Emergency Planning and Community Right-to-Know Act

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Emergency Planning and Community Right-to-Know Act

• (EPCRA)

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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

• Subchapter I
• Emergency Response Planning
• Emergency Release Notification
• Subchapter II
• Reporting Requirements
• Subchapter III
• General provisions (e.g., trade secret
  protection, enforcement, public availability of
  information, etc.)

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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

• 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
• 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 persons identity

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Subchapter I Emergency Response Plans

• Each LEPC is required to prepare and annually
  update an emergency plan
• 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

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Subchapter I Emergency Response Plans (cont.)

• 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

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Subchapter I Emergency Notification

• What is a release?
• A facility must meet reporting requirements if
  the release is
• 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.)

• Notification must include
• 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

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Subchapter I Emergency Notification (cont.)

• 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

• Up to 27,500 for each violation
• For continuing violations
• 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

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Subchapter II MSDS Reporting

• Owners/operators are required to submit to SEPC,
  LEPC, and local fire department the MSDS or list
  of MSDSs.
• 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

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Subchapter II Inventory Reporting

• Requires facilities that accumulate specified
  quantities of hazardous or extremely hazardous
  substances on site to submit hazardous chemical
  inventory forms (due March 1, annually)
• 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.

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Subchapter II Release Reporting

• 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
• 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

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Subchapter III General provisions

• Trade secrets May withhold a specific chemicals
  identity if it constitutes a trade secret.
  However, a generic class must be provided.
• Exception where it is necessary for diagnosis or
  treatment of an individual by a health
  professional
• Public access to information