Emergency planning and community right to know act
1 / 17

Emergency Planning and Community Right-to-Know Act - PowerPoint PPT Presentation

  • Uploaded on

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. Goals.

I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
Download Presentation

PowerPoint Slideshow about ' Emergency Planning and Community Right-to-Know Act' - kaseem-rios

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.

- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript


  • Signed into law on October 17, 1986

  • Often referred to as Title III of the Superfund Amendments Reauthorization Act (SARA) of 1986


  • 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

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.)

Subchapter i requirements
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

Subchapter i lepc responsibilities
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

Subchapter i substances covered
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

Subchapter i emergency response plans
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

Subchapter i emergency response plans cont
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

Subchapter i emergency notification
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

Subchapter i emergency notification cont
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

Subchapter i emergency notification cont1
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

Subchapter i violations
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

Subchapter ii msds reporting
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

Subchapter ii inventory reporting
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.

Subchapter ii release reporting
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

Subchapter iii general provisions
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