Transcript Emergency Planning and Community Right-to

Emergency Planning and
Community Right-to-Know Act
(EPCRA)
Overview
Signed into law on October 17, 1986
 Often referred to as Title III of the
Superfund Amendments Reauthorization
Act (SARA) of 1986
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Goals
To provide the public access to
information concerning hazardous
chemicals present in the community
 To use this information in order to adopt
local emergency response plans in the
event of a hazardous chemical release
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Subtitles/Subchapters
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Subchapter I:
Emergency Response Planning
 Emergency Release Notification
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Subchapter II:
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Reporting Requirements
Subchapter III:
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General provisions (e.g., trade secret
protection, enforcement, public availability
of information, etc.)
Subchapter I: Requirements
Governor is required to appoint a State
Emergency Response Commission
(SERC)
 The SERC must appoint and organize
activities of local emergency planning
committees (LEPCs)
Pennsylvania Emergency Management
Agency
Allegheny County Emergency Services
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Subchapter I: LEPC
Responsibilities
Develop an emergency response plan
 Evaluate available resources for
preparing for and responding to a
potential chemical incident
 Establish rules, give public notice of
activities, establish procedures for
handing public requests for information,
and allow public comment on the plan
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Subchapter I: Substances Covered
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A facility must engage in emergency planning based
on the presence of an extremely hazardous substance
ONLY if that substance exists at the facility in an
amount exceeding its threshold planning quantity
(TPQ)
40 CFR Part 355
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Owner/operator must provide notice to SERC that the
facility is governed by emergency planning
requirements within 60 days. They must also appoint
an emergency response coordinator and notify the
LEPC of that person’s identity
Subchapter I: Emergency
Response Plans
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Each LEPC is required to prepare and annually
update an emergency plan
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ID of facilities covered; ID of routes likely to be used to
transport extremely hazardous substances; and ID of
facilities contributing to or subjected to additional risk
Procedures to be followed in responding to a
release
 Designation of a community emergency
coordinator and facility emergency coordinators
 Procedures for notification when a release has
occurred
Subchapter I: Emergency
Response Plans (cont.)
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Methods for determining the occurrence of a
release and the likely affected area or
population
ID of emergency equipment available in the
community and at covered facilities
Evacuation plans
Training programs
Schedules for exercising emergency plan
Subchapter I: Emergency
Notification
What is a release?
 A facility must meet reporting
requirements if the release is:
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Of an extremely hazardous substance in
excess of its EPCRA reportable quantity
 Of a hazardous substance as defined by
CERCLA in excess of its reportable quantity
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Subchapter I: Emergency
Notification (cont.)
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Notification must include:
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Chemical name of release
Whether chemical is extremely hazardous
Estimate of quantity released
Time and duration of release
Medium into which the release occurred
Precautions to be taken as a result of the release
Names and phone numbers of persons to be
contacted for further information
Subchapter I: Emergency
Notification (cont.)
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Follow-up emergency notice
Known or anticipated acute or chronic
health risks
 Actions taken to contain/respond to release
 Where appropriate, advice regarding
medical attention required for those
exposed
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Subchapter I: Violations
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Up to $27,500 for each violation
 For continuing violations:
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Up to $27,500 /day/violation for a first violation
Up to $82,500 per day/violation for a second
violation
For knowing and willful failure to provide
emergency notice of a release may result in
criminal penalties of up to $25,000 and/or two
years imprisonment. Increases to $50,000
and/or five years for a second
Subchapter II: MSDS Reporting
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Owners/operators are required to submit to
SEPC, LEPC, and local fire department the
MSDS or list of MSDS’s.
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Extremely hazardous chemical –MSDS required if
substance is present at the facility at any one time
in an amount ≥ 500 pounds otherwise the threshold
planning quantity for that chemical, which ever is
less.
Hazardous chemical- - MSDS required if substance
present at the facility at any one time in an amount
≥ 10,000 pounds
Subchapter II: Inventory Reporting
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Requires facilities that accumulate specified
quantities of hazardous or extremely
hazardous substances on site to submit
hazardous chemical inventory forms (due
March 1, annually)
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Tier I – provides information on the maximum and
avg. daily amounts and general location of
hazardous chemicals at facility.
Tier II – name, estimated maximum amount
present, estimated average daily amount,
description of manner of storage, location at facility,
etc.
Subchapter II: Release Reporting
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Owners/operators must submit an EPA Form R report
summarizing any releases of certain toxic chemicals
into the environment
Reports submitted annually
Includes information such as:
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Name, location and type of business
Range estimate of max. amount of toxic chemical present at
any time during the preceding year
Amount of toxic chemical annually released
Off-site locations where facility transfers chemicals
Waste treatment or disposal methods
40 CFR 372.65 Toxic Chemicals
Subchapter III: General provisions
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Trade secrets –May withhold a specific
chemical’s identity if it constitutes a trade
secret. However, a generic class must
be provided.
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Exception: where it is necessary for
diagnosis or treatment of an individual by a
health professional
Public access to information