Environmental Protection AgencyRegion 10

Emergency Planning and Community Right- to –Know Act

Overview of EPCRA

Kathleen A. LeGreid , investigator for the Environmental Protection Agency

A SEE employee in the EPA's Region 10 EPCRA office

Working with Suzanne Powers, EPCRA Coordinator for Region 10

Agenda

EPCRA BACKGROUND

EPCRA 301

Emergency Release

Notification

EPCRA 304

CERCLA 103

Emergency and Hazardous Chemical

Reporting

(Tier Two)

EPCRA 311 EPCRA 312Toxics Release Inventory (TRI)(Form R)/ RMP (Risk Management Program)

Federal Forms Tier Two

Oreg on has HSIS

BackgroundA disaster in 1984 in Bhopal, India, caused by an accidental release of methylisocyanate caused global concerns about environmental and safety hazards posed by storing and handling toxic chemicals.

The release killed or severely injured more than 2000 people. Over 500,000 people were exposed to the gas.

The Emergency Planning and Community Right-to-Know Act (EPCRA) was passed by Congress as a response to concerns over the storing and handling of toxic chemicals.

What is the Emergency Planning and Community Right-to-Know Act

(EPCRA)?1986 Superfund

Amendments and Reauthorization Act signed into law.

SARA

SARA Title III EPCRA

EPCRA requires small to large businesses to report chemical information, including:

• Detailed chemical inventories• Reporting spills and releases of hazardous substances• Providing information to local responders and emergency planners

Establishment of State Commissions, Planning

Districts & Local Committees (Section 301)

SERC-State

Emergency

Response

Commissions

LEPC-Local

Emergency

Planning Committe

es

TERC-Tribal

Emergency

Response

Commissions

LEPCs include representatives from local government, law enforcement, civil defense, fire fighting, first aid, health, media, community groups,

facilities, etc.

LEPC Information

Clatsop County LEPC

Columbia Emergency Planning

Association (CEPA) LEPC

Coos County LEPC

Klamath County Emergency Planning

Committee

Lane County LEPC

Lincoln County LEPC

Mid-Valley LEPC (Linn and Benton

Counties)

Morrow County LEPC

Multnomah County LEPC / ECHO

Umatilla County LEPC

Local Emergency Planning CommitteeLEPC

SARA Title III/Emergency Planning and Community Right-To-Know Act of 1986SERC establishes Local Emergency Planning Committees (LEPC).

LEPC’s work with local facility representatives on the development of an emergency response plan tailored to the needs of the local community.

The local LEPC analyzes hazards and evaluates resources for preparing for and responding to a potential chemical accident. Chemical information received from local industry is part of that response planning.

LEPC’s goals are to protect their communities from disaster.

Emergency Planning (EPCRA 301-303)

https://www.youtube.com/watch?v=sZx_Y9KUuDE

http://emergencymanagement.supportportal.com/link/portal/23002/23016/ArticleFolder/629/Emergency-Planning-EPCRA-301-303

EPCRA SARA Title III

Reporting elements:

• Emergency Response Planning

• Emergency Release Reporting

• Hazardous Chemical Inventory Reporting

• Toxic Chemical Release Inventory (Form R) Section 313

EPCRA SARA Title III • Emergency Response Planning

• Sec. 301

• Sec. 302. [42 U.S.C. 11002] Substances and facilities covered and notification.

• Sec. 303. [42 U.S.C. 11003] Comprehensive emergency response plans

EPCRA SARA Title III • Emergency Release Reporting

• Sec. 304. [42 U.S.C. 11004] Emergency notification

• CERCLA 103*[42 U.S.C. 11004] Emergency notification

*Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

CERCLA establishes a framework for Federal involvement in response to and cleanup of hazardous substance releases.

EPCRA SARA Title III • Hazardous Chemical Inventory

Reporting

• Sec. 311. [42 U.S.C. 11021] Material Safety Data Sheets.

• Sec. 312. [42 U.S.C. 11022] Emergency and hazardous chemical inventory reports

60 days- 30days if changed **** Varies

*Renotification required after changes in information.**Under Sec 103(a) of CERCLA, 40 CFR Part 302, NRC notification is required if release of CERCLA hazardous substance is = or > RQ.***Initial compliance deadline for Federal facilities was 30 Aug 1994 (EO 12856).****Initial notification within 60 days of date EHS 1st present at or above TPQ. If change in reporting status (new coordinator, contact number change, facility name change, removal or addition of EHS) notification within 30 days to SERC & LEPC.

Oregon has a Hazardous Substance Information Survey (CR2K) and a staggered reporting schedule based on county.

Hazardous Chemical Inventory Reporting

EPA EPCRA Sections 302, 303, 311 & 312

DO YOU NEED TO REPORT THE CHEMICALS THAT YOU HAVE ON YOUR SITE?

*Threshold Level for Reporting

• Extremely Hazardous Substances (EHS)-Threshold Planning Quantity (TPQ) or 500 lbs., whichever is less (see List of Lists)

• Hazardous substances (chemicals required by OSHA to have an MSDS-SDS, but are not an EHS) 10,000 lbs.

OSHA(M)SDS

(Material) Safety Data Sheets

EPA’s Consolidated List of Lists

RMP

Common EHSs

EHS Name Threshold Planning Quantity (TPQ) Ammonia 500 pounds Chlorine 100 pounds Sulfuric Acid 1,000 pounds*

Sulfur Dioxide 500 pounds

The TPQ for Sulfuric Acid is 1,000 pounds.

For EPCRA, “have present at any one time an EHS in quantity equal to or greater than TPQ or 500 pounds, whichever is less.”

*A rough estimate to calculate sulfuric acid in a battery is to use 18% of the battery’s weight as sulfuric acid (with 70% of its weight being lead).

A typical electric lift truck battery can easily weigh 2,400 lbs., therefore, it could contain as much as 432 lbs. of sulfuric acid and as much as 1,690 lbs. of lead.

Emergency Release Notification

EPCRA 3 04/CERCLA 103 Reporting Elements

• Release of an EHS in quantity equal to or greater than reportable quantity (RQ).

OR• Release of a CERCLA

hazardous substance in quantity equal to or greater than reportable quantity (RQ).

Emergency Release Notification

WHAT CHEMICALS ARE SUBJECT TO REPORTING?

Chemicals subject to Section 304 notification requirements are • CERCLA hazardous substances listed

under 40 CFR Table 302.4 and the • extremely hazardous substances (EHS)

listed under 40 CFR part 355 Appendix A and B.

Who is responsible, the owner or operator, for purposes of EPCRA 304 release reporting? • Either the owner or operator of a facility

gives notice after a release. Under EPCRA section 304 both the owner and operator are responsible if no notification is provided.

http://emergencymanagement.supportportal.com

/ics/support/KBList.asp?folderID=662

EPCRA Emergency Release Notification-Reporting

Report Type

911 (not required in Federal Regulations, recommended)

Verbal-Immediate (15 minutes)

Agencies Receiving Report911 (not required in Federal Regulations,

recommended)National Response Center (NRC), 1-800-424-

8802 for CERCLA chemicalSERC 1-800-452-0311 Oregon Emergency

Management Division-Oregon Emergency Response System (OERS)

LEPC

Follow-upWritten report

EPCRA Emergency Release Notification-Reporting

• Your call to OERS will satisfy these notification requirements:

Advise the duty officer that you are making a SERC/LEPC notification and submit the required written report to:

          SERC/LEPC

          c/o CR2K,

          4760 Portland Rd NE

          Salem, OR 97305-1760

• You may also be required to notify the local 9-1-1 Center and the National Response Center.

http://www.oregon.gov/OMD/OEM/Pages/tech_resp/oers.aspx

Section 304 Exemptions

Release remains within facility boundaries

Roof vents, fans, windows? Impossible to guarantee with a gas.

Continuous releases (special requirements)

Federally permitted releases

22

EPA EPCRA Sections 311 & 312 Emergency and Hazardous Chemical Reporting (Tier Two)

In Oregon, the Hazardous Substance Information Survey (HSIS) identifies hazardous substances that are used, stored, manufactured and/or disposed of at business and government sites.

The survey is annual and facilities are required to notify the OSFM within 30 days of changes.

EPA EPCRA Sections 311 & 312 Emergency and Hazardous Chemical Reporting OREGON MONTHLY SURVEY MAILINGS by COUNTY

FEBRUARY Baker, Crook, Grant, Harney, Jefferson, Klamath, Lake, Malheur, Morrow, Sherman, Umatilla, Union, Wallowa, Wasco, & WheelerMARCH Deschutes, Marion, & PolkAPRIL Coos, Curry, Jackson, & JosephineMAY Benton, Douglas, & LinnJUNE Lane & LincolnJULY Clackamas, Hood River, & YamhillAUGUST Tillamook & WashingtonSEPTEMBER Columbia & Multnomah & Clatsop If a company has numerous facilities throughout the state of Oregon, they have the option to have all surveys mailed at once by submitting a request in writing to the Office of State Fire Marshal.

Summary• Oregon Community Right To Know

• http://www.oregon.gov/osp/sfm/pages/cr2k_home.aspx

• EPA EPCRA List of Lists• http://

www2.epa.gov/epcra/epcracerclacaa-ss112r-consolidated-list-lists-march-2015-version

• Oregon Emergency Release Notification• http://www.oregon.gov/osp/SFM/docs/cr2k/cr2k_general/

304emergencyreleaseguidancedocument.pdf