United States Environmental Protection Agency Office of Solid Waste and Emergency Response Washington DC 20460 September 1988 Community Right-to-Know and Small Business Understanding Sections 311 and 312 of the Emergency Planning and Community Right-to-Know Act of 1986 Campus Cleaners ss Shirts Wools Tatace. OPEN ------- ------- v>EPA United States Environmental Protection Agency Office of Solid Waste and Emergency Response Washington DC 20460 September 1988 I Community Right-to-Know and Small Business Understanding Sections 311 and 312 of the Emergency Planning and Community Right-to-Know Act of 1986 ------- ------- Table of Contents This brochure has been developed to provide small businesses with important informa- tion on whether to report, and how and what to report under Sections 311 and 312 of the Emergency Planning and Community Right-To-Know Act of 1986. The document is not intended to replace any regulations written in^upport of the law. It is intended to | assist the small business owner with compliance. Also, the brochure does not detail ail | of the sections of the Emergency Planning and Community Right-To-Know Act of 1986. i You may face other requirements under this law. Historical Background _1 Title III and Its Purpose .1 Overview: Community Right-to-Know 2 Reporting Requirements Background - Hazard Communication Standard 3 Do I Have To Report? 4 Facility 4 Substances 5 Exemptions 5 Thresholds 5 How Do I Report? .' 7 What Do I Report? .7 Section 311 '."'."'.'.'.'.""a Section 312 9 How Will This Information Be Used? 10 Trade Secrets 10 Conclusion 11 Questions & Answers For Sections 311 and 312 Reporting .12 Useful Phone Numbers and Addresses .17 State Emergency Response Commissions .17 EPA Regional Offices 19 Acronyms and Terms 20 For Further Information 21 Facility Example and Sample Forms 22 Section 311 List 22 Section 312 Tier II Form „ 23 ------- ------- Historical Background In December 1984, a cloud of highly toxic methyl isocyanate spewed from a chemical plant in Bhopal, India, blanketing the surrounding area in poison. The result—over 2,000 people dead and thousands more injured. Damaged lungs, reduced oxygen flow, severe headaches and temporary blindness accom- panied these deaths. Even today, poor health contin- ues to afflict that community. The gravity of this tragedy opened the eyes of the world to the dangers of chemical accidents. Eight months later, a less toxic derivative of that chemical escaped from a West Vir- ginia plant, bringing these same concerns home to the United States. Accidents can happen—at any facility in the appropri- ate circumstances. In Bhopal, prevention equipment had been installed and a local evacuation plan devel- oped. Unfortunately, the equipment was not in serv- ice, and the neighboring community was not aware of the plans. The lack of knowledge proved fatal. Chemicals serve our world well. Paints, plastics, medical supplies, cleaning fluids and countless other necessities play integral roles in our lives. The manu- facturing processes for these goods and the goods them- selves often involve hazard- ous chemicals, but know- ledge of the hazards and proper use of the substances help ensure safe factories and businesses. Until recently, that seemed sufficient. However, as Bhopal demonstrated, the general public also needs such knowledge in prepara- tion for chemical accidents. Title III and Its Purpose The United States Congress understood this need and responded with the Emergency Planning and Community Right-To-Know Act of 1986. This law, also known as Title ill of the Superfund Amendments and Reauthorization Act (SARA), involves four com- plementary activities: 1. Emergency planning (Sections 301-303) Local Emergency Planning Committees must organize collected chemical information and de- velop emergency response plans for their commu- nity. Facilities where extremely hazardous substances are present above specified threshold planning quantities (see pages 5-6) must be among those who participate in this planning process. 2. Emergency notification (Section 304) Facilities must report accidental releases of certain hazardous substances above specified reportable quantities to State Emergency Response Commis- sions and Local Emergency Planning Committees. 3. Community right-to-know reporting (Sections 311-312) Facilities required to prepare or have available a Material Safety Data Sheet for hazardous chemi- cals must submit detailed information to the State Emergency Response Commission, a Local Emer- gency Planning Committee, and the local fire department. 4. Toxic chemical release reporting (Section 313) Manufacturing facilities that release certain toxic chemicals must report the total amount of emis- sions to the Environmental Protection Agency in Washington, D.C and to State officials. Together, Title III creates a working partnership, con- sisting of industry and small business, state and local government officials, public health and emergency response representatives, and other interested citizens. Through this interaction and information- sharing, a safer community can result. Indeed, all parties share the responsibility for Title III, and every- one will benefit. ------- Community Right-To-Know Sections 311 and 312 of Title III—popularly named community right- to-know—are the focus of this bro- chure. These provisions, which affect facilities where hazardous chemicals are present, require submission of data on the amount, type and location of those substances. The collected data serve as an essential informational tool for local planners and response personnel, providing the basis for the emergency planning process of Title III. Perhaps most important, fire departments and health officials can tap this wealth of knowledge. At present, firefighters face great risks in battling chemical blazes at factories, small businesses, hospitals, schools. Many chemicals demand special precautions and techniques. If used correctly, Title III information can provide emergency workers with vital data, enabling them to respond safely to chemical accidents. Like- wise, medical personnel require ready access to such storage data. Unusual symptoms caused by chemical spills demand immediate attention. Title III will help. Sections 311 and 312 also create a new entitlement. The public in every state now has the "right-to-know" about hazardous chemicals present at facilities located in the community. Now, any citizen can request such detailed information. Never before have data on chemical use been so accessible to the public. And never before have so many businesses been potentially affected by a reporting regulation. All companies, large or small, manufacturing or non- manufacturing, may be subject to this inventory reporting. Since the law includes a sector unaccustomed to such reporting requirements—the small business commu- nity—special help is being offered in this brochure. These opening pages provide a brief overview of Title III. The bulk of the brochure details in step-by-step fashion the community right-to-know requirements and allows you, the small business owner, to deter- mine whether you must report, and if so, what. The final pages provide other help, such as an index of the terms and acronyms used in the brochure, and a reference guide of useful contacts, phone numbers and addresses. \/ Section 312 Every effort has been taken to clarify the commu- nity right-to-know reporting require- ments of Title III. The goal is to assist you in complying with the law—an action serving everyone's interests. Though the reporting re- sponsibilities will require extra effort on your part, you will gain through emergency response plans for your facility, improved relations with your community, and perhaps, better management and chemical handling practices. And compliance with Title III will save you from fines of up to $25,000 per day. NOTICE Under Title III, states have the authority to go beyond the reporting requirements written in | the law. Title III is the base for right-to-know reporting—it is the minimum. Since your state law may be stricter than Title III, please check | wiith your State Emergency Response Com- mission to make sure that your submissions meet all necessary requirements. ------- Reporting Requirements Background - Hazard Communication Standard The community right-to-know reporting requirements build on the Occupational Safety and Health Administration's (OSHA) Hazard Communication Standard (HCS). The hazardous chemicals defined by the HCS are the hazardous chemicals of Sections 311 and 312. Initially, the HCS applied only to manu- facturers (designated by the Standard Industrial Clas- Hazard Communication Standard Worker Right-to-Know sification (SIC) codes 20 - 39). However, in 1987, OSHA amended the regulation to incorporate all businesses, regardless of classification or size. As a result, your small business may now be subject to community right-to-know reporting. Under the Hazard Communication Standard, chemical manufacturers and importers must research the chemicals they produce and import. If a substance presents any of the physical and health hazards specified in the HCS, then the manufacturer or importer must communicate the hazards and cautions to their employees as well as to "downstream" em- ployers who purchase the hazardous chemical. The goal behind the HCS is a safer workplace—workers, informed of the hazards they encounter on the job, can create that environment. One of the required tools of hazard communication is the Material Safety Data Sheet (MSDS). These documents provide many valuable details on the haz- ardous chemicals regulated by OSHA. Quite likely, you are already familiar with these useful documents. If not, you must become so. The MSDS contains health and safety information for you, and due to the relationship of Title III and the Hazard Communication Standard, having an MSDS indicates that you have a hazardous chemical which may require reporting under Sections 311 and 312. Though the Hazard Communication Standard contains no formal list of chemicals, any of roughly 500,000 products may trigger the requirement. The responsibility for issuing current MSDSs rests with chemical manufac- turers, distributors and importers, but the chemical user must ensure proper and complete maintenance of MSDS files. This will help you comply fully with Title III. Title 111 Community Right-to-Know Congress chose to link Title Ill's community right-to- know rules to the Hazard Communication Standard because both share a common goal of safety—Title III for the community and the HCS for the workplace. Understanding that connection is helpful. Although the community right-to-know rules are associated with the HCS, the Title III provisions are not redundant requirements. Instead, Title III extends the informa- tion sharing of workplace right-to-know to the entire community, especially to emergency response personnel. ------- Do I Have To Report? To answer the question "Do I have to report?" you should examine four criteria—-type of facility, presence of hazardous chemicals, amount present, and any ap- plicable exemptions. As you consider each of these, the chart below will help you determine your reporting status. Simply proceed through the brochure, refer- ring to the chart as necessary. Note: this section details "automatic" reporting only. Facilities which are not required to report automati- cally must still report when citizens request data. (See page 15) 1. Facility As noted earlier, due to the expansion of the Hazard Communication Standard, all businesses may be 1. Type of Facility Manufacturer (Standard Industrial Classification codes 20 - 39) Follow first set of dates on page 7. Non-manufacturer (Regulated under the expansion of the Hazard Communication Standard i.e. outside SIC codes 20 - 39) Follow second set of dates on page 7. CRITERIA 2. Do you have a hazardous chemical (includes extremely hazardous substances) present at your facility requiring a Material Safety Data Sheet under the Hazard Communication Standard? (see page 5) 3. Do you have a hazardous chemical (includes extremely hazardous substances) at your facility not exempt under the five exemptions of Title III? (see page 5) 4. Do you have an extremely hazardous substance or other hazardous chemical at your facility with its maximum amount greater than the relevant threshold? (see pages 5-6) EHS-500 pounds or the chemical- specific threshold planning quantity, OR Hazardous (Non-EHS)- 10,000 pounds RESULT * MUST REPORT (all "Yes") YES YES YES All YES Report DO NOT REPORT (any "No") NO NO NO If you answer "NO" to any of the three questions (2-4), then you are not required to report automatically under Sections 311 and 312 of Title III. If you answer "YES" to all of these three questions, then you must submit the reports to your State Emergency Response Commission, Local Emergency Planning Committee and local fire department. ------- subject to community right-to-know reporting. How- ever, the Sections 311 and 312 reporting deadlines for manufacturers (designated by SIC codes 20-39) differ from the deadlines facing the non-manufacturing community. The non-manufacturers' deadlines lag behind those for the manufacturers by almost one year. All the pertinent dates for the two sectors are noted on page 7. Beyond these differences in dates, though, all facili- ties are treated alike. Any business with one or more hazardous chemicals may have to report under community right-to-know. 2. Substances The Material Safety Data Sheet (MSDS) serves as the indicator of hazardous chemicals at your facility. If you are not required to prepare or keep any MSDSs, then you have no hazardous chemicals, as defined by the Hazard Communication Standard, at your facility. You do not need to report. The "No" in the "Do Not Report" column indicates that you have fulfilled the mandatory reporting requirements for Sections 311 and 312. On the other hand, if you must prepare or maintain any MSDSs, mark down a "Yes" to the question and continue reading. You may be required to report. 3. Exemptions There are five exemptions from reporting require- ments for community right-to-know. Some apply to specific chemicals and some to specific chemical uses. 1) Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administra- tion (FDA) is exempt from reporting. With regard to food additives, a chemical is a food additive only when in use as a food additive, and not when it is stored or used for other purposes, or is being sold to another business for use as a food additive. 2) Any hazardous chemical present as a solid in a manufactured item to the extent exposure to that chemical does not occur under normal conditions of use is exempt. For example, steel would be exempt in its solid form until you weld it, cut it, grind it or do anything else that could cause exposure to hazards such as lead, dusts or hazardous fumes. 3) Any substance used for personal, family or household purposes, or if present in the same form and concentration as a product packaged for distribu- tion to arid use by the general public. Packaging, not use, triggers the exemption. Regardless of actual use and intended distribution, if the substance is pack- aged in a similar way and in the same concentration as it is when used by the general public, then that substance is exempt. For example, a cleaner used by your business and packaged for home use remains exempt no matter how you use it. However, the same cleaner, packaged in bulk amounts not intended for sale to home users, must be reported. 4) Any substance is exempt to the extent it is used in a research laboratory, hospital or other medical facility under the direct supervision of a technically qualified individual. Quality assurance labs meet the exemption, but pilot testing labs, where manufacturing of a product takes place, do not. 5) Any substance used in routine agricultural operations or any fertilizer held for sale by a retailer to the ultimate customer is exempt. Again, this exemp- tion applies only if you are the user of the chemical, or in the case of fertilizers, if you are a retailer holding the fertilizer for sale to the ultimate customer. Please note, there are additional exemptions in the Hazard Communication Standard (HCS) governing the preparation and maintenance requirements for Material Safety Data Sheets. However, the five ex- emptions noted here are the only ones that limit the scope of the HCS. So, if all of the hazardous chemi- cals present at your facility are exempt, then insert a "No" in that column of the chart. If any of your hazard- ous chemicals fail to meet these exemptions, then enter a "Yes" and proceed. 4. Thresholds To ease everyone's information management burden created under community right-to-know, the Environ- mental Protection Agency (EPA) established reporting thresholds for the first two years of reporting. That means that any chemical present at your facility, at ways in an amount less than its threshold level, does not need to be automatically reported (examples page 6). In addition to the "hazardous chemicals" (those indicated by a Material Safety Data Sheet), you need ------- to be aware of a subset of these chemicals, the List of Extremely Hazardous Substances (EHS). The extremely hazardous substances—all included as "hazardous chemicals" under the Hazard Communica- tion Standard (i.e. all require a MSDS)—were listed initially in the November 17,1986 Federal Register. Since then, 40 of them have been removed from the list after public comment. Revised lists can be ob- tainejj from your State Emergency Response Com- mission (SERC) or Local Emergency Planning Com- mittee (LEPC). Also, you can write the Emergency Planning and Community Right-To-Know Information Line for a copy. That address and those for the SERCs are noted in the Appendices at the back-of this brochure. This list of extremely hazardous substances, consist- ing currently of 366 acutely toxic substances, repre- Hazardous Chemicals designated by the Hazard Communication Standard 10,000 Pounds (unless defined as an extremely hazardous substance under Title III) 366 Extremely Hazardous Substances 500 Pounds or Threshold Planning Quantity, whichever is lower sents the priority chemicals of the emergency plan- ning effort. Accordingly, reporting thresholds are tower for the extremely hazardous substances than for the non-EHS hazardous chemicals, and each EHS chemical boasts its own threshold planning quantity (TPQ). The TPQ stipulates a storage level of concern for the substance if the entire quantity of that sub- stance were released. Based on the toxicity and mobility of the chemical, the TPQ provides a reporting threshold reflecting health and safety concerns. The TPQ for each of these chemicals is noted on the List of Extremely Hazardous Substances. When considering thresholds, you must first deter- mine whether or not the hazardous chemical is an extremely hazardous substance. Reporting thresh- olds vary between these two groups. Those chemi- cals on the EHS listlrlp the threshold if present above 500 pounds or the chemical-specific TPQ, whichever is lower. Those hazardous chemicals not on the EHS list require reporting if stored above 10,000 pounds. For example, if you own a dry cleaning facility and never store perchloroethylene (a hazardous chemical) in a quantity greater than 5,000 pounds, then you are not required to report because the threshold for that chemical of 10,000 pounds was not exceeded. How- ever, a recreational swimming pool with 5,000 pounds of chlorine (an extremely hazardous substance) sur- passes the relevant 500 pound threshold and its threshold planning quantity of 100 pounds. (For EHS, always use the lower of 500 pounds or the TPQ). After determining the "maximum amount" (see page 12 of the Questions & Answers) of all your non- ' exempt extremely hazardous substances and hazard- ous chemicals, check the chart for thresholds and respond appropriately. A "No" signifies that you do not need to report under community right-to-know. A "Yes" means you may need to report. Please note, after the first two years of Title III reporting—for manufacturers October 1989, and for non-manufacturers September 1990- these threshold levels may change. Also, since the thresholds depend on pounds of the substance present at your facility, you may need to convert the measure of some gases and liquids from volume to weight (see page 13 of the Ques- tions & Answers). A similar discussion of mixtures can be found on page 16 of the Q & A Appendix. Again, it must be emphasized that if your-inventory ever exceeds the threshold ("maximum amount" exceeds the threshold), for any length of time, then your reporting requirement is triggered. In summary, if you answered "No" to any of the questions in the chart, then you are not required to report under Sections 311 and 312 of Title III. In other words, if you maintain no MSDSs, store no extremely hazardous substances and no hazardous chemicals above their respective thresholds, 01 are exempt for every reportable chemical at your facility, then you need not report automatically under community right-to-know. However, if you answered "Yes" to all of the questions, then you must report. PLEASE NOTE: An average 55-gallon drum of chemicals weighs approximately 500 Ibs., the EHS threshold. ------- How Do I Report? Community right-to-know is a multi-step process for reporting, with different deadlines for manufacturers and non-manufacturers. Non-manufacturers report one year later than the manufacturers. The dates noted below highlight the timing for right-to-know requirements. The reporting provisions of Sections 311 and 312 require submission of information to the State Emer- gency Response Commission (SERC), the Local Emergency Planning Committee (LEPC) and the local fire department. Both your SERC and your LEPC are newly formed under Title III. They are the heart of the system. To obtain the addresses of these groups, check the Appendix at the end of this brochure for State Emergency Response Commissions and EPA Regional Offices. The SERC should be able to supply you with the address of your LEPC. Or, you could contact the appropriate Regional Office of the Envi- ronmental Protection Agency and obtain the informa- tion on the SERC and LEPC there. Though Section 311 requires no special forms, you are responsible for obtaining the necessary report forms for Section 312. The Local Emergency Plan- 1987 October 17 Manufacturing facilities subject to reporting under Sections 311-312 (see pages 4-6) submit either Material Safety Data Sheets or a list of the reportable hazardous chemi- cals present at their facility to the State Emergency Response Commission, Local Emergency Planning Committee and fire depart- ment. 1988 March 1 Beginning March 1,1988 and conti- nuing annually thereafter.... Manufacturing facilities subject to reporting under Sections 311-312 (see pages 4-6) submit either Tier I or Tier II forms to the State Emer- gency Response Commission, Local Emergency Planning Committee and fire department. v^ Key Reporting Dates for Manufacturers (Standard Industrial Classification codes 20 - 39) Non-manufactu ring facilities subject to reporting under Sections 311-312 (see pages 4-6) submit either Material Safety Datasheets or a list of the reportable hazardous chemi- cals present at their facility to the State Emergency Response Commission, Local Emergency Planning Committee and fire depart- ment. 1988 Sept. 24 1989 March 1 Beginning March 1,1989 and conti- nuing annually thereafter.... Non-manufacturing facilities subject to reporting under Sections 311-312 (see pages 4-6) submit either Tier I or Tier II forms to the State Emer- ~ gency Response Commission, Local Emergency Planning Committee and fire department. x^ Key Reporting Dates for Non-manufacturers (outside Standard Industrial Classification codes 20 - 39) ning Committee and/or your State Emergency Re- sponse Commission will serve as the key contacts. For Section 312 reports, you will need one of two annual inventory forms, namely a Tier I form gi a Tier II form. A facility must submit only one Tier I form annually. However, if you submit a Tier II instead, entries must be made for each reportable chemical at your facility. Since each Tier II form provides room for only three chemicals, you may need several copies. What Do I Report? Now that you have learned of your reporting responsi- bility, you must choose the best method for report- ing. Though Sections 311 and 312 of Title III share both a foundation in the Hazard Communication Standard and the thresholds for reporting, the two provisions entail separate reporting requirements. Section 3-11 involves a one-time submission (with any necessary updates) naming the reportable hazardous chemicals present at your facility. Section 312 remains an annual responsibility, demanding more ------- I ! • detailed information on your chemical hazards and handling practices. Section 311 Again, you need no special forms under Section 311. Instead, the Material Safety Data Sheets at your facility are your key resources. Simply compile all of these MSDSs. After taking out those hazardous chemicals exempted by Title III and those present below their thresholds, submit either copies of the remaining MSDSs QI a single list of these chemicals, grouped by hazard category, to your State Emergency Response Commission (SERC), Local Emergency manage your data responsibly and effectively. How- ever, if you do opt for submitting the list, then when necessary, the Local Emergency Planning Committee can request substantiating MSDSs as supplemental information. You have a 30 day period to comply with such a request. As noted above, the list must also be grouped by hazard category (described on page 14 of the Questions & Answers). Despite these added steps, the chemical list should greatly ease your reporting effort. Both the list and the Material Safety Data Sheets should include the reportable hazardous chemicals present at your facility on your date of compliance. Sections 311 and 312 Reporting SECTION 311 One-time Report* REPORTING RECIPIENTS MSDS for all hazardous chemicals or List of all hazardous chemicals State Emergency Response Commission SECTION 312 Annual Report Local Emergency Planning Committee Local Fire Department Tier I Annual Inventory Form or Tier 11 Annual Inventory Form ' with updates within 90 days of when you obtain a new, non-reported substance or when a hazardous chemical in your inventory exceeds its threshold for the first time Planning Committee (LEPC) and local fire depart- ment. EPA recommends that you supply the list of your reportable chemicals rather than the actual MSDSs. The list will reduce your effort by removing the necessity of copying in triplicate all reportable MSDSs. It will also enhance the capacity of the three recipients—SERC, LEP6 and fire department—to The list or MSDSs were first due for the manufactur- ing sector on October 17,1987, and are now required for non-manufacturing businesses no later than September 24,1988. If at any time after this initial submission you obtain a new, non-reported substance, or a hazardous chemical in your inventory exceeds its threshold for the first time, then either an updated list 01 the relevant MSDS must be sent to the State Emergency Response Commission, Local 8 ------- Emergency Planning Committee and fire department. You have 3 months to comply with this provision. Section 312 Section 312, unlike Section 311, is an annual report- ing requirement and cannot be fulfilled by a one-time submission. Each year on March 1 (beginning for manufacturers in 1988 and for non-manufacturers in 1989), reporting facilities must submit reports on their inventories of hazardous chemicals. The reports, which cover the preceding year, can be submitted either on the Tier I or Tier II form. Though Title III requires the Tier I submission, facilities may opt for the Tier II instead. The Environmental Protection Agency strongly recommends submission of the Tier II. The Tier I and Tier II forms solicit similar information, including facility identification, types of substances by hazard category (see page 14 of Questions & An- swers), and amounts and locations of hazardous chemicals in storage. Tier I simply compiles the infor- mation by hazard category, whereas Tier II asks for specific details on each hazardous chemical. The Tier II form demands more data, but actually serves as a first step to the Tier I. The Tier II offers another advantage—updating your inventory upon receipt of a new hazardous chemical builds more easily from the Tier II base than from the Tier I. Therefore, while a Tier I report satisfies the law just as fully, you will probably choose to submit the Tier II in its place. By-passing the Tier I submission with the Tier II may save your company valuable time. HOW DO I REPORT-SUMMARY If you must report under community right-to-know— i.e. you store, use or produce chemicals, requiring maintenance of a Material Safety Data Sheet under the'Hazard Communication Standard, that are present at your facility in excess of the appropriate threshold, and are not exempt under Title III—then you must submit both Section 311 and Section 312 information. Section 311 • copies of the MSDSs of all those chemicals requiring reporting, OR • a single list of all those chemicals requiring reporting, grouped by hazard category, must be sent to the State Emergency Response Commission, Local Emergency Planning Committee and the local fire department, one time, with updates to reflect changes in your inventory. Section 312 • the aggregate Tier I information on all those chemicals requiring reporting, grouped by hazard category, OR • the chemical-specific Tier II data on all those chemicals requiring reporting, must be sent to the SERC, LEPC and the local fire department, annually every March 1. Because the inventory reports involve so much effort and provide such value, a detailed Question & Answer section focusing on the Tier I and Tier II forms is included at the end of this brochure. These hints coupled with the instructions on each form should cover all of your concerns. If not, then please contact either your LEPC or SERC, or the Emergency Plan- ning and Community Right-To-Know Information Line. All SERC addresses and that of the Information Line are noted in the Appendices. ------- How Will This Information Be Used? Now that you have fulfilled the reporting requirements of Sections 311 and 312, you understand the enormity of the information flow generated by Title III. With roughly 5 million facilities in the country as potential reporters, community n'ght-to-know will create a wealth of chemical information. Effective manage- ment and use of that data must follow. Exactly what groups and uses will community right-to- know reporting serve? As noted earlier, the lists (or Material Safety Data Sheets) of your reportable chemk^ls and your Tier II (or Tier I) data must be §ent to three recipients—the State Emergency Response Commission, the Local Emergency Plan- ning Committee and your iocal fire department. Each of these groups performs a role in Title III. The SERC Integrates all the chemical-user data gathered across the state, enabling the accomplishment of state-wide goals. The LEPC, including all the affected sectors in the community (your neighbors), develops emergency response plans for the community. Fire departments, who also participate actively in the planning phase, can learn methods and precautions required in various emergencies. And public health officials, though not direct data recipients, will gain from Title III information. The LEPCs' emergency response plans play the critical role in the Title III effort. These plans are designed to identify the major chemical dan- gers facing com- munities, so in the event of an accident, full knowledge of the hazards and proper emergency preparation will be readily available to the emergency responders. Com- munity right-to-know reporting suppports that process by collecting the essential data. In addition to the established groups in the Title III structure, there will be another key participant—the general public. Perhaps, most important of all, Title III gave the community its right-to-know about chemical Usage in the neighborhood. Even if you have no chemicals that trigger thresholds, you, the small business owner, may be required to provide your community with information about chemical usage and storage practices. Anyone can request your Material Safety Data Sheets and Tier II forms by writing their Local Emergency Planning Committee, and you have 30 days to respond. Just as the public can make requests beyond Title III reporting requirements, the State Emergency Re- sponse Commissions, Local Emergency Planning Committees and fire departments can ask for extra data on your chemicals, too. Only through broad access to chemical data can public officials plan fully for accidents and chart possible long-term health problems caused by hazardous chemicals. Though such right-to-know requirements can be burdensome, the value justifies the effort of the participants. TRADE SECRETS Trade Secrets In some manufacturing processes and business prac- tices, strict confidentiality must be maintained as pro- tection against competitor firms. Section 311 and 312 disclosures can threaten that secrecy. For this reason, companies can claim a chemical identity as a trade secret and modify this reporting requirement. Section 311 and 312 information must still be reported to the State Emergency Response Commission, Local Emergency Planning Committee and fire department, but the detail of the submission is reduced. A valid trade secret claim can protect the name of your hazardous chemical. Please note, since trade secrets can be claimed by suppliers, some downstream busi- nesses may find themselves lacking the specific chemical identity information on their hazardous chemicals. In these instances, businesses can simply use the trade name of the substance in reporting under Sections 311 and 312. They wiH not need to make a trade secret claim. 10 ------- Trade secret claims must be legitimate and must be substantiated upon submission of your community right-to-know information. This is accomplished through completion of a trade secret substantiation form, which you can obtain from EPA Headquarters in Washington, D.C. The actual trade secret claims and substantiations should be sent to the following address. Emergency Planning & Community Right-to-Know P.O. Box 79266 Washington, D.C. 20024-0266 In making any trade secret claims, please follow the guidelines in the Federal Register (see page 20) explicitly. Incorrect submissions will not only jeopard- ize your trade secret claim, but may also result in a fine. All justifications-safeguards taken to protect your secret, the harm incurred in the event of disclo- sure, and proof that no other federal or state law requires the information and that discovery of the secret is impossible through reverse engineering- must be sent to the address above. There are strict rules in making trade secret claims, and your requests may be challenged by the public or reviewed by the EPA, so deny access to data only under vital and certain circumstances. Trade secret claims found to be frivolous can result in a fine of $25,000. Conclusion Community right-to-know reporting creates many new responsibilities and tasks for you, the small business owner-from the time involved in reporting to any emergency planning duties resulting from your storage of extremely hazardous substances. How- ever, the value of the program justifies this endeavor. You and your community will benefit from enhanced safety. The emergency response plans developed from community right-to-know data will serve small businesses well. Now, in the event of an accident at your facility, fire fighters can protect you better; medical personnel can treat unusual chemical symp- toms faster; property and lives may be saved. Also, the communication channels between chemical users and the public will be more effective. Finally, Title III may teach you valuable lessons about the hazardous chemicals used at your business. In fact, you may decide to substitute certain less hazardous sub- stances for those you currently store, or you may simply improve your handling practices. And you can also avoid the costly fines threatened under Title III. Community right-to-know was designed to fill a void of knowledge concerning chemical usage in our neigh- borhoods. Many hazardous chemicals play indispen- sible roles in our society. We cannot completely eliminate the risks, but we can prepare adequately for accidents to minimize their danger. We must all work together through effective preparation to prevent or minimize the devastation of a severe chemical accident. In this challenge, small businesses, along with all the other participants in Title III, will play a part. The combined effort can enhance all of our lives. Saturday Remember Non-manufacturing facilities must report Section 311 data to the State Emergency Response Commission, Local Emergency Planning Committee and fire department by September 24, 1988. Section 312 reports will be due later. 11 ------- APPENDIX Questions & Answers Questions & Answers For Sections 311 and 312 Reporting 1. Do I have to submit both Tier I and Tier II forms? No. Title III requires facilities with reportable chemicals* to submit only the Tier I form to the State Emergency Response Commission, Local Emergency Planning Committee, and the local fire department. The Tier II form must be submitted only when these groups or the public request additional information. However, the Tier II form is actually a first step to the Tier I and serves as a useful worksheet for Tier I. Since Title III allows submission of the Tier II In place of the required Tier I, EPA recommends that facilities use the Tier II. This approach should ease your reporting effort. 2. How do I determine the "maximum amount"? I - • . ; , You should start with the Tier II form. On the Tier II form, you must consider the daily (weekly, monthly) amounts (in pounds) of each reportable chemical at your facility. The amounts should vary as shipments increase your inventory and regular use depletes it. The "maximum amount" occurs for each chemical when its storage level reaches its highest point for that year. Enter the appropriate two-digit code on the front of the form. The two-digit codes provide broad ranges (factors of ten) for indicating your storage levels. You need be no more exact than these ranges. Please note, reporting thresholds depend on the "maximum amount" (see page 6). If you do submit the Tier I, use the same procedure outlined above. Then for every reportable chemical, separate them into the five hazard categories (see page 14). Add up all of the "maximum amounts" for the chemicals in each hazard category. Chemicals that overlap several categories will be counted more than orice. Using this total, enter the appropriate two- digit code on the form for each of the five categories. Additional instructions are attached to both forms. 3. How do I calculate the "average daily amount"? Again, the Tier II form should be completed first. Weights of reportable chemicals may be measured daily, weekly or monthly as appropriate to your type of operation. On the Tier II form, for every reportable chemical, consider the number of days (weeks, months) that chemical is at your facility and compute its daily (weekly, monthly) storage weight. Then, total these numbers and divide by the number of days (weeks, months) the chemical is on-site. Enter the appropriate two-digit code for the "average daily amount." These codes offer broad ranges, and you need to calculate your "average daily amount" only to an exactness within these ranges. On the Tier I form, use the same procedure. Separate all of the reportable chemicals into their hazard categories. Then, total the "average daily amounts" of the chemicals in each category and enter the appropriate two-digit code on the form. Chemicals overlapping several categories will be counted more than once. 4. What is the Chemical Abstrract Service (CAS) number and where can I find it? The Chemical Abstract Service (CAS) number is requested on the Tier II form as an informational aid for the Local Emergency Planning Committees and State Emergency Response Commissions. Though many chemical labels do not display the CAS number, Material Safety Data Sheets should. Also, the List of Extremely Hazardous Substances and the List of Toxic Chemicals (Section 313) cite the CAS numbers of their chemicals. * "reportable chemical" refers to hazardous chemicals and extremely hazardous substances present at your facility in excess of the relevant reporting threshold and not exempt under the five exemptions of Title III. 12 ------- APPENDIX Questions & Answers For mixtures (which frequently do not have a spe- cific CAS number), note the CAS numbers of as many of the components in the mixture as possible. If you are unable to locate the CAS number for a chemical, then submit the form without it. This requirement should not stop you from reporting accurately. 5. How specific must I be in reporting "general location"? Is a site plan necessary? For both the Tier I and Tier II forms, you must indicate at least the building, lot, warehouse, shed, tank, field, etc. where the chemical is stored. On the Tier II form, where practical, the specific room in a building or quadrant of a field should also be noted. On the Tier I form, all the locations of each chemical contained in the hazard category must be reported. For example, if you store flammables in both ware- house A and lot C, cite both locations. The Environmental Protection Agency recom- mends that you use a site-plan to indicate where chemicals are stored at your facility. Simply copy the facility plans and mark all appropriate storage areas for your reportable chemicals. Show all symbols and abbreviations in a complete, clear notation key. If you submit Tier II information, you may request the LEPC, SERC and fire department to withhold location information from the public by using the "Confidential Location Information Sheet." 6. How do I convert. volumes of liquids and gases into weight (pounds)? Density of Water 8.3 pounds per gallon 2.2 pounds per liter Only the weight reported and not the The average weight of a full 55-gallon drum of chemicals is approximately 500 pounds of the substance needs to be weight of the container. Most gases and liquids are sold by the pound, and these weights should be noted on the label. If so, then the weight of liquids can easily be estimated by multiplying the weight of the liquid in a full container by the fraction of the volume remain- ing. If the liquid is not labeled in pounds, then you can calculate its weight by multiply- ing the volume of the liquid by its dehsity. The density (mass per unit volume) should be noted on the Material Safety Data Sheet. If not, then simply estimate the weight by the density of water. Be careful with your units of measure (gallons, liters, pounds, kilograms). If the weight of the gas is listed on the cylinder's label, base your calculation on this measure. You can obtain the "tare weight" (the weight of the cylinder without the gas) either from the label or by subtracting the listed weight of the gas from the total weight of the full cylinder. Knowing the tare weight, you can chart the weight of the gas remaining in the cylinder by sub- tracting the cylinder's tare weight from its total weight at that time. This procedure can be used for both liquified and fixed gases. If these methods fail, contact your supplier for assistance. 7. Hour can I locate my Standard Industrial Classi- fication code? My Dun & Bradstreet number? Every type of business can be categorized by a Standard Industrial Classification (SIC) code. These codes range in specificity from two digits to seven. Title III requires the four-digit number. If you are not familiar with your facility's code, then check the front of most Dun & Bradstreet publications, such as the Million Dollar Directory, which should be located in your public library. Every individual facility can be assigned a Dun & Bradstreet (D & B) number. These numbers code the facility for financial purposes. If you have a D & B number but have forgotten it, you can retrieve it from your local Dun & Bradstreet office (check the White Pages). If your facility does not subscribe to the D& B service, then you can obtain a "support number" from the Dun & Bradstreet center located in Allen- town, Pennsylvania (telephone: (215) 391-1886). 8. What if I fail to report under these require- ments? In addition to losing the benefits Title III offers your facility-—emergency response plans, improved public relations and potentially better management and chemical handling practices—failure to report can trigger costly fines. Under Title III, failure to submit the list of reportable chemicals or the appropriate 13 ------- APPENDIX Questions & Answers Material Safety Data Sheet (Section 311) results in penalties up to $10,000. Penalties associated with Tier I and Tier II information (Section 312) range as high as $25,000 per violation. All fines can be as- sessed on a daily basis. 9. What is a hazard category? How can I deter- mine the appropriate hazard category? Under Title III, there are five such physical (3) and health (2) categories—Fire Hazard, Sudden Release of Pressure, Reactivity, Immediate (acute) and Delayed (chronic). Hazard categories allow emer- gency responders to classify broadly the reportable chemicals present at your facility. Many employers are already familiar with the physical and health categories designated under the Occupational Safety and Health Administration's (OSHA) Hazard Communication Standard (HCS). In addition, many Material Safety Data Sheets note a hazardous chemical's appropriate OSHA hazard category. For these reasons, the chart on this page, comparing the Title III categories with the HCS categories should be useful. The link between Title Ill's five categories and the twenty-three of OSHA is not exact, so use caution as you report. Contact your supplier for any additional assistance. Hazard Category Comparison For Reporting Under Sections 311 and 312 Environmental Protection Agency's Hazard Categories Fire Hazard Sudden Release of Pressure Reactive Immediate (Acute) Health Hazard Delayed (Chronic) Health Hazard Occupational Safety and Health Administration's Hazard Categories Flammable Combustible Liquid Pyrophoric Oxidizer Explosive Compressed Gas Unstable Reactive Organic Peroxide Water Reactive Highly Toxic Toxic Irritant Sensitizer Corrosive Other hazardous chemicals with an adverse effect on a target organ that generally occurs rapidly as a result of short term exposure and with a short duration Carcinogens Other hazardous chemicals with an adverse effect on a target organ that generally occurs as a result of long term exposure and with a Jong duration 14 ------- APPENDIX Questions & Answers As noted in the text, Section 311 lists and Section 312 Tier I forms require you to compile information by category. 10. How do I respond to requests for information from the public? If a request for information from the public comes directly to you, you can supply the information if you wish, o_n you can refer the person to the LEPC. Under Title III, the Local Emergency Planning Committee (LEPC) serves as the channel for public access. Citizens can request both the Material Safety Data Sheets and the Tier II information on your hazardous chemicals. If a citizen requests information on a chemical already reported to the LEPC, then they can address the concern immediately. Otherwise, the LEPC will request the information from you. You will have 30 days to respond. Even information on those hazardous chemicals present below the reporting thresholds can be ob- tained by the public. Again, you have 30 days beginning with the date on which you receive any such request to respond. 11. Who can serve as an emergency contact? Anyone who can be reached at all times to aid re- sponders in the event of an emergency can serve as the emergency contact. Many small firms already post an emergency or "after hours" telephone number. That would be appropriate here. The emergency contact does not need to be an expert on chemical hazards, but must be able to act as a referral for responders. In case one emergency contact is not sufficient for 24-hour coverage, both the Tier I and Tier II forms have spaces for two emergency contacts. 12. Must I report a hazardous chemical that is on- site for less than 24 hours? Yes. Under community right-to-know reporting, any hazardous chemical on site for any length of time in excess of the established reporting threshold (and not exempt under Title 111) must be reported. 13. What is the List of Extremely Hazardous Sub- stances? How can I obtain a copy? The List of Extremely Hazardous Substances (EHS) currently contains 366 chemicals which present known acute health hazards. All of the chemicals are included under the Occupational Safety and Health Administration's definition of hazardous chemical— they are a subset. These chemicals were selected, as stipulated under Section 302 of Title III, as the priority chemicals of the emergency planning process. Due to this higher priority, these substances have a lower reporting threshold than other hazardous chemicals and also have chemical-specific threshold planning quantities, indicative of health concerns (see the text page 6). Facilities where extremely hazardous substances are present incur another responsibility, namely par- ticipating in the emergency planning process. Under Section 302, these facilities had to notify the State Emergency Response Commission (SERC). They were required to designate a facility contact and provide the name to the Local Emergency Planning Committee (LEPC). The initial List of Extremely Hazardous Sub- stances, published as a final rule in the Federal Register on April 22,1987, contained 406 chemicals. Since that time 40 chemicals have been delisted, 4 of which were noted in the Federal Register on Decem- ber 17,1987, and the other 36 in the Federal Register on February 25,1988. Updated lists can be compiled from these sources, or you can request them by writing your SERC, LEPC or from the Emergency Planning and Community Right-to-Know Information Hotline. These addresses are noted in the Appendix. 14. What do the storage codes "ambient" pres- sure and temperature, and "cryogenic conditions" mean? "Ambient pressure" means the pressure of the sur- rounding area. So, materials stored at ambient pressure are stored at the same pressure as that of the surrounding area. Most drums, bags, boxes, cans, etc. fit this category. Any gases stored in high- pressure containers should be reported as greater than ambient pressure. Similarly, ambient temperature means that the material is stored in the same temperature range as that of the surrounding area. Outdoor storage tanks that are heated or cooled to counter the variation in 15 ------- APPENDIX Questions & Answers temperature should also be classified as ambient. However, a tank maintained at a high (or low) tem- perature not ctose to the normal range of tempera- tures of the region should be noted as greater (or less) than ambient temperature. Some gases are stored under "cryogenic condi- tions," that is, they are stored at very low tempera- tures (-130 degrees Fahrenheit or less). Examples of gases that may be stored this way include air, argon, carbon monoxide, ethylene, fluorine, helium, hydrogen, methane, nitrogen and oxygen. For assistance in determining a chemical's storage conditions, contact your supplier or your local trade association. The Material Safety Data Sheet should also have some helpful data. 15. Do I have to report the hazardous compo- nents of a mixture? Under Title III, the owner of a facility can choose to report all the components of a mixture separately or the mixture as a whole. The decision is yours and should be made on the basis of the substances at your facility. For example, you can report the entire quantity of a particular paint stored at your facility as a bulk weight, noting the paint by its trade name in both the Section 311 and 312 reports. Alternatively, you could break down the various hazardous chemicals con- tained in the paint and calculate their respective weights. To do so, simply multiply the total weight of the mixture by the percentage composition of each hazardous chemical in the mixture. So, if compound A comprised 5% of the paint by weight, and the quantity of the paint at your facility was 10,000 pounds, then the amount of compound A would be 0.05 x 10,000 pounds, or 500 pounds. Again, the choice is yours. 16 ------- APPENDIX Addresses & Numbers STATE EMERGENCY RESPONSE COMMISSIONS Alabama Alabama Emergency Response Commission Department of Environmental Management 1751 Federal Drive Montgomery, Alabama 36109 (205)271-7700 Alaska Alaska Emergency Response Commission P.O. Box 0 Juneau, Alaska 99811 (907) 465-2600 American Samoa Territorial Emergency Manage- ment Coordination Office American Samoan Government Pago Pago, American Samoa 96799 International # (684) 633-2331 Arizona Arizona Emergency Response Commission Division of Emergency Services 5636 East McDowell Road Phoenix, Arizona 85008 (602) 244-0504 Arkansas Arkansas Hazardous Materials Emergency Response Commission P.O. Box 9583 8001 National Drive Little Rock, Arkansas 72219 (501) 562-7444 California California Emergency Response Commission Office of Emergency Services 2800 Meadowview Road Sacramento, California 95832 (916) 427-4201 Colorado Colorado Emergency Planning and Community Right-to- Know Commission Division of Disaster Emer- gency Services Camp George West Golden, Colorado 80401 (303) 273-1624 Commonwealth of Northern Mariana Islands Office of the Governor CNMI Saipan, CNMI 96950 International # (670) 322-9529 Connecticut Connecticut Emergency Response Commission Department of Environment Protection State Capitol Building Room 161 165 Capitol Avenue Hartford, Connecticut 06106 (203)566-4017 Delaware Delaware Commission on Hazardous Materials Department of Public Safety Administration Center Dover, Delaware 19901 (302) 834-4531 or 736-4321 District of Columbia Office of Emergency Preparedness 2000 14th Street, NW 8th Floor Washington, D.C. 20009 (202) 727-6161 Florida Florida Emergency Response Commission Florida Department of Community Affairs 2740 Centerview Drive Tallahassee, Florida 32399 (904) 487-4915 Georgia Georgia Emergency Response Commission Georgia Department of Natural Resources 205 Butler Street, SE Floyd Towers East Atlanta, Georgia 30334 (404) 656-4713 Guam Civil Defense Emergency Services Office Government of Guam P.O. Box 2877 Aguana, Guam 96910 FTS 550-7230 Hawaii Hawaii Emergency Response Commission Hawaii Department of Health Environmental Epidemiology Program P.O. Box 3378 Honolulu, Hawaii 96801 (808) 548-2076 or 548-5832 Idaho Idaho Emergency Response Commission Department of Health & Welfare State House Boise, Idaho 83720 (208) 334-5898 Illinois Illinois Emergency Response Commission Illinois Emergency Services & Disaster Agency Attn: Hazrnat Section 110 E.Adams Street Springfield, Illinois 62706 (217) 782-4694 Indiana Indiana Department of Environmental Management Emergency Response Branch 5500 West Bradbury Street Indianapolis, Indiana 46241 (317) 243-5176 Iowa Iowa Emergency Response Commission 301 East 7th Street Des Moines, Iowa 50319 (515) 281-6175. Kansas State Emergency Response Commission Kansas Department of Health and Environment Forbes Field, Building 728 Topeka, Kansas 66620 (913) 296-1690 Kentucky Kentucky Emergency Response Commission Kentucky Disaster and Emergency Services Boone National Guard Center Frankfort, Kentucky 40601 (502) 564-8682 Louisiana Louisiana Emergency . Response Commission Department of Transportation Environmental Safety Section P.O. Box 66614 Baton Rouge, Louisiana 70896 (504) 925-6113 Maine Bureau of Labor Standards Attn: SARA State Office Building Station 82 Augusta, Maine 04333 (207) 289-4291 Maryland Governor's Management Advisory Council Maryland Emergency Management & Civil Defense 2 Sudbrook Lane East East Pikesville, Maryland 21208 (301)486-4422 Massachusetts Title Three Emergency Response Commission Department of Environmental Quality Engineering One Winter Street Boston, Massachusetts 02108 SERC (617) 292-5851 LEPCInfo (617)875-1381 Michigan Michigan Department of Natural Resources Environmental Response Division Title III Notification P.O. Box 30028 Lansing, Michigan 48909 (517) 373-9893 17 ------- APPENDIX Addresses & Numbers Minnesota Minnesota Emergency Response Commission Division of Emergency ; Services State Capitol Room B-5 St Paul, Minnesota 55155 (612) 296-2233 Mississippi Mississippi Emergency Response Commission Mississippi Emergency Management Agency P.O. Box 4501 Fondren Station Jackson, Mississippi 39216-0501 (601) 352-9100 Missouri Missouri Emergency Response Commission Missouri Department of Natural Resources P.O. Box 3133 Jefferson City, Missouri 65102 (314) 751-7929 Montana ii Montana Emergency Response Commission Environmental Sciences Division Department of Health & Environmental Sciences Cogswell Building A-107 Helena, Montana 59620 (406) 444-3948 Nebraska Nebraska Emergency Response Commission Nebraska Department of Environmental Control Technical Services Section P.O. Box 94877 State House Station Lincoln, Nebraska 68509 (402) 471-4230 Nevada Nevada Division of Emergency Management 2525 South Carson Street Carson City, Nevada 89710 (702) 885-4240 or 885-5300 New Hampshire State Emergency Management Agency State Office Park South 107 Pleasant Street Concord, New Hampshire 03301 (603)271-2231 New Jersey New Jersey Emergency Response Commission SARA Title III Project Department of Environmental Quality CN-402 Trenton, New Jersey 08625 (609) 292-6714 New Mexico New Mexico Emergency Response Commission New Mexico Department of Public Safety P.O. Box 1628 Santa Fe, New Mexico 87504-1628 (505) 827-9226 New York New York Emergency Response Commission New York State Department of Environmental Conservation Bureau of Spill Prevention & Response 50 Wolf Road, Room 326 Albany, New York 12233-3510 (518) 457-4107 North Carolina North Carolina Emergency Response Commission Division of Emergency Management North Carolina Department of Crime Control and Public Safety 116 West Jones Street Raleigh, North Carolina 27611 (919)733-2126 North Dakota North Dakota State Department of Health 1200 Missouri Avenue P.O. Box 5520 Bismarck, North Dakota 58502-5520 (701) 224-2370 Ohio Ohio Emergency Response Commission Ohio Environmental Protection Agency Office of Emergency Response P.O. Box 1049 Columbus, Ohio 43266-0149 (614)481-4300 Oklahoma Oklahoma Emergency Response Commission Office of Civil Defense P.O. Box 53365 Oklahoma City, Oklahoma 73152 (405) 521-2481 Oregon Oregon Emergency Response Commission c/o State Fire Marshall 3000 Market Street Plaza Suite 534 Salem, Oregon 97310 (503) 378-2885 Pennsylvania Pennsylvania Emergency Response Commission SARA Title III Officer PEMA Response & Recovery P.O. Box 3321 Harrisburg, Pennsylvania 17105 (717)783-8150 Puerto Rico Puerto Rico Emergency Response Commission Environmental Quality Board P.O. Box 11488 Santurce, Puerto Rico (809) 722-1175 or 722-2173 Rhode Island Rhode Island Emergency Response Commission Rhode Island Emergency Management Agency State House M. 27 Providence, Rhode Island 02903 (401)421-7333 South Carolina South Carolina Emergency Response Commission Division of Public Safety Programs Office of the Governor 1205 Pendleton Street Columbia, South Carolina 29201 (803) 734-0425 South Dakota South Dakota Emergency Response Commission Department of Water & Natural Resources Joe Foss Building 523 East Capitol Pierre, South Dakota 57501-3181 (605) 773-3151 Tennessee Tennessee Emergency Response Commission Tennessee Emergency Management Agency 3041 Sidco Drive Nashville, Tennessee 37204 (615) 252-3300 (800) 258-3300 Texas Texas Emergency Response Commission Division of Emergency Management 5805 Lamar Austin, Texas 76752 (512)465-2138" Utah Utah Hazardous Chemical Emergency Response Commission Department of Health 288 North 1460 West P.O. Box 16690 Salt Lake City, Utah 84116-0690 (801)538-6101 Vermont Department of Labor and Industry 120 State Street Montpelier, Vermont 05002 (802) 828-2286 18 ------- APPENDIX Addresses & Numbers Virgin Islands U.S. Virgin Islands Emergency Response Commission Title III 179Altona St. Thomas, VI 00802 (809) 774-3320 Ext. 169 or 170 Virginia Virginia Emergency Response Council Department of Waste Management James Monroe Building 11th Floor 101 North 14th Street Richmond, Virginia 23219 (804) 225-2999 Washington Washington Emergency Response Commission Division of Emergency Management 4220 East Martin Way, Mailstop PT-11 Olympia, Washington 98504 (206) 753-5255 West Virginia West Virginia Emergency Response Commission Department of Natural Resources Capitol Building, Room 669 1800 Washington Street, East Charleston, West Virginia 25305 (304) 348-2754 Wisconsin Division of Emergency Governor 4802 Sheboygan Avenue Room 99A P.O. Box 7865 Madison, Wisconsin 53707 (608) 266-3232 Wyoming Wyoming Emergency Management Agency Comprehensive Emergency Management 5500 Bishop Boulevard P.O. Box 1709 Cheyenne, Wyoming 82003 (307) 777-7566 EPA REGIONAL OFFICES 4 - Alabama 10 -Alaska 9 - American Somoa 9 - Arizona 6 - Arkansas 9 - California 8 ~ Colorado 9 — Commonwealth of Northern Mariana Islands 1 ~ Connecticut 3 - Delaware 3 - District of Columbia 4 - Florida 4 - Georgia 9 - Guam 9 - Hawaii 10 -Idaho 5 - Illinois Region - State 5 - Indiana 7 - Iowa 7 - Kansas 4 - Kentucky 6 - Louisana 1 — Maine 3 - Maryland 1 -- Massachusetts 5 - Michigan 5 - Minnesota 4 - Mississippi 7~ Missouri 8 - Montana 7 - Nebraska 9 - Nevada 1 - New Hampshire 2 - New Jersey 6 - New Mexico 2 - New York 4 - North Carolina 8 - North Dakota 5 - Ohio 6 - Oklahoma 10- Oregon 3 -- Pennsylvania 2 - Puerto Rico 1 - Rhode Island 4 — South Carolina 8 — South Dakota 4 — Tennessee 6 - Texas 8 - Utah 1 - Vermont 2 - Virgin Islands 3 - Virginia 10 -Washington 3 - West Virginia 5 -- Wisconsin Contact the Preparedness Coordinator at the Regional Office Region 1 EPA - Region 1 New England Regional Laboratory 60 Westview Street Lexington, MA 02173 (617) 860-4300 Ext. 221 Region 2 EPA - Region 2 Woodbridge Avenue Edison, NJ 08837 (201)321-6656 Region 3 EPA - Region 3 841 Chestnut Street Philadelphia, PA 19107 (215) 597-0807 Region 4 EPA - Region 4 345 Courtland Street, NE Atlanta, GA 30365 (404) 257-3931 Region 5 EPA - Region 5 230 South Dearborn Street Chicago, IL 60604 (312) 886-1964 Region 6 EPA - Region 6 Allied Bank Tower 1445 Ross Avenue Dallas, TX 75202-2733 (214) 655-2270 Region 7 EPA - Region 7 726 Minnesota Avenue Kansas City, Kansas 66101 (913) 236-2806 Region 8 EPA - Region 8 One Denver Place 999 18th Street Suite 1300 Denver, CO 80202-2413 (303) 293-1723 Region 9 EPA - Region 9 215 Fremont Street San Francisco, CA 94105 (415) 974-7460 Region 10 EPA - Region 10 1200 6th Avenue Seattle, WA 98101 (206) 442-1263 19 ------- APPENDIX Acronyms & Terms Acronyms with page number where the acronym first appears CFR - Code of Federal Regulations p. 21 D & B - Dun & Bradstfeet. p. 13 EHS - Extremely Hazardous Substances p. 6 EPA - Enyiroornental Protection Agency p. 5 FDA -- Food and Drug Administration p. 5 HCS - Hazard Communication Standard p. 3 LEPC - Local Emergency Planning Committee p. 6 MSDS -- Material Safety Data Sheet p. 3 OSHA - Occupational Safety and Health Administration p. 3 Q & A - Questions & Answers p. 6 SARA - Superfund Amendments and Reauthorization Act of 1986 p. 1 SERC -- State Emergency Response Commission p. 6 Sip ~ Standard Industrial Classification code p. 3 Title III - Title III of the Superfund Amendments and Reauthorization Act of 1986 p. 1 TPQ -- Threshold Planning Quantity p. 6 Terms with introductory page and/or key pages of discussion ambient pp. 15,16 Average Daily Amount p. 12 Chemical Abstract Service Number pp. 12,13 Community Right-to-Know pp. 2,3,10 cryogenic p. 16 Dun & Bradstreet Number p. 13 emergency contact p. 15 emergency response plan pp. 1, 2,10 extremely hazardous substance pp. 5, 6,15 hazard category pp. 8, 9,14 hazardous chemical pp. 3, 5 List of Extremely Hazardous Substances pp. 6,15 Local Emergency Planning Committee p. 7 manufacturer pp. 3,4, 7 Material Safety Data Sheet pp. 3, 5, 7-9 Maximum Amount pp. 6,12 mixture pp. 13,16 non-manufacturer pp. 3, 4, 7 reportable chemical p. 12 Sections 311 and 312 pp. 1,2, 7-9 Standard Industrial Classification code pp. 3,4,13 State Emergency Response Commission p. 7 threshold pp. 5, 6 Tier I and Tier II forms pp. 7-9,12 Title III p. 1 trade secret pp. 10,11 Worker Right-to-Know p. 3 20 ------- APPENDIX Further Information For Further Information Emergency Planning & Community Right-to-Know Information Hotline Emergency Planning & Community Right-to-Know U. S. Environmental Protection Agency OS-120 401 M Street, S.W. Washington, D.C. 20460 For all document requests, please write the Hot- line at the above address. (800) 535-0202 (202) 479-2449 in Washington, D.C. Other questions and inquiries can be addressed by phone. The final rule for Sections 311 and 312 of the Emer- gency Planning and Community Right-to-Know Act of 1986 was published in the Federal Register on Octo- ber 15,1987. It contains a detailed discussion of the reporting requirements of Sections 311 and 312, the Tier I and Tier II report forms, and instructions for these forms. "Emergency and Hazardous Chemical Inventory Forms and Community Right-to-Know Reporting Requirements; Final Rule" Federal Register October 15,1987; 40 CFR Part 370. Environ- mental Protection Agency. The final rule on Trade Secrets was published in the Federal Register on July 29,1988; 40 CFR Part 350: "Trade Secrecy Claims for Emergency Planning and Community Right-to-Know Informa- tion." For additional information on the OSHA Hazard Communication Standard, contact your local OSHA Area Office. If you do not know the Area Office location or telephone number, contact the OSHA Office of Information Consumer Affairs at (202)523-8151. 21 ------- APPENDIX Example & Samples Example of a Hypothetical Facility The owner of a hypothetical facility has five substances for which he maintains Material Safety Data Sheets. None of these substances are exempt under the five Title III exemptions. As a result, he must calculate their maximum amounts to determine if the substances trigger the reporting thresholds. The owner considers whether each substance is an extremely hazardous substance or simply a hazardous chemical, and whether it is a mixture. Then, the substance's largest storage level at the facility (maximum daily amount) must be determined. This process must be performed once (with any necessary updates) for Section 311 and annually for Section 312 (sample on page 22). chemical) by weight. The owner always keeps twenty-five 55- gailon drums of "Stick-E", and no more, on-site. Instead of calcu- lating the components of the mixture individually, the owner chooses to report this industrial glue as a product. Its maximum amount of 12,500 pounds exceeds the threshold for hazardous chemicals (10,000 pounds). The owner must report "Stick-E". MDA = 25 drums X 500 Ibs = 12,500 Ibs ADA = 25 drums X 500 Ibs = 12,500 Ibs Hazards: fire, immediate, and delayed Calculations I, Chloroform is an extremely hazardous substance (EHS) stored at the facility in two 55-gallon drums.* With two drums (1,000 pounds), the facility exceeds the threshold for EHS (500 pounds or the threshold planning quantity (TPQ), whichever is lower), even though the TPQ for chloroform is 10,000 pounds. One drum is used at the main plant, and a back-up is kept at the warehouse. Maximum Daily Amount (MDA) = 2 drums X 500 Ibs = 1,000 Ibs Average Daily Amount (ADA) = (1 full drum +• 1 half-filled drum) X 500 Ibs = 750 Ibs Hazards'. Immediate, delayed, and sudden release of pressure II. Chlorine is an EHS stored at the facility in as many as eight 50- pound cylinders. The maximum amount is 400 pounds. Although present in a quantity less than 500 pounds, the chlorine must be reported because that TPQ is just 100 pounds. The owner has chlorine bn-site only six months of the year and on average has bnfy five cylinders. MDA - 8 cylinders X 50 Ibs = 400 Ibs ADA * 5 cylinders X 50 Ibs = 250 Ibs Hazards: immediate, reactivity, and sudden release of pressure HI. "Slick-E" is a mixture containing 2% toluene (a hazardous IV. "Solvent-C" is a mixture with 0.5% tabun (an EHS) by weight. It is stored at the facility in two 55-gallon drums. Though tabun's TPQ is a mere 10 pounds, when it is calculated as a component of the mixture, the maximum amount is only 5 pounds—less than 500 pounds and the TPQ. The owner does not report "Solvent-C". MDA = 0.005 X 2 drums X 500 Ibs = 5 Ibs V. Turpentine is a hazardous chemical stored at the facility in a 1,000-gallon tank. The density of turpentine is less than water's density (0.87 g/cc versus 1.00 g/cc), so the owner can use the density of water (8.3 Ibs/gallon) to estimate the weight of the tur- pentine in the tank. Since the tank is 1,000 gallons, the maximum amount is less than 8,300 pounds. Hie owner does not report. MDA = 8.3 Ibs/gallon X 1,000 gallons = 8,300 Ibs NOTE: This example is not intended to replicate any specific facility nor any standard handling practices for the substances cited. Also, "Stick-E" and "Solvent-C" are both fictitious trade names. * An average 55-gallon drum of chemicals weighs approximately 500 pounds Section 311 List Fire Hazardous Chemical Sudden Release Reactivity Immediate Delayed of Pressure Health Hazard Heallth Hazard chloroform chlorine "Stick-E" X X Note: Neither the amount of the substance nor its location at the facility is noted on the Section 311 submission. The list (or the Material Safety Data Sheets) of the reportable substances at a facility must be submitted to the State Emergency Response Commission, Local Emergency Planning Committee and local fire depart- ment once, with any necessary updates, (see pages 7-9) 22 ; -&U.S,GOVERNMENT PRINTING OFFICE:|939-617-003/O4875 ------- |