Emergency Planning and Community Right-to-Know Act

1. Emergency Planning and Community Right-to-Know Act (EPCRA)

2. Overview • Signed into law on October 17, 1986 • Often referred to as Title III of the Superfund Amendments Reauthorization Act (SARA) of 1986

3. 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

4. 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.)

5. 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

6. 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

7. 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 person’s identity

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. Subchapter II: MSDS Reporting • Owners/operators are required to submit to SEPC, LEPC, and local fire department the MSDS or list of MSDS’s. • 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

15. 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.

16. 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

17. Subchapter III: General provisions • Trade secrets –May withhold a specific chemical’s 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