Document xz4n0QLa2Nk2YarKnM6jb3pZJ

[mLE III FACT SHEET S.EPA EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW U.S. Environmental Protection Agency ^ INTRODUCTION On October 17,1986, the *Superfund Amendments and Reauthorization Act of1986" (SARA) was enacted into law. One part ofthe new SARA provisions is Title ill: the Emergency Planning and Community Right-to-Know Act of1986. Title III establishes requirementsfor Federal, State, and local governments and industry regarding emergency planning and 'community right-to-know' reporting on hazardous and toxic chemicals. This legislation builds upon EPA's Chemical Emergency Preparedness Program (CEPP) and numerous State and local programs aimed at helping communities to bet ter meet their responsibilities in regard to potential chemical emer gencies. the community right-toknow provisions cf Title 111 will help to increase the public's knowl edge and access to information on the presence ofhazardous chemi cals in their communities and releases ofthese chemicals into the environment. Title 111 hasfour major sections: emergency planning ($301 $303), emergency notification ($304), community right-to-know reporting requirements ($311, 312), and toxic chemical release porting - emissions inventory 301*303: Emergency Planning: The emergency planning sections ate designed to develop State and local governments' emergency response and preparedness capa bilities through better coordination and planning, especially within the local community. Title III requires that the Governor of each State designate a State emer gency response commission by April 17,1987. If a State commis sion is not designated, the Gover nor will operate as the commission until the Governor makes such des ignation. While existing State organizations can be designated as the State emergency response com mission, the commission can have broad-based representation. Public agencies and departments con cerned with issues relating to the environment, natural resources, emergency services, public health, occupational safety, and transporta tion all have important roles in Title III activities. Various public and private sector groups and associa tions with interest and exper tise in Title III issues also can be included in the State commission. The State commission must desig nate local emergency planning dis tricts by July 17,1987, and appoint local emergency planning commit tees within one month after a dis trict is designated. The State com mission is responsible for supervis ing and coordinating the activities of the local emergency planning committees, for establishing proce dures for receiving and processing public requests for information col lected under other sections of Title III, and for reviewing local emer gency plans. This local emergency planning com mittee must include elected State 1 and local officials, police, fire, civil defense, public health profes sionals, environmental, hospital, and transportation officials as well as representatives of facilities sub ject to the emergency planning requirements, community groups, and the media. No later than Sep tember 17,1987, facilities subject to the emergency planning require ments must designate a representa tive to participate in the planning process. The local committee must establish rules, give public notice of its activities ana establish proce dures for handling public requests for information. The local committee's primary responsibility will be to develop an emergency response plan by Octo ber 1/, 1988. In developing this plan, the local committee will evalu ate available resources for preparing for and responding to a potential chemical accident. The plan must include: Identification of facilities and extremely hazardous substances transportation routes Emergency response procedures, on-site and off-site Designation of a community coor dinator and facility coordinator(s) to implement the plan Emergency notification proce dures Methods for determining the occurrence of a release and the probable affected area and population PLAINTIFF'S EXHIBIT AL-945 Kay Dates to Rsmombor November 17,1966 EPA published List of Extremely Hazardous Substances and Planning Threshold Quantities in Federal Register ($302.303.304) November 17,1986 January 27,1987 March 17,1987 April 17,1987 May 17,1987 EPA initiates comprehensive review of emergency systems ($X5(b)) Formatter Emergency Inventory Forms and reporting requirements published in Federal Register (311,312) National Response Team publishes guidance tor preparation and implementation ofemergency plans (303(f)) State governors appoint State emergency response commissions (301 (a)) Facflities subject to Section 302 planning requirements notify State emergency response commission (302(c)) June 1.1967 Interim report on emergency system review due to Congress (5305(b)) EPA publishes toxic chemical release (i.e., emissions inventory) form (313(g)) July 17.1987 August 17.1987 (or X days after designation of dis tricts, whichever is sooner) Slate emergency response commission designates emergency planning districts (5301(b)) State emergency response commission appoints members of local emergency planning committees (Xi (c)) September 17.1987 (or X days after committee is formed, whichever is earlier) Facility notifies local planning committee of election of a facility representative (5303(d)(1)) October 17.1987 MSDS or list of MSDS chemicals submitted to State commission, local committee and local fire department (311 (d)) March 1,1968 (and annualy there after) Faditiee submit toelr emergency inventory terms to State commission, local committee and local fire department (312(a)(2)) April 17,1968 RnaJ Report on emergency systems study due to Congees (5305(b)) (Continued on page 5) 2 Description of community and industry emergency equipment and facilities and the identity of persons responsible for them Evacuation plana Description and schedules of a training program for emergency response personnel Methods and schedules for exer cising emergency response plans. In order to assist the local commit tees in preparing and reviewing plans. Congress required the National Response Team (NRT), composed of 14 Federal agencies with emergency response responsi bilities, to publish guidance on emergency response planning. This guidance, the Hazardous Mate rials emergency Planning Guide, will be published by the NRT and incorporates emergency planning aspects of the CEPP Interim Guid ance. It also replaces the Federal Emergency Management Agency's Planning Guide and Checklist for Hazardous Materials Contingency Plans (popularly know as FEMA10). See Federal Register dated 12/2/86. The emergency response plan must be reviewed by the State commis sion as well as annually by the local committee. The Regional Response Teams, composed of the Federal Regional officials and State representatives, may review the !>lans and provide assistance to the ocal committees upon request Those planning activities of the local committees and facilities should be focused on, but not lim ited to, the 402 extremely hazard ous substances published in the November 17,1986, Federal Regis ter. The list included the threshold planningquantities for each sub stance. tPA can revise the list and threshold planning quantities based on the toxicity, reactivity, volatil ity, disposability, combustability, or flammability of a substance. Any facility that produces, uses, or stores any of the listed chemicals in Emergency planning requirements. hSdiooo, the Stale commission J, the Governor can designate rwjoonal facilities, after public comment, to be subject to these requirements. By May 17,1987, covered facilities must notify the State commission that they are sub* ject to these requirements. If a facil ity begins to produce, use, or store any of the extremely hazardous sub stances in threshold quantity amounts, it must notify the State commission within 60 days. Each State commission must notify EPA of all facilities subject to the emergency planning requirements, including facilities designated by the State commission or the Governor. $304: Emergency Notification Facilities must immediately notify the local emergency planning com mittee and the State emergency response commission if there is a release of a listed hazardous sub stance that exceeds the reportable quantity for that substance. Sub stances subject to this requirement are substances on the list of 402 extremely hazardous substances as published in Federal Register on 11/17/86 and substances subject to the emergency notification require ments under CERCLA Section 103(a). The initial notification can be by tele phone, radio, or in person. Emer gency notification requirements involving transportation incidents can be satisfied by dialing 911, or in the absence of a 911 emergency number, calling the operator. This emergency notification needs to include: The chemical name An indication of whether the sub stance is extremely hazardous An estimate of the quantity released into the environment The time and duration of the release Tbe medium into which the release occurred Any known or anticipated acute or chronic health risks associated with the emergency, and where appropriate, advice regarding med ial attention necessary for oq>osed individuals Proper precautions, such as evacu ation Name and telephone number of contact person. Section 304 also requires the fol low-up written emergency notice after me release. The follow-up notice or notices shall: Update information included in the initial notice, and Provide information on: Actual response actions taken - Any known or anticipated data or chronic health risks associ ated with die release - Advice regarding medical atten tion necessary for exposed indi viduals. Until State commissions and local committees are formed, releases should be reported to appropriate State and local officials. $311*312: Community Right* to-Know Reporting Requirements There are two "community right-toknow" reporting requirements which apply primarily to manufac turers and importers. Section 311 requires mat facilities which must prepare or have available mate rial safety data sheets (MSDS) under the Occupational Safety and Health Administration (OSHA) reg ulations to submit either copies of its MSDS or a list of MSDS chemi cals to: The local emergency planning committee The State emergency response commission Tbe local fire department. If tbe facility owner or operator chooses to submit a list of MSDS chemicals, the list must include the chemical name or common name of each substance and any hazardous component as provided on the MSuS. This list must be organized in categories of health and physical hazards as set forth in OSHA regu lations unless modified by EPA. If a list is submitted, the facility must submit die MSDS for any chemical on the list upon the request of the local planning com mittee. Under Section 311, EPA may establish threshold quantities for hazardous chemicals below which no facility must report. The initial submission of the MSDSs or list is required no later than October 17,1987, or 3 months after the facility is required to pre pare or have available an MSDS under OSHA regulations. A revised MSDS must be provided to update MSDS which were originally submitted if significant new information regarding a chemi cal is discovered. The reporting requirement of Sec tion 312 involves submission of an emergency and hazardous chemi cal inventory form to the local emer gency planning committee, the State emergency response commission and the load foe department. The hazardous chemicals covered by Section 312 are the same for which facilities are required to sub mit MSDS or the list for Section 311. Under Section 312, EPA may also establish threshold quantities for hazardous chemicals below which no facility must be subject to this requirement. The inventory form incorporates a two-tier approach. Under Tier I, 3 facilities must submit the following aggregate information for each appli cable OSHA category of health and physical hazard: An estimate (in ranges) of the maximum amount of chemicals for each category present at the facility at any time during the pre ceding calendar year An estimate (in ranges) of the average daily amount of chemi cals in each category The general location of hazardous chemicals in each category. Upon request of a local committee. State commission or local fire department, the facility must pro vide the following Tier II informa tion for each substance subject to the request: The chemical name or the com mon name as indicated on the MSDS An estimate (in ranges) of the maximum amount of the chemical present at any time during the pre ceding calendar year A brief description of the manner of storage of die chemical The location of the chemical at the facility An indication of whether the owner elects to withold location information from disclosure to the public. The public may also request Tier n information from the State commis sion and the local committee. The information submitted by facilities under Sections 311 and 312 must generally be made available to the public by local and State govern ments-during normal working hours. EPA published a uniform format for the inventory forms on January 27,1987. Tier 1 information shall be submitted on or before March 1, 1988, and annually thereafter on March 1. 5313: Toxic Chemical Release Reporting Section 313 of Title III requires EPA to establish an inventory of toxic chemical emissions from cer tain facilities. Facilities subject to this reporting requirement are required to complete a toxic chemi cal release form for specified chemi cals. The form must be submitted to EPA and those State officials des ignated by the Governor, on or before July 1,1988, and annually thereafter on July 1, reflecting releases during each preceding cal endar year. The purpose of this reporting requirement is to inform govern ment officials and the public about releases of toxic chemicals in the environment. It will also assist in research and the development of reg ulations, guidelines, ana standards. The reporting requirement applies to owners and operators of facilities that have 10 or more full-time employees, that are in Standard Industries Classification Codes 20 through 39 (i.e., manufacturing facilities) and that manufactured, processed or otherwise used a listed toxic chemical in excess of speci fied threshold quantities. Facilities using listed toxic chemi cals in quantities over 10,000 pounds in a calendar year are required to submit toxic chemical release forms by July 1 of the following year. Facilities manufac turing or processing any of these chemicals in excess of 75,000 pounds in 1987 must report by July 1,1988. Facilities manufacturing or processing in excess of50,000 pounds in 1988 must report by July 1,1989; thereafter, facilities manu facturing or processing more than 25,000 pounds in a year are required to submit the form. EPA can revise these threshold quantities and covered SIC categories. The list of toxic chemicals subject to reporting consists initially or chemicals listed for similar reporting purposes by the States of New Jersey arid Maryland. There are over 300 chemicals and categories on these lists. EPA can modify this combined list. In add ing a chemical to the combined Maryland and New Jersey lists, EPA must consider the following factors: Is the substance known to cause cancer or serious reproductive or neurological disorders, genetic mutations, or other chronic health effects? Can the substance cause signifi cant adverse acute health effects outside the facility as a result of continuous or frequently recur ring releases? Can the substance cause an . adverse effect on the environment because of its toxicity, persist ence, or tendency to bioaccumulate? Chemicals can be deleted if there is insufficient evidence to establish any of these factors. State gover nors may petition the Administrator to add or delete a chemical from the list for any of the above reasons. Any person may petition for the first two reasons. Through early consultation with States or EPA Regions, petitioners can avoid duplicating previous peti tions and be assisted in locating sources of Aata already collected on the problem of concern to support their petitions. EPA will conduct information searches on chemicals contained in a petition, focusing on the effects the petitioners believes warrant addition or deletion. EPA is required to publish a format for the Toxic Chemical Release form by June 1,1987. The following information must be included: 4  The nsroe, location and type of harness Whetter the chemical is manufaclured, processed, or otherwise used d the general categories of use ofthe chemical An fstimtfe (in ranges) of the iwiimm amounts of the toxic chemical present at the facility at any time during the preceding year Waste treatment/disposal methods and efficiency of methods for each wastesoeam Quantity of the chemical entering each environmental medium annually A certification by a senior official that the repent is complete and accurate. EPA must establish and maintain a national toxic chemical inventory based on the data submitted. This information must be computer acces sible on a national database. In addition to the requirements for the emissions inventory in Section 313, EPA will arrange for a mass balance study to be carried out by the National Academy of Sciences using information collected from States that conduct a mass balanceoriented annual quantity toxic chemi cal release program. Mass balance is the accounting of the total quan tity of substances brought into a facility versus the amount that is shipped out. The difference is an indication of die amount released into the environment. A report of this study must be submitted by EPA to Congress no later than Octo ber 17,1991. The purpose of this study is to assess the value of obtaining mass balance information to determine the accuracy of information on toxic chemical releases. Also, the study will assess the value of using the information for determining the waste reduction efficiency and for evaluating toxic chemical manage ment practices at categories of facilities. In addition, the study must determine the implications of mass balance information collected on a national scale including for use as part of a national annual quantity toxic chemical release program. Other Title m Provisions Section 322 of Title III addresses trade secrets and applies to emer gency planning, community right-toknow, and toxic chemical release reporting. Any person may withold the specific chemical identify of a hazardous chemical for specific rea sons. Even if the chemical identity is withheld, the generic class or cate gory of the chemical must be pro vided. The withholder must snow each of the following: Kay Dates to Remember (Continued from page 2) July 1,1988 (and annually there after) Covered facilities submit initial toxic chemical forms to EPA and designated State officials (3i3(a)) October 17.1968 Local emergency planning committees complete preparation of an emergency plan (5303(a)) June30,1991 Comptroller general report to Congress on toxic chemical release information collection, use and availability (313(k)) The information has not been dis closed to any other person other than a member of the local plan ning committee, a government official, an employee of such per son or someone bound by aconfidentiality agreement, that meas ures have been taken to protea the confidentiality, and that the withholder intends to continue to take such measures The information is not required to be disclosed to the public under any other Federal or State law The information is likely to cause substantial harm to the competi tive position of the person The chemical identity is not read ily discoverable through reverse engineering. However, even if chemical identity information can be legally withheld from the public. Section 323 pro vides for disclosure under certain circumstances to health profes sionals who need the information for diagnostic purposes or from local health officials who need the information for assessment activities, fat these cases, the per son receiving the information must be willing to sign a confidentiality agreement with the facility. Information claimed as trade secret and substantiation for that claim must be submitted to EPA. This includes information that otherwise would be submitted only to State or local officials, such as the emer gency and hazardous material inven tory ($312). People may chal lenge trade secret claims by petitioning EPA, which must then review the claim and rule on its validity. EPA must publish regulations governing trade secret claims. The regulations will cover the process for submission of claims, petitions for disclosure and a review process for these petitions. October 17,1991 EPA report to Congress on Mass Balance Study (313(1)) 5 Secton 305 of Title III authorizes the Federal Emergency Manage ment Agency to provide $5 million Summary for Chemical Lists for Title III 6 fcr each of fiscal years 1987,1988, 1989, and 1990 for training grants support State and local govern ments. These training grants are designed to improve emergency planning, preparedness, mitigation, tespoose, and recovery capabilities. Such programs must provide spe cial emphasis to hazardous chemical emergencies. The training grants may not exceed 80 percent of the cost of any such programs. The remaining 20 percent must come from non-Federal sources. Under Section 305, EPA is required to review emergency sys tems for monitoring, detecting, and preventing releases of extremely hazardous substances at representa tive facilities that produce, use, or store these substances. EPA will report interim findings to Congress no later than May 17,1987 ana issue a final report of findings and recommendations to Congress by April 17,1988. The report must include EPA's find ings regarding each of the following: Status of current technological capabilities to (1) monitor, detect, ana prevent significant releases of extremely hazardous substances; (2) determine the magnitude and direction of the hazard posed by each release; (3) identify specific substances; (4) provide data on specific chemical composition of such releases; and (5) determine relative concentration of the con stituent substances. Status of public emergency alert devices or systems for effective public warning of accidental releases of extremely hazardous substances into any media. The technical and economic feasi bility of establishing, maintaining, and operating alert systems for detecting releases. The report must also include EPA's recommendations for Initiatives to support development of new or improved technologies or systems that would assist the timely monitoring, detection, and prevention of releases of extremely hazardous substances. Improving devices or systems for effectively alerting the public in the event of an accidental release. For more information on Title III and EPA's Chemical Emergency Prepared ness Program, contact the CEPP Hotline: 1-000-535-0202 (in Washington, D.C. (202) 479-2449) Hours: 8:30 am-4:30 pm (EST), Monday-Friday This is NOT an emergency number 7 si 1331 Pennsylvania Avenue, N.W Washington, D C. 20004 202-737-6330 1 Organization Resources 1 Counselor^ Inc April 20, 1987 Memorandum To: ORC Occupational Safety and Health Group ORC Occupational Safety and Health Lawyers Group From: Richard F. Boggs Subject: Fact Sheet on Title III of the Superfund Amendments and Reauthorization Act of 1986 We have over the past six months discussed with you the implications of the new Title III requirements as included in the October 17, 1986 Superfund Amendments and Reauthorization Act. I believe it would be worthwhile for you to review and to pass on to others within your company the attached EPA Fact Sheet with regard to Title III, which includes Emergency Planning and Community Right to Know requirements. If you have not yet become aware of the ramifications of the new