EHS chemicals?
EPA has designated EHS chemicals as those which could cause serious irreversible health effects from accidental releases. A full list of EHS chemicals can be found on epa.gov.
What storage information is needed to file the Tier II?
Reporting requirements include a section that lists specific location(s) within a facility where reportable chemicals are stored. In addition, the type of container being utilized and exact maximum amount (usually measured in pounds) of hazardous chemicals present at a facility at any one time during the previous calendar year must be reported.
How do I know what reporting requirements exist for my state?
Although each state’s reporting system can vary, Tier II reports must be filed annually with the State, County (LEPC) and local Fire Department. Additional information regarding filing criteria by state, including what fees are associated, can be found at https://www.epa.gov/epcra/state-tier-ii-reporting-requirements-and-procedures.
How can I prepare for this next year?
Don’t let the March 1 annual Tier II reporting deadline sneak up. Since the spring deadline covers materials for the previous calendar year, it’s important to track all chemicals/products that enter and leave your facility on an ongoing basis. Maintaining on-site inventory throughout the year will allow for a smooth Tier II reporting season.For the past seven years Rachel Powell has served as a Chemical Data Management Specialist at Cornerstone. She assists clients in setting up and maintaining their Safety Data Sheet Foundation System. On a monthly basis she serves as a facilitator who trains new users. She serves as a Tier II Emergency and Chemical Report filer for our clients on an annual basis.