RPX Exhibit 1013
`RPX v. AIT
`
`

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`U.S. Patent
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`U.S. Patent
`
`Jan. 22, 2002
`
`Sheet 2 of 13
`
`US 6,341,287 B1
`
` 21
`
` IA IDENTIFIES ONE OR MORE
`
`RELEVANT CHANGES ON A NETWORK.
`
`
`USING PRE—DEF|NED RULES
`
`
`E2
`
`
`
` CHANGE DATA,
`
`
`
`CONFIGURATION RECOMMENDATIONS
`AND DEFAULT PARAMETERS
`ARE REPORTED TO SYSTEM
`
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`
`NO
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`REFLECTED IN END USER FUNCTIONISJ FIG. 2
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`CONFIGURATION CHANGEISJ
`
`

`
`U.S. Patent
`
`Jan. 22, 2002
`
`Sheet 3 of 13
`
`US 6,341,287 B1
`
`SIS WURKLIST
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`hasfi
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`validates
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`
`54
`
`FIG. 3
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`

`
`U.S. Patent
`
`Jan. 22, 2002
`
`Sheet 4 of 13
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`US 6,341,287 B1
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`US 6,341,287 B1
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`

`
`U.S. Patent
`
`Jan. 22, 2002
`
`Sheet 8 of 13
`
`US 6,341,287 B1
`
`Change Agent Management Unit Main Menu
`
`Ellireensuite
`FILE
`LDGIO
`DISTRIBUTION
`
`DATA
`
`TOOLS
`
`ADMIN
`
`HELP
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`BUSINESS AREA
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`YOU ARE NOW CONNECTED TO PRODUCT STEWARDSHIP
`
`FIG. 8
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`Pesticide Information
`
`Exit
`
`FIG. 9
`
`

`
`U.S. Patent
`
`Jan. 22, 2002
`
`Sheet 9 of 13
`
`US 6,341,287 B1
`
`CI Wurklist
`
`EIIEI
`
`]Hazardeus Materials and WasteET|
`Business Area;
`Group: Waste Manaement
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`Search:—
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`ENTER IAIASTE STREAM
`ENTER WASTE STREAM SOURCE COOES
`1] ENTER WASTE STREAM EPA NUMBERS
`ENTER WASTE STREAM STATE NUMBER
`j
`
`MODULE TYPE
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`HAZARDOUS WASTE PIIIIFILE
`WASTE PROFILE RCRA SOURCE CODE
`WASTE PROFILE EPA NUMBERS
`WASTE PROFILE STATE NUMBERS
`
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`
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`Group; Waste Manaement
`Wsrklist Name; Isa: Up Waste Stream Data
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`
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`HAZARDOUS WASTE PROFILE
`
`WASTE PROFILE RCRA SOURCE CODES
`
`WASTE PROFILE EPA NUMBERS
`
`4 FORM
`
`WASTE PROFILE STATE NUMBERS
`
`

`
`U.S. Patent
`
`Jan. 22,2002
`
`Sheet 10 of 13
`
`US 6,341,287 B1
`
`IZIIEI
`III Data Entry Form - Air Emission Amount
`MOW‘El
`Material Cr Chemical Volatile Cranio Compounds E
`Estimation Basis Estimate Based on we Emission Factors
`
`
`
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`FIG. 12
`
`CI Edit Form: Table Selection
`
`Form Name
`Table Name AIR EMISSION AMOUNTEI |:
`
`Available Fields
`
`Selected Fields
`
`AIR PARAMETER
`
`AIR PARAMETER2
`USERCOL2
`USERCOL3
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`USERCOL4
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`ID
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`FACILITY
`SOURCE LOCATION
`SOURCE CATEGORY
`
`SOURCE PROCESS
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`
`SOURCE EOUIPIVIENT UNIT
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`SOURCE PERMITTED UNIT H
`
`FORM PROPERTIES
`
`LINK TO ITEM PROPERTIES FORMULA DISPLAY
`Cancel
`
`

`
`U.S. Patent
`
`Jan. 22, 2002
`
`Sheet 11 of 13
`
`US 6,341,287 B1
`
`C1 Flepnrt printing
`
`AIR EMlSSlUN FEES
`
`RUN DATE
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`FEE YEAR
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`
`FIG. 15
`
`

`
`U.S. Patent
`
`Jan. 22, 2002
`
`Sheet 12 of 13
`
`US 6,341,287 B1
`
`ENE]
`El Run Proes Results
`Process ENRMERIAL sPILA BLE QUANTITY
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`INCIDENTHDATE lJCAT|UN_NAME CAS_NUMBEFl MATEFl|AL_NAME QUANTITY
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`FIG. 17
`
`

`
`U.S. Patent
`
`Jan. 22, 2002
`
`Shcet13 of 13
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`US 6,341,287 B1
`
`C1 Document - Preview
`
`Select Page within Record
`
`Select Record
`
`Navigate Record
`
`Total Records
`
`DPTIDNAL INFORMATION
`SHIPPER
`
`Document Non-Hazardous Waste label
`
`5 SHOW GRID
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`SHOW FIELDS
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`

`
`US 6,341,287 B1
`
`1
`INTEGRATED CHANGE MANAGEMENT
`UNIT
`
`FIELD OF THE INVENTION
`
`This invention relates to the integrated management of
`information alfected by regulatory changes, such as changes
`in environmental, health and safety laws, and non—regulatory
`changes.
`
`BACKGROUND 01: THE INVENTION
`
`5
`
`ill
`
`2
`substance or narrow class of such materials, have been
`applied for more than a century. In 1866, a federal
`law
`regulating transportation and storage of explosive and flam-
`mable materials was promulgated. This was followed in
`1899, 1910, 1938, 1944 and 1947 by passage of the Refuse
`Act, the first Insecticide Act, the Food, Drug and Cosmetic
`Act,
`the Safe Drinking Water Act, and the Insecticide,
`Fungicide and Rodenticide Act, respectively. In 1955 and
`1966, the Clean Air Act and the Federal I-Iazardotts Sub-
`stances Act appeared, respectively. Since 1969, the pace of
`introduction of new laws regulating hazardous substances
`has increased, and approximately 15 new major federal laws
`and voluminous regulations have been introduced in this
`area. These laws often have overlapping jurisdiction and are
`not always consistent with one another. Several states, such
`as California, have passed their own hazardous substance
`laws before the corresponding federal hazardous substance
`laws were adopted. These laws still apply in those states and
`in many cases supersede their Federal counterparts. These
`laws statutes, ordinances, regulations and related constraints
`are constantly changing and require corresponding changes
`in data entry, data analysis and presentation of the results.
`The Safe Drinking Water Act
`(“SDWA"}, originally
`passed in 1944 and amended several times since then, covers
`all drinking water supplies in all states. Primary standards,
`to prevent adverse effects on human health, and secondary
`standards and covering certain aesthetic effects such as odor
`and turbidity of processed drinking water, are set down in
`terms of maximum permissible concentrations of specified
`contaminants in water delivered to any public drinking water
`system. From a regulatory standpoint, SDWA falls under the
`broader mandate of the Clean Water Act (“CWA”), whose
`ultimate goal is maintenance of the “chemical, physical, and
`biological integrity of the nation’s waters."
`CWA, with its most recent amendment, the Water Quality
`Act (“WQA”) of 1987, establishes mandatory effluent limi-
`tation guidelines for all facilities which discharge waste into
`water bodies, or allow waste to enter and potentially con-
`taminate subsurface water sources, like aquifers. CWA cre-
`ated the National Pollutant Discharge Elimination System
`(“NI-’DES”)
`to regulate efl]uents,
`influents (waterborne
`wastes received by a treatment facility) and sludge. The
`primary enforcement mechanism of NPDES is the NPDES
`permit. CWA directs control authorities at the federal and
`state level
`to administer and enforce permit compliance.
`NPDES permits include terms and conditions ranging from
`required monitoring of point source discharges to the imple-
`mentation of control technologies to minimize outfall.
`The Clean Air Act ("CAA"), passed in 1955 and amended
`several times since that time (most recently. in 1990), covers
`emission of pollutants into the ambient air and atmosphere.
`This may include hazardous wastes that are liquid or gas»
`eous when discharge occurs. National Ambient Air Quality
`Standards (“NAAQSs”) are set forth for seven chemicals or
`chemical groups: SOX, CO, NOX, ()3, Pb, hydrocarbons and
`total suspended particulates. Additionally, emission stan-
`dards are set forth for asbestos, beryllium, mercury and vinyl
`chloride. Primary Standards are set forth to protect human
`health, and Secondary Standards are set to protect or limit
`damage to other entities, such as flora, fauna and personal
`and real property. The federal government in effect delegates
`responsibility to achieve these standards to the individual
`states, which are required to present and implement State
`Implementation Plans to achieve the target air quality stan-
`dards in various identified air basins in the states.
`
`The primary enforcement mechanism ofCA/\is the CAA
`permit. Permits covering emission source construction.
`
`15
`
`_
`
`Control of industrial and commercial activities by means
`of federal, state and local
`laws, statutes, ordinances and
`regulations ("regu]ations" herein) is endemic in the United
`States. Examples of activities that are regulated by such
`regulations include: environmental health and safety
`(“EH&S"; Titles 7, 10, 29, 30, 40, 43 and 49 of the Code of
`Federal Regulations and related state and local codes);
`administrative procedures applicable to government person-
`nel (Title 5); agricultural activities {Titles 7 and 9); creation,
`use, treatment and disposal of nuclear materials (Title 10);
`conversion and distribution of usable forms of energy, power
`and water Titles 10 and 18); banking, financial and securities
`activities and foreign trade (Titles 12, 15, 16, 19 and 22);
`space and aeronautical activities {Title 14); commercial
`trade practices (Title 16); food, drugs, cosmetics, medical _
`treatments and devices (“F-IDCMTD”; Title 21); transporta-
`tion of persons and cargo (Titles 23 and 49); housing and
`urban development (Title 24}; firearms production and trade
`(Title 27); workers compensation (Title 29); mining and
`related activities (Title 30); national defense activities (Titles
`15 and 32); navigation and navigable waters (Title 33);
`education (Title 34); activities in and on parks, forests,
`public lands and other public property {Titles 36 and 43);
`intellectual property activities (Title 37); veterans’ pensions
`and relief (Title 38); postal service activities (Title 39);
`public contracts and public property management (Titles 41
`and 48); public health (Title 42); emergency management
`and assistance (Title (44); grant of public welfare and
`assistance {Title 45); telecommunications {Title 4?‘); and
`wildlife and fisheries activities (Title 50). Some of the most
`pervasive regulations concern IEI 1&8 and F DC MTD activi-
`ties.
`Generation and use of hazardous substances in the United
`States has grown steadily in the last 53 years and is now
`estimated to be over 300 million metric tons per year.
`According to one definition, a “hazardous substance" is any
`substance or mixture of substances that may cause substan-
`tial personal
`injury or substantial
`illness during or as a
`proximate result of any customary or reasonably foreseeable
`handling or use, including reasonably foreseeable ingestion
`by children, if the substance: (1) is a toxic agent or repro-
`ductive toxin; (2) is corrosive; (3) is an irritant; (4) is a
`strong sensitizer; (5) is flammable, combustible or explo-
`sive; (6) is pyrophoric; (7) is a carcinogen, hepatotoxin,
`nephrotoxin or neurotoxirt; (8) is an agent that acts on the
`hernatopoietic system; (9) is an agent
`that damages the
`lungs, skin, eyes or mucous membranes; (10) is a com-
`pressed gas; (11) is an organic peroxide; (12) is an oxidizer;
`(13) is unstable, reactive or water-reactive; (I4) generates
`pressure through decomposition, heat or other means; ( 15) is
`sutficiently radioactive to require labeling as such; (16) is a
`toy or other article intended for use by children and presents
`an electrical, mechanical or thermal hazard; or (17)
`is
`specially listed as a hazardous substance by a state or federal
`agency having jurisdiction over such substances.
`At the federal level, special purpose hazardous substance
`laws and regulations, focusing on a particular hazardous
`
`30
`
`35
`
`40
`
`45
`
`50
`
`55
`
`60
`
`65
`
`

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`US 6,341,287 B1
`
`ill
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`15
`
`30
`
`35
`
`40
`
`3
`modification, and operation follow the NPDES scheme,
`adopting strict measures for controlling and reducing emis-
`sions of airborne waste at the source. CAA permits include
`terms and conditions ranging from the application of abate-
`ment devices and other control technologies for emission
`reduction.
`to required monitoring at all source emission
`point sources and non-point sources (i.e., fugitive emission
`locations). Permits based on economic incentive strategies,
`such as marketable emission allowances, were added to the
`federal regulatory program maze under the 1990 amend-
`menLs. Although these additions were intended to stimulate
`compliance via market-based vehicles [like emission allow-
`ance futures trading), these permits have not, as yet, been
`broadly implemented.
`The Toxic Substances Control Act (“'l‘SCA”), originally
`passed in 1965, together with the Federal Hazardous Sub-
`stances Act (“l7l'ISA") passed in 1966 and the Resource
`Recovery Act (“RR/V) passed in 1970, were the initial
`federal laws governing generation and handling of toxic and
`other hazardous substances. Most provisions of the RRA and .
`the FHSA have been incorporated in the Resource Conscr-
`vation and Recovery Act, discussed below. Under TSCA, the
`Environmental Protection Agency (“E,P.A.") reviews any
`chemical substance that is or will be produced in suflicient
`quantity that it may cause significant acute or chronic human _
`exposure. Testing is performed with respect to human health
`and the environment and focuses particularly on possible
`risk of serious harm to humans from (1) cancer, (2) genetic
`mutations and (3) birth defects. if the EPA finds that the risk
`to human health or to the environment is sufficiently great,
`the EPA may: (1) limit the amount of the chemical to be
`manufactured or used; {2} prohibit a particular use;
`(3)
`require placement of warning labels on all containers of the
`chemical; (4) require placement of public notices of use; and
`(S) regulate commercial use andior disposal of the chemical.
`Any person, including a company. that manufactures or
`imports more than 10,000 pounds or more of a chemical
`named on an E..P.A. Chemical Substances Inventory List is
`subject to the reporting requirements under TSCA. These
`reporting requirements include: (1) updating of a list of all
`chemicals present on a site, at four-year intervals or more
`frequently;
`(2) submission {to the E.P.A.) of a Pre-
`manufacture Notice and relevant
`test data for any new
`chemical. at least 90 days before manufacturing or import-
`ing the chemical; (3) submission of a Notice Of Intent To
`Import or To Export a listed chemical, within seven days
`after entering into a contract
`to import or export
`the
`chemical, if the chemical is knowrt to be mutagenic, terato-
`genic or carcinogenic or is known to cause chronic health or
`environmental problerns; (4) reporting of a significant new
`use for a chemical already on the I:'.l’.A. list; (5) reporting of
`known significant adverse reactions caused by handling or
`discharge of any chemical used by the reporting entity; (6)
`submission of any unpublished health andr'or safety studies
`on certain chemicals used by the reporting entity; (7) noti-
`tlcation of any substantial risk of injury to human health or
`the environment, due within 15 days after the reporting
`entity first receives information on the risk; (8) submission
`of information on [Jtoduction of, use of and exposure to
`certain chemicals to an lnteragency Testing Committee for
`analysis by the Committee; (9) submission of specified
`comprehensive information on a
`fixed format
`reporting
`form; (10) submission of results of tests, if any, performed
`by the reporting entity on certain hepta-halogenated
`dibenzo-p-dioxins and dllJE}f17Dfl1J'flIlS. within 90 days after a
`test, if a positive result is obtained; and (11) submission of
`a Notification of PCB Activity form by any storer. trans-
`
`45
`
`50
`
`55
`
`60
`
`65
`
`4
`porter or disposer of polychlorinated biphenyl (“PCl3")
`waste. TSCA also sets forth certain requirements for labeling
`of, disposal of and recordkeeping for certain chemicals, such
`as PCBS.
`
`("OSHA"),
`The Occupational Safety and Health Act
`passed in 1970. covers the conditions under which employ-
`ees work. 'lhc regulations issued under OSHA make this Act
`among the most detailed of all workplace laws. The relevant
`parts of OSHA prescribe standards for the protection and
`welfare of employees exposed to workplace hazards. An
`employer must establish a written hazard communication
`plan to advise its employees of hazards associated with
`chemicals the employees handle, and incorporate into this
`plan the use of container labels, warning signs, Material
`Safety Data Sheets (“MSDSs") and training programs. 'Ihe
`centerpiece of the OSHA Hazard Communication Standard
`is the MSDS, required for each hazardous substance manu-
`factured or used on the site. The MSDS includes all relevant
`information pertaining to a hazardous substance, from its
`ingredients to physical properties, health hazards, exposure
`limits, storage incompatibilities, safe handling and use pre-
`cautions and much more. An employer must report, within
`48 hours, any incident
`that
`results in a
`fatality, or
`in
`hospitalization of five or more employees. 'Ihe OSI-IA Log
`and Summary of Occupational Injuries and Illnesses form is
`used to record all work-related injuries and illnesses for each
`calendar year. Many such records must be maintained by the
`employer for the duration of employment of an employee,
`plus 30 years. An employer must develop and implement a
`written emergency plan and make the plan available in the
`workplace, whenever an OSHA standard requires it. An
`employer must also develop and implement a written safety
`and health program and a medical surveillance program for
`employees involved in hazardous waste operations, includv
`irtg emergency response procedures.
`The Occupational Health and Safety Administration
`(“0.S.H.A.") under
`the Department of Labor (D.0.L.)
`develops and enforces all OSHA standards. The O.S.Il.A.
`primary enforcement activity is the inspection, or audit
`procedure. Facilities covered by one or more OSIIA stan-
`dard are subject to voluntary {routine} inspections, as well as
`non-voluntary inspections based on a warrant to Search.
`The Hazardous Materials Transportation Act (“HMT "),
`passed in 1974, is administered jointly by the Department of
`Trartsportation (“D.0.']‘."), established in 1966, and the
`E.I-’.A., established in 1969. The IIMTA sets forth 15 hazard
`classes of materials (e.g.,
`flammable liquids. high
`explosives, poisons) plus five classes of "other regulated
`materials” and sets forth laws and corresponding regulations
`on: (1) identification,
`listing,
`labeling and placarding of
`these hazardous substances; (2) recordkceping requirements
`for handling these hazardous substances, including Uniform
`Hazardous Material Manifests for shipment of hazardous
`wastes; (3) requirements for generators and transporters of
`hazardous substances and for owners and operators of
`specially defined treatment, storage and disposal facilities
`(“TSDFs”) for these hazardous substances; (4) permit and
`pre-transport notification requirements and transportation
`routing for all
`facilities that generate or transport
`these
`hazardous substances; (5)
`requirements for tracking the
`movement of these hazardous substances; (6) containers to
`be used for transport; (7) incident notification and other
`procedures for handling and reporting accidental and intert-
`tional discharges of hazardous substances; and (8) testing
`and standards for operators of transport vehicles for hazard-
`ous substances. Hazardous wastes and other hazardous sub-
`
`stances are not distinguished under the HMTA. A “genera-
`
`

`
`US 6,341,287 B1
`
`5
`tor” of a hazardous waste is defined simply as “any person
`whose act first causes a hazardous waste to become subject
`to regulation". Transportation modes covered include move-
`ment of the hazardous substance by air, rail, water and
`highway. The [).().T. is authorized to inspect generator and
`transporter facilities, vehicles and records to insure compli-
`ance.
`
`The Resource Conservation and Recovery Act (“RCRA”),
`passed in the present form in 1976, was originally part of the
`Clean Air Act, passed in 1966. The RCRA establishes
`“cradle-to-grave" responsibility for hazardous solid waste
`handled by a generator, by a TSDF operator, or by a
`hazardous waste transporter or recycler. Under RCRA, a
`solid waste is a "hazardous waste", if: (1) the waste arises
`from specified manufacturing practices; (2) the waste is one
`of a group of specified wastes; (3) the waste contains any of
`a group of specified chemicals; or (4) the waste has specified
`toxicity, chemical reactivity, ignitability or corrosive char-
`acteristics. llousehold wastes are generally exempted from
`RCRA coverage. Generators of more than 1,000 kilograms
`per month of ordinary hazardous wastes or of more than .1
`kgm per month of extremely hazardous waste must operate
`under a RCRA permit covcri rig registration, container
`labeling,
`rccordkeeping and other
`requirements. "Small
`quantity generators", who generate l(t0—1,UOU kgms per
`month of hazardous wastes and no more than 1 kgm per
`month ofextremely hazardous wastes, are covered by sim-
`pler requirements. Generators of still smaller amounts of the
`hazardous wastes or the extremely hazardous wastes are
`often exempt from regulation under RCRA.
`The goals of RCRA include: (1) protecting the health,
`safety and environment of the public; (2) regulating the
`generation,
`treatment, disposal and storage of hazardous
`wastes; (3) reducing environmental pollution from waste
`disposal; (4) encouraging recycling andior re-um of haza rd-
`ous wastes; and (S) eliminating certain landfill and other
`solid waste disposal practices. A Notification of Hazardous
`Waste Activity must be submitted by a generator, transporter
`or operator of a hazardous waste TSDF to apply for an
`l;'.t’.A. identification number and for any applicable E.P.A.
`permits for on-site treatment, storage or disposal. Hazardous
`waste generators are required to conduct their own studies to
`determine if a specific hazardous waste can he treated to
`reduce its volu me or toxicity, with records of such studies
`being submitted each year to the E.P.A. and being main-
`tained for three years.
`A Uniform Hazardous Waste Manifest, developed by the
`E.P.A. under RCRA and under I-IMTA, must be used by
`persons who transport hazardous waste for off-site
`treatment, storage or disposal, and a copy of each Manifest
`must be maintained as part of a facility’s operating record.
`Owners or operators of a TSDF who receive hazardous
`waste without a proper Manifest must submit an Unautho-
`rized Waste Report to the E.t’.A. within 15 days after such
`an incident occurs. Upon closure of a hazardous waste
`facility,
`records of hazardous waste disposal and the
`amounts thereof must be submitted to the E.P.A. and to local
`land use control authorities.
`
`A hazardous waste generator must demonstrate that it has
`the financial ability to cover liability claims involving sud-
`den or nonsuddcn discharges from the facility. An owner or
`operator must monitor and inspect all on-site tanks that treat
`or accumulate hazardous waste. A spill or other discharge
`must be reported to the National Response Center
`(“N.R.C.") within 24 hours after the incident occurs, and a
`detailed report on such incident must he submitted to the
`E.P.A. within 30 days after the incident. RCRA is enforced
`concurrently with applicable state statutes.
`
`6
`The Comprehensive Environmental Response, Compen-
`sation and Liability Act (“CERCL/\") was passed in 1980 in
`response to the discovery of several hazardous waste dis-
`posal sitcs that would have to be cleaned up at government
`expense. CERCLA was intended to: (1) provide a system for
`identifying and cleaning up chemical and hazardous sub-
`stance releases; (2) establish a fund to pay for cleanup of
`release sites, where those responsible cannot or will not pay
`for the cleanup; and (3) enable the federal government to
`collect the costs of cleanup from the responsible parties. 'Il'1e
`federal government set aside SL8 billion in the first Super-
`fund for hazardous waste site clean-up purposes. C'ERCI..A
`includes on its hazardous substance list all hazardous wastes
`under RCRA, all hazardous air pollutants regulated under
`the CAA, all water pollutants regulated under the CWA, and
`most substances regulated under TSCA.
`In 1986, the Superfund Amendments and Rcauthorization
`Act ("SARA") added another $6.2 billion to the Superfund
`for clean-up purposes SARA also enacted Community-
`Right-to-Know requirements into law. Title III of SARA
`contains the Community Right-to-Know requirements and
`provides for: (1) Emergency Response Planning; (2) Acci-
`dental Release Notification; (3) Facility Hazardous Sub-
`stance lnventory Reporting; and (4) Facility Toxic Suh-
`stance Release Reporting.
`Sections 301-303 of Title III enacted the requirement for
`Emergency Response Planning. Emergency Response Plan-
`ning as enacted by SARA. required the creation of commit-
`tees at both State {State Emergency Response Committee, or
`S.E,R.C.} and Local
`(Local Emergency Planning
`Committee, or I..E.P.C.) levels. Ownerioperators of facilities
`with specified hazardous substances on site in quantities in
`excess of specified thresholds are required to prepare and
`submit Emergency Response Plans to the L.l:1.P.C. having
`jurisdiction over the facility. Elements of the facility Emer-
`gency Rcsponse Plan include: (1) identification of Emer-
`gency Response procedures to be used for action on the site
`and for areas surrounding the site; (2) identification of a
`facility coordinator for implementing the plan; (3) proce-
`dures to be used during emergencies for notifying authorities
`and potentially affected parties; (4) methodology for deter-
`mination when a release has occurred and the probable area
`and population at risk; and (5) description of Emergency
`Response assets that are in place as well as the contact point
`for the Emergency Response assets.
`Section 304 of Title III requires preparation and filing of
`an Accidental Release Notification report whenever an acci-
`dental release of a specified hazardous substance occurs in
`which (1) the substance crosses the facility boundaries or is
`released in transport on public roads, and (2) the release
`amount exceeds specified thresholds. This report must
`address:
`(1) actions taken to contain or respond to the
`release; (2) any known or anticipated acute or chronic health
`risks associated with the release; and (3) advice regarding
`medical attention required for any exposed individuals.
`Section 311 and 312 of Title III provide for facility
`hazardous substance inventory reporting. Facility hazardous
`substance inventory reporting is required if substances for
`which an MSDS is required under OSHA are present
`in
`quantities in excess of specified thresholds. Facilities subject
`to hazardous substances inventory reporting requirements
`must: ( 1) produce a listing of specified hazardous substances
`present at
`the facility or an MSDS for each specified
`hazardous substance; and (2) an emergency and hazardous
`chemicals inventory report
`form. Both reports (listing!
`MSDS and inventory report) must be submitted to the
`following agencies: (1) l..E.P.C.; (2) S.E.R.C.; and (3) local
`Fire department.
`
`ill
`
`15
`
`_
`
`30
`
`35
`
`40
`
`45
`
`50
`
`55
`
`60
`
`65
`
`

`
`US 6,341,287 B1
`
`7
`Section 313 of Title III requires the E.P./\. to establish an
`inventory of toxic chemical emissions from certain facilities.
`To do so,
`the E.P.A.
`requires owners and operators of
`facilities that manufacture, import, process, or use specified
`toxic chemicals to report annually their releases of those
`chemicals to any environmental media. Releases to air,
`water, and land, and releases to oI]"-site locations such as
`publicly owned treatment works or hazardous waste disposal
`sites, must be estimated and reported under Section 313.
`Both routine and accidental
`releases must he reported.
`Facilities must report even if their releases comply with all
`environmental laws and permits.
`The Pollution Prevention Act (“PP "), passed in 1990,
`requires hazardous waste generators and other similar facili-
`ties that manufacture, import, process or otherwise use listed
`toxic chemicals to annually report releases of any of these
`chemicals to any environmental medium (atmosphere,
`water, soil and biota). For each listed chemical
`that
`is
`reported, the generator must provide: (1) the quantity of the
`chemical that
`is released (before recycling,
`treatment or
`disposal} into a waste stream and the change, if any, from
`release in the preceding year;
`(2)
`the quantity of the
`chemical, if any, that is recycled or treated at the facility or
`elsewhere, the percentage change from the preceding year
`and the mcthod(s) of recycling or treatment used; (3) the _
`source reduction practices adopted by the generator and the
`quantitative method(s} used to monitor these practices. with
`these practices being reported in the categories of (a)
`equipment, technology, process or procedure modifications,
`(b) reformulation or redesign of the products, (c) substitu-
`tion of input materials and (d) improvement in management,
`training,
`inventory control, materials handling or other
`administra