United States Office of Toxic Substances (TS-799) September 1990
Environmental Protection Washington, DC 20460 EPA 560/1-90-001
Agency
Program
Recommendations
for State Section 313
Program Coordinators
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United States Office of Toxic Substances (TS-799) September 1990
Environmental Protection Washington, DC 20460 EPA 560/1 -90-001
Agency
Program
Recommendations
for State Section 313
Program Coordinators
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Table of Contents
Page
Introduction 1
A. Background 3
B. Methodology 5
C. How to Use This Guide 5
II. Overview
III. The Basics 10
A. Data Management 10
B. Responding to Inquiries 11
C. Section 313 Program Development 15
D. Keeping Up-to-Date 18
IV. Beyond the Basics 20
A. Data Management 20
B. Responding to Inquiries 25
C. Section 313 Program Maintenance 29
D. Augmenting Existing Programs 33
E. Compliance and Enforcement 34
V. Advanced Capabilities/Applications 38
A. Internal Planning and Priority Setting 38
B. Use of Section 313 Data for Pollution Prevention Programs 38
C. Augmenting Exisung Programs 40
D. Natural Resource and Public Health Protection 41
E. Summary 42
Exhibits:
Exhibit 1 - Sections of EPCRA 4
Exhibit 2 - EPCRA Enforcement Authorities 35
Appendices:
A. State Section 313 Program Coordinators
B. U.S. EPA Regional Section 313 Program Coordinators
C. References
D. Example of State-U.S. EPA Region Memorandum of Understanding
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1. INTRODUCTION
Acting out of concern for the public's exposure to potentially harmful
chemicals that are manufactured, processed, stored, or released in their communities,
as well as to increase communities' preparedness in the event of chemical accidents,
the U.S. Congress passed the Emergency Planning and Community Right-to-Know
Act of 1986 (EPCRA, also referred to as Title III of the Superfund Amendments and
Reauthorization Act). EPCRA established a variety of new reporting and planning
requirements that (1) collect a vast amount of information on the use, storage, and
release of toxic chemicals to be used by federal, state, and local programs and
officials; and (2) increase public participation in emergency planning and
environmental protection by making the most of the information publicly available.
Section 313 of EPCRA requires U.S. manufacturers to report annually (on the
standardized "Form R") estimates of toxic releases and transfers from their facilities.
The U.S. EPA database containing this release information is referred to as the Toxic
Release Inventory (TRI). In the first filing year, 1987, more than 19,000
manufacturing facilities submitted Form Rs. More than 22 billion pounds of TRI
chemicals (including 12 billion pounds of sodium sulfate, which has since been deleted
from Section 313 reporting because of its limited toxicity) were released to the
environment or were transferred off-site for treatment or disposal during calendar
year 1987. Excluding sodium sulfate, approximately one quarter of the emissions
were released to the air (25 percent), one quarter were placed in land disposal sites (23
percent), and one quarter were transferred off-site (24 percent). The remaining 2.9
billion pounds of releases were discharged to public sewer systems (8 percent),
discharged directly to surface waters (5 percent), or injected into underground wells
(14 percent). While these figures provide an indication of the national picture, the
concerns of most of the public are with environmental or health risk issues at their
own regional, state, or local level.
State-level Section 313 programs are in the best position to play an essential
role in providing release information to, and interpreting the information for, the
public. Some state environmental protection and public health programs have used
information gathered under Section 313 quite actively for their own local
environmental needs. By providing information and references, this manual is
intended to help state Section 313 Program Coordinators enhance the basic elements
of their existing programs and to help states set up programs where none currently
exist.
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As Administrator Reilly has pointed out, the information reported by industries
under Section 313 offers states a multimedia, facility-oriented database with which
to pursue a number of goals. A short, and by no means exhaustive, list of the uses and
advantages of Section 313 information follows:
Section 313 data can be used to augment existing environmental
protection programs in air, water, and municipal and hazardous waste.
For example, such programs can utilize Section 313 for permit
verification, for determining new permit tolerances, and for
comparisons with their own databases. Another use of Section 313
information is to identify publicly-owned treatment works (POTWs)
receiving substantial toxic loadings from manufacturers which should
be added to the pretreatment program. Section 313 information need
not supplant databases maintained by state or federal programs for
regulatory purposes, but can be used to supplement them.
Section 313 data can be used to develop new programs such as those
designed to inventory and control sources of air toxics.
Section 313 data is a useful planning and priority-setting tool for
environmental and public health programs.
Section 313 information, in conjunction with other chemical use and
storage information required under EPCRA, enables individuals and
groups to draw a profile of chemicals in their community and to use
this as a tool to address local concerns about potential risks.
Facility-oriented reporting (e.g., Section 313 release information)
focuses pollution control efforts on emissions to ajl media and supports
development of pollution prevention initiatives. Too often, pollutant
controls that are limited to one medium shift emissions to another
medium rather than reducing or eliminating total emissions of toxics.
A number of states have used Section 313 information as a starting
point for developing pollution prevention programs and are using 1987
and 1988 submissions as a baseline measure of emissions for comparison
with future reductions.
Section 313 increases public scrutiny of industry. In addition,
anecdotal evidence suggests that collecting the information needed to
complete Form R has increased industry's attention to process changes
and housekeeping improvements that reduce emissions.
As data quality improves and computer modeling and mapping software
become more available, Section 313-type reporting can be incorporated
into geographic information systems (GIS) and other analytic systems
to assess proximity of pollution sources to sensitive resources (such as
drinking water supplies) and exposed populations, and to model
exposures and to perform risk screening.
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A. Background
When Congress passed the Superfund Amendments and Reauthorization
Act (SARA) in 1986, they altered the relationships between U.S. EPA, the states,
industry, and the public. Title III of SARA, also known as the Emergency
Planning and Community Right-to-Know Act of 1986 (EPCRA), required those
companies which manufacture, process, or use certain toxic chemicals and
compounds to report information on the uses, storage, and releases of those
substances. Each state was required to establish a State Emergency Response
Commission (SERC) and emergency planning districts. Indian Tribes could set
up a comparable commission or enter into cooperative agreements with states.
The SERCs' major roles are to supervise and coordinate development and revi-
sions of emergency plans drawn up for each planning district and to establish
procedures for making plans and filing information publicly available. Local
Emergency Planning Committees (LEPCs) are responsible for developing the
emergency response plan for their district. In essence, the LEPC members serve
as contacts for the public, and the Committees carry out most EPCRA programs
and activities at the local level. The LEPCs must include a diverse membership,
ranging from elected officials to local hospital and transportation personnel to
owner/operators subject to EPCRA reporting requirements. Facility
owner/operators must also notify the LEPC in the event of an emergency --an
accidental or unintentional release at the facility. Under Sections 311 (Material
Safety Data Sheets) and 312 (Emergency and Hazardous Chemical Inventory
Forms), companies must submit specific information about the types and amounts
of chemicals stored on-site at a facility to the SERC, LEPC, and local fire
department. Through these sources, the public may have access to this facility
specific information. Section 313 of EPCRA responds to Congressional concerns
that the public has the right to know what chemicals are being manufactured,
processed, and released (routinely and accidently) by facilities in their
community. Section 313 requires that manufacturers with ten or more employees
report estimates of annual releases and transfers of over 320 toxic chemicals
meeting certain thresholds and requires that the U.S. EPA create the Toxics
Release Inventory (TR1). This information is to be made publicly available by
numerous access systems. In addition to enhancing local emergency response
capabilities, Congress expected that the release information would be used as a
planning tool to prioritize environmental protection efforts. The various Sections
of EPCRA are listed in Exhibit I.
Generally, EPCRA requires manufacturers to submit chemical use, storage,
and release information. This information is used by federal and state
governments, LEPCs, individual citizens, environmental groups, and industry to
improve, and increase public participation in, emergency planning and
environmental management. However, Section 313 differs markedly from the rest
of EPCRA programs in that it collects information about ongoing routine and
accidental releases of toxics to the environment.
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Exhibit 1.
Sections of the Emergency Planning and Community Right-to-Know Act of 1986
Title III of Public Law 99-499
Section 300 Short title; table of contents
Subtitle A Emergency Planning and Notification
Section 301 Establishment of State commissions, planning districts, and local committees
Section 302 Substances and facilities covered and notification
Section 303 Comprehensive emergency response plans
Section 304 Emergency notification
Section 3.05 Emergency training and review of emergency systems
Subtitle B - Reporting Requirements
Section 311 Material safety data sheets
Section 312 Emergency and hazardous chemical inventory forms
Section 313 Toxic chemical release forms
Subtitle C General Provisions
Section 321 Relationship to other law
Section 322 Trade secrets
Section 323 Provision of information to health professionals, doctors, and nurses
Section 324 Public availability of plans, data sheets, forms, and followup notices
Section 325 - Enforcement
Section 326 Civil Actions
Section 327 Exemption
Section 328 Regulations
Section 329 Definitions
Section 330 Authorization of appropriations
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B. Methodology
In order to gather the essential information needed for this manual, U.S.
EPA held meetings with sixteen state Section 313 Coordinators. In four days of
discussions, the Coordinators covered practically all aspects of their programs.
The discussion topics included:
Structure and Development of Section 313 Programs
Use of Section 313 Information
Community Outreach and Industry Outreach Activities
Support for Interpretation of Section 313 Data
Compliance and Enforcement of Section 313 Requirements
The state Coordinators attending the colloquia provided information about
program goals, structure and location, funding issues, activities currently
undertaken, program elements that have worked well, problems that have been
encountered, and solutions to those problems. They also discussed the constraints
and opportunities that result from the lack of explicit roles for Section 313
programs. In addition, U.S. EPA personnel, both at headquarters and in all ten
regional offices were interviewed. This manual distills the most relevant
information, approaches, and experiences of the participating state Section 313
Coordinators and EPA personnel.
C. How to Use This Guide
The format of this guide parallels the logic that Coordinators follow when
developing a state-level Section 313 program; it is not a cookbook approach to
program development. Since state Section 313 programs will benefit if program
elements are developed with thought as to how the individual elements support
the overall goals of the program, it is suggested that Section 313 Coordinators and
staff read through the manual once to get an idea of what has been tried by other
states and what can be done with a Section 313 program. Section II (Overview)
provides some important considerations and limitations for planning and goal-
setting. Sections HI (The Basics), IV (Beyond the Basics), and V (Advanced
Capabilities) present the "how-to" of various program elements. A Coordinator's
ability to expand and increase the sophistication of a state Section 313 program
is, to a large extent, constrained by the level of available resources. While not
under the direct control of the Section 313 Coordinator, funding and general
program support are influenced by factors that he/she has some control over.
These factors include: selecting Section 313 staff with expertise and knowledge
of the Section 313 data and program, documenting the need for the program (e.g.,
the number of Form Rs received and public interest), and developing the
organizational structure of the state Section 313 program. The "how-to" sections
focus on those factors that Coordinators have direct control over.
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The division of these three "how-to" sections is based primarily on the level
of resources available.
The Basics offers ideas for Section 313 program development related to
data management, responding to inquiries, and program development.
Beyond the Basics considers how the same activities, such as data
management, can serve more programs, thereby increasing the use of
Section 313 information. In addition, this chapter presents activities that
can enhance and otherwise support the basic functions of the Section 313
program.
Advanced Capabilities presents more sophisticated and varied uses of
Section 313 data. Quite naturally, these capabilities and applications serve
not only Section 313 program goals but also support the work and goals of
other environmental protection and public health offices.
Finally, a variety of resources are presented in the Appendices. These
include a list of state Section 313 Coordinators (Appendix A), a list of U.S. EPA
Regional Section 313 Coordinators (Appendix B), references (Appendix C) on
topics ranging from personal computer (PC) software to risk communication, and
an example of a memorandum of understanding between state and U.S. EPA
Regional Section 313 programs (Appendix D). Because state Section 313 programs
are changing so rapidly, personal contact with others working with Section 313
programs may offer the best opportunity to bring your program staff up-to-date.
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II. OVERVIEW
At a minimum, state Section 313 Coordinators are legally responsible for
accepting Form Rs and making them available to the public. Beyond that,
Coordinators are in a unique position to extend the influence of their state Section
313 program by focusing public and state agency (environmental protection and
public health) attention on the importance and usefulness of multimedia facility-
oriented emissions reporting.
Prior to developing program goals, Coordinators must consider how the
organizational setting of the Section 313 office affects their responsibilities and
the operations of the Section 313 program. In some states the Section 313 office
is located within the environmental protection agency. In others, all EPCRA
programs are located in one agency (e.g., emergency planning, fire marshal, civil
defense, environmental protection, or community development) or under the state
emergency response commission (SERC). There are advantages and disadvantages
to each of these locations. State agencies other than the host agency might be
interested in using Section 313 information, but first must be made aware of its
availability. Regular briefings of contact individuals at other state agencies
accomplish two things:
keeping other offices aware of new developments in the state's Section
313 program; and
enhancing the referral network of expertise within the state that Section
313 staff can use.
In addition to coordinating Section 313 program activities with other state
agencies, Coordinators are responsible for ensuring that the Section 313 program
has the necessary legal authority to carry out program activities and that this
authority does not conflict with existing state right-to-know laws.
It is important that a Coordinator develop program goals early in the
process. Setting goals first will also help guide any program expansion in the most
efficient way. One goal that Section 313 programs can be used to support is the
improved coordination of environmental reporting across media. For example,
some states (e.g., CA, IL, KS, NY, and RI) entered only a portion of the Form R
information (the release data) but also entered facilities' mailing addresses so that
the database could be used to generate a mailing list for Title III as well as other
regulatory programs, such as air, water, and hazardous waste. The additional task
of entering the mailing addresses increased the front-end level of effort, but
made the state database more useful. While all future uses cannot be anticipated,
good program planning means looking at the larger picture. Time should be taken
to discuss program goals with superiors and others whose support would be essential.
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Once a program's goals have been developed, a Coordinator serves as
advocate and spokesperson for the state Section 313 program. In these roles, the
Coordinator promotes the value of Section 313 information and the importance
of the state Section 313 program. As with any new program, it is important to
provide others whose support is needed with a vision of what the Section 313
program can accomplish and to educate them about the staff and available data.
Much of program promotion is an educational process. For example, Kansas'
Section 313 Coordinator provides all state legislators with emissions data for their
districts along with a description of the state's Section 313 program and its goals.
In response, several legislators have participated in local forums assembled to
discuss release information for the community and the Section 313 program.
Informing office directors within the state's environmental protection and public
health agencies is usually a less formal process, but equally important.
This manual also describes a number of innovative uses of Section 313
information. A major advantage of Section 313 is that it is the first national
reporting requirement to cover multimedia facility-based release information.
Such facility-based reporting is expected to be used more frequently in the future
because of the advantages for pollution prevention initiatives and for management
of all releases from a facility. The facility identification section of Form R
enables environmental managers to use geographic information systems (using
locational information in Question 3.6) and to integrate Section 313 information
with other environmental databases (e.g., using identification numbers from Form
R).
As with most new databases, there are disadvantages associated with
Section 313 information. Confusion about how to complete Form R led to some
inaccurate submissions. In addition, because the procedures and information used
to estimate toxic releases vary from facility to facility, the estimates themselves
contain a degree of uncertainty (Recent audits found that release estimates are 90
percent accurate.). In fact, properly submitted data may legitimately vary widely
depending upon the estimation methods used. The U.S. EPA's computer version
(the Toxics Release Inventory System, TRIS), which includes all Section 313
information for the U.S., contains less than two percent data entry errors. Also,
U.S. EPA's data normalization efforts are designed to maximize the usability of
the national TRI data (e.g., making sure all facilities are linked year-to-year,
insuring that county names are spelled consistently, etc.). To minimize the
number of submitter and data entry errors, U.S. EPA has undertaken a wide
variety of quality assurance projects in the past year and plans continued
emphasis in this area.
Another factor relating to the national database is timing. Because U. S.
EPA is required by statute to enter the data for the entire U.S., and because of
the extensive variety of data quality and data normalization activities which U.S.
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EPA undertakes, availability of the entire database takes longer than is the
situation for an individual state entering only a portion of the data for that state
alone. There may be situations where it is useful for states to create their own
databases, while at the same time utilizing the national database. States do,
however, have access from the time data is uploaded to EPA's mainframe to the
Toxic Release Inventory data, and so should carefully consider whether the use
of resources to create a state database is the most effective use of state resources.
There are also limitations associated with using Section 313 information.
U.S. EPA's Toxic Chemical Release Inventory Risk Screening Guide outlines how
Section 313 information can be used to compare the significance of releases from
various sources (e.g., facilities, chemicals, geographic areas) to one another to set
priorities for further investigation. Release information alone, without
knowledge of chemical toxic effects, and the potential for exposure, is not
adequate to predict risks. Even when this type of information is available, there
still are usually not enough data to predict quantitative risks. A quantitative risk
assessment requires additional information, such as environmental fate and
transport of releases, pollutant release patterns and characteristics (duration,
frequency, stack or outfall parameters, etc.), characteristics of potentially exposed
populations (size and distribution), and monitoring data. In most cases, these data
can only be collected through significant additional effort. A quick review of the
TRI data is not adequate to develop sound risk information needed to effectively
communicate with the public. Consequently, all users of the data should be
informed about these issues.
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III. THE BASICS
A. Data Management
Under EPCRA, states must, at a minimum:
(1) receive Form Rs from manufacturing facilities in their state; and
(2) maintain the information and provide public access to the
information.
These are the only mandated functions for a state Section 313 program. In
response, most states have organized a filing system for the Form Rs they receive.
Since most state programs have little or no resources available, they probably will
not be able to support a sophisticated data management system. Instead, these
programs focus on forms management. Most individuals requesting information
from Form Rs are interested in just one community or facility. For that reason,
Form Rs should be filed in the most accessible manner for individual requests.
Alphabetical filing by county, municipality, and submitter's name organizes the
files according to location, which is the most prevalent type of request.
It is important that the forms be reviewed prior to filing to ensure that
they are complete. Frequently, the first two pages of Form R are submitted only
once and not with the forms for every chemical as they should be. Unless access
is restricted to staff familiar with the form, the first two pages should be
duplicated for each chemical. However, forms that are duplicated and do not
have original signatures are not legally valid submissions. Currently, U.S. EPA's
notices of noncompliance (NON) require that any resubmission be sent to the state
Section 313 office as well as to the federal Section 313 program. To help state
programs detect whether facilities in their states have filed Form Rs with both the
state and federal Section 313 programs, U.S. EPA can generate printouts of
facilities that, to date, have submitted Form Rs to the federal Section 313
program. States can then compare this printout with their own list of submitters.
Verification procedures are discussed further in Beyond the Basics.
Access Protocols
Even though the U.S. EPA keeps the original Form Rs, consideration
should be given to maintaining the integrity of the state files to avoid possible
misfiling, loss, or theft. The simplest solution is to establish access protocols
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similar to those used for public access files elsewhere in the agency. If such
protocols exist, it is probably better to copy that system rather than introduce a
new set of rules. Systems that are used include:
Requestors have access to files under supervision of Section 313 staff.
A deposit or driver's license is required in order to receive files.
Only Section 313 staff have access to files and will copy the pages of
interest. Files are not to leave the area.
A duplicate of each Form R is made. Only Section 313 staff have
access to the master file. The other file is available for internal and
external requests with little oversight.
Alternative access procedures may be needed for groups and individuals
(e.g., press, public interest groups, academia, consultants) interested in a large
portion of the file or the entire file. In these cases, the manpower and resources
are usually provided by the requestor, but protocols need to be established to
ensure that the file is returned in the same condition and that others have access
to the files while they are being used.
Recouping Costs
Recouping the costs of duplication and staff time spent on fielding public
requests serves two functions. If collected funds are kept by the Section 313
program, it defrays Section 313 program operating costs. In addition, it deters
excessive requests for duplication and staff time. Some state programs charge
from 10 to 25 cents per page for duplication.
B. Responding to Inquiries
Inquiries from the Public
EPCRA is intended to foster public interest in the emissions from
industries in a community. The Section 313 Coordinator, by virtue of being the
keeper of the Form Rs, will be asked to answer questions about the information
contained in Form R and will be asked to interpret that information. The ability
of the Section 313 program to respond to public inquiries depends on a number
of factors. Coordinators often feel that their response capabilities are limited by
the level of resources available to the program. However, response capabilities
also depend upon the technical knowledge of the Coordinator and Section 313
staff, their knowledge of Section 313 and the TRI, the network of support from
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other environmental and health professionals that has been established, and the
views of other environmental protection officials in media and planning offices.
Among the questions commonly asked are:
"What kind of chemical emissions are there in my town?"
Most individuals want to know what your office can tell them about
environmental exposures in their community. Unless monitoring has been
completed, it will not be possible to assess ambient exposures in a community.
Often, however, supplying the Form R release information is a satisfactory first
response. For that reason, callers should be prompted as to whether they would
like a copy of the release information contained in Form R (for a particular
community or facility). Callers may also be provided with copies of the relevant
Hazardous Substances Fact Sheets. For those simple requests that require no
interpretation of the Form R, mailings can be done by clerical staff. Many states
include copies of brochures describing Section 313 and TRI (available from U.S
EPA through the regional offices) in all such mailings.
"Is this release harming me or my family?"
By now, most Coordinators are accustomed to being asked for interpreta-
tion of the release information. The public first must be told that Section 313
information does not contain everything needed to complete a risk assessment but
Section 313 staff can provide information about the toxico'logical hazards of 313
releases and may be able to assess the likelihood (but not the magnitude) of
exposure. One way to build up the necessary expertise to answer technical, and
risk- and exposure-related inquiries is to organize a network of technical and
public health professionals in state offices and federal agencies who are willing
to serve as contacts for the Section 313 program. Expertise in the following areas
is needed to respond to inquiries:
Data Analysis:
Computerization and manipulation of Form R information
Computer access (to national computer systems and databases) methods
Technical:
Permit information (air, water, hazardous waste)
Pollution control
Pollution prevention audits
Exposure Analysis:
Air modeling and monitoring
Ground and surface water dispersion modeling and monitoring
Hazardous waste transport and handling
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Risk Analysis:
Hazard assessment of chemicals
Risk assessment
Geographic "hotspots"
Wildlife and ecosystem effects assessment
The Coordinator's role ma\ be to field as many inquiries as possible using
the expertise of Section 313 staff and to direct all other inquiries to the
appropriate person in the Section 313 network of professionals. Several states log
inquiries and track referrals in order to demonstrate the program's efforts, to
monitor the burden on staff involved in the network, and to identify areas of
expertise that may need to be added or strengthened. In addition, because the
public may find it difficult to locate the Section 313 office, other state agencies,
other offices within the host agency, Local Emergency Planning Committees
(LEPCs), and private environmental and public service groups should be educated
about Section 313 reporting requirements, the state Section 313 program, its
functions, and how to contact the office. These organizations should also be
informed that public inquiries regarding Section 313 can be referred to the
Coordinator and provided the Coordinator's name, and the office's address and
telephone number. Examples of published materials describing Section 313
requirements and programs that are suitable for distribution to the public and the
state Section 313 network include:
Chemical Risk Communication: Preparing for Community Interest in
Chemical Release Data (American Chemical Society, 1988)
The Emergency Planning and Community Right-to-Know Act: Section
313 Release Reporting Requirements (U.S. EPA, 1989)
Title III of SARA: A Guide for Massachusetts Municipalities and their
Local Emergency Planning Committees (Massachusetts Department of
Environmental Protection, June 1988)
Toxic and Hazardous Chemicals, Title HI and Communities: An
Outreach Manual for Community Groups (U.S. EPA, September 1989)
Risk Communication About Chemicals in Your Community: A Manual
for Local Officials (U.S. EPA, September 1989)
When All Else Fails! Enforcement of the Emergency Planning and
Community Right-to-Know Act (U.S. EPA, September 1989)
Explaining Environmental Risk (U.S. EPA, November 1986)
Toxic Chemical Release Inventory Risk Screening Guide (U.S. EPA,
July 1989)
The annotated bibliography (Appendix C) provides further details on these
materials.
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Most requests for information occur soon after the annual filing deadline
of July 1st or in the wake of an event such as a chemical spill which focuses
attention on toxic releases. In addition to summary reports and data access
available through U.S. EPA, public interest groups and newspaper reporters have
computerized the Form R release information in certain states and provided the
state Section 313 office with a personal computer diskette copy of the
information. Such databases are low-cost, but the information they contain is
essentially unverified. If such an external database is used by the state Section
313 program for any reason, all users should be aware of the risks of its use, the
data should be at least partially verified prior to distribution, and a disclaimer
should indicate that the information was not prepared by the state Section 313
program. In some cases, states may not wait for the U.S. EPA update of TR1 and
may wish to enter the data themselves. Recommendations on data entry of Form
R information are addressed in the next section. Beyond the Basics.
Inquiries from State Offices
Requests for information from within state government (typically,
environmental protection or public health agencies) can be fielded by Section 313
staff or other program staff. There are both advantages and disadvantages to
having Section 313 staff respond to internal information requests. The advantages
are (1) it enables the Coordinator to learn how other offices are using Section 313
information, (2) the Coordinator can tailor the information provided and also
provide interpretive assistance, and (3) it increases other offices' understanding
and knowledge of the state's Section 313 program. On the other hand, using other
offices' staff to retrieve forms and generate their own summary information frees
up Section 313 staff time.
There are times when hand manipulation of forms is not efficient and a
computerized database is necessary. As noted above, all states have access to U.S.
EPA's TRIS database, and may choose to acquire access to TRI through the
National Library of Medicine's (NLM) TOXNET system. In addition, U.S. EPA
provides magnetic tapes and PC diskettes of data to all states wishing to utilize
them. State summary statistics are published each year in The Toxics Release
Inventory. These tools, together with any computerized database developed by
the state, are available to the Section 313 program to respond to requests from
environmental protection offices for database verification, permit compliance, or
planning purposes. Public health agencies may want to use Section 313
information to compare release information with, or to identify, geographic
hotspots of disease incidence. U.S. EPA Regional offices may be able to provide
some summary information for specific states as the information is entered into
U.S. EPA's IBM mainframe computer system. States may also develop summary
statistics and reports using either the TRIS database on U.S. EPA's mainframe
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computer, or, the Toxics Release Inventory available through the NLM's
TOXNET system. Further information regarding these computer resources is
presented in Beyond the Basics.
Inquiries from Industry
In addition to the capabilities mentioned above, potentially subject
facilities have an entirely different set of concerns, some of which may be
addressed to state Section 313 offices. Questions about filing instructions (e.g.,
where to send the state Form R, the deadline for filing, article exemptions,
employment and chemical use thresholds) are the predominant type. Requests for
forms and instructions should be referred to U.S. EPA's Emergency Planning and
Community Right-to-Know Document Distribution Center listed in Appendix
B. The more complex filing questions can be referred to Regional U.S. EPA
Offices (listed in Appendix B) or the Emergency Planning and Community Right-
To-Know Information Hotline (800-535-0202; or in DC and AK 202-479-2449).
Both places have staff and resources devoted to providing this type of assistance,
especially as the July 1st filing deadline approaches. In response to questions
about filing late, the U.S. EPA advises facilities to file as soon as possible, even
if late, in order to avoid non-filer enforcement actions. Details on U.S. EPA's
compliance and enforcement policy are presented in Section IV.E. The state
Section 313 office should expect some inquiries from industry following
publication of release information in a state report, national report, or news
article, especially if company names are provided. Inquirers may be invited to
examine the state Section 313 files, but if specific data are in question, they
should be directed to the report's authors.
C. Section 313 Program Development
Beyond maintaining the data and responding to inquiries, a Coordinator
also serves as program director. As advocates and spokespersons for the program,
Coordinators have three additional responsibilities:
To develop goals for the state Section 313 program;
To educate others about the value and importance of the Section 313
program; and
To develop adequate funding sources.
Setting Goals
Setting program goals is an exercise that invariably causes Coordinators to
assess the strengths and weaknesses of Section 313 information. Program goals
that are based on state needs and resources, staff interests and expertise, and the
ability to garner support from superiors and other individuals and groups, have
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the greatest chance of success. The very process of formally developing short-
and long-term goals helps Coordinators to articulate how Section 313 program
activities, and use of Section 313 information, support those goals. As a result,
media offices, other state agencies, the state legislature, and the public can more
readily understand the value and importance of the state's Section 313 program.
One approach is to set short-term goals that increase interest in, and the
stability of, the Section 313 program. Then long-term goals may be designed to
improve public health planning and environmental protection efforts. One long-
term goal common to several state Section 313 programs is to support development
of a pollution prevention program in their state. This goal exploits one of the
unique characteristics of Form R reporting emissions for all media. Several
of these states also are evaluating innovative revisions to environmental reporting
requirements, patterned after Form R, that might reduce industry's paperwork
and reporting burden. For example, Massachusetts is beginning to reorient its
reporting requirements towards facility reporting by first comparing the
information needs of all environmental regulatory programs to what is currently
collected by each regulatory office. This information is being analyzed along
with data on the level of effort industry spends collecting and filing the
information. The results may be used to collapse several cross-media reporting
requirements into fewer facility-oriented filings to be used by several programs.
With no implied hierarchy or claim to completeness, goals of state Section
313 programs could include:
Short-term goals:
Increase public use and understanding of TRI
Improve data quality
Increase industry compliance rates
Establish stability for Section 313 program
increase funding and staff capabilities
increase interest within the environmental offices
promote TRI use for permit compliance
promote TRI use for database verification
Long-term goals:
Increase public participation in environmental protection activities
Prioritize pollution control efforts according to exposed populations and
threatened natural resources
Establish and support pollution prevention programs
Promote risk-based budget allocation
Increase (cross-media) facility-oriented reporting of environmental
data
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Promote coordination between all media offices in environmental
protection agency
Identify toxic releases impairing environmental quality that may need
additional controls
Link environmental databases across media
Protect sensitive populations/areas when making facility siting
decisions
Improve integration of all state-level EPCRA programs and reporting
Funding and Promotion of the Section 313 Program
Because of fiscal constraints at the state level, many state Section 313
programs currently operate with little or no official budget. In those situations,
Coordinators usually "borrow" labor, supplies, and resources from other programs
within the same agency. For example, in New York, water pollution control
office personnel helped to develop a computer database containing Form R
release information and mailing addresses. In that case, the release information
benefitted the water office (they could compare it with NPDES permit conditions)
as well as the Section 313 program. In every case, one key to getting informal
support for the program has been convincing other office directors of the possible
uses of Section 313 information for their own programs. Many Coordinators
point out that promoting their Section 313 program (both internally, within the
host agency, and externally, to the public and press) results in greater interest in
Section 313 information and greater support for the Section 313 program.
There are, however, significant drawbacks to informal budget support.
Support may be withdrawn when formal budgets are reduced, or when Section
313 programs remain small over time. For example, if a Section 313 program is
continually constrained to use borrowed clerical or duplication resources, others'
perceptions of the utility of the program may gradually erode. It is difficult to
ask to borrow clerical time or duplicating equipment and at the same time argue
convincingly that multimedia facility-based reporting is important.
In fiscal year (FY) 1990, U.S. EPA's Office of Toxic Substances (OTS) will
provide $1 million in financial assistance for the TRI Data Quality Assurance
Program. Grants and cooperative agreements are available to qualifying states,
the District of Columbia, and territories (under Section 28 of the Toxic Substances
Control Act, or TSCA) and Indian Tribes (under Section 10 of TSCA). The funds
will be awarded to help recipients develop and implement programs of TRI data
quality assurance to improve the utility of the TRI data for the prevention or
elimination of unreasonable risks from toxic chemicals within the states.
In addition to direct grants to state Section 313 programs, academic
institutions are eligible for competitive cooperative agreements issued by various
offices at U.S. EPA. State Section 313 programs may benefit directly or
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indirectly from academic research especially if the project is related to the state
Section 313 program's interests. The Regional U.S. EPA serves as a clearinghouse
for information and cooperative agreement requests for proposals.
On the state level, the more the public and other state offices and agencies
know about the Section 313 program, the better position the Section 313 program
is in when funding decisions are made. This may mean promoting the value of
the Section 313 program within the host agency or attaching the Section 313
program to a well-supported program. In some cases, interest in pollution
prevention initiatives has led to indirect support for the Section 313 program. In
other cases, the Section 313 program's community outreach activities include
providing each state Senator, state Representative, and LEPC with emissions
information for their district or community so that the public learns about the
availability of the information and the importance of the state's Section 313
program. Several states (e.g., CA, KS, and NY) keep a log, or tally, of phone calls
and visits that permits them to track what type of inquiries are received and to
document the level of interest in the Section 313 program. Strategies for
advancing Section 313 funding needs within the budget process are discussed
more fully in Beyond the Basics.
D. Keeping Up-to-Date
The Emergency Planning and Community Right-to-Know Act was passed
into law on October 17, 1986. Coordinators have benefitted from keeping up-to-
date in three areas: (I) knowing what resources are available (and from whom);
(2) keeping apprised of federal Section 313 activities; and (3) keeping apprised of
activities undertaken by other states. Where the state's Section 313 program is
well integrated with the state's other EPCRA programs, the list above may be
extended to all of EPCRA. There are several sources of information that state
Coordinators can use:
U.S. EPA Regional Section 313 Coordinator and staff
U.S. EPA sponsored training and conferences
Newsletters from state-level EPCRA programs (e.g., KS and LA)
U.S. EPA's electronic bulletin boards and the Title III Network for
States (TINS) system
These sources vary in their ease of use and access to other EPCRA/Section 313
information. Regional Section 313 staff are a phone call away; they know about
most state activities in the Region, and usually know about federal programs and
activities under Section 313. U.S. EPA-sponsored conferences offer in-depth
exposure to selected topics and a chance to exchange ideas with others in the field
but may require states to contribute travel costs and staff time. The Kansas
Right-to-Know Program's newsletter presents updates on documents, software,
conferences, training, and regulatory affairs related to EPCRA. Finally, U.S.
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EPA's electronic bulletin boards probably have the most current and
comprehensive information about new materials, forthcoming reports and
meetings, and summaries of U.S. EPA Headquarters, Regional and state activities.
The Title III Network for the States (TINS) system contains chemical hazard
profiles, the Title III bulletin board, and allows communication to other system
users (i.e., U.S. EPA Regions and states). The Regional Coordinator can arrange
for state Section 313 programs to have access to e-mail; access will require a
personal computer with communications software and a modem.
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IV. BEYOND THE BASICS
A. Data Management
The expansion of a state Section 313 program depends, in part, upon the
existence of a Section 313 database that others have confidence in and will use.
As noted above, U.S. EPA is engaging in a wide variety of data quality and data
normalization efforts to this end. There are also several data maintenance
activities that states may choose to engage in that may improve the quality of and
increase the use of Section 313 data. Applying quality assurance measures to both
the Form Rs and any computerized version of the Section 313 data will improve
the quality of data once the information is in house. Industry outreach can
improve the quality of the information contained on Form R as well as the
compliance rate. Other data maintenance activities, such as accessing TRI on
NLM's TOXNET or engaging in various analyses or TRI data, may increase use
of Section 313 data. Finally, establishing credibility for the Section 313 data
depends on Section 313 staff recognizing, and acknowledging to users, the data
limitations.
There are a number of activities that can improve the quality of
information maintained by the Section 313 program office. If the state Section
313 program develops a list of reporters, this can be checked with a current
printout of facilities that have submitted Form Rs to the U.S. EPA to identify any
misfilings. Since many facilities subject to Section 313 are also subject to other
Sections of EPCRA, Section 302, 311 and 312 submissions can also be used to
identify potential nonreporters. New filing instructions included on the 1989
version of Form R itself should reduce the number of forms sent only to the
federal program.
Several states review each Form R for internal consistency upon receipt.
Obvious errors, such as omitting fugitive emissions of volatile compounds where
large quantities are used for degreasing, can be caught this way. To avoid the
possibility of compounding an error during Form R verification, Section 313 staff
can conduct telephone callbacks (when there are few -- less than 200 -- filers)
or can send a standard mailing noting the discrepancy. In the event that a state
identified such errors by submitters, the submitted should be told to send
revisions of the forms needing correction to EPA's Title III Reporting Center
marked "REVISION" in red. Changes to Form Rs, other than for obvious errors
(e.g., typographic), should not be made without formal documented contact with
filers. Any discrepancies or errors in Form R should be referred both to the
Information Management Division (IMD) at U.S. EPA headquarters and to the
Regional compliance and enforcement staff. IMD will enter the information into
the national database. Regional compliance staff will notify U.S. EPA
Headquarters which is responsible for issuing notices of noncompliance for
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incomplete and inadequate form submissions. (See Section IV.E. for a discussion
of state and U.S. EPA interaction in attaining compliance.) State Section 313
Coordinators may, however, be more familiar than U.S. EPA with particular
facilities in their state and therefore may be better able to spot reporting errors.
If, on the other hand, a state chooses to review all of the Form Rs submitted, the
level of effort dedicated to verifying Form R submissions can be reduced by
examining responses to a small number of questions (possibly suggested by media-
specific or other offices).
As mentioned previously, the data management activities a Section 313
program undertakes are guided by the ultimate uses of the Section 313
information. For example, if it is important to have the Section 313 emission
information analyzed and available for the public to access immediately following
the filing deadline when the press or public may start their inquiries, then the
state may want to develop its own computerized database rather than wait for
U.S. EPA's on-line version. Note, however, that without extensive data quality
activities, conclusions drawn from such databases must be made with caution.
There are both advantages and disadvantages to the development of an in-house
computerized database. The advantages include:
if only a subset of the TRI data is entered, the information it contains
will be available more rapidly than U.S. EPA's national database;
it can be tailored to fit state needs and uses;
it can be used to identify inconsistent Form R entries to be verified;
it can usually be kept on a personal computer;
Section 313 data can be linked with other state databases to identify
nonresponders or for other uses;
computer files containing specific information can be created for use
by others;
simple printouts containing release information can be generated to
respond to public inquiries; and
Section 313 data analysis and report preparation capabilities are
enhanced.
The last benefits listed above would also be realized if the user obtains the EPA
state diskettes in dBase or Lotus format. Some of the disadvantages of such an
in-house Section 313 information system are:
it-is resource intensive to develop and maintain such a database;
it will not undergo the same edits and review as the national TRI;
inconsistencies between state and national databases may undermine
user confidence; and
such a database will duplicate many functions available from the TRIS
and TRI/NLM databases, and the state diskettes distributed by U.S.
EPA.
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If a state decides to create its own database, precisely what information
should be included in a state Section 313 database will be determined by its
ultimate uses. If the database is used only to answer public inquiries regarding
releases, then company name, facility location, and release information is
sufficient. Most states with their own Section 313 databases (e.g., CA, CT, 1L,
K.S, K.Y, NY, UT) include this information. If industry outreach or compliance
and enforcement activities are contemplated, then matching the Form R
information with facility mailing addresses (Form R requests facility street
address, not mailing address) available from state industry directories might prove
useful. If other media offices are interested in using the database, then other
disposal information may be needed: such as, type of air emission (stack vs.
fugitive), name of receiving water body (for water releases), and disposal practice
(for on-site disposal of hazardous waste) or manifest destination (for off-site
disposal of hazardous waste).
EPA Computer Resources
If the level of resources necessary for data entry is prohibitive, access to
a computerized version of the Section 313 data can be achieved in several other
ways. Funds have been allocated so that states can access the TRI on U.S. EPA's
IBM mainframe computer through their Regional Office. This database is
designed for use by EPA and state personnel prior to installation of TRI on
NLM's TOXNET system and is continually updated as Form R's are received and
processed. The associated software can be used easily to extract facility-specific
information or to generate summary information, such as, total fugitive emissions
of chemical X in a particular state. Additional software is being developed to
allow users to define their own reports without programming skills.
Alternatively, each year's TRI database will be installed on NLM's
TOXNET in the spring following that year's filing deadline. This system is
designed for public access and currently is more user-friendly than the U.S.
EPA's mainframe system. For example, the NLM system has menu-driven
software that will enable users to generate customized reports, and supports more
sophisticated command line searching for more complex searches. In addition,
"Toxic Dump," a PC-based menu-driven software program is now available
(contact your Regional Coordinator). This software can be used to: (1) download
screen-captured files from TOXNET into dBase III+ format, and (2) manipulate
dBase III+ data and generate summary reports. At the same time that TRI is
loaded onto NLM's TOXNET system, U.S. EPA will also make the database
available to states on other magnetic media, such as dBase III+ diskettes, as well
as microfiche. A CD-ROM version is being evaluated.
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One aspect of Section 313 information management that determines how
readily media-specific offices will use Section 313 information is the degree to
which the state's environmental databases are integrated in a computer network.
Such a network may be costly to develop, but it allows several program offices to
easily access each others' data. An alternative to this resource intensive solution
to information flow is to provide other program offices with a diskette version
of the information that is needed. U.S. EPA is actively working to link all the
major U.S. EPA databases on its mainframe computer.
Linkage of environmental databases is greatly facilitated by common
facility identification numbers that are unique to an emissions source or facility.
U.S. EPA developed a 15 character TR1 identifier (composed of facility zip code,
first five non-vowel letters of facility name, and first five characters of address).
All 1987 and 1988 submitters were sent their TRI-ID numbers, and the ID's are
being "frozen" even if certain changes occur that would otherwise lead to a new
ID, in order to facilitate multi-year linkage and analysis. In addition, EPA is
ultimately proposing to develop a unique facility identification number to be used
for all regulatory programs. Presently, Georgia assigns every regulated (by any
environmental program) facility a unique identification number. Georgia uses the
facility's Dun & Bradstreet (D&B) number from Form R or else the state assigns
the facility a dummy number from a set of inactive D&B numbers available from
U.S. EPA. The state then uses this identification number for all databases within
the state's environmental programs. Utah has adopted the same management
system for their environmental programs. Massachusetts is generating a facility
master file (containing facility name, location, a unique identifier, and the
identifiers used for that facility in all of the state's other environmental databases)
and is also consolidating state environmental databases onto a single computer
system so that users can easily search various databases for facility information.
Alternatively, several states (e.g., CA and NY) are developing master files but
have not integrated their data management system to permit access to all
environmental databases. This arrangement is more cumbersome than an
integrated system but it does accomplish the same goal of linking state
environmental databases.
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Industry Outreach
A wide range of industry outreach activities serve to improve the quality
of information collected and maintained by Section 313 programs. Specifically,
educating industry about Form R can improve their understanding of the
questions and the quality of responses. In addition, industry outreach activities
that increase awareness of the state Section 313 program, Section 313 filing
requirements, and other EPCRA requirements may lead to greater industry
compliance. States have conducted industry outreach in a variety of ways:
Comparing Section 313 submissions with Section 311/312 submissions.
Educating trade and industry associations and chambers of commerce
to conduct their own outreach activities. States may provide brochures
or other materials. Section 313 staff time is limited to involvement
with the staff of the sponsoring organization(s).
Conducting mass mailings to potential filers (i.e., all business entities
categorized as eligible manufacturers by tax, unemployment, or other
business databases). This is a relatively high cost method that often
does not target likely filers. Coordinating these activities with the U.S.
EPA Regional office is a potentially cost-effective way to carry out
such mailings.
Mailing Section 313 reporting requirements/program description along
with other notices such as NPDES permit renewals. This reduces
mailing costs and targets mailing to specific emitters.
Making presentations at in-state trade group meetings.
Making presentations at in-state pollution control conferences.
Co-presenting with U.S. EPA Regional staff to inform audiences of
state program.
Industry outreach often requires considerable staff resources. If the state's
outreach activities are coordinated with the activities of the U.S. EPA Regional
office, then a greater number of events can be covered and duplication of effort
is minimized. Presentations given by state Section 313 offices should provide
audiences with an understanding of the roles and activities of the state, the U.S.
EPA Regions, and U.S. EPA Headquarters. The investment in staff preparation
and materials for distribution can be minimized if a standard presentation and set
of materials is prepared. Once staff are familiar with the presentation,
preparation time will be minimal. In addition, co-presenting or piggybacking
atop other state presentations can reduce costs and staff time.
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B. Responding to Inquiries
Inquiries from the Public
A major purpose of the Section 313 program is to aid the public in
understanding the chemical releases to which they may be exposed. Public access
to the data is mandated under Section 324 of EPCRA. Section 313 staff typically
receive two types of inquiries from the public. Many individuals want to know
what quantities of what chemicals are emitted in their county or city. The
follow-up question from the public usually is whether these releases are harmful
to themselves or their family.
As a basic response capability, Coordinators make the Form Rs available
to the public. In addition, many states either developed or have access to a
summary of the Form Rs for the state. These reports frequently contain state-
level emission summaries and list "Top 10s", e.g., top 10 chemicals emitted, top
10 industries emitting Section 313 chemicals, top 10 counties with Section 313
chemical emissions. Additional breakdowns of the data in a summary report may
allow the report to respond more directly to public inquiries. For example,
concerns may center around local emissions rather than state emissions. A
summary report describing emissions by county- or city-level instead of at the
state level may better address the public's concerns about local conditions.
Hazard and toxicity classifications in the summary reports will further
address the public's questions regarding the risks from emissions. Including
characteristics of the chemicals can help guide the public in assessing whether
they find the emission levels acceptable. Summary reports can group chemicals
as acute or chronic hazards. Toxicity categories, such as carcinogenic,
teratogenic, or mutagenic, can be identified from the toxicity matrix available in
ROADMAPS. (See description of ROADMAPS later in this section and Appendix
C for sources of information on chemical toxicity categories.) Ideally, the degree
of hazard presented by each chemical would be identified but such an assessment
does not exist for many chemicals. However, some carcinogens do have potency
measures, such as the slope factor of the dose-response function, which may be
used to draw rough comparisons of the relative potencies of carcinogens.1
Further discussion on qualitative risk assessments is provided below and in
Advanced Capabilities/Applications (Section V.A).
1 A description of the slope factor, or qj* measure, is described in Chapter 7 of the U.S.
EPA's Risk Assessment Guidance for Superfund. Volume 1, Human Health Evaluation Manual
(Interim Final, 1989).
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Another method of giving the public some perspective on the numbers in
a summary report is to make specific comparisons between emissions. It is often
difficult to take a stream of numbers and make them meaningful. Comparisons
can provide a basis for the public to decide what level of emissions from what
industries they find acceptable. If emissions from a familiar, local source are
reported under Section 313, these might be compared to the emissions of another
manufacturing facility in the state, and to a proposed manufacturing facility.
Though these comparisons may ease public concerns regarding local sources of
emissions, the Section 313 Coordinator must also be aware of the value
judgements involved and the potential political repercussions in choosing the
examples for comparison.
Requests for risk assessments go beyond the resources of most Section 313
programs. Such assessments require expert personnel either in the Section 313
office or available to the Section 313 program. When asked who the next
employee hired would be if additional funding were available, most states that
had satisfied their data management needs said an environmental health
professional (e.g., a lexicologist) would be their next hire. Even though Form Rs
do not contain all of the information necessary to make quantitative exposure and
risk estimates, many Section 313 Coordinators feel that their offices need
expertise in air, ground water, and surface water modeling, as well as in assessing
the human uptake and potency of the Section 313 chemicals in order to respond
to public inquiries.
A comprehensive exposure and risk assessment requires an extensive level
of effort for even one chemical; it is unlikely that a staff toxicologist could go
through this effort except in the most important cases. However, a health risk
professional's training and experience will enable her or him to explain to the
public the factors that will affect risk, such as chemical characteristics (e.g.,
volatility, solubility, half-life, potency); meteorological conditions; nature,
medium and patterns of TRI releases; and human behavior. The inquiring
individual can use this information to determine whether the potential exposures
merit additional action.
If it is not possible to hire a toxicologist, the Section 313 Coordinator can
develop a chemical characteristic library. Section 313 staff can use the data
sources to evaluate chemical hazards or to send additional information to the
inquirer. Reference materials in the library could include:
The Hazardous Substances Fact Sheets; also known as the New Jersey
Fact Sheets (available from New Jersey and on NLM's TOXNET)
Material Safety Data Sheets for all chemicals subject to EPCRA
reporting
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Integrated Risk Information System (IRIS) contains information on over
250 carcinogens (available through TINS and to be available on NLM's
TOXNET)
SARA Title III Ecological Fact Sheets (distributed by OTS and to be
available on NLM's TOXNET)
Publications from the American Society of Governmental Industrial
Hygienists (ASGIH)
National Institute of Occupational Safety and Health (NIOSH)
information sheets
Hazard assessments collected from industrial hygiene journals
Hazardous Substances Data Bank (available through NLM)
Hazard assessments collected from emergency services journals
Hazard assessments collected from trade journals
USA Today's (July 31 - August 3, 1989) definitions and uses of
reportable toxic chemicals and compounds
Society of Risk Analysis' Risk Assessment Journal
An annotated bibliography and additional references are listed in Appendix C.
While some of this information may be most appropriate for a technical audience,
other information is more general and better-suited to public distribution (e.g.,
USA Today articles). It may also be possible to get information from groups
serving as resources for Section 313 staff, such as the Scientists' Institute for
Public Information in New York City and academic centers funded by the U.S.
EPA Grant Office.
There are also directories of information -- U.S. EPA's Information
Resource Directory (U.S. EPA, Spring 1989) and the ROADMAPS database
distributed by U.S. EPA to state officials and other users. The Information
Resource Directory (IRD) contains listings and descriptions of environmental
information resources including EPA and non-EPA information systems
(computers, software, and databases), contact individuals by subject area,
documents, newsletters and periodicals, and interest groups. The ROADMAPS
database is a PC-based index to information sources within EPA containing
summary information on chemical toxicity and major regulations.
The Toxic Chemical Release Inventory Risk Screening Guide (U.S. EPA,
Office of Toxic Substances, 1989) is another useful tool for responding to risk
inquiries. The Risk Screening Guide assists users in developing qualitative risk
estimates. It outlines a methodology for translating emissions into risk by
describing exposure and includes, for each .chemical, a "high-medium-low"
potential for a range of toxicity end points. The Guide can be used to construct
relative risk rankings of emission sources and to identify and set priorities for
further assessment. In that respect, the Risk Screening Guide can move both
environmental agencies and the public closer to an understanding of the potential
impact of Section 313 chemical emissions.
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Besides improving the state's ability to answer questions regarding Section
313 data, the Section 313 Coordinator (or a public outreach specialist if sufficient
funds are available) may choose to educate the public regarding the TRI and to
encourage public inquiries. This decision depends on each state's goals for the
program and on the ability of the state to handle a potentially increased number
of public inquiries. There are many routes through which public education can
occur including:
Local Emergency Planning Committees
Libraries
Environmental organizations such as the Sierra Club and the National
Audubon Society
City planners/city managers
Civic groups such as the League of Women Voters
Community colleges
Science teacher associations
Public service announcements
Cable television talk shows
Industry sponsored public forums
Distribution of available Section 313 information through some of the
above routes may be an effective way to increase public awareness and promote
public education related to TR1. Also, EPA developed a videotape (What It
Means To You: The Emergency Planning and Community Right-to Know Act)
to inform the public about all Sections of EPCRA, and the content and potential
uses of the TRI. This videotape can be used in conjunction with oral
presentations and pamphlets to present a complete picture of EPCRA and how the
TRI fits into U.S. EPA's effort to involve the public in environmental protection.
Public outreach measures, such as these, are discussed more fully in Section 313
Program Development sections of The Basics (1II.C.) and Beyond the Basics
(Section IV.C).
Some states have found that there is little need to promote the TRI to
the public since they are already receiving many inquiries and demands from
citizens for additional information or action. These inquiries are often motivated
by media reports of chemical releases or of Section 313 emission data. To ensure
that the public receives balanced information. Section 313 Coordinators may
benefit from educating the .press as well as educating the public directly.
Outreach to the press is discussed further in Section 313 Program Maintenance
(Section IV.C).
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Inquiries from Other State Program Offices
Inquiries from other offices can be encouraged through distribution of
targeted educational materials designed to emphasize the potential usefulness of
the TRI to each office. Simple analyses using Section 313 data combined with
other offices' data can also serve to promote the Section 313 database.
Augmenting Existing Programs (Section IV.D) further discusses these issues.
Inquiries from Industry
If a state Section 313 Coordinator elects to develop their state program's
ability to respond to questions from industry rather than referring these questions
to Regional EPA Offices or the Emergency Planning and Community Right-to-
Know Information Hotline (800-535-0202; or in DC and AK 202-479-2449), the
Section 313 staff needs thorough knowledge of the technical aspects of completing
Form R. This knowledge can be obtained through staff attending EPA seminars
on Form R completion (contact regional offices) or, if funds are available,
through hiring an engineer who can respond to Section 313 questions (see
Increasing Technical Expertise within Program Maintenance).
C. Section 313 Program Maintenance
Even after a state's Section 313 program is well established, Coordinators
are responsible for ensuring the continued stability, success, and growth of the
program, i.e., program maintenance. Maintaining a Section 313 program means
that Coordinators must design and carry out activities that build on the
responsibilities outlined in the Program Development section of The Basics.
These additional responsibilities include:
Pursuing long-term goals for the state Section 313 program;
Continuing outreach activities -- educating others about the value and
importance of the Section 313 program;
Increasing technical and health risk expertise of Section 313 program;
and
Establishing stable funding sources.
Pursuing Long-Term Goals
As mentioned previously, long-term goals developed by each Coordinator,
in concert with other environmental protection and public health staff (a
consensus approach), are most likely to meet their state's needs and to be
supported by the various offices potentially using the Section 313 data. A few
examples of long-term goals are presented in the Program Development section
of The Basics. In addition to the long-term goals outlined in that section, the
Section 313 program and staff can take an active role in advancing the use of
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Section 313 data by other offices (e.g., by developing software or databases that
can be used to link Section 313 data with databases of other media-specific
regulatory offices), coordinating cross-media pollution control initiatives, and
providing emissions information for risk screening and other planning purposes.
All of these activities serve to draw the attention of different offices and agencies
to the value of the Section 313 program and may enable the program to play a
larger role in several areas of environmental management.
Continuing Public Outreach
Continuing to educate and inform a wide variety of audiences about the
relative merits of the state Section 313 program helps to keep the Section 313
program in the public spotlight. More advanced outreach activities capitalize on
external interest in the Section 313 program by developing education and
promotional activities designed for specific audiences and/or specific situations.
For example, most of the states attending the colloquia find that the number of
inquiries from groups and individuals increases following the annual filing
deadline. Similar bursts of interest are reported following spill incidents and
accidental releases. These events often spawn greater public interest in finding
out about all environmental exposures. Inquiring individuals and/or groups may
be asked whether they would like additional information on the state's Section 313
program or if they are interested in participating in public forums on the
availability of Section 313 information and the Section 313 program.
Community outreach can be expanded to include:
- Education of groups that frequently serve as initial contacts for
environmental and public health questions. This is important for
several reasons. First, members of public service and public interest
groups, such as the League of Women Voters, Audubon Society, Sierra
Club, and Greenpeace, frequently contact their group's professional
staff before searching for the state Section 313 office. The more the
groups' professionals know about the state Section 313 program, the
more information they can pass along to their members. Such inter-
mediaries are particularly important because they can explain the
release information at the community level and facilitate interactions
with concerned constituents and the public. Coordinators can ask such
groups to assist in promoting use of Section 313 information by:
co-hosting meetings for their members or the public where
release information and the Section 313 program may be
discussed;
including articles prepared by the Section 313 office in their
newsletters; and
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using presentations or videotapes prepared or distributed by the
Section 313 office.
Similarly, public health officers and members of Local Emergency
Planning Committees can also serve as local contacts for the state
Section 313 office.
Education of the general public. Several activities are used by state
Coordinators to increase public awareness and understanding of state
Section 313 programs. Section 313 newsletters offer interested
individuals up-to-date information on Section 313 data availability,
data analysis, contact individuals, and state pollution control and
pollution prevention initiatives. Some states are reaching the public by
distributing analytic reports and release information from Form Rs
(usually hard copy, but possibly on diskette) to public libraries.
Secondary-level science teacher associations in some states (e.g., UT)
have expressed interest in using Section 313 data in their environmental
curricula. Some Coordinators have arranged appearances on cable
television and local network affiliates.
Increasing press contacts to educate the media. Print, radio and
television media frequently focus on environmental issues and can be
used to disseminate summary Section 313 information. One strategy
employed to avoid having to respond to reporters' deadlines is for the
Coordinator to initiate contact. If the Section 313 program can prepare
preliminary analyses of emissions data (possibly as part of press
releases) soon after July 1st, as well as provide reporters with access to
the files, then the public may read and hear of the Section 313
program's interpretation of the data. In addition, an ongoing dialogue
between reporters and Section 313 staff may enable the Section 313
office to prevent blindsiding of other environmental program offices
and emergency service agencies by being aware of what and when
Section 313 information is released.
Resources and materials available to help the media understand and
interpret Section 313 information include:
Journalist's Guide to Title III. Contact Regional U.S. EPA
Coordinator.
EPCRA conferences for journalists. Regional Section 313 staff
will be notified of upcoming events.
Scientists Institute for Public Information (NY City). A
scientific referral service for journalists.
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Increasing Technical and Health Risk Expertise
As mentioned in The Basics, often programs have addressed the pressing
need for data entry and data management personnel by borrowing data entry
personnel from other environmental protection or emergency management offices
and developing software and data management systems on a one-time basis.
Beyond data maintenance capabilities, Coordinators feel that two types of
expertise would greatly enhance their program. Technical expertise, such as
industrial process engineering or chemical engineering, could enhance quality
assurance activities, industry outreach, technical assistance (to industry), and
pollution prevention programs. Environmental health expertise will permit a
program to respond to risk-related inquiries more thoroughly and to expand the
program's overall hazard and risk assessment capabilities. Evaluating the relative
risks of environmental exposures is a key capability for a state Section 313
program interested in using Section 313 information for planning and priority-
setting.
Establishing Stable Funding Sources
Because so many of a Section 313 program's activities, such as outreach,
are long-term (several years or more) endeavors, it is important to establish
dependable funding sources. One-year or one-time funding is useful for getting
a program off the ground or developing a specific element of the state's program
(e.g., a chemical hazard library or pilot project), but should not be depended upon
to support the regular activities of the Section 313 program. Consequently,
Coordinators that work to include the Section 313 program explicitly in the state's
or host agency's fiscal plans are more likely to develop funding stability. The
National Governors Association's (NGA) EPCRA: Status of State Actions -1989
devotes a chapter to state costs and funding approaches for community right-to-
know and emergency planning programs.
Maintaining the interest of fiscal planners is, in part, dependent upon the
need for, and interest in, the Section 313 program. For these reasons, it is
important to educate other state officials about the Section 313 program and to
be able to demonstrate the level of interest and activity of the program to
budgetary decision-makers. For example, if budget setting is a host agency
decision, then media-specific offices' opinion of the Section 313 data and
program may play a large role. If the state legislature has line item authority over
Section 313 program funding, however, then the opinion of legislators and the
public will be of greater influence on the decision process. Each time fiscal
planning begins, Coordinators should be able to demonstrate to decision-makers
that the Section 313 program is of value to them and to their constituencies.
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By 1990, at least four states (KS, MA, OH, and TX) will collect filing fees
to offset operating costs of their Section 313 program. A fee system is most
advantageous if the funds can be dedicated to the Section 313 program and are
not returned to general funds. In one case, however, the filing fees go to the
state's general fund and the Section 313 program receives the amount collected in
fees that year. It is important to note that, increasingly, states are adopting user
charges and fees to support a wide variety of state programs during fiscal hard
times.
Most state fee schedules have a two-part system: a fee per filer (designated
as a facility) and a fee per Form R. Most states have a sliding scale for filer fees
based on company size (either in terms of annual sales or number of employees)
and a cap on the Form R fees. Since the number of filers and Form Rs received
is fairly well known, the state can establish the fee per filer and form to generate
the needed revenue. States with fee systems felt that it is advantageous to have
the authority to adjust the fees to maintain revenues without legislative approval.
D. Augmenting Existing Programs
Several states currently are using Section 313 information to augment
existing environmental protection programs. Coordinators may see use of Section
313 information by other environmental protection and public health offices as
a short-term goal for their Section 313 program. Other offices' familiarity and
positive experiences with the Section 313 data will probably result in quicker
acceptance and support of the information base. Over the long-run, augmenting
the activities of media-specific offices can lead to a coordinating role reorienting
environmental protection programs around multimedia facility-based reporting,
such as required by Section 313. For example, if existing program offices are
familiar with Section 313 reporting and information, they may approach
Coordinators with requests for data support. In other cases, Coordinators may
suggest specific uses of the emission data to media-specific offices.
As a starting point, Coordinators can compare the Section 313 emission
data to media offices' databases. For example, a facility's hazardous waste
shipments reported on Form R should match manifested shipments tracked by
Resource Conservation and Recovery Act (RCRA). The comparison will
probably be useful to highlight missing or incorrect data contained in both
databases. Coordinators can use data comparisons to increase the accuracy of the
Section 313 reported emissions while also making other offices aware of data gaps
or errors in their databases.
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Section 313 information is also a tool to verify permit compliance. This
includes:
Verification of the legality of disposal methods. For example, the
Commonwealth of Virginia's water board used Section 313 data to
identify an illegal underground injection operation.
Identification of facilities exceeding permit limits. A facility's
emissions reported on Form R should not exceed discharges permitted
by regulatory offices. This is not always a straightforward
determination; Section 313 releases are reported on an annual basis
whereas permits are often based on a concentration limit or daily
release limit.
E. Compliance and Enforcement
Section 325 of EPCRA authorizes the Administrator of the U.S. EPA to
enforce compliance with EPCRA, including the Section 313 requirements.
EPCRA establishes federal authority for civil, administrative, and criminal
actions against owners and operators of facilities that do not comply with EPCRA
requirements. EPCRA does not, however, provide direct authorization for states
to take civil, administrative, or criminal actions against violators of the reporting
requirements of Section 313. Specifically, Section 326 of EPCRA authorizes
states to bring civil suits against noncompliant owners/operators failing to comply
with Sections 302(c), 311(a), 311(c), and 312(a), but not Section 313. Section
326(a)(l) authorizes any person to commence a civil action on his own behalf
against an owner/operator of a facility for failure to comply with any of several
specified requirements of Sections 302, 311,312, and 313 of EPCRA. For Section
313, any person may commence a civil action against an operator/owner of a
facility for failure to complete and submit a toxic chemical release form. Section
329 provides a definition of person which includes States, municipalities,
commissions, political subdivisions of States, and interstate bodies. Thus, as
"persons," States may file civil suits under Section 326(a)( 1) for noncompliance
with Section 313. A manual is available from the U.S. EPA Office of Solid Waste
and Emergency Response which explains the role of LEPCs in obtaining
compliance of EPCRA (for example, identifying noncompliant facilities under
Section 313) and the different enforcement authorities under EPCRA. The
summary of EPCRA requirements and federal, state, and local and citizen
enforcement authorities presented in Exhibit 2 is taken from that document.
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Exhibit 2.
Emergency Planning and Community Right-to-Know Act Enforcement Authorities
Requirement
Federal
State and Local
Citizen
§302(c) o/o with EHS>TPQ
notify SERC by 5/17/87 (or 60
days after EHS>TPQ becomes
present) that facility is subject
to Act.
§303(d) o/o must appoint
facility representative to
participate in planning by
9/17/87 & provide info, for
planning when requested.
§304(b) o/o must notify SERC
&. LEPC immed. after a release
of EHS or CERCLA release.
§304(c) o/o must follow-up
report as soon as practicable.
§311 o/o who must prepare
MSDS under OSHA must
submit MSDS/list to SERC,
LEPC it fire department by
10/17/87 or 3 months after
newly subject to OSHA.
§312(a) o/o who must prepare
MSDS under OSHA must also
submit Tier 1 form on 3/1/88.,
then annually. For newly
covered facilities, first forms due
3/1/90.
§313 o/o of facility that
manufactured, processed or used
a toxic chemical in previous
year must submit TRI form
annually starting 7/1/88.
§322(a)(2) o/o must submit
information to support a trade
secret claim.
§325(d) claim must not be
frivolous.
§323(b) o/o must submit a
MSDS, inventory form, and
TRI form to physician who
requests information in an
emergency situation.
§325(a) EPA may order o/o to
comply. USDC has authority to
enforce and assess a penalty up to
$25k/day.
§325(a) EPA may order o/o to
comply. USDC has authority to
enforce and assess a penalty up to
$26k/day.
§325(b)(l)&(b)(2) Class I and
Class II penalties of up to
$25k/day (up to $75k/day
thereafter) by Administrative
Order or in USDC. Criminal
penalty: up to )25k/day and/or 2
years.
§325(C)(2),(4) EPA can assess
penalty of up to $10k per
violation per day by
Administrative Order or in USDC.
§325(C)(1),(4) EPA can assess
penalty of up to $2Sk per
violation per day by
Administrative Order or in USDC.
§32S(C)(1),(4) EPA can assess
penalty of up to $25k per
violation per day by
Administrative Order or in USDC.
§325(c)(2) EPA can assess
penalty of up to $10k per
violation per day by
Administrative Order or in USDC.
§325(d)(l) EPA can assess
penalty of up to $25k per claim
for claim that is unsubstantiated
or not a trade secret and frivolous
by Administrative Order or in
USDC.
§326(c)(2) EPA can assess
penalty of up to $10k per
violation by Administrative Order
or in USDC.
§326(a)(2)(A)(i) State & Local
Governments can file civil action in
USDC for failure of o/o to notify
SERC.
§326(a)(2)(B) SERC or LEPC can
file civil action in USDC against o/o
for failure to provide information.
No Authority under §326(a)(2). See
§326(a)(l).
§326(a)(2)(A)(ii) Si (iii) State ft
Local Governments can file civil
action in USDC against o/o for
failure to submit MSDS or list or
make available info, requested under
§31l(c).
§326(a)(2)(A)(iv) State & Local
Governments can file civil action in
USDC against o/o for failure to
submit Tier I form. §326(a)(2)(B)
SERC & LEPC can file civil action
for failure to submit Tier II form
under §312(e)(l).
No Authority under §326(a)(2). See
§326(a)(l).
No authority.
No authority.
No Authority
No authority under §326(a)(l).
No authority under §326(a)(l).
§326(a)(l)(A)(i) any person can
file a civil action in USDC against
o/o for failure to submit follow-up
report.
§326(a)(l)(A)(ii) any person can
file a civil action in USDC against
o/o for failure to submit MSDS or
list.
§326(a)(l)(A)(iii) any person can
file a civil action in USDC against
o/o for failure to submit Tier I
information.
§326(a)(l)(A)(iv) any person can
file a civil action in USDC against
o/o for failure to submit a TRI
form under §313.
No Authority.
No Authority.
§325(e) Health professional can
file action in USDC to compel o/o
to comply. USDC may issue order
and enforce.
Key:
CERCLA = Comprehensive Environmental Response, Compensation and Liability Act of 1980
EHS = extremely hazardous substances SERC = State Emergency Response Commission
LEPC = Local Emergency Planning Committee TRI = toxic chemical release inventory
MSDS = material safety data sheets TPQ = threshold planning quantity
o/o = manufacturing facility owner/operator USDC = U.S. District Court
OSHA = Occupational Safety and Health Administration
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Several state legislatures (e.g., CT, IL, KS, and MA) have enacted enabling
legislation, similar to EPCRA, granting their state environmental programs
administrative and criminal enforcement authority under Sections 311,312, and
313. Unlike the federal compliance and enforcement program, these states
usually focus on compliance with Sections 311 and 312, which are of primary
concern to state and local emergency response officials. However, facilities
subject to Section 313 are usually subject to other sections of EPCRA. States
interested in ensuring that a facility is in total compliance with EPCRA, not just
the sections the state has authority to enforce, are encouraged to refer all
suspected noncompliant facilities to U.S. EPA Regional Offices for action under
federal statutes. Further, states which have enforcement authority under Section
313 are also encouraged to refer all suspected noncompliant facilities to U.S. EPA
Regional Offices as state enforcement action does not preclude additional action
under federal authority. Likewise, EPA Regional Offices are encourage to
coordinate with states and to keep them informed about enforcement matters.
States interested in developing enforcement capabilities might benefit from
discussing the mechanics involved in administering an enforcement program with
their Regional U.S. EPA Section 313 Coordinator. U.S. EPA has spent two years
implementing their compliance monitoring and enforcement strategy for Section
313. At a minimum, there is much to be learned from the federal experience.
Discussions with U.S. EPA Regional EPCRA staff may also improve
understanding of the federal enforcement program and help establish mutual
notification protocols, referral mechanisms, and complementary roles for each
enforcement program. States with enforcement authority for their Section 313
program are advised to draw up a memorandum of understanding (MOU) that
describes the respective enforcement roles of the state agencies responsible for
EPCRA programs and the Regional U.S. EPA Office (a draft MOU is presented
in Appendix D).
States without explicit enforcement authority for Section 313 may still take
an active role in identifying noncompliant facilities for U.S. EPA to issue civil
administrative complaints (penalties) or notices of noncompliance. Regional U.S.
EPA compliance and enforcement staff encourage state Section 313 programs to
provide the Regions with a list of facilities suspected of noncompliance.
Currently, the federal compliance monitoring and enforcement program
focuses on two types of violations: nonreporters and reporters who submit
incomplete or incorrect reports with readily apparent errors. In response, the
current federal compliance and enforcement program consists of the following
elements:
Identifying suspected nonreporters; investigating whether they are
subject to reporting requirements; and taking enforcement action. The
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identification process includes comparing a list of filers to facilities in
regulatory program databases that would be expected to be subject to
Section 313 or to databases containing manufacturing facilities, such as
unemployment insurance contributors. Oregon is using a list of 311 and
312 filers to identify potential filers under Section 313.
Identifying and taking action against reporters who have submitted
forms with readily identifiable errors. At this time, this includes
discrepancies identified by review of Form R submissions which
preclude entering the data into the database (discussed in Data
ManagementSections II.A and IV.A).
The U.S. EPA's enforcement response policy for Section 313 summarizes
how to determine the appropriate enforcement action for each potential violation.
Possible actions include: no action; issuing a notice of noncompliance (which has
no associated penalties but does remain in a facility's compliance record); issuing
an administrative civil compliant which includes penalties; and criminal action
under 18 U.S. Code 1001 (which makes it a criminal offense to intentionally
provide false information to the U.S. government).
States seeking enforcement authority must: (1) have adopted the required
enabling legislation (2) develop an enforcement response policy (or adapt EPA's)
that reflects their legal authority; (3) ensure that the policy creates appropriate
incentives for compliance with Section 313; and (4) ensure that state compliance
and enforcement does not conflict with federal authority. State programs may
elect to focus on certain types on noncomplying facilities that are particularly
problematic in their state or are easily identified. To avoid duplication and be
more efficient, state enforcement programs should be designed to complement the
federal compliance and enforcement program by targeting facilities whose
noncompliance is a priority for the state Section 313 program. Such coordination
of the state's compliance and enforcement strategy with the U.S. EPA Regional
Office may, in turn, result in a greater total number of enforcement actions taken
against noncompliant owners/operators within the state.
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V. ADVANCED CAPABILITIES/APPLICATIONS
A. Internal Planning and Priority Setting
As a risk-based planning tool for both traditional and innovative pollution
control and prevention programs, Section 313 information is unique. Since most
environmental programs are premised on protecting human health and natural
resources, the most important large-scale planning information is identification
of locations where unacceptable exposures are likely to occur. Section 313
information includes fairly complete multimedia emissions data (albeit self-
reported estimates) for an entire set of (larger) manufacturing facilities. Linking
this geographic source data (from Section 313) with receptor population data
greatly improves planners' abilities to estimate exposure. TR1 stands out as one
of the only sources of multimedia facility emissions data.
Now that TRI is available, it is possible to identify geographic areas of
concern, compare total emissions across industrial categories, and to otherwise set
priorities for state environmental efforts based on exposures and risk. Care must
be taken when using release information to extrapolate to health and ecosystem
risks. Although Section 313 information is incomplete for purposes of assessing
risk, the information enables planners to summarize, or rank, emissions according
to chemical hazard and likelihood of significant exposure. U.S. EPA's Toxic
Chemical Release Inventory Risk Screening Guide (1989) lays out the procedures
and guidelines for ranking emission sources according to risk.
Some applications of risk-based priority-setting include:
Risk-based budgeting at the state agency level
Identifying areas of industrial discharge for cross-media controls
Ranking industries according to health risks of total releases
Comparing risks from industrial releases with other known sources of
environmental risks
Risk screening also can be used to set priorities and to guide development of
programs described in the following sections.
B. Use of Section 313 Data for Pollution Prevention Programs
While Section 313 information is a useful risk-based planning tool, states
can also use Section 313 data to decrease chemical emissions and therefore
exposure and risk to humans, wildlife, and the environment. States can work
towards reducing hazardous chemical use and emissions through implementing
pollution prevention programs.
38
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Section 313 information can support pollution prevention programs in at
least four ways:
(1) Section 313 information can provide data with which to evaluate the
need for a pollution prevention program;
(2) Section 313 information can supply a baseline measure of emissions
against which to evaluate the effectiveness of a pollution prevention
program;
(3) Section 313 information can provide data on best pollution
prevention practices within an industry, which can serve as goals for
other facilities in that industry; and
(4) Section 313 information can provide the impetus for restructuring
state environmental programs around pollution prevention, cross-
media pollution controls, and facility-oriented reporting.
Several states are using the Section 313 data to evaluate the need for a
pollution prevention program. One way to evaluate this need is by conducting
epidemiological studies to determine whether increased incidence of diseases may
be coincident with chemical emissions sources. States can also evaluate the need
for a pollution prevention program through risk assessments for the Section 313
chemicals. Besides technical evaluations, public officials can compare their state's
emissions to other states' emissions, assess public response to the Section 313 data,
and compare population centers to emission locations to evaluate the demand and
need for a pollution prevention program. Even when states do not know specific
risks, it is certain that decreasing emissions will reduce risk, regardless of the
initial risk level.
At least two states, Oregon and Massachusetts, have developed pollution
prevention programs that rely on Section 313 data. They present substantially
different models for developing a pollution prevention program. The State of
Oregon passed House Bill 3515 through which it developed a program designed
to determine a set of best industry emission practices throughout the country.
The State can apply pressure, in the form of publicity, on Oregon facilities to
meet these standards. The law requires Oregon facilities to show that it is not
feasible for them to match the lower emissions of similar facilities within the
same industry to avoid publication of their elevated emissions rate(s). Oregon is
using the Section 313 reporting requirements as the initial requirements for their
program, but the Oregon Department of Environmental Quality can add to or
subtract from the list of reporters. There is no enforcement for reduction except
through public pressure; the system relies on the dual incentives of avoiding
adverse publicity and gaining credit for emission reductions. To reduce the
39
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burden on industry Oregon has established a research program for toxic use
reduction through Oregon State University. The State will also make loans
available to industry for source reduction.
The Commonwealth of Massachusetts has set a goal of reducing toxic waste
by 50 percent by 1997. Massachusetts has relied more explicitly on Section 313
reporting in setting up its pollution prevention program than has Oregon. The
main emphasis of Massachusetts^ "Toxic Use Reduction Act" is on reporting
requirements similar to those required by Section 313. For example, Form R
information will be collected from facilities in other standard industrial category
(SIC) codes and from facilities falling below the number of employees and toxics
use thresholds established for Section 313 reporting. Massachusetts' program also
differs from Oregon's in that Massachusetts can impose performance standards
on industry after 1995 if the Commonwealth determines that the industry is a
"priority user segment."
Massachusetts is currently testing its program through the Blackstone River
Pilot Project in which the pollution prevention program is implemented for
industries in SIC codes 34-39 (a subset of the manufacturing industries subject
to EPCRA). The State is evaluating the use of cross-media inspectors and is
providing technical assistance towards source reduction to these industries.
Massachusetts will be measuring results of the project in emission decreases and
will evaluate the usefulness of Section 313 to measure emissions.
C. Augmenting Existing Programs
Some additional applications of Section 313 information to augment
existing programs include:
Support for cross-media inspections. Cross-media inspections can
consolidate the inspection process of several regulatory programs and may
enable inspectors to audit a larger number of facilities. The emission
reporting under Section 313 can facilitate the institution of cross-media
inspections by providing a multimedia emissions reporting instrument
(Form R). The State of Massachusetts is experimenting with cross-media
inspection as part of the Blackstone River Pilot Project.
Prioritize placement of air and water pollution monitoring systems.
Media-specific offices can use the Section 313 information as another tool
to determine the regions suspected of having high ambient air and water
pollutant concentrations. This data can aid the media offices in
determining air and water monitoring locations that will yield the most
important pollutant concentration measurements.
40
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Material belongs to:
Office of Toxic Substances Library
U.S. Environmental Protection Agency
Guide new facility siting. State and local ^jp^pm^a^, gjtyXfgTS&tfl^e
public, can use Section 313 information ^j^^^ow;QSW2jl2QFb£lOnew
manufacturing sites. Citizens and governmeif£
-------
suitable for air emissions of known carcinogens associated with rare types of
cancer. This application is limited by two facts: Section 313 releases account for
only a fraction of environmental exposures for some chemicals; and it ignores
lifestyle and occupational exposures. Finally, public reaction to linking emissions
sources with disease incidence may be strong; it should be stressed that the
findings of such an analysis are preliminary in nature, and are used to direct more
sophisticated investigations.
A similar analysis can be done linking sensitive natural resources with
possible sources of contamination. Evaluating the impact of releases is useful for
a range of resource protection activities such as wellhead protection, water body
planning, and airshed management. For example, if a state knows the geographic
location of all sources of drinking water in the state (both surface water bodies
and groundwater aquifers), then possible threats to these resources can be
identified by overlaying release information (from Form R) on the spatial matrix
of water supply resources. The additional step of modeling the fate and transport
of air, water, and underground injection releases (e.g., using PC-GEMS or
CAMEO) will provide a better indication of possible threats. Compiling toxic
loading inventories for important resources, such as the Chesapeake Bay, the
Great Lakes, or Puget Sound, is one example of how this type of analysis can be
applied to pollutants entering sensitive ecosystems.
E. Summary
This guide has attempted to summarize the most up-to-date information
and resources related to developing and enhancing state Section 313 programs.
Additional resource materials and training for Section 313 programs, such as
documents, computer software, and risk assessment training, are being, and will
continue to be, developed by U.S. EPA. Furthermore, it is inevitable that the role
of Section 313 programs will change as environmental protection efforts begin to
incorporate multimedia controls, such as pollution prevention initiatives, in
addition to traditional command and control solutions. These changes testify to
the dynamic nature of Section 313 programs and make it important for all
EPCRA staff, not just Section 313 Coordinators, to stay in touch with other state
and federal EPCRA programs in the coming years.
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Appendix A
State Section 313 Program Office Addresses and
Contact Individuals
ALABAMA
Alabama Emergency Response Commission
Alabama Department of Environmental Management
1751 Congressman W. L. Dickinson Drive
Montgomery, AL 36109
Contact: L.G. Linn (205) 271-7700
E. John Williford (205)271-7931
ALASKA
Alaska State Emergency Response Commission
3220 Hospital Drive
Juneau, AK 99801
Contact: Linda VanHouten (907) 465-2600
AMERICAN SAMOA
American Samoa EPA
Office of the Governor
Pago Pago, American Samoa 96799
Contact: Pati Faiai (684) 633-2304
ARIZONA
Arizona Emergency Response Commission
Division of Emergency Services
5636 East McDowell Road
Phoenix, AZ 85008
Contact: Carl Funk (602) 244-0504
ARKANSAS
Arkansas Department of Pollution Control and Ecology
P.O. Box 9583
8001 National Drive
Little Rock, AR 72219
Contact: John Ward (501) 562-7444
CALIFORNIA
Office of Environmental Affairs
P.O. Box 2816
Sacramento, CA 95812
Contact: Chuck Shulock (916) 324-8124
COLORADO
Colorado Department of Health
Division of Hazardous Materials and Waste Management
4210 E. llth Avenue
Denver, CO 80220
Contact: Pam Harley (303) 331-4858
Judy Waddill (303) 331-4858
CONNECTICUT
State Emergency Response Commission
Department of Environmental Protection
State Office Building, Room 161
165 Capitol Avenue
Hartford, CT 06106
Contact: Sue Vaughn (203) 566-4856
DELAWARE
Air Resource Section
Department of Natural Resources and Environmental Control
P.O. Box 1401
Dover, DE 19903
Contact: Robert French (302) 736-4791
A-l
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DISTRICT OF COLUMBIA
State Emergency Response Commission for Title III in the District of Columbia
Office of Emergency Preparedness
2000 14th Street, NW
Frank Reeves Center for Municipal Affairs
Washington, DC 20009
Contact: Pamela Thurber (202) 727-6161
FLORIDA
Florida Emergency Response Commission
Secretary, Florida Department of Community Affairs
2740 Centerview Drive
Tallahassee, FL 32399-2149
Contact: Eve Rainey (904) 488-1472
GEORGIA
Georgia Emergency Response Commission
205 Butler Street, SE
Floyd Tower East
llth Floor, Suite 1166
Atlanta, GA 30334
Contact: Jimmy Kirkland (404) 656-6905
GUAM
Guam EPA
P.O. Box 2999
Aguana, Guam 96910
Contact: Roland Solidio (671) 646-8863
HAWAII
Hawaii State Emergency Response Commission
Hawaii State Department of Health
P.O. Box 3378
Honolulu, HI 96801-9904
Contact: Mark Ingoglia (808) 543-8249
IDAHO
Idaho Emergency Response Commission
1410 North Hilton
Boise, ID 83706
Contact: Jenny Records (208) 334-5888
ILLINOIS
Emergency Planning Unit
Illinois EPA
P.O. Box 19276
2200 Churchill Road
Springfield, IL 62794-9276
Contact: Joe Goodner (217) 782-3637
INDIANA
Indiana Emergency Response Commission
5500 West Bradbury Avenue
Indianapolis, IN 46241
Contact: Skip Powers (317) 243-5176
IOWA
Department of Natural Resources
900 East Grand Avenue
Des Moines, IA 50319
Contact: Pete Hamlin (515) 281-8852
KANSAS
Right-to-Know Program
Kansas Department of Health and Environment
Mills Building, Suite 501
109 SW 9th Street
Topeka, KS 66612
Contact: Karl Birns (913) 296-1690
A-2
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KENTUCKY
Kentucky Department of Environmental Protection
18 Reilly Road
Frankfort. KY 40601
Contact: Valerie Hudson (502) 564-2150
LOUISIANA
Department of Environmental Quality
333 Laurel Street
P.O. Box 44066
Baton Rouge, LA 70804-4066
Contact: R. Bruce Hammatt (504) 342-8617
MAINE
State Emergency Response Commission
Station Number 72
Augusta, ME 04333
Contact: Tammy Gould (207) 289-4080
David D. Brown (Chair)
MARYLAND
State Emergency Response Commission
Maryland Department of the Environment
Toxics Information Center
2500 Broening Highway
Baltimore, MD 21224
Contact: Marcia Ways (301) 631-3800
MASSACHUSETTS
Title III Emergency Response Commission
Department of Environmental Protection
One Winter Street, Tenth Floor
Boston, MA 02108
Contact: Arnold Sapenter (617) 292-5993
MICHIGAN
Michigan Department of Natural Resources
Environmental Response Division
Title III Notification
P.O. Box 30028
Lansing, MI 48909
Contact: Title HI Coordinator (517) 373-8481
MINNESOTA
Minnesota Emergency Response Commission
290 Bigelow Building
450 Syndicate Street
St. Paul, MN 55104
Contact: Lee Tischler (612) 643-3000
MISSISSIPPI
Mississippi Emergency Response Commission
Mississippi Emergency Management Agency
P.O. Box 4501
Fondren Station
Jackson, MS 39296-4501
Contact: Bill Austin (601) 960-9973
J. E. Maher (Chair)
MISSOURI
Missouri Emergency Response Commission
Missouri Department of Natural Resources
2010 Missouri Boulevard
Jefferson City, MO 65109
Contact: Dean Martin (314) 751-7929
MONTANA
Montana Emergency Response Commission
Environmental Sciences Division
Department of Health & Environmental Sciences
Cogswell Building A-107
Helena, MT 59620
Contact: Guy Youngblood (406) 444-6911
A-3
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NEBRASKA
Nebraska Emergency Response Commission
Nebraska Department of Environmental Control
P.O. Box 98922
State House Station
Lincoln, NE 68509-8922
Contact: Clark Smith (402) 471-2186
NEVADA
Division of Emergency Management
2525 South Carson Street
Carson City. NV 89710
Contact: Bob King (702) 885-4240
NEW HAMPSHIRE
State Emergency Management Agency
Title III Program
State Office Park South
107 Pleasant Street
Concord, NH 03301
Contact: Leland Kimball (603) 271-2231
Richard Strome (Director)
NEW JERSEY
Department of Environmental Protection
CN-405
401 East State Street
Trenton, NJ 08625
Contact: Ruth Williams (609) 984-3719
NEW MEXICO
New Mexico Emergency Response Commission
New Mexico Department of Public Safety
P.O. Box 1628
Santa Fe, NM 87504-1628
Contact: Max Johnson (505) 827-9222
NEW YORK
New York State Department of Environmental Conservation
50 Wolf Road, Room 326
Albany, NY 12233-3510
Contact: Bill Miner (518) 457-4107
NORTH CAROLINA
North Carolina Emergency Response Commission
North Carolina Division of Emergency Management
116 West Jones Street
Raleigh, NC 27603-1335
Contact Vance Kee (919)733-3844
Emily Kilpatrick (919) 733-3865
NORTH DAKOTA
North Dakota State Department of Health and Consolidated Laboratories
1200 Missouri Avenue
P.O. Box 5520
Bismarck, ND 58502-5520
Contact. Charles Rydell (701) 224-2374
COMMONWEALTH OF NORTHERN MARIANA ISLANDS
Division of Environmental Quality
P.O. Box 1304
Saipan, CNMI 96950
Contact: Russell Meecham, III (670) 234-6984
OHIO
Ohio EPA
Division of Air Pollution Control
1800 Watermark Drive
Columbus, OH 43215
Contact: Cindy Dewulf (614) 644-2266
A-4
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OKLAHOMA
Emergency Response Commission
State Department of Health
P.O. Box 53551
Oklahoma City, OK 73152
Contact: Larry Gales (405) 271-8056
OREGON
Oregon Emergency Response Commission
c/o State Fire Marshall
3000 Market Street Plaza
Suite 534
Salem, OR 97310
Contact: Ralph M. Rodia (503) 378-2885
PENNSYLVANIA
Bureau of Right -To-Know
Room 1503
Labor and Industry Building
7th If Forster Streets
Harrisburg, PA 17120
Contact: James Tinney (717) 783-2071
PUERTO RICO
Title III - SARA Section 313
Puerto Rico Environmental Quality Board
P.O. Box 11488
Santurce, PR 00910
Contact: SERC Commissioner (809) 722-0077
RHODE ISLAND
Department of Environmental Management
Division of Air and Hazardous Materials
291 Promenade Street
Providence, RI 02908
Contact: Martha Delaney Mulcahey (401) 277-2808
SOUTH CAROLINA
Department of Health and Environmental Control
2600 Bull Street
Columbia, SC 29201
Contact: Ron Kinney (803) 734-5200
SOUTH DAKOTA
South Dakota Department of Water and Natural Resources
Joe FOBS Building
523 East Capitol
Pierre, SD 57501-3181
Contact: Lee Ann Smith (605) 773-3153
TENNESSEE
Tennessee Emergency Response Commission
Tennessee Emergency Management Agency
3041 Sidco Drive
Nashville, TN 37204
Contact: Lacy Suiter/Tom Durham (615) 252-3300
(800) 258-3300
TEXAS
Emergency Response Unit
Texas Water Commission
P.O. Box 13087 - Capitol Station
Austin, TX 78711-3087
Contact: David Barker (512) 463-8527
A-5
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UTAH
Utah Hazardous Chemical Emergency Response Commission
Utah Division of Environmental Health
288 North 1460 West
P.O. Box 16690
Salt Lake City, UT 84116-0690
Contact: Neil Taylor (801) 538-6121
VERMONT
Department of Health
60 Main Street
P.O. Box 70
Burlington, VT 05402
Contact: Dr. Jan Carney (Commissioner) (802) 863-7281
VIRGIN ISLANDS
Department of Planning and Natural Resources
U.S. Virgin Islands Emergency Response Commission
Title III
Suite 231
Nisky Center
Charlotte Amalie
St Thomas, VI 00802
Contact: Gregory Rhymer (809) 774-3320 ext. 169/170
VIRGINIA
Virginia Department of Waste Management
Monroe Building, 18th Floor
101 North 14th Street
Richmond, VA 23219
Contact: Wayne Halbleib (804) 225-2513
WASHINGTON
Department of Ecology
Mail Stop PV-11
Olympia, WA 98504
Contact: John Ridgway (206) 438-7252
WEST VIRGINIA
West Virginia Emergency Response Commission
West Virginia Office of Emergency Services
State Office Building, EB-80
Charleston, WV 25305
Contact: Bill Jopling (304) 348-5380
WISCONSIN
Department of Natural Resources
P.O. Box 7921
Madison, WI 53707
Contact: Russ Dumst (608) 266-9255
WYOMING
Wyoming Emergency Response Commission
Wyoming Emergency Management Agency
5500 Bishop Boulevard
Cheyenne, WY 82009
Contact: Brooke Hefner (307) 777-7566
Ed Usui (Executive Director)
A-6
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Appendix B
U.S. EPA Regional Section 313 Program Office Addresses and
Contact Individuals
Region I (CT,MA,ME,NH,RI,VT)
D wight Peavey
Pesticides if Toxics Branch
U.S. EPA Region I (APT2311)
JFK Building
Boston, MA 02203
(617) 565-3230
Region II (NJ.NY.PR)
Nora Lopei (or Ellen Banner)
Pesticides & Toxics Branch
U.S. EPA Region II (MS240)
Woodbridge Avenue, Building 209
Edison, NJ 08837
(201) 906-6890
Region III (DC,DE,MD,PA,VA,WV)
Kurt Eisner
TSCA Enforcement Section
U.S. EPA Region III (3AM31)
841 Chestnut Street
Philadelphia, PA 19107
(215)597-1260
Region IV (AL,FL,GA,KY,MS,NC,SC,TN)
Jill Perry
Pesticides and Toxic Substances Branch
U.S. EPA Region IV
345 Courtland St.
Atlanta, GA 30365
(404) 347-5014
Region V (IL,IN,MI,MN,OH,WI)
Dennis Wesolowski
Pesticides it Toxic Substances Branch
U.S. EPA Region V (5SPT-7)
230 South Dearborn Street
Chicago, IL 60604
(312) 353-5907
Region VI (AR,LA,NM,OK,TX)
Michael Nicar
Pesticides & Toxic Substances Branch
U.S. EPA Region VI (6TPT)
1445 Ross Avenue
Dallas, TX 75202-2733
(214) 655-7244
Region VII (IA,MO,NE,KS)
Ed Vest
Congressional & Intergovernmental Liaison
U.S. EPA Region VII (CIGL)
726 Minnesota Avenue
Kansas City, KS 66101
(913) 236-2806
Region VIII (CO,MT,ND,SD,UT,WY)
Dianne Groh
Toxic Substances Branch
U.S. EPA Region VIII (8AT-TS)
999 18th Street
Denver, CO 80202-2405
(303) 293-1735
Region IX (AZ,CA,HI,NV,AS,GU)
Kathleen Goforth
Pesticides and Toxics Branch
U.S. EPA Region IX (A-4-3)
1235 Mission Street
San Francisco, CA 94103
(415) 556-5387
Region X (AK,ID,OR,WA)
Philip Wong
Pesticides & Toxic Substances Branch
U.S. EPA Region X (AT083)
1200 Sixth Avenue
Seattle, WA 98101
(206) 442-4016
Emergency Planning and Community Right-to-Know Document Distribution Center
U.S. Environmental Protection Agency
P.O. Box 12505
Cincinnati, OH 45212
B-I
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Appendix C
Bibliography of Materials on the
Emergency Planning and Community Right-to-Know Act
Risk Communication and
Waste Minimization
Adapted from bibliography prepared by
the Emergency Planning & Community Right-to-Know Information Hotline
for the
U.S. Environmental Protection Agency
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Table of Contents
Page
General Information C-l
Emergency Planning and Notification (Section 301 304) Resources C-3
Reporting Requirements for Material Safety Data Sheets, C-5
Emergency and Hazardous Chemical Inventory Forms
Toxic Release Inventory (Section 313) Resources C-6
Trade Secrecy Provisions C-11
Prevention Resources C-11
Enforcement of EPCRA C-11
Waste Minimization Resources C-l2
Risk Communication and Community Awareness Resources C-13
Other Publications C-14
Other Sources of Information
Organizations C-21
Newsletters C-22
Databases C-24
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Emergency Planning and Community Right-to-Know Act Resources
Unless otherwise noted, all of the following materials are available by written request to:
The Emergency Planning and Community Right-to-Know
Information Hotline
U.S. Environmental Protection Agency
OS-120
401 M Street, SW
Washington, D.C. 20460
EPCRA General Information
"Superfund Amendments and Reauthorization Act of 1986" (P.L. 99-499)
The Congressionally signed law from which EPA was given the authority to develop the Title
III regulations.
"Emergency Planning and Community Right-to-Know (Title HI) Factsheet"
August 1988 (OSWER-88-003)
A 9-page summary of the Emergency Planning and Community Right-to-Know Act of 1986.
This document includes the requirements of each section, the facilities covered by each section and
a chart of key dates for EPCRA.
"Chemicals in Your Community, A Citizen's Guide to the Emergency Planning and Community
Right-to-Know Act" September 1988 (OSWER-88-002)
This booklet is intended to provide a general overview of the Title 111 requirements and
benefits for all audiences. Part I of the booklet describes the provisions of Title III and Part II
describes more fully the authorities and responsibilities of the groups of people affected by the law.
"It's Not Over in October; A Guide for Local Emergency Planning Committees; Implementing the
Emergency Planning and Community Right-to-Know Act of 1986" September 1988 (OSWER-88-
004)
The purpose of this pamphlet is to offer suggestions to Local Emergency Planning Committees
(LEPCs) to help them implement Title III. The pamphlet describes the function of LEPCs and
provides ideas and examples based on past LEPC, EPA and Federal Emergency Management Agency
experiences.
"Comprehensive List of Chemicals Subject to Reporting under the Act (Title III List of Lists)"
December 1988 (EPA 560/4-88-003)
A consolidated list of chemicals subject to reporting under Title III of SARA. This document
lists by CAS number the extremely hazardous substances with their threshold planning quantities, the
CERCLA hazardous substances with their reportable quantities, the Section 313 toxic chemicals and
the RCRA Hazardous Wastes from the P and U lists.
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"Title III: What It Means To You" 1987
This brochure briefly explains the main provisions of Title III and tells how citizens can
participate in and obtain information from their LEPCs.
Source:
U.S. Environmental Protection Agency
Attention: Title III Coordinator
841 Chestnut Building
Philadelphia, PA 19107
"What It Means to You: A Videotape on the Emergency Planning and Community Right-to-Know
Act," October 1989
"What It Means to You" is a 15-minute videotape that explains to businesses and community
members actions they can take to learn about chemicals in the community and steps they can take to
plan for the possibility of chemical accidents. Viewers also learn how to obtain information about
any routine releases of toxic chemicals that may take place.
This videotape is available by written request to:
Color Film Corporation
Video Division
770 Connecticut Avenue
Norwalk CT 06854
(800)882-1120
3/4" $28.95; Beta I and Beta II $20.65; VMS - $21.50
"The Emergency Planning and Community Right-to-Know Act: A Framework for Action"
Developed jointly by the EPA, U.S.D.A.'s Extension Service, and Oklahoma State University's
Cooperative Extension Service, this video aids rural public agencies in learning about and
implementing risk management practices. The video stresses that small communities can better
manage risk if they become involved with their Local Emergency Planning Committees and use the
information available under the Act.
Other materials have been prepared as part of the Extension Services' on-going training on
risk management.
This video and other training materials are available by contacting:
Department of Agricultural Communications
Public Information Building
Oklahoma State University
Stillwater, OK 74078-0222
(405) 744-6853 Video Number: VT 249
"Successful Practices in Title III Implementation'1
1. (OSWER-88-006.1), January 1989
2. (OSWER-88-006.2), August 1989
3. (OSWER-88-006.3), December 1989
This is a series of EPA bulletins providing examples of Title III programs and practices that
are innovative or have proven to be effective, the purpose of these bulletins is to share information
on successful practices with Local Emergency Planning Committees, State Emergency Response
Commissions, fire departments, and Title III implementing agencies throughout the country with the
hope that such information will prove to be useful to other State Emergency Response Commissions
and Local Emergency Planning Committees as their programs develop and evolve.
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Information Resource Directory, Office of Information Resources Management, Fall 1989. OPA 003-
89.
The Information Resource Directory contains listings and descriptions of environmental
information resources ranging from EPA and non-EPA information systems (computers, software,
and databases), contact individuals by subject area, documents, newsletters and periodicals, and
interest groups.
This document is available by written request or by contacting:
National Technical Information Service
5285 Port Royal Road
Springfield, VA 22161
(703)487-4650
Order Number: PB90-132192 ACS Cost: $29.50
Emergency Planning and Notification (Section 301 304) Resources
"Extremely Hazardous Substances List and Threshold Planning Quantities; Emergency Planning and
Release Notification Requirements;" Final Rule FR April 22,1987 (OSWER-042287)
This Federal Register contains the final rule on Sections 302 and 304 of Title III, the
emergency planning and emergency notification sections. This document does not contain the
extremely hazardous substances list; that list is an appendix to this Federal Register and is distributed
separately.
"Designation of Extremely Hazardous Substances as CERCLA Hazardous Substances" Proposed Rule
January 23, 1989 (OSWER-012389)
This Federal Register proposed to designate 232 extremely hazardous substances listed
pursuant to Title III of SARA as hazardous substances under CERCLA. Currently, 134 extremely
hazardous substances are already CERCLA hazardous substances. This proposed rule is intended to
reduce potential confusion concerning different SARA Title III and CERCLA requirements by
ensuring consistent procedures for reporting releases of all extremely hazardous substances.
"Extremely Hazardous Substance List" March 1, 1988 (OSWER-EHS-1)
The complete list of extremely hazardous substances as defined under Section 302 of Title III.
This document lists the chemicals alphabetically and by CAS number. The reportable quantity and
threshold planning quantity of each chemical is also listed.
"List of State Emergency Response Commissions/Title III Contacts" May 1990
The EPA's revised list of State Emergency Response Commissions contacts. The name, title,
address and phone number of the contacts for each state as well as some U.S. territories are listed.
"Guide to Exercises in Chemical Emergency Preparedness Programs" May 1988 (OSWER-88-006)
The purpose of this guide is to provide local and state officials with a self-contained manual
for use in conducting a wide range of chemical emergency exercises. It includes three technical
assistance bulletins (numbers one, two, and three) published by the EPA:
1. Introduction to Exercises in Chemical Emergency Preparedness Programs
2. A Guide to Planning and Conducting Table-Top Exercises
3. A Guide to Planning and Conducting Field Simulation Exercises
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"Hazardous Materials Emergency Planning Guide" March 1987 (NRT-1)
The purpose of this guide is to assist communities in planning for hazardous materials
incidents. This guide outlines the development of planning teams and hazardous materials
emergency plans. It also addresses approaches to plan appraisal and continuing planning.
"Criteria for Review of Hazardous Materials Emergency Plans" May 1988 (OSWER-NRT-1 A)
This document contains a set of criteria which may be used by the Regional Response Teams
(RRT) under the provisions of Section 303(g) of the Emergency Planning and Community
Right-to-Know Act of 1986.
"Technical Guidance for Hazards Analysis" December 1987 (OSWER-88-001)
This document provides technical assistance to local emergency planning committees in
assessing the lethal hazards related to airborne releases of extremely hazardous substances.
This guide should be used with NRT-1.
"Handbook of Chemical Hazard Analysis Procedures," FEMA/EPA/DOT.
This handbook expands "NRT-1" and "Technical Guidance for Hazardous Analysis" by
including information on explosive, flammable, reactive and otherwise dangerous chemicals. By
introducing these additional methodologies on how to plan for these and other dangerous chemicals,
this handbook serves as a stepping stone from "NRT-1" and "Technical Guidance for Hazardous
Analysis1' to a more comprehensive approach to emergency planning.
This document is available by written request to:
Federal Emergency Management Agency
Publications Department
500 C Street, S.W.
Washington, D.C. 20472
"Computer Systems for Chemical Emergency Planning," (Technical Assistance Bulletin 5), U.S. EPA,
September 1989, (OSWER-89-005)
This bulletin was developed to assist local planners in identifying computer systems applicable
to SARA Title III. The bulletin provides a checklist to help SERCs and LEPCs identify computer
systems applicable for local planning.
"Directory of Federal Information Resources for Emergency Planning and Response," National
Response Team, August 1989.
This document represents the first step at creating a comprehensive inventory guide to the
Federal Governments's information sources for emergency planning and response. The Directory
covers a broad array of types of information ranging from computer systems and databases to audio-
visual material and training documents.
"Tort Liability in Emergency Planning" (Technical Assistance Bulletin 7), January 1989 (OSWER-
89-007)
This document is technical assistance bulletin developed to assist interested persons in various
emergency planning, preparedness or prevention activities. This bulletin, developed by Dr. John Pine
of Louisiana State University, addresses concerns raised by many members of local emergency
planning committees about the liability that may arise from their planning and administrative duties.
Liability and protection from liability is discussed from the Federal and State employee perspective.
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"1987 Emergency Response Guidebook" September 1987
This guidebook lists over 1,000 hazardous materials by name and DOT number. General
hazards and isolation distances for these materials are also discussed.
This document is available by written request to:
Office of Hazardous Materials Transportation
Attn: DMH-50
Research and Special Projects Administration/DOT
400 7th Street, SW
Washington, DC 20590
Reporting Requirements for Material Safety Data Sheets,
Emergency and Hazardous Chemical Inventory Forms
"Emergency and Hazardous Chemical Inventory Forms and Community Right-to-Know Reporting
Requirements"; Final Rule; FJR October 15, 1987 (OSWER-101587)
This is the final rule on Sections 311 and 312 of Title III, the community right-to-know
section. This Federal Register contains the MSDS and inventory reporting requirements, the Tier I
and Tier II forms and instructions for these forms.
"Emergency and Hazardous Chemical Inventory Forms and Community Right-to-Know Reporting
Requirements; Implementation of Reporting Requirements for Indian Lands; Proposed Rule"; FR
March 29, 1989 (OSWER-032989)
This is the proposed rule on Section 311 and 312 of Title III, the community right-to-know
section. The Federal Register proposes reporting thresholds that would apply on or before October
17, 1989, for manufacturing facilities, September 24, 1990, for non-manufacturing facilities, and
April 30,1989 for the construction industry.
"Emergency and Hazardous Chemical Inventory Forms and Community Right-to-Know Reporting
Requirements;" Interim Final Rule and Supplemental Notice to Proposed Rule"; FJR October 12, 1989
(OSWER-081289)
This is an interim final rule on Section 311 and 312 of Title III, the community right-to-know
section. The Federal Register establishes reporting thresholds that would apply on or before October
17, 1989, for manufacturing facilities, September 24, 1990, for non-manufacturing facilities, and
April 30, 1991 for the construction industry.
"Community Right-to-Know and Small Business" September 1988 (OSWER-88-005)
This illustrated brochure is directed toward businesses that may have requirements under
Sections 311 and 312 of Title III as a result of the OSHA expansion of the Hazard Communication
Standard to include non-manufacturing businesses. The brochure provides background information
on Title III and the community right-to-know reporting requirements (Sections 311 and 312). It
describes the requirements for small businesses and helps them determine if they need to comply.
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Toxic Chemical Release Inventory (Section 313) Resources
"Toxic Chemical Release Reporting; Community Right-to-Know"; Final Rule; FR February 16, 1988
(OTS FR 021688)
The final rule on Section 313 of Title III, toxic chemical release reporting. This Federal
Register contains the toxic chemical release inventory reporting form, form R. It also contains a list
of the Section 313 toxic chemicals.
"The Emergency Planning and Community Right-to-Know Act: Section 313 Release Reporting
Requirements" December 1989 (EPA 560/4-90-002)
This 24 page brochure alerts businesses to their reporting obligations under Section 313 and
helps them determine whether their facility is required to report. The brochure contains the Section
313 EPA Regional contacts, the Section 313 toxic chemical list and a description of the Standard
Industrial Classification (SIC) codes subject to Section 313. This brochure was originally distributed
to every manufacturing facility in the U.S.
"Supplier Notification Requirements" (EPA 560/4-90-006)
This pamphlet assists chemical suppliers who may be subject to the supplier notification
requirements under Section 313 of Title III. The pamphlet explains the supplier notification
requirements, gives examples of situations which require notification, describes the trade secret
provision, lists the Regional Section 313 contacts and contains a sample notification.
"Toxic Chemical Release Inventory Reporting Package for 1989" January 1990 (EPA 560/4-90-001)
Includes the revised 1989 form R and Instructions document, Questions and Answers docu-
ment, Magnetic Media Submission Instructions, and the Section 313 Final Rule all in one document.
"Toxic Chemical Release Inventory Reporting Form R and Instructions" January 1990 (EPA 560/4-
90-007)
Step by step expanded instructions for completing the revised 1989 toxic chemical release
inventory reporting form R. This document includes a completed sample form R and a list of the
state 313 contacts as well as a copy of form R.
"Toxic Chemical Release Inventory Questions and Answers" January 1990 (EPA 560/4-90-003)
This document has been developed to expedite facility reporting and to provide additional
explanation of the reporting requirements under Section 313 of Title III. It supplements the
instructions for completing Form R.
"Toxic Chemical Release Inventory Magnetic Media Submission Instructions" January 1990 (EPA
560/7-90-008)
This document provides specifications for the use of magnetic media to submit EPA Form R.
The structural record specifications for each section of Form R are presented. These specifications
must be followed exactly for the EPA to accept the magnetic media submission.
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"Estimating Releases and Waste Treatment Efficiencies for the Toxic Chemical Release Inventory
Form" December 1987 (EPA 560/4-90-009)
This manual provides an overview of the general methods that may be used to estimate
releases subject to the reporting requirements. Examples of the application of most of the methods
discussed are included. Sources of additional information release estimation are also provided.
This document is available by written request to:
Superintendent of Documents
Government Printing Office
Washington, DC 20402-9325 202-783-3238
GPO stock number: 055-000-00270-3
$11.00
or is available free of charge by written request to:
Section 313 Document Distribution Center
P.O. Box 12505
Cincinnati, OH 45212
Order Number: EPA 560/4-88-002
"Industry Specific Technical Guidance Documents for Estimating Releases" January July 1988
These documents were developed to assist specific industries with completion of Part 111
(Chemical Specific Information) of the toxic chemical release inventory reporting Form R. The
documents include general information on the toxic chemicals used and process wastes generated,
along with examples of release estimate calculations.
Electroplating Operations Rubber Paperboard Production
January 1988 (EPA 660/4-88-004g) February 1988 (EPA 560/4-88-004k)
Presewood & Laminated Wood Products Manufacturing Leather Tanning and Finishing Processes
March 1988 (EPA 560/4-88-004i) February 1988 (EPA 560/4-88-0041)
Wood Preserving Semiconductor Manufacture
February 1988 (EPA 560/4-88-004p) January 1988 (EPA 560/4-88-004e)
Roller, Knife and Gravure Coating Operations Printing Operations
February 1988 (EPA 560/4/88/004J) January 1988 (EPA 560/4-88-OOlb)
Spray Application of Organic Coatings Monofilament Fiber Manufacture
January 1988 (EPA 560/4-88-004d) January 1988 (EPA 560/4-88-004a)
Electrodesposition of Organic Coatings Textile Dyeing
January 1988 (EPA 560/4-88-004c) February 1988 (EPA 560/4-88-004h)
Rubber Production and Compounding Formulating Aqueous Solutions
March 1988 (EPA 560/4-88-004g) March 1988 (EPA 560/4-88-004f)
"Toxic Chemical Release Inventory System Physical Design (Appendix C)" U.S. EPA Information
Management Division
This document provides details regarding the computer edits and verification procedures
established by the U.S. EPA for entering Form R information into the Toxics Release Inventory
database.
This document is available by written request or by contacting:
Regional and State Programs Section (TS-779)
Office of Toxic Substances
U.S. Environmental Protection Agency
401 M Street, SW
Washington, DC 20460 (202) 382-2249
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"The Toxics-Release Inventory: A National Perspective," June 1989 (EPA 560/4-89-005)
A compilation of information on the release of toxic chemicals by manufacturing facilities
in 1987. The report summarizes the first year of Toxics Release Inventory data, and analyzes where
toxic chemical are being released, along with the amounts and types of releases.
This document is available through written request or by contacting:
Superintendent of Documents
Government Printing Office
Washington, D.C. 20402-9325
202-783-3238
GPO stock number: 055-000-00290-8
$14.00
"The Toxics-Release Inventory: Executive Summary," June 1989 (EPA/560/4-89-006)
This document is the Executive Summary to the "Toxics-Release Inventory: A National
Perspective."
This Document is available through written request or by contacting:
Superintendent of Documents
Government Printing Office
Washington, D.C. 20402-9325
202-783-3238
GPO Stock Number 055-000-00289-4
$1.50
"Toxic Release Inventory 1987"
This magnetic tape contains the complete listing of facilities and information submitted to the
EPA for the first reporting year (1987) of the Toxic Chemical Release Inventory.
This tape is available by written request or by contacting:
National Technical Information Service
5285 Port Royal Road
Springfield, VA 22161
703-487-4650
Order number: PB89-I86068
$1770 at 1600 BPI density, and
$890 at 6250 BPI density
"Toxic Release Inventory 1987: Reporting Facilities Names and Addresses"
This is a directory of the 1987 Toxic Release Inventory reporting facilities, the tape contains
the following information for each reporting facility: facility name and address, the public contact
and phone number, SIC codes, Dunn and Bradstreet number, also parent company name and parent
company Dunn and Bradstreet number.
This tape is available by written request to:
National Technical Information Service
5285 Port Royal Road
Springfield, VA 22161
703-487-4650
Order number: PB89-I86118
$220 at 1600 or 6250 BPI density
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"The Toxic Release Inventory: Meeting the Challenge" April 1988
This 19 minute overview videotape is designed to explain toxic release reporting to plant
facility managers and others who need to know about the requirement. State governments, local
Chambers of Commerce, labor organizations, public interest groups, universities, and others may also
find the video program useful and informative.
To purchase, write or call:
Color Film Corporation
Video Division
770 Connecticut Ave.
Norwalk, CT 06854
800-882-1120
3/4 inch = $30.75; Beta = $22 95; VMS = $22.00
"Common Synonyms for Chemicals Listed Under Section 313 of the Emergency Planning and
Community Right-to-Know Act of 1986" November 1989 (EPA 560/4-90-005)
This glossary is divided into two parts. Part I is a listing by CAS number of each Section 313
toxic chemical followed by common synonyms for that chemical. Part 2 contains names and
synonyms in an alphabetical listing. This glossary enables the trade and common names of a substance
to be matched to that substances's CAS number or to other synonyms.
"Toxic Release Inventory State Data"
Diskettes containing selected information by state. The following information reported on
Form R is included on each states diskette:
-name, location and type of business
-Off-site locations to which facility transfers toxic chemicals in waste
-Quantity of the chemical entering each environmental
medium; air, land, and water annually
The state files are available in 5 1/4 high density (1.2Mb)diskettes compatible with the 1
MB/DC-AT microcomputer, in either dBase III or Lotus 1 -2-3 formats.
These diskettes are available by written request or by contacting:
National Technical Information Service
5285 Port Royal Road
Springfield, VA 22161
703-487-4650
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LOTUS 1-2-3
STATE
COMPLETE SET
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Florida
Georgia
Hawaii
Iowa
Idaho
1 1 linois
Indiana
Kansas
Kentucky
Louisiana
Maine
Massachusetts
Maryland
Michigan
Minnesota
Mississippi
Missouri
Montana
North Carolina
North Dakota
Nebraska
New Hampshire
New Jersey
New Mexico
Nevada
New York
Ohio
Oklahoma
Oregon
Pennsylvania
Puerto Rico
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Virgin
Washington
West Virginia
Wisconsin
Wyoming
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Trade Secrecy Provisions
"Trade Secrecy Claims for Emergency Planning and Community Right-to-Know Information; and
Trade Secret disclosures to Health Professionals; Final Rule"; FR July 1988 (OSWER-72988)
The final rule containing the procedures for claims of trade secrecy, for EPA's handling of
such claims, for submission and handling of petitions requesting reviews of trade secrecy claims and
for disclosure to health professionals of information claimed as a trade secret. This Federal Register
contains the substantiation form and instructions.
Prevention Resources
"Review of Emergency Systems: Final Report to Congress" June 1988 (OSWER-305B)
This document details the approach, findings and recommendations of the EPA's review of
emergency systems as required under Section 305(b) of SARA Title III. This report documents the
surveys, evaluations, site visits and expert panels which contributed to the Review.
"Why Accidents Occur: Insights from the Accident Release Program" (Technical Assistance Bulletin
8), U.S. EPA, July 1989, (OSWER-89-008.1)
This bulletin focuses on the causes of accidents from the information collected under the
Accidental Release Information Program. The purpose of the bulletin is to present insights taken from
the program to LEPCs to help in communications with local facilities.
Enforcement of EPCRA
"When All Else Fails! Enforcement of the Emergency Planning and Community Right-to-Know Act"
This 12 page pamphlet is self-help manual for LEPCs. This pamphlet contains information
on State and local authority to request information from facilities and provides tips to help Local
Emergency Planning Committees ensure that facilities covered by SARA Title III are complying with
the law. The material presented outlines the enforcement authorities granted to citizens, local
governments, States, and EPA.
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Waste Minimization Resources
Waste minimization or reduction means reducing hazardous waste at its source, before it is
generated. The following publications promote waste reduction as a general policy.
"Cutting Chemical Wastes: What 29 Organic Chemical Plants are Doing To Reduce Hazardous
Wastes," By David J. Sarokin, Warren R. Muir, Catherine G. Miller, and Sebastian R. Sperber, New
York, NY: INFORM, 1985.
Case studies explore some of the methods used by organic chemical plants to reduce hazardous
waste at its source. Hazardous waste in this case refers not only to solid wastes but also to air
emissions and wastewater discharges. The book's purpose is to "spur heightened initiatives and
broader consideration by government and business of how waste reduction can be accelerated."
Source:
INFORM, Inc.
381 Park Avenue South
New York, NY 10016
212-689-4040
$47.50.
"Promoting Hazardous Waste Reduction: Six Steps States Can Take," Warren R. Muir and Joanna
Underwood, New York, NY: INFORM, 1987.
This report identifies six organizational initiatives that State governments can take to promote
reduction of hazardous waste at its source before it is generated.
Source:
INFORM, Inc.
381 Park Avenue South
New York, NY 10016
212-689-4040
$3.50.
"Waste Minimization Opportunity Assessment Manual," July 1988 (EPA/625/7-88/003)
This manual describes the recommended procedure for identifying waste minimization
applications.
This manual is available by written request to:
ORD Publications Office
Center for Environmental Research Information
26 West Martin Luther King Drive
Cincinnati, OH 45268
12
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Risk Communication and Community Awareness Resources
"Explaining Environmental Risk" November 1986
This document provides tips on communicating environmental risks to both the media and the
general public in an effective and understandable way. The booklet was written by Peter Sandman,
a noted expert on risk communication.
"Seven Cardinal Rules of Risk Communication" April 1988
This brochure provides guidelines which should be used to adequately communicate
environmental risk.
Toxic Chemical Release Inventory Risk Screening Guide (Version 1.0), U.S. EPA Office of Toxic
Substances, Volumes 1 and 2, EPA 560/2-89-002, July 1989.
The Risk Screening Guide provides a framework for interpreting and explaining environmental
pollution, exposures, and health risks to the general public, especially at the local or sub-state level.
The system uses Section 313 information and other readily available information to generate a
qualitative (low, moderate, high) expression of risk for a given geographic area.
"Report of a Conference on Risk Communication and Environmental Management" (Technical
Assistance Bulletin 4), U.S. EPA, May 1988.
This bulletin contains a summary of the presentations presented at a risk communication and
environmental management conference at Temple University. The bulletin presents opinions and
judgements from the "experts" in the field and do not necessarily reflect EPA policy.
"Risk Communication About Chemicals In Your Community: A Manual For Local Officials," U.S.
EPA/FEMA, (EPA 230/09-89-66).
This workshop manual will help local officials learn how to respond to public questions about
chemical risks. This manual also contains additional assistance and information about hazardous
materials.
Toxic and Hazardous Chemicals, Title III and Communities: An Outreach Manual for Community
Groups, U.S. EPA Office of Pesticides and Toxic Substances, September 1989, EPA 56-1-89-002.
A three part handbook for state and local government officials, LEPCs, and other community
groups involved in Title 111. Part 1 discusses planning a communication program. Part II suggests
ways to get and keep people involved in community right-to-know activities. Part III is a how-to-
do-it section offering guidance on specific tasks such as holding a public meeting, giving a speech,
or writing a press release.
13
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"The Process of Risk Assessment and Risk Management," New York, NY: U.S. EPA, 1987.
The four major steps in a risk assessment are summarized, with examples from an actual
assessment and explanations of the most technical terms. Risk management is briefly outlined.
Source:
U.S. Environmental Protection Agency
Environmental Assistance Division (TS-799)
401 M Street, SW
Washington, DC 20460
(202)382-3442.
"Improving Dialogue With Communities: A Risk Communication Manual for Government" By B.
Hance, et al., New Jersey Department of Environmental Protection, January 1988.
This document explains how government agencies can generate two-way communication with
communities by emphasizing understanding the community's point of view; earning trust; releasing
information; interacting with the community (especially at public meetings); and explaining risk.
Source:
New Jersey Department of Environmental Protection,
Division of Science and Research
Risk Communication Unit, CN 409
Trenton, NJ 08625
609-984-6072
"Risk Assessment, Management, Communication: A Guide to Selected Sources," U.S. EPA, 1987
(EPA IMSD/87-002)
This bibliography includes many journal articles and some monographs on risk assessment,
management, and communication, and includes a section on "Informing the Public."
This document is available by written request to:
U.S. Environmental Protection Agency
Office of Information Resources Management and Office of Toxic Substances
Washington, DC 20460
Other Publications
"The Emergency Planning and Community Right-to-Know Act: A Status of State Actions - 1989"
April 1989
The purpose of this document is to report the status of State Title III program and focuses on
how States have addressed key issues, including funding liability of volunteers, and enforcement.
This report is available by sending a pre-paid written request to:
National Governors Association
Hall of the States
444 North Capitol Street
Suite 250
Washington, DC 20001-1572
$15.00
14
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"Title III Community Awareness Workbook" January 1988
Written for the chemical industry, this guide examines communication issues that chemical
companies must consider in light of Title III, including risk communication methods, community
relations, and working with the media.
This document is available by written request or by contacting:
Chemical Manufacturers Association
2501 M Street NW
Washington, DC 20037
202-887-1100
Members: $17.50 Nonmembers: $26.25
"Chemicals, The Press, and The Public: A Journalist Guide To Reporting on Chemicals in the
Community," A Journalist Guide to Reporting on Chemicals in the Community, 1989.
This guidebook gives journalists insights into reporting on the information disclosed under
Title III. It reviews the key provisions of Title III and methods to obtain Title III related chemical
information.
Source:
Environmental Health Center
National Safety Council
1050 17th Street, N.W., suite 770
Washington, D.C. 20036
"Community Guide to Title III" 1988
Questions and answers that outline the basic provisions of Title III in this handout for
chemical companies to distribute in their communities.
Source:
Chemical Manufacturers Association
2501 M Street NW
Washington, DC 20037;
202-887-1100
$.50 nonmembers, $.35 members
"Monsanto/Title III Community Videotape" 1987
This 20 minute video written to aid industry in complying with Title III discusses the four
main provisions of Title III and depicts community members with environmental concerns,
community organizations, local officials, and plant managers all working together to implement the
law.
This document is available by written request or by contacting:
Environmental and Community Relations Manager
Monsanto Company, G4WF
800 North Lindbergh Boulevard
St. Louis, MO 63167.
15
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"Understanding MSDSs: Your Right To Know,'1 Massachusetts Department of Labor and Industries,
no date.
This pamphlet explains exactly what are Material Safety Data Sheets (MSDSs), the fact
sheets on specific chemicals prepared by manufacturers, that will be available to the public under
Title III. This tabloid-sized pamphlet explains how to interpret them section by section, and defines
some frequently encountered terms.
Source:
Massachusetts Department of Labor and Industries
Division of Occupational Hygiene
Right to Know Program
1001 Watertown St.
West Newton, MA 02165
617-969-7177
Title III of SARA: A Guide for Massachusetts Municipalities and their Local Emergency Planning
Committees, Massachusetts Department of Environmental Protection, June 1988.
An envelope-size eight-page brochure targeted at LEPC members describes Title III of SARA,
the requirements of §301-303, §304, §311-312, and §313, and the roles of LEPCs in overseeing Title
III activities. Also included are a list of contact individuals (with the SERC, and state and federal
Title III and emergency response agencies), SARA dates to remember, and emergency telephone
numbers.
An Employer's Guide to Title III of SARA: Emergency Planning and Community Right-to-Know
Act, Massachusetts Department of Environmental Protection, April 1988.
An envelope-size eight-page brochure targeted at employers in the manufacturing sector
describes Title III of SARA, the requirements of §301-303, §304, §311-312, and §313, and how to
determine if you are subject to filing requirements under Title III. Also included are a list of state
SERCs with which to file MSDSs and emergency notifications, a resource list of individuals at state
and federal agencies to contact with questions (organized by subject), SARA dates to remember, and
emergency telephone numbers.
"Chemical Advisories," U.S. Environmental Protection Agency, 1984-1986.
This series of fact sheets warns manufacturers, employees, and homeowners of the hazards
of the following substances: 2-nitropropane; used motor oil (in English and Spanish); nitrosamines;
p-tert-Butyl benzoic acid; 4,4'-methylene bis(2 -chloroaniline; toluenediamines; and used oil burned
in space heaters.
Source:
U.S. Environmental Protection Agency
Office of Toxic Substances (TS-799)
401 M Street SW
Washington, DC 20460
202-554-1404
16
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"High Tech and Toxics: A Guide for Local Communities" By Susan Sherry, Washington, DC. Golden
Empire Health Planning Center, 1985.
The electronics manufacturing and semiconductor industry uses a variety of toxic substances.
This manual examines problems of pollution in the high tech industry and provides a
detailed guide to citizen involvement in evaluating and regulating these and other local health hazards.
Source:
National Center for Policy Alternatives
2000 Florida Avenue, NW
Washington, DC 20009
202-387-6030
$25.95.
"Environmental Disease" By David P. Rail, Bethesda, MD, National Institutes of Health, 1982.
An overview of how scientists study the link between chemicals and health effects and what
they have learned is presented in general lay terms. The issue of animal testing receives
special attention.
Source:
National Institutes of Health News Branch
National Institutes of Health
Building 10, Room 5C305
Bethesda, MD 20892.
"Toxicology for the Citizen, 2nd ed." By Alice E. Marczewski and Michael Kamrin, East Lansing.
MI: Michigan State University, Center for Environmental Toxicology, 1987. (Funded in part by the
Charles Stewart Mott Foundation)
This booklet explains in lay terms the science of toxicology, describing factors that determine
toxicity, how toxicity is measured, and how standards for exposure are set.
Source:
Center for Environmental Toxicology
C231 Holden Hall
Michigan State University
East Lansing, MI 48824
$1.00
"Toxics in the Air" by Richard A. Liroff. Washington, DC: The Conservation Foundation, 1987.
One of the Foundation's Issue Reports, this monograph summarizes the risks of indoor and
outdoor air pollution and describes Federal, State, and local programs to reduce pollution. The
Foreword explains that the emphasis is on "focusing attention and remedial action on where the
greatest risks occur. This requires paying greater attention both to reducing indoor exposures and to
preventing industrial accidents."
Source:
The World Wildlife Federation and Conservation Foundation
Publications Department-86
P.O. Box 4866
Hampden Post Office
Baltimore, MD, 21211
$13.00 prepaid plus $1.00 shipping.
17
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"Strategies for Explaining Very Small Risks in a Community Context" By A. Fisher et al., The Air
and Waste Management Association, 1988.
This paper, prepared for Air Pollution Control Association's 1988 meeting, discusses risk
communication within communities.
Source:
Air and Waste Management Association
P.O. Box 2861
Pittsburgh, PA 15230
412-232-3444
Paper number 88-120.2
Members $5.00, non-members $10.00
"The Community Partnership: A Hazardous Materials Management Planning Guide" Chicago, IL:
The National Safety Council, 1987.
This guide discusses the formation of Local Emergency Planning Committees and sets out the
steps a Committee must take to formulate an Emergency Preparedness Plan, as mandated by Title III.
Separate sections address participation in such Committees from industry's point of view, from
government's point of view, and from the point of view of a partnership between the public and
private sectors.
Source:
National Safety Council
444 North Michigan Avenue
Chicago,IL 60611-3991
312-527-4800
$7.00 members, $8.75 non-members.
"The Toxic 500," National Wildlife Federation, 1989
The report ranks the top 500 toxic chemical emitters reporting to EPA on the 1987 Toxic
Release Inventory. It gives the facility name, city, county, state and zip code of emitters. The report
also ranks the top 100 emitters in 7 other categories and provides known health effects of various
toxic chemicals.
This report is available through written request or by contacting:
The National Wildlife Federation
1400 16th Street SW
Washington, D.C. 20036 800-432-6564
Item number: 79965
$25 non-members, $13.50 members
"A Who's Who to American Toxic Air Polluters," National Resource Defence Council (NRDC), 1989
This report lists emitters of 11 chemical that have been identified as probable carcinogens to
the air. It provides a listing of facilities and the amount of the chemical emitted in 1987. The report
also provides information on the health effects and common uses of the 11 probable carcinogens.
This document is available through written request or by contacting:
National Resource Defense Council
1300 New York Ave, NW
Washington, D.C. 20005 202-783-7800
$25.00
18
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"The Chemicals Next Door" USA Today July I August 3, 1989.
A series of articles presented release information from calendar year 1987. The articles highlighted
top emitting facilities, rank of states according to quantity of various releases, etc.
Available from:
USA Today
Back Issues Department
P.O. Box 4179
Washington, DC 20904
$6
"Toxic Chemicals: Information is the Best Defense" Sacramento, CA: League of Women Voters of
California, 1986. (Funded by the BKK Corporation)
A two-part, award-winning documentary, this videotape with accompanying handbook shows
why it is important for citizens and local officials to know about the chemicals being used in their
communities. Part I, "Who Needs to Know," gives an overview of the problems posed by toxics; Part
II, "Developing a Community Right to Know Law," shows how people in one community worked
together to create a model local ordinance. Available on videocassette, each part 26 minutes.
Source:
Bullfrog Films, Inc.
Oley, PA 19547
1-800-543-FROG
Purchase: $95.00/part
Rental: $30.00/parts I and II
"Chemical Risk Communication: Preparing for Community Interest in Chemical Release Data"
October 1988
This handbook, prepared by the American Chemical Society, provides a basic understanding
of risk assessment concepts and risk communication techniques that can be used as a framework when
responding to questions from the public about releases of chemicals to the environment. It is designed
to help local public health officials and other local leaders encourage citizen discussions that are
productive and constructive.
Source:
American Chemical Society
1155 I6thSt, NW
Washington, D.C. 20036
"Air Toxics 1"; "Air Toxics Update 2"; "Air Toxics Update 3"; "Air Toxic Update 4"; "Air Toxics
Update 5," Sacramento, CA: California Air Resources Board, 1986, 1987
This series of five fact sheets explains to the general public what the State of California is
doing to control toxic substances in the environment and discusses the risks associated with several
specific chemicals.
Source:
Air Resources Board Stationary Source Division Chief, Toxic Pollutants Branch
P.O. Box 2815
Sacramento, CA 95812
916-322-6023
19
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"What To Do In Case of a Chemical Emergency," Baltimore, MD: Mayor's Hazardous Materials
Advisory Council, no date.
A list of short, simple instructions telling people how to protect themselves during a chemical
emergency.
Source:
City of Baltimore Fire Department
Oldtown Station
1100 Hillen Street
Baltimore, MD 21202
301-396-5756.
"Directory of Accredited Laboratories, 1988," Gaithersburg, MD: American Association for
Laboratory Accreditation, 1988.
Included in this listing are laboratories accredited for environmental testing of drinking water,
wastewater, solid waste, hazardous waste, toxic substances, and pesticide residues.
Source:
American Association for Laboratory Accreditation
656 Quince Orchard Road, No. 704
Gaithersburg, MD 20878
301-670-1377
"Health Effects of Toxic Substances: A Directory of References and Resources, 1986," By Hanafi
Russell et al. Sacramento, CA: California Department of Health Services, c!984, 1985.
Print reference books, online databases, and organizations are included in this directory;
asterisks indicate books essential for a basic reference library on toxics.
Source:
California Department of General Services Publication Section
P.O. Box 1015
North Highlands, CA 95660
916-924-4800
Document Number: 7540-958-1300-3
20
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OTHER SOURCES OF INFORMATION
Organizations
American Chemical Society (ACS). ACS distributes educational brochures on various topics,
including groundwater, risk assessment, and risk communication.
Contact:
American Chemical Society
1155 16th Street NW
Washington, DC 20036.
Chemical Education for Public Understanding Project (CEPUP). With the goal of fostering
greater public awareness, knowledge, and understanding about chemicals and how they interact with
our lives, CEPUP is developing hands-on instructional materials for use both in middle schools and
with the public.
Contact:
CEPUP
Lawrence Hall of Science
University of California
Berkeley, CA 94702.
Michigan State University. MSU's Center for Environmental Toxicology produces fact sheets
and other materials for the public on toxic chemicals. Some are distributed through the
state's Cooperative Extension Service.
Contact:
Center for Environmental Toxicology
C231 Holden Hall
Michigan State University
East Lansing, MI 48824.
Public Health Foundation, Environmental Health Program. Established by the Association
of State and Territorial Health Officials, the Public Health Foundation publishes directories of
environmental health and laboratory services and other publications on environmental health.
Contact:
PHF Environmental Health Program
1220 L Street NW
Washington, DC 20005
202-898-5600.
Environmental and Occupational Health Sciences Institute. Among other activities the
Institute has developed a model program to provide information and services to the general public,
small industry, employees, schools, and professionals. The Institute is jointly sponsored by the
University of Medicine and Dentistry of New Jersey-Robert Wood Johnson Medical School and
Rutgers University.
Contact:
EOHSI
657 Hoes Lane
Piscataway, NJ 08854-5635
21
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Working Group on Community Right To Know. This group, affiliated with the Environ-
mental Policy Institute, represents a coalition of voluntary groups with environmental concerns. It
has compiled nine information packets for citizens on Title III, each covering a topic such as
documents for Local Emergency Planning Committees, risk communication, and risk assessment. The
packets contain newspaper articles, fact sheets, sample forms, case studies, and more.
Contact:
Working Group on Community Right-to-Know
218 D Street, S.E.
Washington, DC 20003
202-544-2600.
Newsletters
Community Right-to-Know News. Washington, DC: Thompson Publishing Group.
Published twice a month, this publication is aimed at companies and communities affected
by Title III. It reports on Federal and State activities, emergency response programs, and industry
liability.
Source:
Thompson Publishing Group,
Subscription Service Center
P.O. Box 76927
Washington, DC 20013
1-800-424-2959 or 202-872-1766
$340.00 per year.
Kansas Right-to-Know News, Kansas Department of Health and Environment
The three to four-page newsletter contains news about Title III developments within Kansas,
in other states, and in Federal Title III programs. Brief stories usually provide contacts for further
information and cover the activities of Kansas' Title III programs, regulatory updates, data
management developments, a question (from industry) and answer column, and notification of
continuing education opportunities, presentations, and conferences.
Source:
Kansas Department of Health and Environment
Building 740, Forbes Field
Topeka, KS 66620
(913)296-1690
Right-to-Know Planning Guide, The Bureau of National Affairs, Inc.
Written for the regulated community, this biweekly publication relates current Title III
information. Subscription cost includes a biweekly newsletter and supplemental right-to-know
material.
Source:
The Bureau of National Affairs, Inc.
Customer Service
1231 25th Street, N.W.
Washington, D.C. 20037
(800)372-1033
$452.00/year
22
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The Great Lakes United, Great Lakes United
This newsletter is published by a voluntary organization that monitors pollution in the Great
Lakes area and works for a cleaner environment. Articles focus on legislative and regulatory news
and on the activities of other environmental groups.
Source:
Great Lakes United
248 Cassety Hall
State University College at Buffalo
1300 Elmwood Avenue
Buffalo, NY 14222
(716)886-0142
National Air Toxics Information Clearinghouse Newsletter. Research Triangle Park, NC: National
Air Toxics Information Clearinghouse.
This bimonthly newsletter for State and local air pollution control agencies contains news of
clearinghouse and other agency activities, State and local programs, and current research.
Source:
Pollutant Assessment Branch
U.S. Environmental Protection Agency, MD-12
Research Triangle Park, NC 27711
Sierra Club Hazardous Materials/Water Resources Newsletter. Olympia, W: Sierra Club National
Hazardous Materials and National Water Resources Committees.
This quarterly newsletter provides a means for volunteer activists to communicate with each other
about resources, research, and activities.
Source:
Hazardous Materials/Water Resources Newsletter
P.O. Box 474
Olympia, WA 98507
Voluntary contributions requested.
Toxics Law Reporter, The Bureau of National Affairs, Inc., 1989
This weekly newsletter reviews toxic torts, hazardous waste regulation, and insurance
litigation.
Source:
The Bureau of National Affairs, Inc.
1231 25th Street, N.W.
Washington, D.C. 20037
800-372-1033
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Databases
"TOXLINE," Bethesda, MD: National Library of Medicine.
Available online through a modem connection or in a medical library, this database provides
citations, and often abstracts, for journal articles and monographs. Topics are human and animal
toxicity studies, effects of environmental chemicals and pollutants, and adverse drug reactions.
For information:
National Library of Medicine,
MEDLARS Management Section
8600 Rockville Pike
Bethesda, MD 20894
800-638-8480 or 301-496-6193.
"TOXNET," Bethesda, MD: National Library of Medicine.
Also available online, this database contains technical information on hazardous substances
and research results on potential carcinogens. In addition, the Toxic Release Inventory database is
available on this online service.
For information:
National Library of Medicine
Specialized Information Services Division
8600 Rockville Pike
Bethesda, MD 20894
301-496-6531.
"ROADMAPS" U.S. EPA
The ROADMAPS database is a PC-based index to information sources within EPA containing
summary information on chemical toxicity and major regulations. ROADMAPS diskettes is available
through Regional Section 313 Coordinators.
This document is available by written request or by contacting:
National Technical Information Service
5285 Port Royal Road
Springfield, VA 22161
(703)487-4650
Order Number: PB89-133-631 Cost: $ 180.00
"CCINFO disc,1' Hamilton, Ontario, Canada: Canadian Center for Occupational Health and Safety.
CCINFO disc is a compact disk with several toxic substance databases. New Jersey's
Hazardous Substance Fact Sheets are also accessible through this service. Subscribers receive four
updated disks a year.
For information contact:
CCINFOdisc
Inquiries Service
Canadian Center for Occupational Health
and Safety
250 Main Street East
Hamilton, Ontario, Canada L8NIH6
416-572-2981.
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"Hazardous Materials Information Exchange (HMIX)," U.S. DOT.
HMIX is a clearinghouse designed to provide Federal, state, local and private-sector
organizations with a means of sharing information about prevention of, preparation for, and
mitigation of hazardous material emergencies.
For information contact:
Research and Special Programs Administration
Office of Hazardous Materials Transportation
Federal, State and Private-Sector Initiatives Division
400 Seventh St., S.W., DHM-52, Room 8434
Washington, D.C. 20590
202-366-4900
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Appendix D
Example of a Memorandum of Understanding
Such a memorandum of understanding (MOU) can be used 1) to clarify the responsibilities
of various agencies involved with EPCRA Section 313; 2) to establish a single lead agency for
activities undertaken by more than one agency; and 3) to establish protocols for notification and
sharing of information. For the purposes of this example, it is assumed that all Title III programs are
located in the state's Department of Environmental Protection ( DEP) and that the state has passed
its own version of a community right-to-know law that mirrors the federal act. For each state, the
details of any state-U.S. EPA MOU would be different. For example, the Section 313 program may
be part of one state agency and the rest of EPCRA may be part of another. In that case, the MOU
should include all three agencies.
MEMORANDUM OF UNDERSTANDING
between
ate X Department of Environmental Protection
and
U.S. Environmental Protection Agency
This Memorandum of Understanding (MOU) is made and entered into this day of
, 19 by the Department of Environmental Protection ( DEP) and
the Region United States Environmental Protection Agency (U.S. EPA), for the purposes of
identifying and coordinating compliance and enforcement activities and describing the parties' mutual
understanding of compliance responsibilities. The object of this MOU is to achieve maximum benefit
and efficiency and avoid duplication of efforts while discharging the parties' respective duties. This
agreement is made under the authority of the [the state community right-to-know
law], and the Emergency Planning and Community Right-to-Know Act of 1986 (P.L. 99-499)
(hereinafter referred to as EPCRA). Further, this Memorandum of Understanding will address the
responsibilities and activities of these agencies in support of the State Emergency
Response Commission established pursuant to said federal and state acts.
Whereas, Section of [state law] provides for the adoption of Sections
302 (c), 303 (d), 304, 311, 312, 313 and 323 of EPCRA;
Whereas, Section of [state law] provides for orders to comply with
certain requirements; enforcement; civil penalties; and sharing enforcement authorities; and Section
325 of EPCRA provides for enforcement authority;
Whereas, Section of [state law] and Section 325 of EPCRA provides for
civil and criminal penalties for certain actions;
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Whereas, the need exists for a sharing of information and inspection findings between the two
agencies;
Therefore, it is hereby agreed between DEP and U.S. EPA that the discharge of the duties,
pursuant to the federal and state acts and in support of the State Emergency Response
Commission, are designated to the agencies as indicated:
1 DEPARTMENT OF ENVIRONMENTAL PROTECTION
A. Provides staff and administrative support to fulfill the compliance and enforcement
responsibilities as set forth under the [state law].
B. Notifies U.S. EPA of all requests for compliance, inspections, or complaints received
pursuant to Section 313 of EPCRA.
C. Maintains primacy for conducting inspections and enforcement actions pursuant to
EPCRA Sections 302(c), 303(d), 311 and 312 within the state of .
D. Makes available and forwards to U.S. EPA at their request information or copies of
reports generated from inspections by DEP.
E. Agrees to take EPCRA enforcement action in accordance with applicable EPCRA
penalty policies.
F. Upon request, provides the U.S. EPA with support documentation leading to
enforcement actions initiated by DEP.
2. ENVIRONMENTAL PROTECTION AGENCY
A. Maintains the lead on inspections and enforcement actions pertaining to EPCRA
Section 313. U.S. EPA will notify DEP of any scheduled inspections, for the
purpose of conducting joint U.S. EPA/ DEP inspections.
B. Notifies and forwards to DEP any requests for inspections to be performed under
Sections 302(c), 303(d), 304, 311 or 312.
C. Upon request, provides DEP copies of all EPCRA inspection reports and resulting
actions taken within the state of .
3. JOINT AGREEMENTS
A. The parties agree that the costs of all services will be born by the party providing
such.
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B. For the purpose of enforcement of both the state and federal acts, any action taken
by one party will not preclude an action being taken by the other party.
C. Nothing in this agreement should be construed so as to override, supercede, or change
the provisions of the [state law] towards the responsibilities of the State
Emergency Response Commission. The parties agree to share facility and chemical
database information, progress reports, results of inspections and/or decisions as to
actions taken on both joint and individual inspections performed.
D. This MOU may be terminated by 30 days notice and written approval by either
agreeing party or automatically upon the enactment of a law which is in conflict with
this agreement.
E. For the purposes of this MOU each agency agrees to establish a single point of
contact.
F. It is further agreed by parties to this MOU that each share an informational liaison
and subsequent involvement for the purpose of this MOU, with appropriate personnel
of the Division of Emergency Preparedness and U.S. EPA's EPCRA
Section.
G. This agreement shall become effective upon the signatures of each parties'
representatives.
Program Manager Date Branch Chief, U.S. EPA Date
Emergency Services, DEP
Coordinator Date Coordinator Date
Section 313 Program, DEP Section 313 Program, U.S. EPA
U.S. Government Printing Office : 1990 261-069/24159
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