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
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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
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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
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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.
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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.
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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.
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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.
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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
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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.
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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)
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