UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
OFFICE dp
PESTICIDES AND TOXIC SUBSTANCES
MEMORANDUM"
SUBJECT
FROM:
THRO
TO:
III Speakers Handbook
Charles L. Elkins, Director
Office of Toxic Substances (TS
James L. Makris, Director
Preparedness Staff, OSWER (WH
Susan Bullard, Chair
Outreach Subcommittee^ OEA (A-}03)
Addressees
Enclosed is a variety of material that may prove
useful to those of you representing the Agency as a Title
III Speaker. The material is organized under three general
categories: Title III Speeches; Title III Talking Points and
Outlines; and Supplemental Title III Information. Within
these categories, the Title III Speaker will find information
ranging from a generic Title III speech to talking points on
Section 313 that are suitable for industry groups. Tliere is
also supplemental information that speakers may wish to use
in .their own speeches. Periodic updates of material will be
forthcoming and self explanatory.
We wish to impress on each of you the importance of your
ro'ie asoa Title III Speaker in putting the entire program in
cbntext;KxA good measure of the success of this important
prog raffle? lies with the public's and the regulated communities'
un'ders&anding. As a Title III Speaker you may provide the
only direct link between the audience and the program. It
is, therefore, vital that each of you consider this as you
accept-^peak-Ing engagements and prepare your speeches.
If you have additional information and would like to
include;.dfc in the handbook, or if you need assistance in
obtaining supporting materials for presentations, please
contact Mike McDonell at FTS 475-8995.
-------
u
-<=o Sr,,
\ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
/ , WASHINGTON, D.C. 204F-/}
'
O I 1" 1C- u •-
PESTICIDES fl NO TOXIl. SubSTANCtS
MEMORANDUM
SUBJECT: Update, of Title-Mil
Speakei s Handbook
FROM: Susan.,.3ullard, Chaxi r vi'---^a- -n^/
Outireach :•Svjbcomm.it uee, OEA (CA-103)
'••""'
Ad d r e s s e o s
Attached you will find new material for insertion into
the Title III Speakers Handbook. Plea-e discard the o^d
material and add the new material as follows:
"Index
"Tab A-l- General Audience Speech,
Revised 3/24/89
. °Tab A-2- Generals-audience Speech :
; .. - ";Now. It 's:* Everybody's. Job"
Title I;II;.,'-; J.im Makris ;_,.
"Tab A-a- .Notes on SARA Toxic Release
laventory and Congressman
. Waxonan''s 'Statement
\.,*: ... •'*.-. ..'\_ ; ' '"
°Tab A-r4- 'General-;, Audience Speech
?'•'"•:•' '. "Upda-tei..pn..E;PA';:s Implementafeion
'"''"•'.'•!'' :-',t and En'f'prcement of Section/313.
"•••:/••'"•''%€ SA%-J'iritle'. IJI", Mike Shapiro
0 Tab' A-'5 - * Di s;tf^r,4:--
.',',)..: .' . ,-••.•'.' ..
°Tab'C-2- The'Eme'r^'ncy.;Planning and
' - Cqmmun.iit^J,-'RightTto-Know Act .
•Section.-'.S^'S-' Reporting ;Requiremen"ts
(pamphlet: .Dec'eroiDier 1983)
-------
r
°Tat> C-3- Special: Publicly Available
Title III Documents
"Tab C-4- Roster (updated)
"Tab C-7- Community Right-to-Know
and Small Business (booklet- ^
"Tab C-8- Toxic Chemical Release
Inventory Questions and Answers
(booklet)
"Tab C-9- Chemicals in Your Community
(booklet)
"Tab C-ll- It's not over in October!
A Guide for Local Emergency
Planning Committees (booklet)
°Tab C-13- Chemical F/sks Communication
(booklet)
*
"Tab C-14- TiMe i. x I ..^ _., i,-_ v_ ,_
(August 1988)
°Tab C-15- TRI Fact Sheet
If you have any questions regarding this material or
the Speakers Handbook, please contact Mike McDonell at
475-8995. It is our intention to revise the Handbook
peridically throughout the year; your suggestions and
contributions are requested.
-------
Index
Title III Speeches (Tab A)
General Audience Speech-(Revised)
Emergency Planning and Community
Right-to-Know Act of 1986 (A-l)
General Audience Speech-
Title III, Jim Makris - "Now It's Everybody's Job" (A-2)
Notes on SARA Toxic Release Inventory
and Congressman Waxman's Statement (A-3)
General Audience -
Section 313, (Update) Mike Shapiro (A-4)
Talking Points and Outlines (Tab B)
Title III, Section 313 Talking Points
(can be used with section 313 .overhead/
slide show) (B-l)
Supplemental Information (Tab C)
Emergency Planning and Community
Right-to-Know Law -
A New Videotape on Section 313 (pamphlet) (C-l)
The Emergency Planning and Community Right-to-
Know Act - Section 313 Release Reporting
Requirements (pamphlet December 1988) (C-2)
Special: Publicly Available Title, III Documents (C-3)
Roster, Emergency Planning/Community Right-to-Know
Outreach Subcommittee (contact list) (C-4)
Request for Title III Speaker (form) (C-5)
The Emergency Planning and Community Right-to-Know
Act of 1986 (Q&A'sj (C-6)
-------
Community Right-to-Know and
Small Business (C-7)
Toxic Chemical Release Inventory
Question and Answers (C-8)
Chemicals in your Community (C-9)
Section 313 article by Chuck Elkins for
EPA Journal (November 1937) (C-10)
Its not over in October!
A Guide for Local Emergency Planning Committees (C-ll)
Section 313 Q&A's (C-12)
Chemical Risk Communication (C-13)
Title III Fact Sheet (January 1989) (C-14)
TRI Fact Sheet (C-15)
-------
Index
Title III Speeches ("Tab A)
General Audience Speech-
Emergency Planning and Community
Right-to-Know Act of 1986 (A-l)
General Audience Speech-
Title- III', Jim Makris - ATSM Symposium (A-2)
General or Industy Audience
Title III,'Win Porter (A-3)
General Audience -
Section 313, Mike Shapiro (A-4)
General or Industry Audience-
Section 313, Susan Vogt (A-5)
Talking Points and Outlines (Tab B)
Title III, Section 313 Talking Points
(can be used with section 313 overhead/
slide show) (B-l)
Supplemental Information (Tab C)
Emergency Planning anci Conimunity
Right-to-Know Law -
A New Videotape on Section 313 (pamphlet) (C-l)
The Emergency Planning arid Community^Right-to-
Know Act - Section 313 Releas.e,' Reporting
Requirements (pamphlet) (C-2)
Documents available from EPA (C-3)
(Title III Publication List)
Roster/ Emergency Planning/Community Right-to-Know
Outreach Subcommittee (contact list) (C-4)
Request* for Title III Speaker (form) (C-5)
The EmeYg^ncy Planning and Community Right-to-know
Act of 1986 '(Q&A's) (C-6)
-------
The Revolution Ahead:
Public Information on Toxic
Emissions - CSMA Talks with
EPA's Charles Elkins
(Chemical Times & Trends Reprint) (C-7)
Getting involved in Community Right-to-
Know (C & EN Reprint) (C-8)
Title III What it means to you-citizens
Fact Sheet (EPA Region III) (C-9)
Section 313 article by Chuck Elkins for
EPA Journal (November 1987) (C-10)
Title III Article for Atlanta Journal
by Jim Makris (May 1, 1988) (C-ll)
Section 313 Q&A's (C-12)
Remarks by Cong. James Florio
(Charleston, W.VA, March 13, 1987) (C-13)
Title III Fact Sheet (C-14)
Statement by Win Porter before the Senate
May 26, 1988 (C-15)
-------
TAB A
-------
A-l
-------
GENERAL AUDIENCE SPEECH
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNCW ACT OF 1986
GOOD MORNING. THANK YOU FOR INVITING ME TO SPEAK AT THIS IMPORTANT
CONFERENCE AND SHARE INFORMATION ABOUT EPA'S EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW PROGRAM. DURING MY TIME HERE WITH YOU TODAY, I'LL
TALK ABOUT WHAT WE HAVE ACCOMPLISHED TO DATE AND WHAT YOUR ROLE MIGHT BE
IN IMPLEMENTING THE PROGRAM.
YOU MIGHT ASK, WHY A NEW LAW? THROUGHOUT THE 1970's OUR KNOWLEDGE OF
THE PRESENCE AND EFFECTS OF ENVIRONMENTAL HAZARDS GREW BY LEAPS AND BOUNDS.
WE LEARNED MORE ABOUT THE CONTAMINANTS THAT WERE POLLUTING OUR AIR, OUR
WATER AND OUR LAND, AND WE TOOK MANY STEPS TO CONTROL THEM. THEN, A
CATASTROPHE HALFWAY AROUND THE WORLD BROUGHT AMERICANS FACE-TO-FACE WITH
THE DESTRUCTIVE POTENTIAL OF CHEMICAL ACCIDENTS. ON DECEMBER 4, 1984, A
CLOUD OF METHYL ISOCYANATE GAS KILLED MORE THAN 2,000 PEOPLE IN BHOPHAL,
INDIA. RECOGNIZING THAT THE POTENTIAL MIGHT EXIST FOR SUCH A DISASTER IN
OUR OWN COUNTRY, CONGRESS ENACTED THE EMERGENCY PLANNING AND COMMUNITY
RIGHT-TO-KNOW ACT. THAT LAW ENACTED WITH THREE PREDOMINANT GOALS: ONE,
PREVENTING INJURIES AND PROPERTY DAMAGE CAUSED BY CHEMICAL ACCIDENTS; TWO,
INFORMING COMMUNITIES AND SAFETY AUTHORITIES ABOUT THE LOCATION OF
HAZARDOUS MATERIALS, AND, THREE, PROVIDING THE PUBLIC WITH INFORMATION
ABOUT THE TOTAL ANNUAL RELEASES OF CHEMCIALS INTO THE ENVIRONMENT.
-1-
-------
THE ACT IS REVOLUTIONARY IN THAT FOR THE FIRST TIME IT REQUIRES
INDUSTRIES AND OTHERS TO REPORT INFORMATION NECESSARY TO DEVELOP EMERGENCY
RESPONSE PIANS AND PUBLIC POLICY AT THE COMMUNITY LEVEL, AND, IT EMPOWERS
LOCAL COMMUNITY GROUPS TO OBTAIN THIS INFORMATION.
HOW MUCH DO YOU KNOW ABOUT HAZARDOUS CHEMICALS IN YOUR COMMUNITY? IF
YOU FOUND OUT THAT SUCH CHEMICALS WERE PRESENT IN YOUR NEIGHBORHOOD, WOULD
YOU KNOW HOW TO GET MORE INFORMATION ABOUT THEM?
IF YOU'RE LIKE MOST AMERICANS, YOUR ANSWERS TO THOSE QUESTIONS PROBABLY
ARE "NOT MUCH" AND "NO". THIS NEW LAW IS DESIGNED TO IMPROVE THE ABILITY
OF AMERICA'S COMMUNITIES — AND CITIZENS — TO DEAL SAFELY AND EFFECTIVELY
WITH THE MANY HAZARDOUS CHEMICALS THAT ARE USED THROUGHOUT OUR SOCIETY.
FOR THE LAW TO BE EFFECTIVE, INTERESTED CITIZENS, INDUSTRY, HEALTH
OFFICALS, EMERGENCY RESPONSE OFFICALS AND GOVERNMENTS AT ALL LEVELS MUST
WORK TOGETHER. IN RESPONSE TO THE LAW'S REQUIREMENTS, INDUSTRIES MUST:
ONE, PROVIDE THE LEPCs, SERCs, AND FIRE DEPARTMENTS WITH INFORMATION ABOUT
THE PRESENCE OF HAZARDOUS CHEMICALS IN THE COMMUNITY; TWO, SET UP PROCEDURES
FOR NOTIFYING THE ENTITIES AND THE PUBLIC OF CHEMICAL EMERGENCIES; AND
THREE, PREPARE REPORTS TO THE STATE AND TO EPA ON ANNUAL RELEASES OF TOXIC
CHEMICALS INTO THE AIR, WATER AND SOIL.
CITIZENS, HEALTH PROFESSIONALS, PUBLIC INTEREST AND LABOR
REPRESENTATIVES, STATE AND LOCAL OFFICIALS, EMERGENCY PLANNERS MUST ALL
WORK TOGETHER TO USE THIS DATA FOR PLANNING AND RESPONSE AT THE COMMUNITY
LEVEL.
-2-
-------
THE MAJOR ELEMENTS OF THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNCW
ACT ARE: EMERGENCY PLANNING. ACCIDENTAL RELEASE REPORTING, — OR, EMERGENCY
NOTIFICATION — AND REPORTING ON HAZARDOUS CHEMICAL STORAGE, USE AND RELEASE.
THE EMERGENCY PLANNING PROVISIONS -- SECTIONS 301, 302, 303 — ARE
DESIGNED TO DEVELOP STATE AND LOCAL GOVERNMENT'S EMERGENCY RESPONSE AND
PREPAREDNESS CAPABILTIES THROUGH BETTER COORDINATION AND PLANNING,
ESPECIALLY WITHIN THE LOCAL COMMUNITY. THE LAW REQULRES GOVERNORS OF EACH
STATE TO SET UP STATE EMERGENCY RESPONSE COMMISSIONS, AND TO DESIGNATE
LOCAL EMERGENCY PLANNING COMMITTEES COMPOSED OF LOCAL GOVERNMENT
REPRESENTATIVES, CITIZENS, NEWS MEDIA AND INDUSTRY REPRESENTATIVES, HEALTH
OFFICIALS, EMERGENCY RESPONDERS AND OTHERS.
ONE IMPORTANT RESPONSIBILITY OF THE COMMITTEES WAS TO DEVELOP EMERGENCY
RESPONSE PLANS BY OCTOBER 17, 1988. PLANS MUST INCLUDE:
—IDENTIFICATION OF FACILITIES WITHIN THE COMMUNITY WHERE HAZARDOUS
CHEMCIALS ARE USED;
—IDENTIFICATION OF TRANSPORTATION ROUTES FOR EXTREMELY HAZARDOUS
SUBSTANCES USED IN, OR PASSING THROUGH, THE COMMUNITY;
—ESTABLISHMENT OF EMERGENCY REPSONSE PROCEDURES TO BE FOLLOWED BY
INDUSTRIAL FACILITIES AND THE COMMUNITY, INCLUDING EVACUATION PLANS,
IF NECESSARY;
—APPOINTMENT OF FACILITY AND COMMUNITY COORDINATORS TO IMPEMENT THE
COMMUNITY'S EMERGENCY PLAN;
—ISSUANCE OF EMERGENCY TELEPHONE NUMBERS, ASSISTANCE LOCATIONS AND
OTHER NOTIFICATION PROCEDURES;
—ORGANIZATION OF EMERGENCY RESPONSE PLAN EXERCIZES WITHIN THE COMMUNITY.
-3-
-------
THE PLANNING PORTION OF THE EMERGENCY PLANNING AND COMMUNITY
RIGHT-TO-KNCW LAW IS CENTERED ON A LIST OF CLOSE TO 400 EXTREMELY HAZARDOUS
SUBSTANCES IDENTIFIED BY EPA. FACILITIES WHICH HANDLE ANY OF THOSE CHEMICALS
IN CERTAIN QUANTITIES ARE SUBJECT TO ALL THE EMERGENCY PLANNING REQUIREMENTS
IDENTIFIED IN THE LAW AND DEVELOPED IN THE COMMUNITY'S EMERGENCY RESPONSE
PLAN. ADDITIONALLY, FOLLOWING PUBLIC COMMENT, THE STATE CAN DESIGNATE NEW
FACILITIES TO BE SUBJECT TO THOSE REQUIREMENTS.
IF A FACILITY HANDLES ANY OF THE HAZARDOUS SUBSTANCES JUST DISCUSSED,
IT IS REQUIRED TO NOTIFY THE LOCAL EMERGENCY PLANNING COMMITTEE AND THE
STATE EMERGENCY RESPONSE COMMISSION. SECTION 304 REQUIRES THE FACILITY TO
NOTIFY THE LOCAL EMERGENCY PLANNING COMMITTEE AND THE STATE EMERGENCY
RESPONSE COMMISSION IMMEDIATELY IF THERE IS A RELEASE OF ANY OF THOSE
SUBSTANCES (OR HAZARDOUS SUBSTANCES IDENTIFIED UNDER THE SUPERFUND LAW) IN
EXCESS OF A CERTAIN AMOUNT.
OTHER PROVISIONS IN THE LAW, COVERED IN SECTIONS 311 AND 312, REQUIRE
COMPANIES TO MAKE AVAILABLE TO THE STATE, LOCAL COMMUNITIES AND FIRE
DEPARTMENTS, THE SAME INFORMATION ABOUT HAZARDOUS CHEMICALS THAT THE
COMPANIES MUST SHARE WITH THEIR EMPLOYEES UNDER THE REGULATIONS OF OSHA ~
THE OCCUPATIONAL SAFETY AND HEALTH AEMINISTRATION. FOR EACH CHEMICAL
COVERED BY THOSE REQUIREMENTS, FACILITIES MUST EITHER PREPARE AND SUBMIT
MATERIAL SAFETY DATA SHEETS FOR EACH CHEMICAL, OR SUBMIT A LIST OF SUCH
CHEMiCALS TO THE LOCAL EMERGENCY PLANNING COMMITTEE, THE STATE EMERGENCY
RESPONSE COMMISSSION AND THE LOCAL FIRE DEPARTMENT. THAT REQUIREMENT WENT
INTO EFFECT ON OCTOBER 17, 1987. ORIGINALLY COVERING ONLY CERTAIN SECTORS
SUCH AS MANUFACTORING, OSHA'S REQUIREMENTS HAVE BEEN EXPANDED TO COVER
VIRTUALLY ALL EMPLOYERS ESTIMATED TO EXCEED 4 MILLION FIRMS. TITLE III'S
-------
THRESHOLDS WOULD ELIMINATE SOME OF THESE REQUIREMENTS BUT ALL ARE
POTENTIALLY SUBJECT TO REQUESTS FOR INFORMATION BEFORE REPORTING THRESHOLDS.
THUS ALL FIRMS SHOULD FAMILIARIZE THEMSELVE WITH THE PROVISIONS OF
TITLE III.
THE LAW ALSO REQUIRES FACILITIES TO SUBMIT AN EMERGENCY AND HAZARDOUS
CHEMICAL INVENTORY FORM TO THE STATE, LOCAL COMMITTEES AND FIRE DEPARTMENTS.
THE FORM MUST INDICATE AN ESTIMATE OF THE MAXIMUM AMOUNT OF CHEMICALS
PRESENT AT THE FACILITY AT ANY TIME DURING THE PRECEDING CALENDAR YEAR, AN
ESTIMATE OF THE AVERAGE DAILY AMOUNT OF SUCH CHEMICALS AND INFORMATION
ABOUT THEIR GENERAL LOCATION.
IN ADDITION TO THAT INFORMATION, A LOCAL COMMITTEE, A STATE COMMISSION
OR LOCAL FIRE DEPARTMENT MAY REQUEST A FACILITY TO PROVIDE MORE DETAILED
INFORMATION. AVAILABILITY OF THAT INFORMATION IS ESSENTIAL TO THE LOCAL
COMMITTEE IN DEVELOPING AN EFFECTIVE EMERGENCY RESPONSE PLAN.
THE FINAL SECTION OF THE LAW — SECTION 313 — REQUIRES CERTAIN
INDUSTRIAL FACILITIES TO PROVIDE ANNUAL REPORTS OF THE TOXIC CHEMICALS
THAT THEY RELEASE FROM THEIR FACILITIES OVER THE PREVIOUS YEAR. THIS
PROVISION DIFFERS FROM THE EMERGENCY NOTIFICATION REQUIREMENTS IN THAT IT
FOCUSES ON ANNUAL RELEASES. THIS ANNUAL INFORMATION MUST BE SUBMITTED TO
THE EPA AND THE STATE, AND EPA IS TO CREATE A TOXIC RELEASE INVENTORY — A
NATIONAL DATA BASE OF ANNUAL REPORTS ON TOXIC CHEMICAL RELEASES FROM
MANUFACTURING FACILITIES ACROSS THE NATION, TO ASSIST IN RESEARCH AND IN
THE DEVELOPMENT OF POSSIBLE FUTURE REGULATIONS, GUIDELINES AND STANDARDS.
THESE REPORTING REQUIREMENTS WILL PROVIDE THE GOVERNMENT AND THE
PUBLIC WITH A BETTER PICTURE OF THE NATURE OF ROUTINE CHEMICAL RELEASES
BOTH ROUTINE AND ACCIDENTAL. ON A NATIONAL SCALE, SECTION 313 IS EXPECTED
-5-
-------
TO COVER AS MANY AS 30,000 FACILITIES IN THE MANUFACTURING SECTOR OF THE
ECONOMY, THAT MANUFACTURE PROCESS OR USE THE MORE THAN 300 CHEMICALS
IDENTIFIED AS REPORTABLE SUBSTANCES. EPA'S NATIONAL DATABASE MUST BE
ACCESSIBLE TO ANY CITIZEN VIA COMPUTER TELECOMMUNICATION AND OTHER MEANS.
IN ORDER TO MAINTAIN THE DELICATE BALANCE BETWEEN THE PUBLIC'S
RIGHT-TO-KNOW AND THE RIGHT OF PRIVATE INDUSTRY TO PROTECT PROPRIETARY
INFORMATION, THE LAW ALLOWS SOME OF THE INFORMATION PROVIDED TO EPA, LOCAL
COMMITTEES, FIRE DEPARTMENTS AND TO THE STATE TO BE DESIGNATED AS "TRADE
SECRET", THOUGH HEALTH AND SAFETY INFORMATION WILL STILL BE PROVIDED. THE
LAW PROVIDES FOR DISCLOSURE OF TRADE SECRET INFORMATION UNDER CERTAIN
CIRCUMSTANCES TO HEALTH PROFESSIONALS WHO NEED THE INFORMATION FOR
DIAGNOSTIC PURPOSES, OR TO LOCAL OFFICIALS WHO NEED IT FOR ASSESSMENT
ACTIVITIES. CITIZENS MAY CHALLENGE TRADE SECRET CLAIMS BY PETITIONING
EPA. IT IS ENCOURAGING TO NOTE THAT NOT MANY "TRADE SECRET" CLAIMS HAVE
BEEN MADE THUS FAR.
THE PUBLIC HAS AN IMPORTANT ROLE TO PLAY BY WAY OF ENSURING THAT THE
GOALS OF THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT ARE
ACHIEVED. CITIZENS CAN CONTRIBUTE TO THE EMERGENCY PLANNING PROCESS BY
TAKING THE FOLLOWING STEPS:
—CHECK WHETHER A LOCAL PLANNING COMMITTEE HAS BEEN FORMED AND GET
INVOLVED AT THE COMMITTEE MEETINGS; IF CITIZENS FIND THAT COMMITTEES
HAVE NOT BEEN FORMED, OR THAT THEIR ACTIVITY IS BEING CONFINED OR
STIFLED BY ENTRENCHED AUTHORITIES, THEY CAN PUT PRESSURE ON STATE AND
LOCAL OFFICIALS TO CORRECT THE SITUATION. THE LAW ENTITLES CITIZENS
TO SUE IF THE ESTABLISHED MECHANISMS FAIL TO PROVIDE THE REQUIRED
INFORMATION.
—REVIEW AND COMMENT ON THE COMMUNITY'S EMERGENCY RESPONSE PLAN:
—REQUEST INFORMATION ABOUT LOCAL INDUSTRIAL FACILITIES FROM THE LOCAL
-6-
-------
COMMITTEE.
— VISIT LOCAL INDUSTRIES AND ASK QUESTIONS: HAVE YOU COMPLIED WITH THE
REPORTING REQUIREMENTS? WHAT HAVE YOU DONE TO REDUCE CHEMICAL HAZARDS?
WHAT ARE YOU PIANNING TO DO TO CUT BACK ON YOUR TOXIC CHEMICAL EMISSIONS?
NOW, HAVING SAID THAT YOU SHOULD GET INVOLVED AS AN INDIVIDUAL CITIZEN, I
RECOGNIZE THAT IT IS NOT SUFFICIENT MERELY TO ENCOURAGE YOU, WISH YOU WELL AND
WALK AWAY. YOU DO HAVE SCME SUBSTANTIAL SUPPORT, IF YOU CHOOSE TO BECME
ACTIVELY INVOLVED IN HELPING TO CARRY OUT THIS VITAL LAW.
FIRST, THE LAW ITSELF, FROM THE TITLE TO THE TEXT, SAYS THAT IT SUPPORTS
YOU. THE WORDS ARE "COMMUNITY RIGHT TO KNOW"; NOT "COMMUNITY PRIVILEGE TO
KNOW" OR "GOOD IDEA TO KNOW"... IT IS YOUR LEGAL RIGHT TO LEARN WHETHER OR NOT
YOUR ENVIRONMENT IS, OR MAY BE, THREATENED.
SECOND, THE US. ENVIRONMENTAL PROTECTION AGENCY IS PROVIDING INFORMATION
AND SUPPORT TO THE PUBLIC. UNTIL RECENTLY WE HAD CONCENTRATED ON PUBLISHING
REGULATIONS AND HOLDING NUMEROUS MEETINGS WITH INDUSTRY GROUPS, BECAUSE THEIR
LEAD TIMES AND START-UP DATES TO MEET SOME OF THE STATUTORY DEADLINES REQUIRED
THAT THEY GET MOVING VIRTUALLY FROM THE DAY THE ACT WAS SIGNED INTO LAW. NOW,
HAVING MET OUR EARLY OBJECTIVES WE HAVE AND CONTINUE TO CREATE A VARIETY OF
INFORMATION MATERIALS TO INFORM AND EDUCATE THE PUBLIC ABOUT THIS LAW AND
EPA'S PROGRAM FOR IMPLEMENTING IT. WE HAVE PREPARED A BROCHURE THAT PROVIDES
AN OVERVIEW OF THE LAW, INCLUDING ALL THE DETAILS THAT A CITIZEN WOULD NEED TO
BECOME AN INFORMED COMMUNITY PARTICIPANT. ADDITIONALLY WE ARE ABOUT TO BEGIN
PRODUCTION OF A VIDEOTAPE PRESENTATION, ALSO FOR THE NON-TECHNICAL AUDIENCE,
THAT WILL PROVIDE A THOROUGH OVERVIEW OF THE EMERGENCY PLANNING AND COMMUNITY
RIGHT-TO-KNCW.
—7—
-------
WE HAVE GIVEN GUIDANCE TO STATE AND LOCAL OFFICIALS, AS WELL AS PRIVATE
ORGANIZATIONS TO HELP THEM INTERPRET AND USE THE INFORMATION THAT WILL BE
OBTAINED. IN SHORT, YOU NOT ONLY HAVE A RIGHT TO KNOW, BUT A RIGHT TO
UNDERSTAND. THE MERE PRESENCE OF A TOXIC CHEMICAL MEANS LITTLE IN TERMS
OF ASSESSING PUBLIC HEALTH AND SAFETY. THE AMOUNT, THE PATTERN OF MOVEMENT
IN THE ENVIRONMENT AND MANY OTHER FACTORS ARE CRUCIAL QUESTIONS THAT MUST
BE ADDRESSED. I THINK, HOWEVER, THAT OUR SOCIETY IS BEGINNING TO MOVE
AWAY FROM THE IDEA THAT EVERY TIME THE WORD CHEMISTRY IS UTTERED, THE
CONVERSATION MUST END FOR ALL BUT A FEW SELECTED EXPERTS. MUCH OF THE
KNOWLEDGE NEEDED TO UNDERSTAND AND INTERPRET CHEMICAL DATA CAN BE
TRANSLATED INTO INFORMATION THAT WILL BE USEFUL TO THE COMMUNITY AT LARGE.
THIS LAW IS AN IMPORTANT FIRST STEP IN PROVIDING THAT KNOWLEDGE.
THE MORE INFORMED AND INVOLVED THE PUBLIC IS, THE BETTER EQUIPPED
COMMUNITIES WILL BE TO RESPOND TO THE PRESENCE OF HAZARDOUS CHEMICALS.
WE ARE AT THE BEGINNING OF A LONG JOURNEY AND THERE ARE MANY HURDLES AND
MANY UNKNOWNS. HOWEVER, WITH A STRONG PUBLIC/PRIVATE PARTNERSHIP, I BELIEVE
THAT WE CAN MEET THE CHALLENGES.
IF EVERYONE DOES HIS OR HER PART THE COMMUNITY RIGHT-TO-KNOW LAW CAN
MAKE LIFE SAFER FOR ALL OF US. BY INCREASING PUBLIC AWARENESS AND IMPROVING
OUR HANDLING OF CHEMICALS AND CHEMICAL ACCIDENTS, TOGETHER WE MAY SAVE
SOME LIVES.
THANK YOU.
-8-
-------
GENERAL AUDIENCE SPEECH
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT OF 1986
GOOD MORNING. THANK YOU FOR INVITING ME TO SPEAK AT THIS
IMPORTANT CONFERENCE AND SHARE INFORMATION ABOUT EPA'S
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW PROGRAM. DURING
MY TIME HERE WITH YOU TODAY, I'LL TALK ABOUT WHAT WE HAVE
ACCOMPLISHED TO DATE AND WHAT YOUR ROLE MIGHT BE IN IMPLEMENTING
THIS NEW LAW.
YOU MIGHT ASK, WHY A NEW LAW? THROUGHOUT THE 1970's OUR
KNOWLEDGE OF THE PRESENCE AND EFFECTS OF ENVIRONMENTAL HAZARDS
GREW BY LEAPS AND BOUNDS. WE LEARNED MORE ABOUT THE CONTAMINANTS
THAT WERE POLLUTING OUR AIR, OUR WATER AND OUR LAND, AND WE
TOOK MANY STEPS TO CONTROL THEM. THEN, A CATASTROPHE HALFWAY
AROUND THE WORLD BROUGHT AMERICANS FACE-TO-FACE WITH THE
DESTRUCTIVE POTENTIAL OF CHEMICAL ACCIDENTS. ON DECEMBER 4, 1984,
A CLOUD OF METYHL ISOCYANATE GAS KILLED MORE THAN 2,000 PEOPLE
IN BHOPAL, INDIA. RECOGNIZING THAT THE POTENTIAL MIGHT
EXIST FOR SUCH A DISASTER IN OUR OWN COUNTRY, CONGRESS ENACTED
THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT.
THAT LAW WAS ENACTED WITH THREE PREDOMINANT GOALS: ONE,
PREVENTING INJURIES AND PROPERTY DAMAGE CAUSED BY CHEMICAL
ACCIDENTS; TWO, INFORMING COMMUNITIES AND SAFETY AUTHORITIES
ABOUT THE LOCATION OF HAZARDOUS MATERIALS; AND, THREE, PROVIDING
THE PUBLIC WITH INFORMATION ABOUT THE TOTAL ANNUAL RELEASES
OF CHEMICALS INTO THE ENVIRONMENT.
-1-
-------
THE ACT IS REVOLUTIONARY IN THAT FOR THE FIRST TIME IT
REQUIRES INDUSTRIES AND OTHERS TO REPORT INFORMATION NECESSARY
TO DEVELOP EMERGENCY RESPONSE PLANS AND PUBLIC POLICY AT THE
COMMUNITY LEVEL, AND IT EMPOWERS LOCAL COMMUNITY GROUPS TO
OBTAIN THIS INFORMATION.
HOW MUCH DO YOU KNOW ABOUT HAZARDOUS CHEMICALS IN YOUR
COMMUNITY? IF YOU FOUND OUT THAT SUCH CHEMICALS WERE PRESENT
IN YOUR NEIGHBORHOOD, WOULD YOU KNOW HOW TO GET MORE INFORMATION
ABOUT THEM?
IF YOU'RE LIKE MOST AMERICANS, YOUR ANSWERS TO THOSE
QUESTIONS PROBABLY ARE "NOT MUCH" AND "NO". THIS NEW LAW IS
DESIGNED TO IMPROVE THE ABILITY OF AMERICA'S COMMUNITIES -
AND CITIZENS - TO DEAL SAFELY AND EFFECTIVELY WITH THE MANY
HAZARDOUS CHEMICALS THAT ARE USED THROUGHOUT OUR SOCIETY.
FOR THE LAW TO BE EFFECTIVE, INTERESTED CITIZENS AND
GOVERNMENTS AT ALL LEVELS MUST WORK TOGETHER. IN RESPONSE TO
THE LAW'S REQUIREMENTS, INDUSTRIES MUST: ONE, PROVIDE THE
PUBLIC WITH INFORMATION ABOUT THE PRESENCE OF HAZARDOUS
CHEMICALS IN THE COMMUNITY; TWO, SET UP PROCEDURES FOR
NOTIFYING THE PUBLIC OF CHEMICAL EMERGENCIES; AND THREE, PREPARE
REPORTS TO THE PUBLIC ON ANNUAL RELEASES OF TOXIC CHEMICALS
INTO THE AIR, WATER AND SOIL.
-2-
-------
CITIZENS, HEALTH PROFESSIONALS, PUBLIC INTEREST AND LABOR
REPRESENTATIVES, STATE AND LOCAL OFFICIALS, EMERGENCY PLANNERS
MUST ALL WORK TOGETHER TO USE THIS DATA FOR PLANNING AND RESPONSE
AT THE COMMUNITY LEVEL.
THE MAJOR ELEMENTS OF THE.EMERGENCY PLANNING AND COMMUNITY
RIGHT-TO-KNOW ACT ARE: EMERGENCY PLANNING, ACCIDENTAL
RELEASE REPORTING, - OR, EMERGENCY NOTIFICATION - AND REPORTING
ON HAZARDOUS CHEMICAL STORAGE, USE AND RELEASE.
THE EMERGENCY PLANNING PROVISIONS - SECTIONS 301, 302, AND
303 - ARE DESIGNED TO DEVELOP STATE AND LOCAL GOVERNMENT'S
EMERGENCY RESPONSE AND PREPAREDNESS CAPABILITIES THROUGH
BETTER COORDINATION AND PLANNING, ESPECIALLY WITHIN THE LOCAL
COMMUNITY. THE LAW REQUIRES GOVERNORS OF EACH STATE TO SET
UP STATE EMERGENCY RESPONSE COMMISSIONS AND TO DESIGNATE
LOCAL EMERGENCY PLANNING COMMITTEES COMPOSED OF LOCAL GOVERNMENT
REPRESENTATIVES, CITIZENS, NEWS MEDIA AND INDUSTRY REPRESENTATIVES,
HEALTH OFFICIALS, EMERGENCY RESPONDERS AND OTHERS.
THE PRIMARY RESPONSIBILITY OF THE COMMITTEES IS TO DEVELOP
EMERGENCY RESPONSE PLANS BY OCTOBER 17, 1988. PLANS MUST INCLUDE:
— IDENTIFICATION OF FACILITIES WITHIN THE COMMUNITY WHERE
HAZARDOUS CHEMICALS ARE USED;
-3-
-------
-- IDENTIFICATION OF TRANSPORTATION ROUTES FOR EXTREMELY
HAZARDOUS SUBSTANCES USED IN, OR PASSING THROUGH, THE
COMMUNITY;
— ESTABLISHMENT OF EMERGENCY RESPONSE PROCEDURES TO BE FOLLOWED
BY INDUSTRIAL FACILITIES AND THE COMMUNITY, INCLUDING
EVACUATION PLANS, IF NECESSARY:
— APPOINTMENT OF FACILITY AND COMMUNITY COORDINATORS TO
IMPLEMENT THE COMMUNITY'S EMERGENCY PLAN;
— ISSUANCE OF EMERGENCY TELEPHONE NUMBERS, ASSISTANCE
LOCATIONS AND OTHER NOTIFICATION PROCEDURES;
— ORGANIZATION OF EMERGENCY RESPONSE PLAN EXERCISES WITHIN
THE COMMUNITY.
THE PLANNING PORTION OF THE EMERGENCY PLANNING AND COMMUNITY
RIGHT-TO-KNOW LAW IS CENTERED ON A LIST OF CLOSE TO 400
EXTREMELY HAZARDOUS SUBSTANCES IDENTIFIED BY EPA. FACILITIES
WHICH HANDLE ANY OF THOSE CHEMICALS IN CERTAIN QUANITIES ARE
SUBJECT TO ALL THE EMERGENCY PLANNING REQUIREMENTS IDENTIFIED
IN THE LAW AND DEVELOPED IN THE COMMUNITY'S EMERGENCY RESPONSE
PLAN. ADDITIONALLY, FOLLOWING PUBLIC COMMENT, THE STATE CAN
DESIGNATE NEW FACILITIES TO BE SUBJECT TO THOSE REQUIREMENTS.
IF A FACILITY HANDLES ANY OF THE HAZARDOUS SUBSTANCES JUST
DISCUSSED, IT IS REQUIRED TO NOTIFY THE LOCAL EMERGENCY
-4-
-------
PLANNING COMMITTEE AND THE STATE EMERGENCY RESPONSE COMMISSION.
SECTION 304 REQUIRES THE FACILITY TO NOTIFY THE LOCAL
EMERGENCY PLANNING COMMITTEE AND THE STATE EMERGENCY RESPONSE
COMMISSION IMMEDIATELY IF THERE IS A RELEASE OF ANY OF THOSE
SUBSTANCES (OR HAZARDOUS SUBSTANCES IDENTIFIED UNDER THE
SUPERFUND LAW) IN EXCESS OF A CERTAIN AMOUNT.
OTHER PROVISIONS IN THE LAW, COVERED IN SECTIONS 311 AND
312, REQUIRE COMPANIES TO MAKE AVAILABLE TO THE STATE, LOCAL
COMMUNITIES AND FIRE DEPARTMENTS, THE SAME INFORMATION ABOUT
HAZARDOUS CHEMICALS THAT THE COMPANIES MUST SHARE WITH THEIR
EMPLOYEES UNDER THE REGULATIONS OF OSHA - THE OCCUPATIONAL
SAFETY AND HEALTH ADMINISTRATION. FOR EACH CHEMICAL COVERED
BY THOSE REQUIREMENTS, FACILITIES MUST EITHER PREPARE AND
SUBMIT MATERIAL SAFETY DATA SHEETS FOR EACH CHEMICAL, OR
SUBMIT A LIST OF SUCH CHEMICALS TO THE LOCAL EMERGENCY PLANNING
COMMITTEE, THE STATE EMERGENCY RESPONSE COMMISSION AND THE
LOCAL FIRE DEPARTMENT. THAT REQUIREMENT WENT INTO EFFECT ON
OCTOBER 17, 1987.
THE LAW ALSO REQUIRES FACILITIES TO SUBMIT AN EMERGENCY AND
HAZARDOUS CHEMICAL INVENTORY FORM TO THE STATE, LOCAL COMMITTEES
AND FIRE DEPARTMENTS. THE FORM MUST INDICATE AN ESTIMATE OF
-5-
-------
THE MAXIMUM AMOUNT OF CHEMICALS PRESENT AT THE FACILITY AT
ANY TIME DURING THE PRECEDING CALENDAR YEAR, AN ESTIMATE OF
THE AVERAGE DAILY AMOUNT OF SUCH CHEMICALS AND INFORMATION ABOUT
THEIR GENERAL LOCATION.
IN ADDITION TO THAT INFORMATION, A LOCAL COMMITTEE, A STATE
COMMISSION OR LOCAL FIRE DEPARTMENT MAY REQUEST A FACILITY TO
PROVIDE MORE DETAILED INFORMATION AS LONG AS THAT INFORMATION
IS ESSENTIAL TO THE LOCAL COMMITTEE IN DEVELOPING AN EFFECTIVE
EMERGENCY RESPONSE PLAN.
THE FINAL SECTION OF THE LAW — SECTION 313 — REQUIRES
CERTAIN INDUSTRIAL FACILITIES TO PROVIDE ANNUAL REPORTS OF
THE TOXIC CHEMICALS THAT WERE RELEASED FROM THEIR FACILITIES
OVER THE PREVIOUS YEAR. THIS PROVISION DIFFERS FROM THE
EMERGENCY NOTIFICATION REQUIREMENTS IN THAT IT FOCUSES ON
ANNUAL RELEASES AND PUBLIC INFORMATION. THIS ANNUAL INFORMATION
MUST BE SUBMITTED TO THE EPA AND THE STATE, AND EPA IS TO
CREATE A TOXIC RELEASE INVENTORY — A NATIONAL DATA BASE OF
ANNUAL REPORTS ON TOXIC CHEMICAL RELEASES FROM MANUFACTURING
FACILITIES ACROSS THE NATION TO BE PROVIDED TO THE PUBLIC.
THIS INFORMATION WILL ALSO BE USED BY EPA AND OTHER AGENCIES
jfyWty TO ASSIST IN RESEARCH AND IN THE DEVELOPMENT OF POSSIBLE
FUTURE REGULATIONS, GUIDELINES AND STANDARDS.
-6-
-------
THESE REPORTING REQUIREMENTS WILL PROVIDE THE GOVERNMENT
AND THE PUBLIC WITH A BETTER PICTURE OF THE NATURE OF CHEMICAL
RELEASES, BOTH ROUTINE AND ACCIDENTAL. ON A NATIONAL SCALE,
SECTION 313 IS EXPECTED TO COVER AS MANY AS 30,000 FACILITIES
IN THE MANUFACTURING SECTOR OF THE ECONOMY THAT MANUFACTURE,
PROCESS OR USE THE MORE THAN 300 CHEMICALS IDENTIFIED AS
REPORTABLE SUBSTANCES. EPA'S NATIONAL DATABASE MUST BE
ACCESSIBLE TO ANY CITIZEN VIA COMPUTER TELECOMMUNICATIONS AND
OTHER MEANS.
IN ORDER TO MAINTAIN THE DELICATE BALANCE BETWEEN THE
PUBLIC'S RIGHT-TO-KNOW AND THE RIGHT OF PRIVATE INDUSTRY TO
PROTECT PROPRIETARY INFORMATION, THE LAW ALLOWS SOME OF THE
INFORMATION PROVIDED TO EPA, LOCAL COMMITTEES, FIRE DEPARTMENTS
AND TO THE STATE TO BE DESIGNATED AS "TRADE SECRET", THOUGH
HEALTH AND SAFETY INFORMATION WILL STILL BE PROVIDED. THE
LAW PROVIDES FOR DISCLOSURE OF TRADE SECRET INFORMATION UNDER
CERTAIN CIRCUMSTANCES TO HEALTH PROFESSIONALS WHO NEED THE
INFORMATION FOR DIAGNOSTIC PURPOSES, OR TO LOCAL OFFICIALS
WHO NEED IT FOR ASSESSMENT ACTIVITIES. CITIZENS MAY CHALLENGE
TRADE SECRET CLAIMS BY PETITIONING EPA.
THE PUBLIC HAS AN IMPORTANT ROLE TO PLAY BY WAY OF ENSURING
THAT THE GOALS OF THE EMERGENCY PLANNING AND COMMUNITY RIGHT-
-7-
-------
TO-KNOW ACT ARE ACHIEVED. CITIZENS CAN CONTRIBUTE TO THE
EMERGENCY PLANNING PROCESS BY TAKING THE FOLLOWING STEPS:
. — CHECK TO SEE IT A LOCAL PLANNING COMMITTEE HAS BEEN FORMED
AND GET INVOLVED IN THE COMMITTEE MEETINGS; IF CITIZENS
FIND THAT COMMITTEES HAVE NOT BEEN FORMED, OR THAT THEY
ARE NOT RESPONSIVE TO THE INTENT OF THE LAW, OR THAT
THEIR ACTIVITY IS BEING CONFINED OR STIFLED BY
ENTRENCHED AUTHORITIES, THEY CAN PUT PRESSURE ON STATE
AND LOCAL OFFICIALS TO CORRECT THE SITUATION. THE LAW
ENTITLES CITIZENS TO SUE IF THE ESTABLISHED MECHANISMS
FAIL TO PROVIDE THE REQUIRED INFORMATION.
— REVIEW AND COMMENT ON THE COMMUNITY'S EMERGENCY RESPONSE
PLAN;
— ASK FOR INFORMATION ABOUT LOCAL INDUSTRIAL FACILITIES FROM
THE LOCAL COMMITTEE.
— VISIT LOCAL INDUSTRIES AND ASK QUESTIONS: HAVE YOU COMPLIED
WITH THE REPORTING REQUIREMENTS? WHAT HAVE YOU DONE TO
REDUCE CHEMICAL HAZARDS? WHAT ARE YOU PLANNING TO DO TO
CUT BACK ON YOUR TOXIC CHEMICAL EMISSIONS?
NOW, HAVING SAID THAT YOU SHOULD GET INVOLVED AS AN INDIVIDUAL
CITIZEN, I RECOGNIZE THAT IT IS NOT SUFFICIENT MERELY TO
ENCOURAGE YOU, WISH YOU WELL AND WALK AWAY. YOU DO HAVE SOME
SUBSTANTIAL SUPPORT, IF YOU CHOOSE TO BECOME ACTIVELY INVOLVED
IN HELPING TO CARRY OUT THIS VITAL LAW.
-8-
-------
FIRST, THE LAW ITSELF, FROM THE TITLE TO THE TEXT, SAYS
THAT IT SUPPORTS YOU. THE WORDS ARE "COMMUNITY RIGHT-TO-
KNOW"; NOT "COMMUNITY PRIVILEGE TO KNOW" OR "NICE TO KNOW
IF YOU CAN FIND OUT" ...IT IS YOUR LEGAL RIGHT TO LEARN
ABOUT THE CHEMICALS IN YOUR COMMUNITY AND TO MAKE YOUR OWN
INFORMED DECISIONS AS TO WHETHER THESE CHEMICALS ARE A
THREAT TO YOUR HEALTH OR ENVIRONMENT.
SECOND, THE U.S. ENVIRONMENTAL PROTECTION AGENCY IS
PROVIDING INFORMATION AND SUPPORT TO THE PUBLIC. UNTIL
RECENTLY WE HAD CONCENTRATED ON PUBLISHING REGULATIONS AND
HOLDING NUMEROUS MEETINGS WITH INDUSTRY GROUPS, BECAUSE
THEIR LEAD TIMES AND START-UP DATES TO MEET SOME OF THE
STATUTORY DEADLINES REQURIED THAT THEY GET MOVING VIRTUALLY
FROM THE DAY THE ACT WAS SIGNED INTO LAW. NOW, HAVING MET
OUR EARLY OBJECTIVES WE ARE PREPARING A VARIETY OF INFORMATION
MATERIALS TO INFORM AND EDUCATE THE PUBLIC ABOUT THIS LAW AND
EPA'S PROGRAM FOR IMPLEMENTING IT. WE WILL SOON BE GOING TO
PRESS WITH A BROCHURE THAT WILL PROVIDE AN OVERVIEW OF THE
LAW, INCLUDING ALL THE DETAILS THAT A CITIZEN WOULD NEED TO
BECOME AN INFORMED COMMUNITY PARTICIPANT. ADDITIONALLY WE ARE
ABOUT TO BEGIN PRODUCTION OF A VIDEOTAPE PRESENTATION, ALSO
FOR THE NON-TECHNICAL AUDIENCE, THAT WILL PROVIDE A THOROUGH
OVERVIEW OF EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW.
-9-
-------
LATER ON WE WILL BE PROVIDING DETAILED GUIDANCE WHICH WILL
HELP STATE AND LOCAL OFFICIALS, AS WELL AS PRIVATE ORGANIZATIONS,
INTERPRET THE DATA THAT WILL BE OBTAINED. IN SHORT, YOU NOT
ONLY HAVE A RIGHT TO KNOW, BUT A RIGHT TO UNDERSTAND. THE
MERE PRESENCE OF A TOXIC CHEMICAL MEANS LITTLE IN TERMS OF
ASSESSING PUBLIC HEALTH AND SAFETY. THE AMOUNT, THE PATTERN
OF MOVEMENT IN THE ENVIRONMENT, AND MANY OTHER FACTORS ARE
CRUCIAL QUETIONS THAT MUST BE ADDRESSED. I THINK, HOWEVER,
THAT OUR SOCIETY IS BEGINNING TO MOVE AWAY FROM THE IDEA
THAT EVERY TIME THE WORD CHEMISTRY IS UTTERED, THE CONVERSATION
MUST END FOR ALL BUT A FEW SELECTED EXPERTS. MUCH OF THE
KNOWLEDGE NEEDED TO UNDERSTAND AND INTERPRET CHEMICAL DATA
CAN BE TRANSLATED INTO INFORMATION THAT WILL BE USEFUL TO
THE COMMUNITY AT LARGE. THIS LAW IS AN IMPORTANT FIRST STEP
IN PROVIDING THAT KNOWLEDGE.
THE MORE INFORMED AND INVOLVED THE PUBLIC IS, THE BETTER
EQUIPPED COMMUNITIES WILL BE TO RESPOND TO THE PRESENCE OF
HAZARDOUS CHEMICALS. WE ARE AT THE BEGINNING OF A LONG
JOURNEY AND THERE ARE MANY HURDLES AND MANY UNKNOWNS. HOWEVER,
WITH A STRONG FEDERAL, STATE, AND PUBLIC/PRIVATE PARTNERSHIP, I
BELIEVE THAT WE CAN MEET THE CHALLENGES.
IF EVERYONE DOES HIS OR HER PART THE COMMUNITY RIGHT-TO-
KNOW LAW CAN MAKE LIFE SAFER FOR ALL OF US. BY INCREASING
-10-
-------
PUBLIC AWARENESS AND IMPROVING OUR HANDLING OF CHEMICALS AND
CHEMICAL ACCIDENTS, TOGETHER WE MAY SAVE SOME LIVES.
THANK YOU.
-11-
-------
A-2
-------
-8
NOW, IT'S EVERYBODY'S JOB
by
Jim Makris, Director
Preparedness Staff
Environmental Protection Agency
It has been almost four years since the catastrophic event in
Bhopal, which, although it occurred more than half way around the
world, had a profound effect upon the conduct of the American
chemical industry and spawned a series of programs unique in the
annals of American industrial and governmental relationships.That
event, which killed more than 2500 citizens and injured, perhaps,
hundreds of thousands more, stimulated Americans - citizens, the
press, state legislators, the United States Congress and the
administration to ask several important questions about the
chemical and related industries - "COULD SUCH AN EVENT HAPPEN
HERE? IF SO, WHAT CAN I DO TO PROTECT MYSELF WHEN IT OCCURS? HOW
DO I PREVENT IT FROM HAPPENING?"
The inability of Governments at all levels and industry to
provide acceptable answers to those questions in early 1985
stimulated the development of a remarkable series of public and
private sector initiatives. It began with the Environmental
Protection Agency's Air Toxics Strategy and the Chemical
Emergency Preparedness Program. This voluntary program
recognized the vital necessity of focusing actions regarding
chemical safety at the local level - the level where the citizens
are most affected, where the economy operates, where the
emergency managers respond, where the action to correct can take
place most swiftly. The program urged the establishment of a
broadly based local committee which, with information in hand,
would interact with local industry around contingency planning
and prevention" of accidents. At the same time, s'everal important
State legislative initiatives dealing with community right-to-
know, emergency response planning and accident mitigation were
passed.
Concurrently, several other important institutions weighed in.
The Chemical Manufacturers' Association established their
Community Awareness and Emergency Response Program (CAER), a
program which trained plant managers and officials to go into
their local community and discuss issues of chemical safety,
establish local committees in conjunction with State and local
chemical and industrial councils and develop emergency plans.
The prestigious American Institute of Chemical Engineers
established their Center for Chemical Process Safety (CCPS) and
immediately began to produce important technical manuals and
-------
-2-
guidance documents on chemical safety which would be useful to
the user as well as the producer. Included in their efforts was
the important recognition that a new emphasis on safety in the
chemical engineering curriculum was needed.
It was into this setting that Title III of the Superfund
Amendments and Reauthor ization Act of 1986 became law. It was
in full recognition of all that had gone on before. This law
mada it very clear that this program would be implemented quite
differently from most Federal programs - that in this instance,
full success would ride on everyone's shoulders; everyone had a
j ob.
From one perspective, Title III merely deals with a requirement
that several specific items of chemical data be- developed,
provided, received, stored, assimilated, managed, disclosed,
explained, understood, interpreted, used and acted upon by
industry, state and local governments and committees and
citizens. This is a view occasionally taken by those few who
find the law a "mountain of paper" and "an administrative
nightmare," Fortunately, most have looked beyond this burden
and seen the true intent and purpose for this important program.
They have found it a valuable mechanism for protecting emergency
service employees, for stimulating renewed interest in emergency
management and environmental concerns, for affording: local
citizens the opportunity to have a significant impact on the
safety of their local community, and for providing a structured
forum in which industry, government and citizens can deal in
their collective self interest.
As a result of Title III, the community has an established
structure with broad based membership at the local level, the
local emergency planning committee, which is guided, managed and
driven by a formal organization at the state level, the state
emergency response commission. These organizations, and other
related State and federal agencies have available to them an
unprecedented amount of facility specific data dealing with the
presence of extremely hazardous substances in their community,
information on accidental releases of chemicals including data
regarding the environmental and public health implications of the
releases, the amount and location of tens of thousands of other
chemicals which have been determined to constitute a concern to
workers under the Hazard Communications Standard and the quantity
of annual emissions of 328 specific substances which have been
determined to present public health or environmental concern.
-------
-3-
How is it working? Every State and eligible territory has
established the appropriate state level commission and over 3500
local committees have been formed. It is estimated that 50,000
people are involved in these committees and supporting
governmental organizations, with at least an equivalent number
from the private sector. Hundreds of thousands of notifications
fay facilities with extremely hazardous substance and MSDS
materials have been submitted to appropriate authorities and more
than 70,000 reports have been submitted under the toxics release
inventory. Very few trade secrets have been claimed. It is
clear that many facilities have not yet complied with the
requirements and attention is now turning to the enforcement
side of the law, which, indeed, provides some very harsh and
stringent penalties for those who choose not to meet Title III
requirements. Federal, State and local officials, and especially
the local emergency planning committees must take direct outreach
and notification steps to be sure that all who should know about
this law, do know; and that all who do know, comply. The members
of the local committee are frequently in the best position to
know that a facility has not reported and to take action toward
demanding the data.
Another important step toward assuring that the law is
successful, is the continued development and distribution of
important tools for using the information made available under
Title III to assess risk, establish priorities and take steps
toward the mitigation of those risks. These tools have been and
are being developed by the Center for Process Safety, the
Chemical Manufacturers Association, environmental organizations
and EPA and other Federal agencies. For example, US EPA recently
published its report to the Congress - Review of Emergency
Systems - which identifies the state of current technology in the
areas of alerting, monitoring, prevention and management systems.
While^ the obligation of the law is to prepare specific
contingency plans by October 1988, equally important is the
strengthening of the structure and the use of the data, in
conjunction with industry, to reduce the risks using these and
other available tools.
More than half of the states have passed new or modified laws to
achieve the purposes or to be conformance with the requirements
of Title III. We expect this trend to continue and to be further
supported by such action at the county and local level. Often,
these laws extend to state, county and local officials with the
full range of enforcement authorities available in Title III
including the important ability to enter and inspect facilities.
They also include liability protection for government employees
and volunteers responsible for developing the plans and receiving
the information provided under this law. Further, these laws
include explicit funding mechanisms - either through filing fees,
penalties or appropriated funds which provides the important
financial base needed to insure program continuity.
-------
-4-
In conclusion, the programs initiated under Title III and the
addition legislation it has spawned presents an opportunity for
us all. It requires changed attitudes and the development of new
relationships among the various components of the affected
population. It will require timely submission and careful and
continuous analysis of the data. It will require targeted
programs of enforcement, outreach and training. It will require
honesty, consistency, responsiveness and effected leadership from
industry and government at all levels. But, even with all that
in place, it will require the active participation of
individuals, working together toward the common objective of
increased public health and safety from the risk of hazardous
chemicals. But, it won't work unless we all do it together.
-------
Comments on the Enefgency Plannng and Community Right-to-Know
Act of 1986
Given by Jim Makris at the APCA Government Affairs Conference
March 15, 1988 in Washington, D.C.
In October of 1986, President Reagan signed the Superfund Amendments and
Reauthorization Act of 1986, which included Title III, the Emergency
Planning and Community Right-to-Know Act.
That particular action introduced into our nation a new relationship
between government at all levels, Federal, State and local, industry and
the private sector, environmental and other public interest organizations,
and the general public, regarding information related to chemical safety
and public awareness, dealing with the presence of hazardous chemicals
in communities as well as what that presence means to individuals in all
walks of life.
The Emergency Planning and Community Right-to-Know Act guaranteed for
the first time that throughout America citizens would all have available
information on the presence of hazardous chemicals, have technical
information regarding their effect on the environment and health, and
permit them to make important decisions on the quality of their life and
take actions regarding that risk.
This legislation is a direct result of the Bhopal tragedy and is a first
step in emphasizing chemical prevention rather than chasing spills after
they occur.
-------
- 2 -
Such an extraordinary legislative guarantee carries with it some important
burdens for individuals, governments and industries. As a result of the
new information flow, very technical data would have to be developed,
provided, received, assimilated, managed, disclosed, explained, understood,
stored, interpreted, used and acted upon by many people and organizations
who didn't have a long time or much resources to get ready to deal with
these issues.
Although there's always been a structure in the United States Government
to deal with hazardous materials events, there was not a focused Federal,
State or local program to deal explicitly with the issues of chemical
releases or chemical accidents. The event in Bhopal at the end of 1984
changed all that.
When the American chemical industry was unable to give sufficient answers
to what happened in Bhopal, could it happen here, what can we do to prevent
it, and if it does occur what should we do to protect ourselves, an enormous
chain of actions went into place. Some of them were legislative, some of
them were clamors at the Federal or at the State level, some of them were
clamors by the media, some of them were demands by the people.
The Administrator of the Environmental Protection Agency put into place
the Chemical Emergency Preparedness Program, CEPP, which said that we
need to recognize that the basic responsibility for comprehending the
risks at a local level, for trying to lower those risks, and for dealing
with an event if it occurs must take place at the lowest levels of
government, at the State and local levels, preferably the local and with
-------
those individuals who have been trained to deal with emergencies for a
good many years with the advice and guidance of folks they weren't
accustomed to working with, chemists, scientists, risk evaluators and to
some extent physicians and emergency technicians who understood the
implications of chemical exposure.
We determined that it was essential that dialogue take place between the
community and its experts with industry - the processor, owner, user,
developer of the chemicals. The CEPP provided a focus for such dialogue
and said, let's get organized at the community level, let's ask some
serious questions of industry and let's start to work together to develop
a program which will protect that population.
At the same time the EPA along with other Federal agencies was doing
this, the Chemical Manufacturers Association was designing a program
called Community Awareness and Emergency Response (CAER) that had a
slightly different twist: it said, industry, here is some guidance and
advice on how you as a plant manager need to involve yourself with the
local community, how you need to get out there and start explaining what
it is that you're doing and work with that local community in developing
the learning and monitoring systems and participating in contingency
planning. This type of initiative has been undertaken on an international
level as well with the United Nations Environmental Program's Appel
project.
So what we had is a government initiative, CEPP, and an industry initia-
tive, CAER, both of which were headed in the same direction - that the
public is best protected by an integrated program that involves industry
-------
- 4 -
working in cooperation with elected officials and emergency managers,
governmental authorities, risk assessors and health officials. The
United States Congress liked that. They adopted the basic program and
added some other ideas.
The major sections of the law involve threshold planning quantities;
lists of extremely hazardous substances; provisions for industry to
estimate yearly routine etnmission of certain chemicals; provisions for
firms to disclose inventories of hazardous chemicals; community right-
to-know; trade secrets preliminary regulations; guidance on how to
develop a contingency plan; and a prevention study including a review of
emergency systems for monitoring and detecting releases of hazardous
chemicals. Further, a spill screening system called the Accidental
Release Information Profile (ARIP) Program helps EPA identify chronic
spillers and target field inspections and safety audits.
Industry? They cooperated for the most part, particularly large industry.
At the moment we're still suggesting that some smaller companies, partic-
ularly non-manufacturing companies, that haven't cooperated may have done
so not out of lack of desire, but out of lack of knowledge; they haven't
got the word and they may not understand the issues. The local emergency
planning committees and other outreach programs are now to get their arms
around some of those smaller companies and obtain compliance.
State Emergency Response Commissions are established, and Local Emergency
Planning Committees are established. These are the infrastructure put
into place in States and local communities to plan for responding to
-------
- 5 -
chemical emergencies and to deal with all the information generated by
the Act. There are thousands of people, both volunteers and professionals,
operating in this program right now. A lot of them are public citizens.
Most of them are people adding to their existing day-to-day jobs.
The Environmental Protection Agency* now having got through the bulk of
its rulemaking dealing with emergency preparedness and right-to-know infor-
mation, is presently figuring out what we're going to do with all this
data.
The Congress wrote a "process" law; there's very little in the law that
indicates intent. What it does is set forth some specific lists, locations,
orgnizational structure, deadline dates, but it doesn't really deal with
what do you do with all the data. That was left to the imagination of
EPA and local and State officials who now have access by law to an extra-
ordinarily large amount of new information.
What we're doing is generating some training programs for contingency
planning and exercise. Working very closely with the Federal Emergency
Management Agency and the Department of Transportation and the United
States Coast Guard, who have a fair amount of experience in this area,
we're designing methods and ways of establishing, reviewing, training for
the development of these plans.
Clearly, implementation of this new Act is everybody's job - Congress has
decided people have a right-to-know. Lots of State legislatures, more than
half at the last count, have decided that people have a right to know and
have written or are writing similar laws. Lots of communities through
-------
- 6 -
ordinances and programs at the local level have decided that people have
a right-to-know. And the entire population from industry, professionals,
etc., are responsible to participate in that process? to participate in
the case of the Federal Government by providing guidance, stimulation,
creating an environment in which it can occur, and on the part of industry
by providing the information that's been mandated in a useful form and
accompanying it with assistance. Professionals in the discipline having
to do with chemicals can help by becoming actively involved in this
process and sharing expertise to interpret the data, and help citizens
understand what it means.
Environmental groups and citizens each have their responsibilities.
Environmental groups have undertaken the responsibility to keep the
pressure on to make sure it works; and citizens have to start becoming
involved with the process and putting political pressure on all the
parties that are involved to be sure that it occurs.
The Title III law has in fact made a major contribution toward improving
chemical safety not only for purposes of environmental health, but also
for purposes of public health.
With all of the levels of government, industry, and the public working
together, the American chemical process, industry can become safer and
thus better protect the public from the hazards of spills of extremely
hazardous chemicals.
-------
A-3
-------
NOTES ON THE SARA TOXIC RELEASE INVENTORY
AND CONGRESSMAN WAXMAN'S STATEMENT
MARCH 22, 1989
The EPA agrees with Congressman Waxman that section 112 of
the Clean Air Act has not been adequate to address the air
toxics problem. The structure of Section 112, designed 18
years ago, is inadequate to address today's problems.
The Administration has made a commitment to recommend
amendments to the Clean Air Act to address acid rain, non-
attainment for criteria pollutants, and air toxics.
Activity to consider air toxics legislation is ongoing in
the Congress. Members of the Se'nate Environment and Public
Works Committee will have a draft bill shortly. Congressman
Dingell has introduced a bill, H.R.4, which would address
major sources accounting for 1.8 billion pounds of the 2.4
billion pounds in the TRI.
In addition to the pollutants directly regulated under the
Section 112 authority, the Agency has, through its NAAQS
program, taken regulatory actions which have resulted in
substantial reductions in the SARA TRI chemicals. Through
the implementation of the ozone and .particulate matter
ambient standards, the Agency has estimated that air toxics
emissions over the last decade have been reduced by about
40% of from what they would otherwise have been.
*
An upcoming propos-al to regulate treatment, storage and
disposal facilities under RCRA will result in an estimated
yearly reduction of more than 2 billion pounds of toxic air
releases (these are sources apart from those required to
report under SARA although there is overlap).
-------
' THE INVENTORY
The National Inventory, when completed in the near future,
will be a valuable tool in getting a general picture of
toxic chemical releases to air, water and land. The data
represented estimated gross emissions, rather than actual
exposure, but as such can serve as a flag of potential
health or environmental problems which warrant further
investigation. Since the data are submitted by the
manufacturers themselves, withaut additional monitoring or
verification by either the manufacturers or the Federal
government, facility-by-facility analyses are subject to
error.
The final National Inventory will be released to the puttie
as soon as it is completed in late Spring.' The Agency
believes that this Inventory will prove to be very useful to
EPA as well as the public. It is likely to provide new
insights into potential health and environmental problems
which have not been addressed by Federal, state, or local
authorities which warrant further investigation. EPA plfens
to factor the results of its analysis of the Inventory into
its shaping of the new Clean Air Amendments.
The preliminary data cited by the Congressmen are data which
EPA released to Congressman Waxman on March 2, 1989 in
response to a request by the Congressman. As Congressman
Waxman indicates in his release, the data are preliminary at
this time and could change prior to their final release in
the National Inventory.
-------
OSHA •REGULATIONS
o OSHA is to be commended for its recent actions to revise its
pcraic^ible exposure limits for numerous toxican' :.
o The OSH Act has provisions designed to allow OSHA to easily
adopt (on ei wholesale basis) general rcccruncndod . ..:.• ..rds
(NIOSH and American Council of Governmental ana _r.auscrial
Hygienists (ACGIH) rccomr.cr.-.r-d standards) . The Clean :.l r
Act has no provision that a...-.:-..;.. izcr. a broad, multinollutant
approach.
o The OSH Act required CSHA to adopu the :.CCIH standards
existing when the Act passed. OSKA did so. In 1988 t:.~-
Agency dealt with a considerable backlog of reccrimer.dations
by adopting an revising these r^anc'.^.rds and add;.-.:; more.
-------
WHY SKCTTON L'' ? .- ••''.. T!! :-^ CF.KAM _ A •''!•;_ ACT 'IjiOin;,!) iji-^MKH PEP
Section 112 was written almost 20 years age in anticipation
of a small number o_ '.._^.-rdous air pollutants that should be
regulated apart from criteria pollutants such as ozone.
The growth -in the scientific information base since then has
resulted in a SARA TRI that reports on hundreds of toxics
emitted from tens of thousands of sources.
Section 112 has proved to be a difficult authority to
implement in part because of the nature of some of the
required findings. The orientation towa-^s cher.ical-by-
chemical regulation further complicates addressing sources
such as those in the TRI whose emissions may contain a
variety of toxic constituents. Recent court
interpretatic:-.- , _:.e "vir/I chloride" opinion of Judge Eork,
1537, and the recent - _.".c-incj' ,oy Juc^ce Green, 1989) have 'i7.a^~
the 112 findings even ......re elaborate and difficult by
requiring a two-step decision on each chemical: ((1) what
is a "safe" level of exposure considering health data alone,
(2) what level provides an ample'margin of safety
considering health plus cost and feasiblity of control) and
by requring'concurrent decisions on all categories of
sources emitting a partiuclar chemical.
In order to address the numerous chemicals in the SARA TRI
the Clean Air Act needs to be changed to authorize EPA to
take a multipollutant control approach in which industrial
source categories are regulated for all of the air toxics of
concern that they emit. Authority is needed to address this
problem through the application of technology-based emission
standards across nany source categories.
-------
March 22, 1989
DATA QUALITY EFFORTS
On July 1, 1988, EPA received the first Form R's from
industry required by Section 313 of the Emergency Planning And
Community Right-to-Know Act. EPA has entered that information
into a computer data base. On March 2,,1989, EPA responded to an
inquiry from Congressmen Henry A. Waxman for air emissions data.
At the time of the release of data to Mr. Waxman, OTS had
verified 100% of the emissions numbers over 100,000 pounds.
In addition, all emissions numbers under 100,000 pounds,
which represented more than 5% of the emissions of a particular
type (e.g. fugitive air emissions, underground injection), were
sampled. Of the 200 numbers validated under this exercise, 2
minor data entry errors were found, which totaled less than 1,000
pounds. j
Of a random selection of forms sent to the Chemical
Manufacturers Association member companies, the overall data
entry error rate has been less than 1.5%.
Finally, in the month since the material was released to
Mr. Waxman, a wide variety of data quality activities have been
undertaken. These will affect the data sent to Mr. Waxman in two
ways:
a) about 2,000 duplicate submissions have been deleted from the
data base; and
b) a large number of submitter errors in the Standard Industrial
Classification code field have been fixed.
A copy of the Waxman response (and attachments) is included
in this package.
The data quality efforts described above will mean that
States accessing the EPA data base, at this point in time, will
find slightly different numbers, but we expect the picture at the
national level to be consistent.
For further information please contact Steve Newburg-Rinn at FTS
382-3381.
-------
TITLE III - WIN PORTER
•I. INTRODUCTION
GOOD MORNING. I'M PLEASED TO HAVE BEEN INVITED TO SPEAK AT
THIS VERY IMPORTANT CONFERENCE AND TO SHARE INFORMATION ABOUT EPA'S
CHEMICAL EMERGENCY PREPAREDNESS AND PREVENTION PROGRAM. DURING MY TIME
HERE WITH YOU TODAY I WOULD LIKE TO GIVE YOU A BRIEF OVERVIEW
OF WHAT WE HAVE ACCOMPLISHED TO DATE WITH THE EPA PROGRAM. I ALSO WANT
TO TALK ABOUT INDUSTRY'S ROLE IN IMPLEMENTING TITLE III, ABOUT YOUR
OWN CAER EFFORT AND ABOUT THE INTERNATIONAL IMPLICATIONS OF THE ACTIVITIES
UNDERWAY IN THE U.S. TO ADDRESS CHEMICAL EMERGENCIES.
AS YOU KNOW, FY 1987 WAS THE SECOND YEAR OF THE CHEMICAL EMERGENCY
PREPAREDNESS AND PREVENTION PROGRAM. THIS PROGRAM WAS INITIATED IN JUNE
OF 1985 AS PART OF THE AGENCY'S AIR TOXICS STRATEGY. THE MAJOR GOALS OF
THE PROGRAM WERE:
0 TO PROMOTE COMMUNITY AWARENESS OF CHEMICAL HAZARDS
0 TO ASSIST IN THE DEVELOPMENT OF STATE AND LOCAL PREPAREDNESS
PROGRAMS
0 TO DEVELOP A CHEMICAL ACCIDENT PREVENTION PROGRAM
LAST YEAR OUR PROGRAM WAS ENHANCED BY THE ADOPTION OF TITLE III OF
THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT. THIS STATUTE WAS ENACTED
WITH SIMILAR GOALS IN MIND AND INCLUDED REQUIREMENTS TO:
0 DEVELOP A STATE AND LOCAL EMERGENCY PLANNING STRUCTURE
0 PROVIDE CERTAIN INFORMATION TO CITIZENS THROUGH INDUSTRY REPORTING
e PROVIDE FOR BROAD PARTICIPATION IN THE PLANNING PROCESS
-------
DURING THE PAST YEAR OUR PREPAREDNESS STAFF HAS BEEN WORKING TO MEET
THE MANY STATUTORY DEADLINES IMPOSED BY TITLE III. ALL OUR MAJOR PROGRAM
OBJECTIVES AND DEADLINES HAVE BEEN MET. IN SI&WARY:
0 FIVE RULEMAKINGS HAVE BEEN COMPLETED.
0 THREE GUIDANCE DOCUMENTS AND AN INTERIM REPORT TO CONGRESS
HAVE BEEN PRODUCED.
0 NINE STATUTORY DEADLINES HAVE BEEN MET.
LET ME DESCRIBE SOME OF THE REQUIREMENTS OF TITLE III AND WHAT THEY MEAN
FOR INDUSTRY.
II. TITLE III—PROVISIONS AND IMPLICATIONS
INDUSTRY HAS AN IMPORTANT ROLE TO PLAY IN THE IMPLEMENTATION OF
MAJOR SECTIONS OF TITLE III. THESE SECTIONS AND THEIR IMPLICATIONS
INCLUDE THE FOLLOWING.
EMERGENCY PLANNING (§301-303)
THE EMERGENCY PLANNING SECTIONS ARE DESIGNED TO DEVELOP STATE AND
LOCAL GOVERNMENT'S EMERGENCY RESPONSE AND PREPAREDNESS CAPABILITIES THROUGH
BETTER COORDINATION AND PLANNING, ESPECIALLY WITHIN THE LOCAL COMMUNITY.
THEY REQUIRE THE ESTABLISHMENT OF STATE EMERGENCY RESPONSE COMMISSIONS
(SERCS) WHICH IN TURN, MUST DESIGNATE LOCAL EMERGENCY PLANNING DISTRICTS
AND COMMITTEES TO DEVELOP EMERGENCY RESPONSE PLANS.
INDUSTRY CAN MAKE A VALUABLE CONTRIBUTION TO THE EFFECTIVE OPERATION
OF BOTH THE STATE COMMISSIONS AND THE LOCAL PLANNING COMMITTEES. A NUMBER
-------
PAGL J
OF STATES HAVE ALREADY ENLISTED THE ASSISTANCE OF INDUSTRY AND TRANSPORTATION
OFFICIALS ON THEIR COMMISSIONS. THE MORE EXPERTISE ON A STATE COMMISSION,
THE BETTER EQUIPPED THAT COMMISSION WILL BE TO MEET THE OBJECTIVES OF
TITLE III AND TO ASSIST COMMUNITIES IN FULFILLING THEIR RESPONSIBILITIES
TO THEIR CITIZENS.
TITLE III PLANNING IS CENTERED AROUND THE LIST OF 406 EXTREMELY
HAZARDOUS SUBSTANCES IDENTIFIED BY EPA IN A FEDERAL REGISTER NOTICE
OF APRIL 22, 1987. THE LIST INCLUDES THE THRESHOLD PLANNING QUANTITIES
FOR EACH SUBSTANCE. IF A FACILITY PRODUCES, USES OR STORES MORE OF THE
LISTED CHEMICAL THAN THE THRESHOLD QUANTITY, THEN IT IS SUBJECT TO ALL THE
EMERGENCY PLANNING REQUIREMENTS UNDER SECTIONS 301-303. ADDITIONALLY,
FOLLOWING PUBLIC COMMENT, STATE COMMISSIONS CAN DESIGNATE NEW FACILITIES
AS SUBJECT TO THESE REQUIREMENTS. AFFECTED FACILITIES WERE REQUIRED TO
NOTIFY STATE COMMISSIONS THAT THEY ARE COVERED BY THESE REQUIREMENTS BY
MAY 17, 1987, AND THEY SHOULD REPORT IMMEDIATELY IF THEY HAVE NOT ALREADY
DONE SO. AFFECTED FACILITIES SHOULD ALSO HAVE APPOINTED A FACILITY
COORDINATOR BY SEPTEMBER 17, 1987, TO WORK WITH THE LOCAL PLANNING COMMITTEE
IN THE IMPLEMENTATION OF AN EMERGENCY RESPONSE PLAN.
EMERGENCY NOTIFICATION (§304)
FACILITIES WHERE A LISTED HAZARDOUS SUBSTANCE IS PRODUCED, USED, OR
STORED MUST IMMEDIATELY NOTIFY THE LOCAL EMERGENCY PLANNING COMMITTEE AND
THE STATE EMERGENCY RESPONSE COMMISSION IF THERE IS A RELEASE OF THESE
SUBSTANCES ABOVE A REPORTABLE QUANTITY (RQ) THRESHOLD. THIS INCLUDES THE
SAME SUBSTANCES IDENTIFIED UNDER THE PLANNING PROVISIONS I HAVE JUST DISCUSSED,
-------
PAGE 4
PLUS THOSE CHEMICALS LISTED UNDER SECTION 103(a) OF THE SUPERFUND LAW.
THE INITIAL NOTIFICATION CAN BE"BY TELEPHONE, BY RADIO, OR IN PERSON.
EMERGENCY NOTIFICATION REQUIREMENTS INVOLVING TRANSPORTATION INCIDENTS CAN
BE SATISFIED BY DIALING 911, OR BY CALLING THE OPERATOR. FURTHERMORE,
A FOLLOW-UP WRITTEN EMERGENCY NOTICE IS REQUIRED AS SOON AS PRACTICABLE
AFTER A RELEASE. THIS NOTIFICATION REQUIREMENT WENT INTO EFFECT WHEN
THE NEW SUPERFUND BILL WAS SIGNED INTO LAW IN OCTOBER OF LAST YEAR.
COMMUNITY RIGHT TO KNOW (§311, 312)
THERE ARE TWO COMMUNITY RIGHT TO KNOW REPORTING REQUIREMENTS IN TITLE III.
FIRST, FACILITIES THAT MUST PREPARE OR HAVE AVAILABLE MATERIAL SAFETY DATA
SHEETS (MSDS) UNDER THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
(OSHA) REGULATIONS MUST NOW SUBMIT COPIES OF EITHER THESE OR A LIST OF MSDS
CHEMICALS TO THE LOCAL EMERGENCY PLANNING CONWITTEE, THE STATE EMERGENCY
RESPONSE COMMISSION, AND THE LOCAL FIRE DEPARTMENT. THIS REQUIREMENT WENT
INTO EFFECT ON OCTOBER 17, 1987. EPA IS ENCOURAGING SUBMITTAL BY LIST
RATHER THAN BY MSDS IN ORDER TO MINIMIZE THE PAPERWORK BURDEN FOR STATE AND
LOCAL GOVERNMENTS AND FIRE DEPARTMENTS. UPON REQUEST OF A LOCAL PLANNING
COMMITTEE OR FIRE DEPARTMENT, HOWEVER, A FACILITY MUST ALSO SUBMIT THE
MSDS FOR A PARTICULAR CHEMICAL ON ITS LIST. IN CARRYING OUT THIS REQUIREMENT,
EPA HAS ESTABLISHED THRESHOLD QUANTITIES FOR HAZARDOUS CHEMICALS BELOW WHICH
FACILITIES DO NOT HAVE TO REPORT. EPA HAS ALSO REDUCED THE NUMBER OF
REPORTING CATEGORIES FROM 23 TO 5 IN ORDER TO MINIMIZE PAPERWORK.
THE SECOND COMMUNITY RIGHT TO KNOW REPORTING REQUIREMENT UNDER
TITLE III REQUIRES FACILITIES TO SUBMIT AN EMERGENCY AND HAZARDOUS CHEMICAL
-------
PAGE 5
INVENTORY FORM. THE FINAL FORM WAS PUBLISHED IN THE FEDERAL REGISTER ON OCTOBER ??
1987. THE HAZARDOUS CHEMICALS AND THE ENTITIES TO WHICH THE INFORMATION IS
SUBMITTED ARE THE SAME AS IDENTIFIED UNDER THE FIRST REPORTING REQUIREMENT.
AGAIN, WITH RESPECT TO THIS REQUIREMENT, EPA MAY ESTABLISH THRESHOLD QUANTITIES
FOR .HAZARDOUS CHEMICALS BELOW WHICH REPORTING IS NOT REQUIRED. THE FORM
MUST PRESENT AN ESTIMATE OF THE MAXIMUM AMOUNT OF THE CHEMICALS PRESENT AT
THE FACILITY AT ANY TIME DURING THE PRECEDING CALENDER YEAR, AN ESTIMATE OF
THE AVERAGE DAILY AMOUNT OF SUCH CHEMICALS, AND INFORMATION ABOUT THEIR
GENERAL LOCATION.
IN ADDITION TO THIS INFORMATION, A LOCAL COMMITTEE, STATE COMMISSION,
OR LOCAL FIRE DEPARTMENT MAY REQUEST A FACILITY TO PROVIDE MORE DETAILED
INFORMATION.
TOXIC CHEMICAL PET .EASE REPORTING (§313)
ANOTHER SECTION OF TITLE III FALLS OUTSIDE THE JURISDICTION OF MY PROGRAM
AND IS HANDLED BY THE OFFICE OF PESTICIDES AND TOXIC SUBSTANCES. SECTION 313
REQUIRES FACILITIES TO SUBMIT ANNUAL REPORTS ON THE RELEASE OF TOXIC CHEMICALS
INTO THE AIR, WATER AND SOIL. THE PURPOSE OF SECTION 313 IS TO CREATE A TOXIC
RELEASE INVENTORY — A NATIONAL DATA BASE OF ANNUAL REPORTS ON TOXIC CHEMICAL
RELEASES FROM MANUFACTURING FACILITIES ACROSS THE NATION. FACILITIES
SUBJECT TO THIS REPORTING REQUIREMENT MUST COMPLETE TOXIC CHEMICAL RELEASE
FORMS FOR SPECIFIED CHEMICALS. THESE FORMS MUST BE SUBMITTED TO EPA AND
STATE OFFICIALS DESIGNATED BY THE GOVERNOR.
-------
PAGE 6
THE REPORTING REQUIREMENT APPLIES TO OWNERS AND OPERATORS OF FACILITIES
THAT:
0 HAVE 10 OR MORE FULL-TIME EMPLOYEES
e ARE IN STANDARD INDUSTRIAL CLASSIFICATION CODES 20 THROUGH 39
0 HAVE MANUFACTURED, PROCESSED OR OTHERWISE USED A LISTED TOXIC
CHEMICAL IN EXCESS OF SPECIFIED THRESHOLD QUANTITIES.
ON JUNE 1, 1987, EPA PUBLISHED A FORMAT FOR TOXIC CHEMICAL RELEASE
REPORTING IN THE FEDERAL REGISTER. BASED UPON DATA RECEIVED VIA THESE FORMS,
EPA MUST MAINTAIN A NATIONAL TOXIC CHEMICAL RELEASE INVENTORY. THIS
INVENTORY WILL ASSIST IN RESEARCH AND IN THE DEVELOPMENT OF POSSIBLE FUTURE
REGULATIONS, GUIDELINES, AND STANDARDS.
THESE REPORTING REQUIREMENTS WILL PROVIDE THE GOVERNMENT AND THE PUBLIC
WITH A BETTER PICTURE OF THE NATURE OF ROUTINE CHEMICAL RELEASES NATIONWIDE.
IMPLEMENTED ON A NATIONAL SCALE, SECTION 3l3 COULD AFFECT AS MANY AS 35,000
FACILITIES. BEYOND THE INFORMATION GATHERING REQUIREMENTS OF SECTION 313, EPA MUST
ALSO ESTABLISH A NATIONAL DATABASE ACCESSIBLE TO ALL CITIZENS VIA COMPUTER
TELECOMMUNICATION.
REVIEW OF EMERGENCY SYSTEMS (§ 305)
SECTION 305 AUTHORIZES THE FEDERAL EMERGENCY MANAGEMENT AGENCY TO
PROVIDE $5 MILLION EACH YEAR BETWEEN 1987 AND 1990 FOR TRAINING GRANTS
TO SUPPORT STATE AND LOCAL GOVERNMENTS. OVER THE PAST YEAR EPA HAS
WORKED WITH FEMA TO MAKE THIS FUNDING AVAILABLE TO ALL STATES EXCEPT
NEBRASKA (WHICH DID NOT APPLY).
-------
PAGE 7
UNDER SECTION 305, EPA IS REQUIRED TO REVIEW EMERGENCY SYSTEMS FOR
MINOTORING, DETECTING, AND PREVENTING RELEASES OF EXTREMELY HAZARDOUS
SUBSTANCES AT REPRESENTATIVE FACILITIES THAT PRODUCE, USE, OR STORE
THEM. A FINAL REPORT OF FINDINGS AND RECOMMENDATIONS IN THIS AREA IS
DUE NEXT YEAR. WE WOULD LIKE TO HAVE INDUSTRY'S ASSISTANCE AND COOPERATION IN
COMPLETING THIS REPORT, AND I INVITE YOUR PARTICIPATION IN THIS ENDEAVOR.
TRADE SECRETS (§ 322-323)
SECTION 322 OF TITLE III ADDRESES TRADE SECRETS AND APPLIES TO
EMERGENCY PLANNING, COMMUNITY RIGHT-TO-KNOW, AND TOXIC CHEMICAL RELEASE
REPORTING. INFORMATION ON CHEMICALS MAY BE WITHELD UNDER CERTAIN
CONDITIONS, BUT THE GENERIC CLASS OR CATEGORY OF THE CHEMICAL MUST
ALWAYS BE PROVIDED. SECTION 323 PROVIDES FOR DISCLOSURE OF INFORMATION
UNDER CERTAIN CIRCUMSTANCES TO HEALTH PROFESSIONALS WHO NEED THE
INFORMATION FOR DIAGNOSTIC PURPOSES OR TO LOCAL OFFICIALS WHO NEED IT
FOR ASSESSMENT ACTIVITIES.
III. TITLE III AND THE CMA CAER PROGRAM
I BELIEVE WE CAN ALL AGREE THAT OUR TITLE III PROGRAM AND THIS
ORGANIZATION'S EFFORT SO APPROPRIATELY CALLED CAER TRULY COMPLEMENT ONE
ANOTHER. CMA HAS LONG BEEN INVOLVED IN TRYING TO PROVIDE THE KIND OF
INFORMATION THAT WILL ALLOW APPROPRIATE RESPONSE TO CHEMICAL EMERGENCIES.
YOU HAVE BEEN LEADERS IN THE AREA OF CORPORATE RESPONSIBILITY, AND YOU
DESERVE CREDIT FOR YOUR EFFORTS.
AT THE SAME TIME, THE FEDERAL PROGRAM BRINGS ANOTHER DIMENSION TO
REGULATIONS, GUIDELINES, AND STANDARDS.
-------
PAGE 8
THE EFFORT TO PROVIDE RELIABLE INFORMATION AND RESPONSE. PLANNING HAS
TRADITIONALLY BEEN A PUBLIC SECTOR RESPONSIBILITY, AND PLANNING IS REALLY
WHAT TITLE III IS ALL ABOUT. THROUGH OUR REGULATIONS AND REQUIREMENTS,
AND WITH AS MUCH SUPPORT AND ASSISTANCE AS WE CAN PROVIDE, WE WANT TO
HELP COMMUNITIES TO PREVENT ACCIDENTS TO THE EXTENT POSSIBLE AND TO
RESPOND EFFECTIVELY WHEN ACCIDENTS DO OCCUR.
A FEW YEARS AGO PUBLIC/PRIVATE PARTNERSHIP IN BUILDING AND SUSTAINING
OUR COMMUNITIES BECAME SOMETHING OF A BUZZWORD. IT'S WORTH RISKING A BIT OF
A CLICHE TO SAY THAT THESE KINDS OF PARTNERSHIPS ARE STILL NEEDED TODAY.
AND THEY ARE NEEDED IN THE AREA OF ENVIRONMENTAL PROTECTION AS MUCH AS IN
ANY OTHER AREA I CAN THINK OF. IT IS BECAUSE I PERSONALLY BELIEVE IN THIS
CONCEPT THAT I SUGGEST WE MUST BOTH CONTINUE THE EFFORTS WE ARE SUPPORTING
INDIVIDUALLY. WHILE NEITHER PROGRAM MAY BE ADEQUATE ALONE, OUR COMBINED
ENDEAVORS CAN GO FAR IN PROTECTING COMMUNITIES FROM THE RISKS WE ALL
ACCEPT AS A CONSEQUENCE OF LIVING IN A TECHNOLOGICALLY ADVANCED SOCIETY.
IV. THE INTERNATIONAL DIMENSION OF CHEMICAL EMERGENCY PREPAREDNESS
JUST AS YOU, THE PRIVATE SECTOR, AND I, THE PUBLIC OFFICIAL, DO NOT
OPERATE IN ISOLATION FROM ONE ANOTHER, SO TOO ARE WE ALL A PART OF THE
INTERNATIONAL COMMUNITY. LEE THOMAS, THE EPA ADMINISTRATOR, HAS RECENTLY
NOTED IN AN AGENCY MANAGEMENT FORUM THAT SEVERAL THINGS ARE HAPPENING TO
CHANGE THE WAY WE APPROACH SOLVING ENVIRONMENTAL PROBLEMS. ONE OF THESE
IS THAT POLLUTION AND ENVIRONMENTAL MANAGEMENT HAVE BECOME MORE GLOBAL IN
SCOPE. THE U.S. AND OTHER COUNTRIES BOTH IMPORT AND EXPORT CHEMICALS,
PESTICIDES, WASTE FOR RECYCLING. COMPANIES INVOLVED IN ACTIVITIES WITH
ENVIRONMENTAL CONSEQUENCES ARE FREQUENTLY MULTI-NATIONAL. DEVELOPING
-------
NATIONS SEEK TO LEARN FROM THE EXPERIENCES OF MORE DEVELOPED PARTS OF THE
WORLD, AND THEY LOOK TO THE U.S. EPA AND TO THE AGENCY FOR INTERNATIONAL
DEVELOPMENT FOR ADVICE IN HOW TO AVOID MISTAKES.
IN THE AREA OF BILATERAL RELATIONS, EPA'S PREPAREDNESS STAFF THIS
PAST YEAR CO-CHAIRED JOINT RESPONSE TEAMS WITH CANADA AND MEXICO AND
DEVELOPED JOINT CONTINGENCY PLANS FOR RESPONDING TO RELEASES ALONG OUR
NORTHERN AND SOUTHERN BORDERS.
IN MULTILATERAL EFFORTS, THE STAFF INITIATED AND IS MANAGING THE
U.S. ACTION IN A PREPAREDNESS/PREVENTION PROJECT WITH THE ORGANIZATION FOR
ECONOMIC COOPERATION AND DEVELOPMENT AS A RESULT OF A MINISTERIAL LEVEL
MEETING ON CHEMICALS. THEY ARE WORKING WITH THE UNITED NATIONS ENVIRONMENTAL
PROGRAM ON PROTOCOLS FOR INTERNATIONAL NOTIFICATION OF RRT.FAfiF.fi AND
ASSISTANCE IN RESPONSE ACTIONS. THEY ARE ALSO WORKING WITH THE WORLD HEALTH
ORGANIZATION IN DEVELOPING CHEMICAL PROFILE CARDS ON TOXIC CHEMICALS.
IN FACT, JIM MAKRIS, HEAD OF OUR PREPAREDNESS STAFF, IS HERE WITH ME TODAY.
HE HAS JUST RETURNED FROM AN OECD MEETING, AND I 'M SURE HE WOULD BE HAPPY
TO RESPOND TO ANY SPECIFIC QUESTIONS ABOUT THIS.
AS WE MEET IN NEW YORK — THE HOME OF THE UNITED NATIONS — AND
WITH A U.N. ENVIRONMENTAL PROGRAM REPRESENTATIVE, A MEMBER OF THE PRIVATE SECTOR,
AND A PUBLIC OFFICIAL ALL ON THE SAME PANEL, WE CANNOT HELP BUT REFLECT ON
THE FACT THAT OUR CHALLENGES REALLY ARE GLOBAL IN NATURE. OTHER CHALLENGES
THAT FACE US INCLUDE:
0 THE REALITY THAT WE CAN MEASURE POLLUTION TODAY BETTER THAN WE
CAN MANAGE IT
8 OUR LACK OF UNDERSTANDING OF THE CROSS-MEDIA EFFECTS OF
-------
PAGE 10
POLLUTION
• THE NEED TO ADDRESS THE INCREASING PUBLIC FEAR OF TOXICS
THESE ISSUES CANNOT BE RESOLVED EFFECTIVELY IF WE SEE OURSELVES AS
EACH EXISTING IN A VACUUM. IT HAS BEEN MY PLEASURE TO BE A MEMBER OF
A PARTNERSHIP AT THIS CONFERENCE. I LOOK FORWARD TO CONTINUING TO WORK
TOGETHER TOWARD THE GOALS I BELIEVE WE ALL SHARE.
-------
A-4
-------
MAR I 3
Update on EPA's Implementation and Enforcement
of Section 313 of SARA Title III
by
Michael Shapiro
Director, Economics and Technology Division
Office of Toxic Substances
U.S. Environmental Protection Agency
When Congress passed SARA Title III in October 1986, it
presented a formidable challenge to both EPA and the regulated
community. The many tight deadlines, different lists, and
complex reporting requirements tested the skills of both
regulators and the reporting facilities in implementing this
extraordinary information collection legislation. Specifically
with respect to the Toxic Release Inventory (TRI) under Section
313, EPA had a little more than a year to promulgate regulations,
inform the regulated community of their obligations, prepare and
deliver training to both its own staff and the regulated
community, and prepare to receive one the largest quantities of
data ever reported to the Agency. Industry for its part had to
organize information and prepare for the complex task of
estimating releases and treatment efficiencies, knowing that
EPA's regulations would only be finalized a few months before the
reporting deadline.
How have we done? Well, by any measure a lot has been
accomplished over the past two and a half years. Nevertheless,
much remains to be done if we are to realize Congress' intention
of providing the public and regulatory Agencies with a multi-
media database upon which analysis can be performed to set
priorities, identify problems and pursue management of toxic
chemicals over all environmental media. This paper presents the
current status of reporting and implementation of section 313 and
gives some perspectives on where the EPA is headed over the next
year.
Current Reporting status
EPA has received about 75,000 reports .from about 17,500
facilities. These results are in comparison to our estimate that
about 30,000 facilities would have reporting obligations. Is our
compliance rate 55 percent as these figures might suggest? Not
necessarily, the 30,000 figure was a rough estimate based on very
limited data available from one state. Therefore, we cannot
really conclude that the response rate is as low as 55 percent.
-------
For example, comparing the national percentages with similar
figures for states that have had very good right-to-know programs
in place suggests that compliance rates may be closer to 75
percent. In any event, it's c^lear that there are facilities that
are not reporting. Enforcement actions against non-compliers will
be discussed in a later section of this paper. In addition, our
regional offices are continuing to conduct a variety of outreach
efforts, including phone calls targeted at non-reporters in
industry segments that we believe have the potential for using
section 313 chemicals. As a result of this activity, we are
continuing to receive a trickle of late reports for 1987, even
while we are beginning to get the 1988 early returns.
For facilities that have reported, we have been able to
tabulate some preliminary breakdowns by industry type. The table
below presents major industrial categories by the percentage of
all reporting facilities that are attributable to that category:
Percentage of all
Industry Group Reporting Facilities
Chemicals 22
Fabricated Metals 13
Electrical . 8
Food 8
Primary Metals 7
Rubber/Plastic 6
Transportation 5
Machines 4
Paper 4
Lumber 4
Stone/Glass 4
Textiles 3
Petroleum/Coal 2
Instrumentation 2
Furniture 2
Printing 1
Leather 1
Apparel
-------
incomplete reports. We did anticipate that the error rates would
be high in the first reporting year, based on the complexity of
the reporting requirements as well as experience we've had with
previous, much simpler reporting regulations under the Toxic
Substances Control Act. As discussed below many of these errors
are easy to identify and fix, and should not significantly affect
the ultimate usefulness of the data base.
Some of the common errors that we have found include the
following:
Failure to include all sections of the form with each
report;
Missing facility identification information, e.g. name
or address, SIC code, Dun and Bradstreet Number,
technical contact;
Missing chemical identification, e.g., chemical name or
mixture identification, CAS NumJber, inconsistent CAS
Number and name;
Unacceptable certification, photocopied signature or no
signature;
Incomplete release information, no basis of estimate;
Incorrect codes, e.g., off-site codes for on-site
treatment, CAS Numbers not on the 313 list;
Missing cross references, e.g. release to water without
receiving stream, off-site transfer without location
reference;
Placing blanks in fields where NA is needed;
Double counting releases, e.g., entering both a range
and an estimated value, listing the same release for
release to water and release to POTW.
We are also beginning to look at whether the data that are
in the correct format are reasonable estimates, and we are
pursuing two courses to validate this information. First, a
certain portion of the forms that have been submitted will be
subject to phone call followup by our technical specialists.
These calls will focus on responses that appear to be
questionable from a technical standpoint, even though they may be
reported in the correct format. To the degree that this followup
uncovers errors in reports, these errors will be corrected in the
database. Second, we are planning to conduct approximately 200
in depth site audits utilizing contractor personnel. These site
audits will not be enforcement inspections, rather they will be
-------
audits designed to uncover any systematic problems in reporting
that might be affecting the overall quality of the database.
We have completed the pilot study of 25 facilities. While
this is too small a sample to- draw broad conclusions, the results
are interesting, and worth mentioning here.
Number of chemicals reported 70
Number with incorrect use/activity 24
Number which are not 313 chemicals 11
Number which did not exceed thresholds 2
Number of 313 chemicals not reported (below 122
threshold)
Number of chemicals that should have been 7
reported but were not
Because they voluntarily participated in the study, these
facilities probably felt that they had done a good job of
reporting, so the results presented here reflect better than
average 'data quality. They suggest that these firms did a pretty
good job in deciding what to report, however they had a lot of
difficulty in characterizing the uses of the chemicals that they
did report. The 7 chemicals that should have been reported, but
were not, were generally contaminants of mixtures.
In the opinion of our contractor, release estimates .were
generally done in a reasonable manner. About 80 percent of
estimates were in close agreement with the contractor's
assessment and another 17 percent were within a factor of 10.
One area of good news, at least for us, is the status of
trade secret claims under section 313. As you probably know EPA
did not finalize its Title III trade secret regulations until
after the first section 313 reporting deadline on July 1.
Therefore, we sent out letters to companies that made trade
secret claims, requesting them to resubmit and validate their
claims using the format finalized in our trade secret
regulations. There was a lot of uncertainty on the part of the
Agency and the public as to just what percentage of chemicals
would actually be claimed trade secret under Title III and
section 313 in particular. Now that the dust has settled and the
final substantiations have been submitted, we can address fears
that a large percentage of the data would be withheld from the
public. In fact, a very small percentage of chemicals are being
claimed as trade secrets. We have claims on less than 40
chemicals out of the 75,000 reports that we've received. Even
these substantiations may be further reduced once EPA further
reviews and validates the claims.
-------
Database Status
What is happening to all this information as it comes
pouring into the Agency? EPA'has established the Title III
Reporting Center in Washington. All of the TRI reports as well
as other data received by the Agency under Title III are being
handled by this facility. All of the reports submitted to date
have been entered into the EPA computer system. At present we are
in the midst of a fairly intensive effort at data clean up. This
involves performing a variety of consistency checks and audits of
the data to identify obvious errors that submitters have made as
well as errors created by EPA's contractors during the initial
round of data entry. The kinds of .submitter errors that we are
able to detect include incorrect chemical names or CAS numbers,
obviously incorrect codes for things like SIC code or DUNS
number, and so forth. About 2,000 forms were so incomplete that
they could not be entered into the computer and had to be
returned to the submitters for revision. Almost all of these have
been returned promptly to us. In addition, certain data problems
are not due to either industry or EPA error, but would greatly
complicate the public's use of the database. For example, Los
Angeles County has been entered fourteen different ways, which
would complicate a user's efforts to retrieve facilities for that
county!
We expect that this data cleanup process should be
substantially complete at the end of March.
Making the database available to the public involves some
additional steps. We have negotiated with the National Library
of Medicine (NLM) to be the agent for making the TRI database
accessible to the public. They will be mounting the database as
part of the series of files that they have on their TOXNET
System. This system has a great deal of chemical specific
information on many of the chemicals in the 313 list already;
therefore it will be a good compliment to the TRI release
information. For example, other NLM files include information on
basic physical/chemical properties, toxicity, and use of many of
the 313 chemicals. In addition, the National Library of Medicine
system was attractive to us because it is relatively inexpensive
to use and has already established a good user support base and a
program for training potential users. As part of EPA's agreement
with NLM, we will be funding them to enhance the user
friendliness of the database and to incorporate certain basic
statistical analysis functions which are not already available on
the NLM computer system. The resulting TRI database will be both
user friendly and capable of performing many of the basic
analyses that people would want to obtain from the system. We
expect this system to be available late this spring.
Of course while all this data entry and programming is going
-------
on, people still want access to the information. Right now the
Title III Reporting Center is making available hard copies of --he
reports. People can either request copies in writing or they can
go to the reporting center and ask to review copies there. A
couple of thousand such requests have been submitted; the
requestors range from company representatives to environmental
groups to private citizens. Once the public database is
accessible, we will continue to provide special access support to
those individuals who need limited information and don't have
access to computer retrieval opportunities.
Several other non-computer routes of access will also be
available to the public. For example, we will distribute
microfiche versions of the database to public libraries in all
counties of the country. CD-ROM versions of the database will be
made available at major libraries, state and EPA offices.
Finally, EPA is planning a national report on the TRI data. This
report will provide statistical summaries of the release
information, organized according to a variety-of categories of
interest, including industry, chemical, and geographic area.
Status of Enforcement Activity
As I indicated in the reporting status discussion, we
believe that there are non-reporters, and clearly this is a
serious concern. The usefulness of the database depends
ultimately on having a relatively high response rate as well as
good quality data. Recognizing that the quality .of the data is
something that will evolve and improve over time, our initial
concern is to make sure that facilities who should be reporting
are in the TRI system. Therefore, we are targeting most of our
enforcement activities during this fiscal year to identifying
facilities that should be reporting but are not. Each of the
EPA's Regional Offices has developed a targeting list for
inspections based on a combination of information that we've been
able to provide from Headquarters as well as their own sources of
information. ' In essence, our regions are targeting facilities in
industry groups where we believe there should be reporting and
identifying facilities in those industry groups that have not yet
submitted reports.
As you probaJbly have heard, enforcement actions have already
begun. Based on inspections that were conducted last summer and
fall, in December 1988 EPA announced 25 enforcement actions
against companies that had failed to report, requesting a total
of $1.5 million dollars in penalties. It's important to emphasize
that this action, while dramatic because of the number of cases
involved, does not represent a one shot effort. Inspections are
continuing throughout the year.
EPA has also issued its enforcement response policy for
section 313, which provides guidance on penalty levels for
-------
various types of violations, including non-reporting. Maximum
penalties available under the law are quite steep, $25,000 per
violation per day, and each chemical can be a separate violation
in the case of non-reporting. EPA's policy provides a graded
penalty structure based on factors such as the severity of the
infraction, the size of the facility, and whether the violation
is self-identified versus the detected through EPA enforcement
inspections. For example, when EPA returned incomplete forms to
submitters last year, no immediate penalties were assessed. To
the degree that facilities submitted corrected notices within a
specified time limit, there were no penalties levied against
them. On the other hand, a large facility making chemicals in
considerable quantities who fails to report and is detected
through an on site inspection can face penalties up to $25,000
per chemical.
Our penalty policy this year does not invoke per day
penalties except in very extreme cases. I should point out,
however, that EPA was criticized by a number of environmental
groups for this "soft" approach. Moreover, as time goes by it
will be less and less likely that firms making a good faith
ef'fort to comply with environmental laws would be unaware of
section 313. Thus it is possible that the magnitude of penalties
will increase in the future.
Regulatory Status
Even as we worried about how to handle the forms that were
submitted in 1988, we had to put in place the reporting
requirements for this year. By July 1, 1989, facilities must
report on releases that occurred during calendar year 1988. The
good news is that EPA has not made any modifications in the basic
reporting regulations for this year's submissions. This does not
mean, however, that there are no changes to worry about. The
reporting threshold for manufacturing and processing has gone
down from 75,000 to 50,000 pounds, so that facilities will have
to re-check their reporting threshold eligibility. In addition,
the supplier notification requirements became effective in
January 1, 1989, so companies that are chemical suppliers have an
additional legal responsibility to notify their customers. In
theory, this activity would not actually be reflected in reports
that we receive at the Agency until July 1 of 1990. However, I
expect that as facilities learn that chemical mixtures they are
using contain 313 chemicals, a number of them will be inclined to
factor that information into their July 1, 1989 reports.
When we finalized the basic reporting regulations we
indicated that we would be going back to reconsider the issue of
whether to require facilities to provide some indication of peak
release or frequency of releases. For a variety of reasons we
-------
delayed the start of that activity. However, we have recently
initiated work to evaluate the need for peak release reporting.
As a result, somewhere down the line reporting requirements could
be altered. We also plan to initiate work on minor amendments to
the regulations, in order to address problems that have arisen in
interpreting the present rules, for example in the area of
article definition. Again, any such changes would not affect the
next round of reporting.
Finally, there will be some changes in the list that will be
effective for the July 1, 1989 reports. Titanium dioxide and
acid blue 9 have already been delisted from the inventory. We
expect that final action may occur on some additional chemicals
before the deadlines. The chemicals that appear farthest along
in the process right now include melamine and benzyl butyl
phthalate. There is some chance that we could finalize decisions
on sodium hydroxide and sodium sulfate before the reporting
deadline, but these cases are less likely to be finished than the
first two. Sodium hydroxide, in particular, has been somewhat
controversial.
In our review of petitions over the last several months a
numJber of significant policy issues have been raised:
o Certain chemicals on the list, such as ethylene and
propylene, appear to have limited direct human
toxicity, but are released in large quantities and
contribute to the formation of photochemical smog,
which is associated with significant health and
environmental effects. Is this an appropriate reason
for including chemicals on this list?
o Certain individual members of the broad categories may
not share the toxicity concerns generally associated
with these categories. Should EPA follow a chemical by
chemical approach in delisting individual members from
the categories? Such an approach could impose an
enormous burden on the Agency's review process and
greatly complicate compliance determinations by
facilities. /
We are addressing these and other questions as they are
raised by individual petitions.
Outreach to Industry
We held a numJber of exercises over the summer of 1988 to
find out how we could do a better job of informing industry about
the reporting obligations and assisting industry in providing
better quality reports. These activities included a series of
debriefing panels with technical representatives of firms that
had reported as well as a review of problems and questions that
8
-------
arose in our regional offices and in our Title III Hotline. One
of the comments that came across consistently was that although a
number of our guidance materials were very good they were getting
to the right people very rate_ in the reporting cycle, frequently
after it was too late to affect the quality of the reports. As a
result, we are distributing reporting materials somewhat earlier
this "year. Camera ready copies of the forms and guidance
materials have been distributed to our regional offices and to
our trade association contacts. We have just published a notice
of availability of these materials in the Federal Register.
Moreover, every facility that submitted a report last year win
be getting a complete reporting package, including the revised
form, instructions and updated versions of the guidance materials
that we found to be of the most frequent use to facilities. We
have also added instructions for magnetic media reporting to the
package. Last year a few companies reported on diskettes, and
this proved to be a very satisfactory approach for both the
submitters and EPA, so we would like to encourage more firms to
follow this approach this year.
In addition to mailings, EPA is continuing to supply
speakers for various workshops and meetings to support outreach
and training efforts. We have developed a fairly good set of
training materials for a one to two day course on the nuts and
bolts of section 313 reporting. These materials are available
from EPA to anyone who wishes to build a course around them. Our
regional staff have received training on using these materials.
There is also the ever popular Emergency Planning and
Community Right-to-Know Hotline accessible through a toll free
number. We have beefed up the staff and expanded the hours of
availability compared with last year. But we still expect demand
to be somewhat overwhelming as July 1 approaches, so it pays to
begin looking at the reporting materials as soon as possible.
TRI Network
As we were preparing for the receipt of the first wave of
the section 313 data, we recognized that it was not possible to
predict the degree of public interest in or,reaction to the
information as it became available. However, as the reporting
deadline approached we became increasingly concerned that EPA and
its sister state agencies be able to respond in an intelligent
and reasonable manner to a potential flood of questions that
might come in - questions on how to gain access to the data and
how to use the information or interpret the reports that have
been made public. This is a unique problem in part because of
the multi-media nature of the 313 database. No one program or
area of expertise had adequate information to respond to the full
range of issues that could be raised by section 313 data.
Traditional program responsibilities both within EPA and the
State Agencies had been divided along media lines. At EPA, for
-------
example, there are separate programs for Air, Water, Hazardous
Waste, and so forth. In addition, EPA recognized that if the
ultimate objectives for public access to 313 data were to be met,
the basic level of response to public inquires had to be
developed at the state and ultimately the local level.
Therefore, EPA made the decision to put into place what is
known as the TRI network. The TRI network consists of contacts
at the federal, regional and state level who are designated to be
the recipients of questions concerning different aspects of the
Title III data. For example, a state may designate an overall
lead contact as well as a series of media specific contacts for
followup information. The underlying concept was that to the
degree possible the public would be directed to the' state network
for response to questions, with the EPA staff at the regions and
headquarters being available to provide backup information as
well as overall guidance and information materials.
The TRI network has been put in place in al'l states and EPA
regions. Over time additional names and relationships will be
built into the network. In addition, members of the network have
been provided with certain basic background materials produced by
EPA:
A brochure entitled "Toxic Chemical Releases and Your
Right to Know," containing general information on the
TRI and the state agencies responsible for receiving
section 313 reports;
Fact Sheets prepared by the State of New Jersey on 151
chemicals on the section 313 list;
A list of Questions and Answers pertaining to the TRI
data interpretation and access;
A summary of federal regulations pertaining to TRI
chemicals.
For this year we are enhancing these materials and providing
additional guidance. For example the Fact Sheets are being
expanded to cover the remaining 313 chemicals and supplements are
being developed to describe ecological effects associated with
these chemicals. The regulations database is being enhanced to
.include state regulations.
We have circulated in draft form a Risk Screening Guide
designed for use by state and local officials who wish to
interpret the 313 emissions reports. The idea of the Risk
Screening Guide is that the 313 data can be used for the purpose
of screening potential hazardous situations to identify those of
highest priority for a state or community to address in more
depth. Based on the evaluations of the draft guide we intend to
10
-------
revise it and make it available for wider dissemination by late
spring.
We are also exploring how other analysis and assessment
tools can be utilized in conjunction with the 313 data. But at
this stage we have not made any decision to go forward on our own
with linking modeling systems to the 313 data.
Public Use of the TRI Data
Of course, all of the work that we're putting into making
the database readily accessible to the public and providing a
response network of federal and state officials would not really
be very useful if in fact no one is interested in the 313 data.
Just how eager is the public for this information and how will
they use it? Up to now the results have been mixed. Certainly
we have not seen the kind of wide-spread reaction to the initial
round of reporting that perhaps some people may have anticipated
or feared. On the other hand, we have seen a number of instances
where the 313 data have been used and publicized quite
effectively, for example:
*
In Silicon Valley the Silicon Valley Toxic Coalition
used the 313 data to identify the "dirty dozen" toxic
chemical releasers. Extensive local press coverage
resulted from this report as well as from some of the
companies' attempts to respond to the charges made by
the coalition.
The Natural Resources Defense Council did an extensive
analysis of Maryland air emissions reported under TRI,
identifying-the principal facilities as well as the
principal chemicals contributing to the air toxics
burden in that State. Again, significant press
coverage accompanied the release of NRDC report and
analysis.
The Massachusetts Public Interest Research Group
analyzed releases to air, land,and water in that state.
The press has also picked up on the TRI data, and articles
have appeared highlighting state or local emissions reports in
newspapers across the country, including major Pennsylvania,
Colorado, and Kentucky papers.
It's important to remember that this activity has occurred
without the aid of our computerized national database. Although
some states have gone ahead to computerize the data on their own,
for the most part the studies that have been done to date have
been the result of painstaking analysis of the hard copy forms.
Once the national database in on line, similar studies can be
conducted in minutes!
11
-------
Much to their credit, a number of companies have taken the
initiative in alerting their communities to the contents of their
reports and attempting to explain the significance of the
releases and what is being done about them. For example,
Monsanto, Dow, and Tennessee Eastman, among others, have used the
313 reports as an opportunity to discuss with their communities
the nature of their toxic chemical releases and what they were
doing to control their releases. Especially in the case of
Monsanto, this has resulted in considerable beneficial publicity
for the firm.
As yet it is still rather difficult to access and analyze
the 313 data, so these early instances of analysis, press
coverage, .and public awareness are probably just indicators of
what can be expected in the future. The evidence seems to be
that the interest in using the data is there on the part of
public interest groups, that media attention will be focused on
these issues as analyses are released, and that the result of
this attention does not necessarily have to be adverse for the
companies involved if they take a forthright position with
respect to communicating their side of the story to the public
and with respect to responsible management of toxic chemicals.
Certainly those companies that have in place programs for waste
minimization or waste reduction, and that have had the
opportunity themselves to analyze the significance of their
release reports are in much better shape than facilities who wait
for others to publicize their releases.
EPA Use of the Data
Unlike some of the other parts of Title III, Congress
envisioned that EPA itself would be a significant user of the
section 313 data. We are extremely anxious to begin working with
the data and the data manipulation programs that are being built
into our database systems. EPA has established an agency-wide
task force to identify potential uses of the data and to help
encourage program offices to build the data into their ongoing
activities. At this point, all of the Agency's main program
offices have identified ways in which the TRI data will be used
within their current program and priority setting processes. For
example, the Air Program is building review of the TRI data into
their assessment process for identifying potential candidates for
regulation under the hazardous air pollutant program. The Office
of Solid Waste is planning to look at the Toxic Release Inventory
data as a potential source of information for identifying waste
streams that may need to be classified as hazardous for
regulation under RCRA. The Water Program is seeking to use the
Title III data to indicate cases where pollutants need to be
added to effluent permits under the NPDES system or where
additional water quality criteria may have to be established.
12
-------
These efforts are, of course, dependant on achieving an
adequate overall coverage and quality to.the data and we will be
proceeding over the next year to evaluate the success of these
uses.
Cone lusion
As I stated at the outset, section 313 of Title III is a
unique experiment in environmental data collection and public
access. There is no question that it is costing significant
resources, both by EPA and the affected industries, to implement
this experiment. Thus far, I believe that implementation is going
reasonably well, although not without some problems. But the
critical period for the experiment is still ahead of us. Can we
upgrade the coverage and quality of the reports? Will our data
systems meet the objectives for easy access and use? Will people
use the data, and if so, how effectively? Will use-of the data
lead to better environmental management decisions at the local,
state, and federal level and by individual facilities? We have a
lot of work to do before these questions can be answered.
13
-------
EPA'S IMPLEMENTATION OF SECTION 313 of SARA TITLE III
Michael Shapiro, Director
Economics and Technology Division
Office of Toxic Substances
U. s. Environmental Protection Agency
INTRODUCTION
The Toxic Release Inventory (TRI) mandated by section
313 of Title III is a unique part of Title III in a number
of respects:
o It is the only reporting requirement for which EPA
has a primary data receipt responsibility;
o It is the only part of Title III that focuses
attention on releases from routine operations in
addition to accidental or episodic releases;
o It is the only part of Title III that addresses
environmental effects in addition to human health
as a primary concern;
o It is the only part of Title III where Congress has
specified that the public have access to the data
through a computerized, national database.
Under the mandate of section 313 by July of this year up
to 30,000 facilities will begin an annual process of
reporting on their releases of specific toxic chemicals.
Since each report is chemical specific, this process win
yield up to 300,000 reports annually. The resulting database
will be the first multi-media, chemical specific database
covering releases of toxic materials in a consistent manner
over time. As such it will serve not only the community
right-to-know objectives of Title III, but also the broader
planning and priority setting activities of states and EPA,
and the needs of hosts of researchers, interest groups and
policy makers. Before this potential can be realized,
however, a number of things have to happen:
-------
o EPA had to publish regulations and forms that
convert the statutory language into meaningful,
and, we hope, understandable forms and
instructions;
o Facilities subject to the reporting requirements
have to submit reports in a timely and responsible
manner;
»
o EPA has to load the data onto a computer system,
develop the necessary software to manipulate the
information, and provide mechanisms for public
access;
o Potential users have to understand what can and
cannot be done with the information.
This paper describes a number of activities that EPA has
underway or has completed to accomplish these objectives.
REPORTING REGULATIONS
The final forms and instructions for section 313
reporting were published on February 16, after an extensive
regulatory development process. We had hoped to get these
materials out a month earlier, but a number of issues arose
relatively late in the process that ultimately resulted in
delaying the final rule for the additional time. I frankly
believe that the delay was worth it in the sense that the
final regulations are much better as a result of taking the
time to resolve these issues. The specific reporting
requirements are described in another presentation for this
seminar, so there is no need for us to repeat them here.
However, I would like to point out a few of the areas where
significant issues had to be resolved, and why EPA made the
choices it did.
MIXTURE REPORTING
The threshold and release determinations for TRI
reporting require facilities to consider not only pure '
chemicals, but also mixtures which contain the listed
chemicals. This creates a number of problems, because
chemical processors and users may not know whether these
chemicals are present in the products they use. However, if
chemicals present in mixtures are not subject to reporting
because of lack of user knowledge, we believe that the
usefulness of the data base would be severely undermined. In
order to facilitate reporting on mixtures we therefore
adopted a couple of measures to assure reporting of mixture
components that could lead to significant releases:
o We adopted the OSHA de minimis cutoffs of 1 percent
or 0.1 percent for carcinogens as cutoffs below
-------
which threshold and release calculations are not
necessary.
o We are requiring suppliers to notify their
customers if section 313 chemicals are present in
their products and the percentage composition,
beginning with the first shipment in 1989. Prior to
that year, facilities need only report on
information that they have readily available, for
example, on Material Safety Data Sheets and product
literature.
We believe that taken together these provisions win
assure that we ultimately receive the necessary information
on mixtures, while at the same time reducing the need to
make determinations where there is little potential for
release. Moreover, by adopting the OSHA de minimis cutoffs
and requiring that the supplier notification be attached to
or included in the MSDS we hope to build on an existing
framework for chemical hazard communication.
EXEMPTIONS
The term "otherwise use" applied to threshold
determinations created a potential nightmare, since it
conceptually could have covered a host of incidental
activities that would be difficult to account for and of
negligible importance from the perspective of enumerating
emissions. To focus the reporting effort, we limited the
application of "otherwise use" by introducing a number of
exemptions including:
o certain laboratory uses;
o certain maintenance uses;
o use as part of the facility structure;
o maintenance of motor vehicles;
o personal use by employees;
o use as part of an article.
A word of caution is in order here, however. Although
our intent in introducing these exemptions was to simplify
and focus the reporting effort, some of the interpretations
involved in specific cases can be quite tricky. If you think
you may be eligible for one or more of these exemptions, I
encourage you to read our explanations, definitions and
question and answer material carefully.
-------
FACILITY IDENTIFICATION
Although the TRI database will be a rich source of
information, full realization of its analytic potential can
only occur if we can relate the TRI data to other sources of
information available to the EPA and states. The primary
mechanism for accomplishing this linkage is through the
facility identification. Consequently, we have incorporated
a number of different identifiers in the TRI form to enable
linkages to be made in a variety of different ways. These
include the Dun and Bradstreet Number, RCRA ID Number,
certain permit numbers, and even the longitude and latitude
to enable linkage with geographic data bases and modelling
systems.
LEVEL OF DETAIL IN RELEASE INFORMATION
Comments on our rulemaking ranged from those who would
have wanted very detailed release data, including specific
information for each wastestream or specific emission
source, to those who believed that only a single number for
each of the three media; air, land, and water, was called
for by the act. Our interpretation tended to be more in
keeping with the latter, although we did ask for a little
more detail, for example separating point and non-point air
sources, and stormwater releases where available. We that
this was in keeping with the statutory intent, while at the
same time yielding some useful detail. We are also requiring
only annual totals be reported,although we will be
considering an amendment in the near future to add some
information on the frequency, duration and/or size variation
of releases. People have argued that such data are essential
for assessing effects that are dependent on short term peaks
rather than long term cumulative exposures.
FACILITY OUTREACH
Clearly the TRI database will not be useful unless we
obtain a high level of compliance by the affected
facilities. Frankly the compliance experience under the
other parts of Title III appears to be somewhat
disappointing, based on what we have heard from states. For
TRI we have the advantage of a little more lead time as well
as a soaewhat more focused covered population. Nevertheless
we recognize that we have a major challenge ahead of us. To
meet this challenge we have been implementing an extensive
outreach program aimed at alerting facilities to their
reporting obligations and providing them with the tools they
need to report properly.
o We have been working with manufacturing trade
associations to get the word out through workshops
and special mailings.
-------
o We produced a brochure on section 313 reporting
designed to alert company managers and staff to
their obligations under 313. For most facilities,
this brochure should tell them enough to determine
whether they are likely to have to report and where
to go to get more information. We just distributed
225,000 of these brochures through direct mailing
to all manufacturing facilities that we could
identify with 10 or more employees.
o We have produced a series of aids to reporting,
including:
expanded instructions and examples for the
form;
a detailed technical guidance manual for
estimating releases;
a series of mini-guidance documents with
examples and suggestions specific to
particular industry segments; fifteen have
been published to date;
a synonyms list for the 313 chemicals;
an extensive question and answer document
targeted to facilities;
o We have developed a training course for filling out
the TRI form. The course has been piloted with EPA
staff and is being offered in eight regions over
the next month and a half. It is also available for
adaptation by companies or industry groups.
o We have staffed a toll free hotline with
capabilities for responding to both general
questions and fairly technical questions.
o Each of our regions has supplemented its staff with
experienced retired chemical engineers and chemists
to assist in the outreach to facilities.
QUALITY ASSURANCE
Despite these efforts, it's obvious that there will be
initial problems in reporting. Past experience suggests that
the error rates in initial reporting will be fairly high.
This has been borne out by the reports, about 200, that we
have received to date. Almost all contain some errors,
although the degree of seriousness varies considerably. Our
data entry programs are being designed to identify the more
obvious errors, and we will be getting back to companies to
ask for corrections.
A much more serious potential problem is that of non-
reporters. This will receive our highest enforcement
priority in the first phases of TRI implementation because a
-------
high response rate is crucial to the credibility of the
database. Obviously we will not have unlimited resources to
pursue non-compliers. However, we do have some resources and
we're working on putting together a targeted enforcement
strategy that focuses on those facilities that are most
likely to have reporting obligations based on the nature of
their activities.
Finally, we are considering a number of approaches to
checking on the quality of the reports that we are getting,
beyond the obvious errors discussed previously. We are
presently developing algorithms for identifying questionable
reports for further checking. We are also planning to
conduct in depth audits of the background documentation
supporting the reports for a limited number of facilities.
These activities will provide a check on the quality of the
reporting as well as feedback to us on areas where our
instructions or guidance materials need improvement.
I should also point out that EPA is not the only agency
that has a stake in the quality of the data, or the ability
to control the quality. Many states will be active users of
the TRI data. In many respects they are much better situated
than EPA to assess the quality of the reports. We are
therefore considering sponsoring one or more pilot studies
to assess how states might contribute to the TRI quality
assurance effort.
MAKING THE DATA AVAILABLE
According to the statute EPA must make the data
available to the public through computerized
telecommunications and "other means.* EPA has established a
facility for receipt of the TRI reports and entering them
into EPA's computer system. Software for the database is
currently being developed and should be available shortly.
Given the large number of reports anticipated, and the fact
that most of them will come in around June 30, we don't
expect to have all the data loaded into EPA's computer by
July 2. In fact we anticipate that it may be the beginning
of 1989 before the first year's reports will be accessible
for analysis on EPA's computers. From here our plan is to
generate a tape which would be provided to a vendor who
would make the database available to the public through an
online service.
We have tentatively selected the National Library of
Medicine as the vendor for this service and have begun to
negotiate arrangements with them. NLM was selected in part
because they already provide a number of chemical
information data bases that contain information that will
complement the TRI data. They also have a good user base and
training program and a very reasonable fee structure, if
-------
arrangements work as planned, the public data base win be
available online by the spring of 1989.
However, people do not necessarily have to wait until
spring to ask for the information. The public can ask for
access to the hard copies of the reports after July 1 from
EPA or their state agencies. We are currently in the process
of planning how to arrange this access without disrupting
our primary data entry activities. States must also consider
this question, since they win be receiving the TRI reports
the same time we will, and have the same obligation to make
the information available to the public.
Even when the database is available online, however, we
recognize that there will be continued demand for access to
the data by other means, including versions of the database
on magnetic or optical media, as well as standard reports
summarizing the data. We are still in the process of working
out our comprehensive distribution strategy, but certainly
we will be including a number of these alternative modes of
access to the information.
USE OF THE DATA
Although legally EPA will have satisfied its obligations
when the database goes online for public access, in reality
we can't ignore what will happen when this access begins. In
order to make effective use of the information, state and
local officials, as well as citizens and environmental
groups will have to understand how the information can be
used and interpreted. They will need to understand what can
and cannot be done with the crude release information in the
TRI database and how this information translates into
potential risk considerations. They will need to understand
the toxicity of the TRI chemicals and how to address
concerns over the possible risks associated with these
releases. EPA will be working with states to help develop an
infrastructure that will be capable of utilizing the TRI
database effectively and responding to public concerns about
releases in their communities. Among the projects being
initiated by the agency are:
o Development of profiles describing the properties
of the TRI chemicals. In the short run we will be
distributing fact sheets developed by New Jersey
for 170 of the TRI chemicals and supplementing this
with additional information available for chemicals
for which no fact sheets have been developed.
o Development of questions and answer guides for use
by state and local officials in responding to
public inquiries.
o Preparation of a fact sheet that explains the basic
-------
characteristics of the TRI data to the general
public.
o Development of a risk screening guidance document
to help state and local officials understand the
use of the TRI database for risk identification and
priority setting activities and to suggest further
sources of information.
With the exception of the last item, these products are
being targeted for availability to the appropriate audiences
in July, to meet the need to respond to early public
inquiries. Looking beyond these early products, there are a
number of other projects under consideration for improving
the capabilities of state and local agencies for dealing
with issues raised by the availability of the TRI data.
These include more comprehensive EPA authored chemical
profiles and computerized tools for use with the release
data. Implementation of these projects will, of course,
depend on the perceived demand as well as our resources.
I should emphasize that these data use activities are
aimed at building the capabilities of state and local
agencies for interacting with the public and addressing risk
issues raised by the data. For the most part we believe that
EPA's role will be to provide technical backup, support and
guidance to the states, not to be the primary interface for
dealing with local concerns.
EPA USE OF THE TRI DATA
Even while we are planning to accommodate the public's
right to access the data and use it effectively, EPA is also
beginning to assess How the TRI database will fit into its
own programs. Although the Office of Toxic Substances is
implementing the database for EPA, in many respects the
chief users within the agency are most likely to be our
traditional media program offices; air, water, solid and
hazardous waste. Over the past several months an agency wide
Task Force has begun the job of educating the various
offices across the agency about TRI and developing a
coordinated strategy for use of the data. All of the media
programs have drafted preliminary plans for incorporating
the TRI data into their programs for priority setting and
identification of significant problems for further, detailed
investigation.
CONCLUSIONS
The TRI database can become a uniquely valuable resource
for understanding the pathways by which toxic chemicals
enter our environment, for setting priorities for detailed
assessment activities, and for facilitating a productive
dialogue among government officials, companies, and citizens
-------
v,. level- The job of realizing this
has just begun.
-------
A-5
-------
TITLE III—SECTION 313—PRIORITIES AND INITIATIVES
Susan F. Vogt
'Office of Toxic Substances
, Environmental Protection Agency
From EPA's .point of view, the Emergency Planning and
Community Right-to-Know•Act presents..both-great
opportunities and great challenges. Its-promise lies in
the wealth of new data that will be available on levels
and .sources of hazardous substancestin the environment.
Its challenge lies in assuring high'"quality data,
incorporating it into^existing knowledge, and using it
responsibly..
As the program matures and the data become more and
more reliable, information called for by the new law could
become the "front end" of the Agency's toxic substances
and other regulatory programs.
For industry, this new law signifies a new era. All
but very limited secret information is now to be available
to the public. For EPA, the goal is to obtain accurate
data from the full range of companies affected by this
law.
I understand that you as facility managers required
to report under Title III, specifically Section 313, have
some interest in the efforts that are both in the works at
EPA and projects that are being planned. I'd like to
share some of these with you today.
-------
One of the most important tasks for the Office of
Toxic Substances (OTS) in the early days of the Emergency
Planning and Community Right-to-Know Act has been to both
infoifm the regulated community of the need to report under
Section 313 of the Act, and to develop a standardized form
for use by industry in reporting on chemical•emissions
into the environment. These two priorities have involved
the development of a variety of tools and guidance
documents to assist managers like yourselves in complying
with the law. Let me tell you about some of the tools that
are available and how you can go about getting copies of
them.
You may already be familiar with some of the guidance
documents that we have.developed to assist you in filling
out the Section 313 reporting 'form.1 These include the
brochure describing' who should report under the law, and
an instruction document for use in actually filling out
the form. ' In addition, since many of you may have never
before calculated releases of chemicals into the air,
land, and water we have developed comprehensive technical
guidance documents to assist .you in.doing just that.
There are actually 17 industry- specific documents
available.. We have also developed an instruction manual
for use by industry in training plant personnel on how to
estimate releases.
". .•.»*'"
Several other documents are available including a
breakdown of Title III chemicals and their reporting
requirements, and -a document of synonyms and CAS numbers
for "the Section 313 chemicals. All'"of these documents are
available through the;Emergency Planning and Community
Right-to-Know Hot line'"developed to assist in answering
questions and providing copies of guidance documents to
callers. The Hotline number is 1-800-535-0202.
As you-can see, we have developed numerous tools to
provide as much compliance assistance as possible to
facility managers like yourselves in reporting chemical
emissions into the environment under Section 313 of this
law.
EPA management and staff involved in Title III,
Section 313 activities understand that the completeness of
the data base will be directly related to the level of
industry compliance. We expect that the overall quality
of the Section 313 data will improve over time, as
facility personnel become more familiar with estimating
emissions. If the number of facilities reporting is lower
than it should be, then confidence in the true picture the
data present will also be low. Therefore, OTS intends to
focus efforts on industry compliance with the reporting
requirement, and I encourage you to do the same.
-------
OTS compliance monitoring activities in 1988 will
focus primarily on finding non-reporters. EPA staff in
headquarters and the regions are working to identify the
potentially regulated facilities under this-law through
readily available mechanisms. States are also interested
in assisting EPA with identifying non-reporters.
Because of the weight OTS places on compliance with
Section 313, OTS has put a significant amount of resources
and staff time into producing and distributing compliance
materials as well as giving technical assistance to
facilities in filling out the form. For example EPA has
staff in every one of the 10 EPA Regional offices
available to help facilities now.. This assistance has
included direct mailings of the brochure mentioned earlier
to over 300,000 facilities in the covered SIC codes,
providing information briefings and training sessions, and
taking every opportunity to write articles and speak at
appropriate meetings. We will.be continuing these
activities to some degree over the next several years
because the statutory thresho.lds change, the chemical list
may change, and the universe of potentially covered
facilities .is so large that we cannot expect to raise the
consciousness of the manufacturing sector of the economy
in just one year.
Once OTS receives all of .this "data, ;.you may be
wondering what we- are planning to do with it. As most of
you know by now, jvEPA is required by law to make the
Section 313 data available on.a computer database that
will be available to.the public. This is known as the
Toxic Release Inventory (TRI) Database. One of the
questions that we are asked by potential users of the TRI
is "Will the data ba any good?" That is certainly a
legitimate question especially considering the expected
number of reports "(over 300,000 per year) and resource-
intensive effort that data quality control implies.
The Office of Toxic Substances will hold companies
responsible for providing accurate and complete
information. The Agency will also be proactive in
assuring that the data are of high quality. Therefore, we
are initiating several activities in the data quality
assurance area. But, before I get into these, let me tell
you what we are seeing in the over 300 forms that we have
already received
1) submitters have used the Proposed Form for
reporting instead of the Final Form. The
information content is different in these two
forms and only the Final will be accepted by
EPA.
-------
2) The Rule requires in some places that the
Submitter report "Not Applicable" in some places
!~ instead of leaving blanks. The purpose is so
that it is clear that the question is answered.
3) Submitters are using non-Section 313 names. EPA
has provided a list of standard chemical names
and CAS numbers to be used in filling in the
forms.
4) Submitters are sending the photocopied forms to
EPA without original signatures. EPA requires
original signatures on all forms.
5) Many submitters are sending cover letters with
additional information. If this information is
required on the form, it must be submitted on
the form. If this is not information that EPA
requires, the letters will be disregarded.
The reason for EPA's lack of ability to "second
guess" minor errors or to account for additional
information relates to the sheer expense of doing so on
potentially .300,000 forms as well as the congressional
expectation that companies, not EPA, be. held responsible
for providing all the information accurately 'and that EPA
be responsible for mirroring in a consistent manner the
information which- is provided. EPA will, however, provide
basic data quality 'activities.
One of the first ..quality assurance activities that is
underway involves basic edit checking. The TRI database
is being designed to contain a program that will
automatically identify errors in a submission as a
first-line defense against poor data quality. Most errors
involve missing data, ambiguities regarding whether there
should be additional data, or wrong data that is apparent
through checking existing tables of values such as
appropriate SIC codes or Chemical Abstract Service (CAS)
numbers -for listed chemicals, incorrect Dun and Bradstreet
numbers, or zip codes not corresponding with the State.
After the submission is uploaded to the mainframe
computer, the edit program will identify all errors and
flag those records. The next step will be automatic
generation of notices of non-compliance to the facility.
Facilities receiving a notice of non-compliance are
required to send a corrected form to both EPA and the
State. OTS is considering a pilot data quality project in
which a State would follow-up on incorrect and technically
suspect submissions.
-------
In addition to the state pilot project, OTS is
planning on carrying out technical data audits. A
submission may pass the basic edit checks and still
conta'in inaccurate or wrong technical information.
Therefore, in addition to the basic edit checks, OTS will
include a check for suspicious technical data. For
example, a facility reports that they use a volatile
organic chemical but report zero releases to air. The
check program will flag this record for investigation.
These flags do not necessarily represent a violation so a
notice of non-compliance will not be generated, instead, a
report will be produced that can be used for targeting
selected technical audits. OTS plans to use headquarters
and regional personnel to conduct a selected number of
such a.udits during the .months of July through September of
the first reporting, year. These-'-'iaudits should assist OTS
staff in identifying possible improvements to the
instruction and technical guidance documents.
You have heard me refer to the TRI computer database,
let me tell you a little about some of the- efforts
underway. The computer design has been approved and the
actual coding of the computer program is., in process. The
system is designed so that a. user will be able to search
.the records .using various options including such things as
chemical name, SIC code, facility name,.geographical
location (state, zip code, etc.) and.others that may be
added later.
In an attempt to-make reporting .easier for facilities
OTS will .accept submission on either" a floppy disk or on
magnetic tape. We have developed a guidance package
describing how to provide the information in this manner.
This guidance package has been reviewed by both the
Chemical Manufacturers Association (CMA) and the Synthetic
Organic Chemical Manufacturers Association (SOCMA). In
addition, Monsanto and Dupont have been involved in a
pilot project with EPA to test the guidance material. The
results of this recently completed pilot project were very
positive. The companies raised several technical
questions and provided OTS with some very useful
suggestions on ways to improve the guidance documents.
In addition to this project, in late 1988 OTS staff
will begin working on developing an automated reporting
form to be available on floppy disk for reporting on 1988
releases. We plan to initiate a pilot project in 1989
using the automated form.
Several other projects that OTS is working on that
involve the actual reporting of the data include an
amendment to add peak release information on the form for
the reporting of 1988 releases. We plan to evaluate the
-------
initial list of Section 313 chemicals and the SIC codes to
determine the possibility of adding or deleting chemicals
before the 1988 release information is reported.
As you know, the purpose behind the information
gathering provisions of the Emergency Planning 'and
Community Right-to-Know Act is to provide information to
the general public. Keeping this in mind, OTS has
accepted the responsibility for developing some
interpretive tools to assist users in understanding what
the data is and possible uses. In other words, we are
developing some "risk screening" tools for use by the
general public, local and state governments.
In addition to the raw data that will.be available on
chemical releases through the TRI-database, chemical fact
sheets will also-be"available. These fact sheets will
include information such as potential health effects
resulting from exposure to the chemical, workplace
controls and protective equipment, generic questions and
answers on toxicology topics, and ecological hazards
associated with the chemical.. For 1988, and probably
1989, EPA will use the fact sheets already developed by
New Jersey .with additional information added, if necessary
by EPA. In .future years,- EPA' may develop a different fact
sheet format. . . .
In addition to the fact sheets, OTS is developing a
Risk Screening.Guidance Document. This document is
intended to assist-regional, state, and local officials in
responding .to public queries concerning the potential
health and environmental impacts of routine emissions of
the Section 313 chemicals into the air, water, and land.
OTS staff are working closely with State and local
governments,- representatives from the State Emergency
Response Commissions, and the Local Emergency Planning
Committees. We are providing information describing the
TRI database, possible uses of, and limitations of the
Section 313 data. We are also collecting a master list of
state contact' who may be called upon to answer questions.
or take actions. In all of our communications we are
making every effort to assist states and localities in
responding to citizens inquiry on the Section 313 data in
a manner that.encourages citizens to use these data as a
springboard to collect additional data and not as the sole
cause of action or alarm.
A series of meetings between EPA and State officials
is ongoing and will continue over the next year. A
variety of Title III topics will be covered including data
management, enforcement, risk communication, training, and
others.
-------
I would like to emphasize the importance of positive
relationships between the Federal government, state and
local"government, and industry in fulfilling the intent of
the Emergency Planning and Community-Right-to-Know Act.
Facility managers can go a long way in building positive
relationships with concerned citizens by being available
to answer questions on issues that may be raised due to
the amount of new toxic information that will be available
as a result of Title III. I encourage you to work with
your industry associations, I understand that CMA has put
together a manual to assist its membership in preparing
for inquiries that may come about as a result of Title III
chemical awareness.
I would like to close with a" restatement of EPA's
commitment to.this data base and to carrying out
Congressional intent regarding community right-to-know.
We have and will continue to put money and time into
facilities to report accurate and complete data and into
designing a user-friendly data base so that those data can
be used. In addition to the -States, local governments,
and the public, we at EPA intend to use these data in
setting priorities for additional -information gathering.
If we all work together, 'the information in the Toxic
Release Inventory will provide the first step in assuring
that EPA's regulatory priorities are.-consistent with real
world exposures; that we .don't- waste our time and yours
chasing hypothetical hazards. I'm sure that is a goal we
all share. .:. •" ' .
-------
TAB B
-------
B-l
-------
Title III, Section 313
Suggested Talking Points for Solvents Workshops
February - March, 1988
Introduction
0 In October 1986, the Emergency Planning and Community Right-
to-Know Act of 1986 was passed. Popularly known as "Title III,"
this new law establishes requirements for Federal, State, and
local governments and industry regarding emergency planning and
'community right-to-know1 reporting on hazardous and toxic
chemicals .
0 From EPA's point of view, the Emergency Planning and Community
Right-to-Know Act presents both great opportunities and great
challenges. Its promise lies in the wealth of new data on levels
and sources of hazardous substances in the environment that the
law eventually will provide.
0 As the program matures and the data become more and more
reliable, information from the new law could become the "front
end" of the Agency's toxic substances and other regulatory
programs.
Overview of Title III
0 There are four major planning and reporting requirements for
industry under this law; each with a different deadline for compliance.
Briefly summarized, they are:
— All facilities that have specified quantities of chemicals
designated under Title III as "extremely hazardous substances"
on the premises must cooperate with state and local planning
officials in preparing comprehensive emergency plans.
This provision is under Sections 302 and 303 of the law.
— Facilities that produce, use or store specified hazardous
substances must report accidental releases of those sub-
stances, as well as hazardous substances identified by
Superfund, above certain quantities to state and local
response officials. This is Section 304.
— All facilities that are required to prepare Material Safety
Data Sheets (MSDSs) on hazardous chemicals used, processed
or stored onsite in certain quantities, must submit copies
of the MSDSs or a list of chemicals for which MSDSs are
available, to state and local authorities. They must also
report to local and state officials (including fire depart-
ments)on inventories (including locations) of chemicals on
their premises for which MSDSs exist. This is Sections 311
and 312.
-------
-2-
— Owners and operators of certain facilities that
manufacture, process, or otherwise use one of the
329 listed chemicals must report annually their
releases of such chemicals to any environmental
medium. This is Section 313, known as the Toxic
Chemical Release Inventory, and will be the focus
of my presentation today.
0 Facilities handling solvents are likely to be subject to all
of the reporting requirements I just discussed, 302, 304, 311
and 312. In section 313 alone, approximately one-third of the
328 listed chemicals and chemical compounds, in one sense or
another, are solvents.
0 Because we can offer you only a summary discussion here today
of what is a very complex act, if you take nothing else away from
this presentation, take the number of our toll-free information
hotline — 800-535-0202. You can get answers to your questions,
either by working with our information specialists or by obtaining
the fact sheets, brochures and other technical guidance materials.
Section 313 (move to slide presentation — we suggest the listed
17 slides)
0 The following slides will give you an overview of section 313.
1. Section 313 — Toxic Chemical Release Reporting
2. What is the toxic chemical release inventory?
— It is the annual reporting of releases to air, water,
land, and transferred to off-site facilities,
— by industrial facilities,
— and is reported to EPA and States.
3. Who must report?
— Owners and operators of facilities in Standard
Industrial Classification Codes 20-39,
— that have 10 or more full-time employees,
— and that exceed manufacture, process or use thresholds
of the 308 chemicals and 20 chemical categories that
currently make up the section 313 chemical list.
This list, by the way, is the combined Maryland and
New Jersey toxic chemical lists. Of the 308 chemicals,
153 are listed hazardous wastes, 205 are CERCLA RQ
chemicals, and 75 are water priority pollutants.
A complete list of the chemicals and a copy of the
reporting form and instructions was published in the
February 16 Federal Register.
-------
-3-
4. Thresholds that trigger reporting.
— For any listed chemical/ any facility that manufactured,
imported, or processed more than 75,000 pounds per year
in 1987 must report by July 1, 1988. That figure drops
to 50,000 pounds per year in 1988, and 25,000 pounds per
year in 1989 and thereafter.
— If the facility "otherwise used" more than 10,000
pounds per year in 1987 it must also report. That figure
does not change — it remains at 10,000 pounds per year
for subsequent years. Now let me tell you what we mean by
some of these terms.
5. Manufacture.
— Manufacture means to produce, prepare, import or
compound one of the chemicals on the list, either
directly or as a byproduct or an impurity. We'll
get to de minimis in just a minute.
6. Process
— In general, process includes making mixtures,
repackaging, or using a chemical as a feedstock,
raw material, or starting material for making another
chemical. Processing also includes incorporating
a chemical into an article.
7. Otherwise use
— Applies to any use of a toxic chemical at a covered
facility that is not covered by the terms "manufacture"
or "process" and includes use of a toxic chemical
contained in a mixture or trade name product. The
slide gives you some examples.
8. Exemptions
— There have been alot of questions about the "otherwise
use" category, so here are some exemptions: Something
that is part of the facility structure; routine
janitorial and facility maintenance chemicals; personal
use items; motor vehicle maintenance; and chemicals
used in process water and non-contact cooling water.
There is also an exemption for laboratories and for
articles. Both of these are more fully defined in the
final rule and information materials which you can
obtain from the hotline.
9. De minimis mixture reporting
— In determining whether the amount of a toxic chemical
used at your facility exceeds the reporting threshold,
-------
-4-
you are not required to count the amount of chemical
present in a mixture if its concentration is less than
1 percent of the mixture, or its concentration is less
than 0.1 percent of any mixture when the chemical is
defined by OSHA as carcinogenic.
10. Trade secret provisions
— You can claim only the chemical identity as a trade
secret, and you most provide a generic name in its
place. You will also have to substantiate the claim,
and provide both sanitized and unsanitized versions of
the form. The trade secret data will be kept separately.
Beginning in 1989, section 313 will require
suppliers of mixtures and trade name products to
notify customers of the presence of section 313 listed
chemicals in their products beyond those de minimis
concentrations, and there are trade secret provisions
for that as well.
Now lets look at what and how you report.
11. Reporting of releases.
— You must report the total quantity of the chemical
released during the year, including both accidental
spills and routine emissions. Separate estimates
must be provided for releases to air, water, and land
(for example, deep well injection and permitted
landfill).
— All releases of a subject chemical must be reported,
including those covered by permits. The release
number reported for point air emissions, for example,
could include permitted stacks, nonpermitted stacks,
and an "accident" through a reactor vent.
— You must identify off-site locations to which you
shipped wastes containing the chemical and the
quantities of that chemical sent to those locations,
as well as the treatment or disposal methods used
for wastes containing the chemical and estimates of
their efficiency for each chemical.
— You must provide the basis for your estimate,
and for releases less than 1,000 pounds, you are
allowed to report within ranges of 1-499 pounds
and 500 to 999 pounds.
-------
-5-
12. Reporting form.
— The five-page reporting form has four major parts:
facility identification, off-site locations, the
chemical report, and supplemental information. In
the interest of time, I'm going to show you the form
fairly quickly.
13-17. Pages of the reporting form.
— You can see that the form calls for facility-specific
information, chemical specific information, a profile
of the releases, and treatment. There is an optional
section on waste minimization, and we hope you'll
cooperate by filling that out as well.
0 We have prepared a brochure specifically to help you with
section 313 reporting, and I think a copy of that was included
in your information package. A more detailed version of that
brochure is at the printers now and will be available soon.
0 Remember, these are annual reports, and must be submitted on
or before July 1 for activities during the previous calendar
year.
0 In other words, the first reports are due on or before July 1,
1988 for 1987 releases and must be filed with EPA and with your
state. So if you think you may be covered, it is important to
begin now. The law does provide for significant penalties for
firms that do not file.
0 You are not required to measure or monitor releases for purposes
of Section 313 reporting. The statute states "reasonable
estimates" of releases. The rule requires reporting to no greater
than 2 significant digits, and of course there's the range reporting
for under 1,000 pounds.
0 In general:
— consider all sources of release;
— choose the "best" approach based on the data/information you
have on hand;
— use approaches laid out in our guidance materials; and
— document your calculations.
0 To help you, we've prepared a main guidance manual that covers
the basic approaches a facility can use to estimate releases:
calculations based on monitoring data; mass balance; emission
factors; and engineering calculations. It includes examples and
references to additional data.
-------
-6-
0 We've also developed mini guidance documents that are aimed at
specific industries. Of particular interest may be "Spray
Application of Organic Coatings," "Application of Coatings by
Roller, Knife," and "Printing." These documents show calculations
specific to the type of release problems encountered in an
industry using, for example, spray coatings.
0 You've heard alot of detail about Section 313, but I think
its important for you to know what is included, because the last
part of my presentation focuses on public access to all of that
information.
0 EPA is required by law to make the data in the reports available
to the public through a computer database "and other means."
As the public becomes more aware of the toxic chemical infor-
mation made available under all the provisions of the Emergency
Planning and Community Right-to-Know Act, people may arrive at
unfounded conclusions concerning the potential threat to the
public.
0 In some instances, public concern over the new reports could
be entirely justified; toxic emissions into the air, water or
soil could endanger the health of citizens or the welfare of the
environment.
0 The key word, however, is could. The simple fact that hazard-
ous chemicals are used, stored or released in a community doesn't
necessarily mean that public health and environmental quality are
threatened.
0 EPA management believes that EPA, along with industry,
environmental groups, and state and local governments, has a
responsiblity to help the public understand the significance of
hazardous substances in the environment. We must do more than
simply collect and verify the information and make it available,
and EPA is developing a number of programs to help inform and
educate community leaders, the news media and citizens about the
relationship between hazardous substances in the environment
and human health.
Conclusion
0 Armed with the information required by the Emergency Planning
and Community Right-to-Know Law, including the emergency prepared-
ness plans required by sections 302/303, and bolstered by a better
public understanding of the significance of hazardous chemicals
in the environment, America's communities should be better
prepared than they have ever been in the past to make informed,
reasoned risk management decisions that will best reflect the
needs and values of their citizens.
-------
EMERGENCY PLANNING AND COMMUNITY
RIGHT-TO-KNOW ACT (TITLE III OF SARA)
Four Major Sections:
o §301-303 Emergency Planning
o §304 Emergency Notification
o §311-312 Community Right-to-Know Reporting Requirements
o §313 Toxic Chemical Release Inventory
-------
TOXIC RELEASE INVENTORY
SECTION 313 OF THE
EMERGENCY PUNNING AND
COMMUNITY RIGHT TO KNOW ACT
-------
WHAT IS THE TOXIC CHEMICAL RELEASE INVENTORY?
op
• Annual reporting of releases to:
o Air
o Water
o Land
o Off-site
• By industrial facilities
• Report to EPA and States
-------
WHO MUST REPORT?
Owners and operators of covered facilities
Covered facility:
o In SIC Codes 20-39
o 10 or more full-time employees
o Exceeds manufacture/process or use thresholds
-------
"IN SIC CODE 20-39"
Facility vs. establishment
Multi-establishment facilities covered if:
o All are 20-39
o 20-39 establishments greater than 50 percent
o One 20-39 establishment greater than any other
-------
OPTIONAL ESTABLISHMENT REPORTING
All establishments count toward thresholds, but
Establishments may report separately if
Total facility releases are accounted for
No reporting of chemical not at the establishment
-------
"FULL TIME EMPLOYEE"
Full time equivalent (2,000 hours)
20,000 hours or more per calendar year
For multi-establishment facilities - total of all
-------
REPORTING THRESHOLDS
For any listed chemical:
• The facility manufactured, imported, or processed more
than:
o 75,000 Ibs/yr in 1987
o 50,000 Ibs/yr in 1988
o 25,000 Ibs/yr in 1989 and thereafter
• The facility otherwise used more than:
o 10,000 Ibs/yr in 1987 and thereafter
-------
MANUFACTURE
Produce
Import
Manufacture coincidentally:
o As a byproduct
o As an impurity (subject to de minimis thresholds)
-------
PROCESS
Processing is an incorporative activity
o Converting chemical
o Change form or physical state
o Blending or mixing
o Inclusion in an article
o Repackaging
-------
OTHERWISE USE
Activities that support, promote, or contribute to the facility's
activities
Chemical does not become part of product:
o Catalysts/solvents/reaction terminators
o Lubricants/refrigerants
o Cleaners/degreasers/fuels
-------
TOXIC CHEMICALS COVERED
Combined Maryland and New Jersey toxic chemical lists
309 chemicals:
o 153 are listed hazardous wastes
o 205 are CERCLA RQ chemicals
o 75 are water priority pollutants
20 chemical categories
Additions and deletions resulting from petition process
-------
EXEMPTIONS
Part of facility structure
Routine janitorial and facility maintenance
Personal use items
Motor vehicle maintenance
Process water and non-contact cooling water
-------
LABORATORY EXEMPTION
Manufacture, process or use of a listed chemical in a laboratory
under supervision of technical personnel
Exceptions:
o Pilot plant operations
o Specialty chemical production
-------
ARTICLE EXEMPTION
Article is defined in the rule
Processing or use of an article is exempt from threshold and
release calculations unless releases of a toxic chemical occur.
-------
MIXTURES & TRADE NAME PRODUCTS
• For 87-88
•
• Must factor in if:
o Know 313 chemical
o Know composition
• "Know" » labeling, MSDS, other supplier disclosure, own analysis
• For 89 and beyond:
o Supplier notification should increase knowledge
o Mixture component reporting more likely
-------
DE MINIMIS MIXTURE REPORTING
Applies to respondent facilities and suppliers
Concentration thresholds of 1 percent (.1 percent if an OSHA
carcinogen)
r~
-------
SUPPLIER NOTIFICATION REQUIREMENT
Covers all suppliers of listed chemicals in mixtures and trade name
products
Suppliers must notify users of these products that may be subject
to Section 313 reporting requirements (not consumer products)
Suppliers of these products required to notify users
o Identity of 313 chemical (s)
o Percent composition (de minimis applies)
-------
SUPPLIER NOTIFICATION (Continued)
Requirements
If MSDS required for product, attach to or include on MSDS or:
o Notify by other means
o Phased-in for 1989 reports
-------
REPORTING FORM
• Four parts:
o Facility identification
o Off-site locations
o Chemical report
o Supplemental information
-------
Form Approved OMB No.: 2070-0093
(Important: Type or print; read instructions before completing form.)
Approval Fxplr AS- 01/91
Page 1 of S
U.S. Environmental Protection Agency _p. PnDM
SERA TOXIC CHEMICAL RELEASE INVENTORY REPORTING FORM 1?
D
Section 313, Title III of The Superfund Amendments and Reauthorization Act of 1986
PART 1. FACILITY IDENTIFICATION INFORMATION
l.
1 . 1 Does this report contain trade secret Information? 1-2 I* this a tar
[~~] Yes (Answer 1.2) | | No (Do not answer 1.2) | | Yes
(This space for EPA use only. )
Itlzed copy? 1 . 3 Reporting Year
D N.
2. CERTIFICATION (Read and sign after completing all sections.)
I hereby certify that I have reviewed the attached documents and that, to the best of my knowledge and belief, the submitted information is true
and complete and that the amounts and values in this report are accurate based on reasonable estimates using data available to the preparers
of this report.
Name and official title of owrwr /operator or Mnlor management official
Signature
3. FACILITY IDENTIFICATION
3-1
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
Facility or Establishment Name
Street Address
City County
State Zip Code
I III | -I I II
Technical Contact
Public Contact
a. SIC Code b. e.
Ill II II
Latitude Longitude
Deg. Mln. Sec. Oeg. Mln. Sec.
1 1 I 1 I 1 III 1 1
Dun & Bradstreet Number(s) b
1 1 - 1 1 1 1 - 1 1 1 1 1 - 1 1 1 1 - III
EPA Identification Number (RCRA I.D. No.) h
a.
1 1 1 1 1 1 1 1 II 1 1 1 1 1 1 1 1 1
NPOES Permit Number(s) b.
a.
1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1
Name of Receiving Stream(s) or Water Body(s)
a.
Date signed
This report contains Information tar: (cheek one)
a [~"j An entire covered facility.
b (~~| Part of a covered facility.
Telephone Number (Include area code)
( )
Telephone Number (Include area code)
( )
Where> to tend completed forms:
P.O. 80X70266
Washington, DC 20024-0266
|
-
b.
C.
Underground Injection Well Code (UtC) Identification No.
1 1 1 1 1 1 1 1 1 1 1 1
'ARENT COMPANY INFORMATION
4.1
4.2
Name of Parent Company
Parent Company' * Dun & Bradstreet No.
1 1 - 1 1 1 1 - 1 1 1 1
EPA Form 9350-1 (1-88)
-------
(Important: Type or print; read instructions before completing form.)
Page 2 of 5
EPA FORM R
PART II. OFF-SITE LOCATIONS TO WHICH TOXIC
CHEMICALS ARE TRANSFERRED IN WASTES
(Thl« space (or EPA us* only.)
1. PUBLICLY OWNED TREATMENT WORKS (POTW)
Facility Name
Street Address
City
State
County
Zip
I I I I l-l I I I
2. OTHER OFF-SITE LOCATIONS - Number these locations sequentially on this and any additional page of this form you use.
| I Other off-site location
EPA Identification Number (RCRA ID. No.) | | | | | | | | | | | |
Facility Name
Street Address
City
State
County
Zip
I I I I l-l I I I
'« location under control of reporting facility or parent company? I I I I
|__J Other off-site location
EPA Identification Number (RCHA ID. No.)
Yes No
I I I I I I I I 1 I I
Facility Name
Street Address
City
State
County
Zip
I I I I l-l I I I
Is location under control of reporting facility or parent company? I I I I
(I Other off-site location
Yes No
EPA Identification Number (RCRA O. No.) | | | | | | | | | | |
Facility Name
Street Address
City
State
County
Zip
I I I I l-l I I I
Is location under control of reporting facility or parent company? I I I I
Yes No
D
Check If additional pages of Part D are attached.
EPA Form 9350-1 (1-88)
-------
(Important: Type or print; read instructions before completing form.)
Page 3 of 5
(This space (or EPA use only. )
EPA FORM R
PART III. CHEMICAL SPECIFIC INFORMATION
1. CHEMICAL IDENTITY
1.1
1.2
1.3
1.4
2.
| | Trade Secret (Provide a generic name in 1.4 below. Attach substantiation form to this submission.)
CAS#
1 -| | | - 1 1 (Use leading zeros if CAS number does not fill space provided.)
Chemical or Chemical Category Nam*
Generic Chemical
Name (Complete only If 1 . 1 Is checked. )
MIXTURE COMPONENT IDENTITY (Do not complete this section if you have completed Section 1.)
Generic Chemical
Name Provided by Supplier (Limit the name to a maximum of 70 character* (e.g., number*, letter*, spaces, punctuation)).
3. ACTIVITIES AND USES OF THE CHEMICAL AT THE FACILITY (Cheek all that apply.)
3.1
3.2
\3
Manufacture:
Process:
a.Q Produce b. Q Import c.[] S^g^
d" D distribution «. 0 As a byproduct f . Q As an Impurity
a 1 1 Aa a reaetant h 1 1 As a formulation , 1 1 As an article
a. |_jAsareactant " 'I—I component c> LJ component
d. | | Repackaging only
Otherwise Used: a.Q processtag'akl b- D As a manufacturing aid c. [~| Ancillary or other use
4. MAXIMUM AMOUNT OF THE CHEMICAL ON SITE AT ANY TIME DURING THE CALENDAR YEAR
| (enter code)
5. RELEASES OF THE CHEMICAL TO THE ENVIRONMENT
You may report releases of less than
1 ,000 Ibs. by checking ranges under A.I .
5.1 Fugitive or non-point air emissions
5.2 Stack or point air emissions
5.3 Discharges to water 5.3.1 Q
(Enter letter code tram Part 1
Section 3. 10 for streams («).) r— 1
5.3.2 | |
5.3.3 Q]
5.4 Underground Injection •
5.5 Releases to land
c c 1 III (enter code)
5.5.2 [ I I (enter code)
5.5.3 I I I (enter code)
S.la
5.2a
5.3.1a
5.3.2a
5.3.3a
5.4a
5.5.1a
5.5.2a
5.5.3a
A. Total Release
(Ibs/yr)
A.1
Reporting Ranges
0 1-499 500-999
A.2
Enter
Estimate
B. Basis of
Estimate
(enter code)
5.ib n
5.2b n
5.3.1b Q
5.3.2b Q]
5.3.3b Q
5.4b n
s.s.ib n
5.5.2b Q
5.5.3b Q
C. % From Stormwater
5. 3. 1c
5.3.2C
5.3.30
[ [ (Check If additional Information Is provided on Part IV-Supplemental Information. )
EPA Form 9350-1 (1-88)
-------
EPA FORM Pi, Part III (Continued)
Page 4 of 5
6 TRANSFERS OF THE CHEMICAL IN WASTE TO OFF-SITE LOCATIONS
You may report transfers
of less than 1,000 Ibs. by checking
ranges under A.I.
6.1 Discharge to POTW
Other off-site location I 1
6.2 (Enter block number
from Part II, Section 2. ) ' 1
6.3 Other off-site location I 1
(Enter block number
from Part II, Section 2. ) ' '
6.4 Other off-site location | 1
(Enter block number 1 1
from Part II, Section 2. ) ' '
A. Total Transfers
(Ibs/yr)
A.1
Reporting Ranges
0 1-499 500-999
A. 2
Enter
Estimate
B. Basis of Estimate
(enter code)
6.1b I I
6.2b I — I
6.3b [H
6.4b Q
C. Type of Treatment/
Disposal (enter code)
6.2c
6.3c
6.4c
|
1 1 (Check If additional Information Is provided on Part IV-Supplemental Information)
7. WASTE TREATMENT METHODS AND EFFICIENCY
A. General
Wastestream
(enter code)
7.1a
7.2a | |
7.3a
7.4a | 1
,5a n
.6. Q
7.7a [~~|
7.8a | |
7.9a
7.10a [ |
MI. n
7.12a [ |
7.13a | |
7.14a
n
B. Treatment
Method
(enter code)
7.1b
7.2b
7
7
7
7
7
7
7
7
.3b
.4b
.5b
.6b
.7b
.8b
.9b
.10b
7.11b
7
7
7
.12b
.13b
.14b
-
C. Range of
Influent
Concentration
(enter code)
7.1c j [
7.2c | |
7.3c G
7.4c |
7.5c | ]
»•* n
7.7. ^|
7.8c | |
7.9c |
7.10c | |
7.11c | [
7.12c [ |
7.13c | |
7.14c I
D. Sequential
Treatment?
(check If
aoollcable)
7.1d
7.2d [ [
7.3d | |
7.4d | |
7.5d
7.6d
7.7d
7.8d | |
7.9d [~~]
7.10d | |
'••« n
7.12d
7.13d { |
7.14d | |
E . Treatment
Efficiency
Estimate
7.1e %
7.2e %
7.3e %
7.4e %
7.5e %
7.6e %
7.7e %
7.8e %
7.90 Qij.
7.10e %
7.11.... %
7.12e %
7.13e %
7.14e %
F. Based on
Operating
Data?
Yes No
7.1f
7.2f
7.3f
7.4f
7.5f
7.6f
7.7f
7.8f
7.9f
7.10f
7.11f
7.12f
7.13f
7.14f
D
n
I I
n
n
n
n
i i
n
n
i i
n
n
n
n
n
n
n
n
n
(Check If additional Information Is provided on Part IV-Supplemental Information.)
8. OPTIONAL INFORMATION ON WASTE MINIMIZATION
(Indicate actions taken to reduce the amount of the chemical being released from the facility. See the Instructions for coded
Items and an explanation of what Information to Include.) t
A.
Type of
modification
(enter code)
B. Quantity of the chemical In the wastestream C. Index D. Reason for action
prior to treatment/disposal (enter code)
Current Prior | Or percent
reporting year ( change
year (Ibs/yr) (Ibs/yr) .
I
1
1
EPA Form 9350-1 (1-88)
-------
(Important: Type or print; read instructions before completing form.)
EPA FORM R
PART IV. SUPPLEMENTAL INFORMATION
Use this section If you need additional space for answers to questions In Parts I and III.
Number or letter this Information sequentially from prior sections (e.g.. D,E. F, or 5.54. 5.55).
Page 5 of 5
(This space for EPA use only.)
ADDITIONAL INFORMATION ON FACILITY IDENTIFICATION (Part 1 - Section 3)
3.5
3.7
3.8
3.9
3.10
SIC Code
1 1 1
1 1 1
Dun & Bradstreet Number(s)
1 1 - 1 1 • 1 1 - 1
1 1 1
1 1 1
1 1 - 1 1 1 1 - 1 1 1 1
EPA Identification Number(s) RCRA 1.0. No.)
1 1 1 1 1 1 1 1 1 1 1
NPDES Permit
1 1 1
Number (s)
1 1 1
Name of Receiving Stream(s)
1
or Water Body(s)
1 III 1 1 1 1 1
1 1
1 1 | 1 1 1 1 1
ADDITIONAL INFORMATION ON RELEASES TO LAND ( Part III - Section 5.5)
Releases to Land
5.5 1 1 (enter code)
1 1 (enter code)
5.5 1 1 (enter code)
5.5 a
5.5 a
5.5 a
A. Total Release
(Ibs/yr)
A.1
Reporting Ranges
0 1-400 500-900
A. 2
Enter
Estimate
B. Basis of
Estimate
(enter code)
5.5 b Q
5.5 b D
5.5 b Q
ADDITIONAL INFORMATION ON OFF-SITE TRANSFER ( Part III - Section 6)
6- Discharge to POTW
Other off-site location i 1
6. (Enter block number
from Part fl, Section 2. ) I—I
Other off-site location I 1
6. (Enter block number
from Part 0, Section 2.) 1 1
A. Total Transfers
(Ibs/yr)
6. a
6.
6.
a
• a
A.1
Reporting Ranges
0 1-400 500-000
A. 2
Enter
Estimate
B. Basis of
Estimate
(enter code)
•— "D
6. bD
6. bQ
C. Type of Treatment/
Disposal (enter code)
6
c.
6._c. |
ADDITIONAL INFORMATION ON WASTE TREATMENT (Part III - Section 7)
A. General Wastestream
(enter code)
7. a 1 1
7. a 1 1
_. D
'.. a D
7. . n
B. Treatment
Method
(enter code)
7 h
7. b
7. b
7. b
7. b
C. Range of
Influent
Concentration
(enter code)
7. c
7. c
7. c
7. c
7. c
n.
n
n
n
n
D. Sequential
Treatment?
(check If
applicable)
7. „ n
7. « C
7. „ n
7. » n
7. d n
E. Treatment
Efficiency
Estimate
7. e %
7. e %
7. e %
7. e %
7. e %
F. Based on
Operating
Data?
Yes No
7. , :
i
7. . n :
7. . n n
7. . n :
7. , n :
EPA Form 9350-1(1-88)
-------
TECHNICAL GUIDANCE
•. General
o Detailed Instructions
• Industry specific
o 18 different industries .
.
• Available by toll-free number or response card
o 800-535-0202
o 202-479-2449 (Washington, D.C. and Alaska)
-------
TRADE SECRET PROVISIONS
Respondents may only claim chemical identity as trade secret,
must provide generic name in its place
Must provide substantiation up-front
Sanitized and unsanitized versions of the form
Trade secret data will be kept separately
-------
TRADE SECRET CONSIDERATIONS - SUPPLIERS
• Chemical identity may be declared trade-secret
' o Supplier provides user with generic name
• May claim percent composition trade secret
• Supplier must provide an upper bound limit
• Must retain records justifying trade secret claims
-------
RECORDKEEPING
Respondent must retain records for three years:
o Including records detailing basis of release estimates
o Basis of notification (suppliers)
-------
COMMUNITY RIGHT-TO-KNOW ASPECTS
• EPA is required to make the data available to the public
through an on-line database
• Data also available through other means (reports,
hardcopy)
• States also receive data and make it available
Q
-------
TAB C
-------
C-l
-------
United States April
Environmental Protection Agency 1988
Washington DC 20460
v>EPA Emergency
Planning and
Community
Right-to-Know
Law...
A New
Videotape on
Section 313
The Toxics Release Inventory:
Meeting the Challenge
-------
Section 313 is part of Title III of the
Superfund Amendments and
Reauthorization Act of 1986,
commonly known as SARA. Title III is a
free-standing Act known as "The
Emergency Planning and Community
Right-to-Know Act of 1986." This Act
contains four major sections to respond
to the public's right-to-know about toxic
releases to the environment: emergency
planning, emergency notification,
community right-to-know reporting
requirements, and toxic chemical release
reporting (section 313). Section 313
requires owners and operators of
affected facilities to report to the
Environmental Protection Agency (EPA)
and the States, yearly, about the annual
releases of toxic chemicals (from a list of
over 300 chemicals and 20 chemical
categories) to the air, water or land. The
overall objective of this release reporting
is to provide the basis and incentive to
reduce and eliminate to the extent
possible, the release of toxic chemicals
into the environment.
Section 313 is important to those who
must comply with the law and to inform
the general public. 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, and universities or
seLondary schools may also find the
program useful and informative.
Copies of a brochure on section 313
accompany your copy of the tape. The
brochure includes the list of chemicals
subject to the law and where to obtain
additional information.
How to Purchase
Write to: Color Film Corporation
Video Division
770 Connecticut Avenue
Norwalk, Connecticut 06854
Or Call: Toll Free: (800) 882-1120
Between 9:00 a.m. and
5:00 p.m. E.T.
Monday through Friday
• Orders must be prepaid.
• Prices include postage and handling.
• Include 7.5% state sales tax.
(Connecticut residents and corporations
only)
• 48-hour service with a certified check
or money order.
Order Form
Name-
Title-
Organization-
Address
Please send me copy(s) of "The Toxics
Release Inventory: Meeting the Challenge"
(19 minutes)
(Place a check in the box for format and
indicate number of copies)
3/4 inch Beta I or II VHS
D D Dx_
$30.75 $22.95 $22.00
= $
Tax (Connecticut only} *
Enclosed is $
-------
C-2
-------
Office of Pesticides EPA 560/4-88-001
and Toxic Substances December 1988
EPA The Emergency
Planning and
Community
Right-to-Know Act
Section 313
Release
Reporting
Requirements
-------
This brochure contains information about the Emergency
Planning and Community Right-to-Know Act. This law estab-
lishes a structure at the state and local levels to assist communi-
ties in planning for chemical emergencies and requires facilities
to provide information on various chemicals present in the com-
munity. The Act requires that this information be made available
to the public. One of the requirements concerns the reporting
of annual releases of toxic chemicals to the air. water, and land.
These provisions are outlined in Section 313 which mandates
annual release reporting tor over 300 chemicals. Other reporting
requirements are included elsewhere in the Act This booklet
deate with Section 313.
It is important that you read this information to see if;
are subject to Section 313 reporting requiremerrts. The1
reports under this Section, covering the 1967 calendar year,
were due by July 1.1968. The next reports, covering the 1968
calendar year, are due July 1.1969. EPA is responsible for ad-
ministering tWs Section and developing a o^abase that will
make information in the reports available to the public.
The Emergency Planning and Community Right-to—Know
Act is important in providing to the pubHc information about
chemicals in the community. I look forward to working with you
to make its implementation a success.
Lee M. Thomas
Administrator,
Environmental Protection Agency
-------
THE EMERGENCY
PLANNING AND COMMUNITY
RIGHT-TO-KNOW
ACT
EPA has prepared this brochure to alert
businesses to their reporting obligations under Sec-
tion 313 of the Emergency Planning and Community
Right- to-Know Act*, and to help you determine
whether your facility is covered under the law. If
you are covered, this brochure will also help you
prepare to meet your reporting obligations. If you
are uncertain whether you are covered, it will tell
you how to get assistance.
This brochure deals with reporting requirements
of only one section of the Emergency Planning and
Community Right-to-Know Act: Section 313, which
pertains to release reporting. Other planning and
reporting requirements may also affect your busi-
ness. The nearest EPA regional office can provide
complete details, but the other basic requirements
of the Act are as follows:
Facilities that have on their premises chemi-
cals designated under the Act as "extremely
hazardous substances" must cooperate with
state and local planning officials In preparing
comprehensive emergency plans (Sections
302 and 303);
•
Facilities must report accidental releases of
"extremely hazardous substances" and
CERCLA "hazardous substances" to state
and local response officials (Section 304);
and
* The Act is also known as Title III of SARA (the Superfund
Amendments and Reauthorization Act of 1986).
-------
Facilities must make Material Safety
Sheets (MSDSs) available to local and
officials and must also report, to local and
state officials, inventories (including loca-
tions) of chemicals on their premises for
which MSDSs exist (Sections 311 and 312).
For more information on the Emergency Plan-
ning and Community Right-to Know Act, ask your
regional EPA office for the Title III Fact Sheet; or call
the Emergency Planning and Community Right-to-
Know Information Hotline, (800) 535-0202 or (202)
479-2449 (in Washington, D.C. and Alaska).
REPORT TOXIC
CHEMICAL RELEASES
Under Section 313 of the Emergency Planning
and Community Right-to-Know Act, certain busi-
nesses are required to submit reports each year on
the amounts of chemicals their facilities release into
the environment, either routinely or as a result oft
accidents. The purpose of this reporting require!
merit is to inform government officials and the public
about releases of toxic chemicals into the environ-
ment. Section 313 requires facilities to report re-
leases to air, water, and land. The reports must be
sent to the United States Environmental Protection
Agency (EPA) and to designated state agencies.
Reports are due by July 1 each year. Those who
fail to report as required are subject to civil penal-
ties of up to $25,000 a day.
The final Toxic Chemical Release Inventory rule
under Section 313 was published in the Federal
Register on February 16,1988.
-------
WHO MUST REPORT
A plant, factory, or other facility comes under
the provisions of Section 313 if it meets aJJ three of
the following criteria:
If It conducts manufacturing operations (that
Is, If It Is Included In Standard Industrial Classi-
fication (SIC) codes 20 through 39, listed on
page 9);
•
If, in addition, It has 10 or more full-time em-
ployees; and
•
If, In addition to the above, It manufactures,
imports, processes, or In any other way uses
any of the toxic chemicals listed on pages
15-22 in amounts greater than the "thresh-
old" quantities specified below. At present,
307 individual chemicals and 20 categories of
chemicals are covered. The Hst may be
changed In future years.
•
THRESHOLDS
Thresholds are amounts of chemicals used
during the calendar year that trigger reporting
requirements.
If you manufacture or process any of the listed
toxic chemicals, the threshold quantity will be:
• 75,000 pounds In 1987;
• 50,000 pounds In 1988; and
• 25,000 pounds In 1989 and subsequent
years.
If you use any listed chemical in any other way
(without incorporating it into any product or produc-
ing it at the facility), the threshold quantity is:
• 10,000 pounds in 1987 and subsequent
years.
-------
What is meant by the terms "manufacture,"
"process," or "otherwise use"?
• Manufacture - means to produce, prepare,
import or compound one of the chemicals on
the list. For example, if you make a dye for
clothing by taking raw materials and reacting
them, you are manufacturing the dye. You
would also be covered if you were a textile
manufacturer who imported a dye on the I ist for
purposes of applying it to fabric produced at
your plant.
• Process - in general, includes making mix-
tures, repackaging, or using a chemical as a
feed- stock, raw material, or starting material
for making another chemical. Processing also
includes incorporating a chemical into an arti-
cle (e.g., using dyes to color fabric [the fabric is
the article that the dye is being incorporated
into]).
Examples of processing include:
Q Adding a solvent as a diluent when mak-
ing a paint, coating, or other mixture;
a Using a chemical as an intermediate in
the manufacture of a pesticide (e.g., us-
ing chemical A to make chemical B).
• Otherwise Use - applies to any use of a toxic
chemical at a covered facility that is not cov-
ered by the terms "manufacture" or "proce^
and includes use of a toxic chemical contaiiV
in a mixture or trade name product. A chemical
that is used by a facility is not intentionally in-
corporated into a product distributed in com-
merce.
Examples include:
a Using a metal cutting fluid that contains
diethanolamine;
a Using a heat transfer fluid containing
biphenyl;
c Using trichloroethylene to degrease
tools;
3 Using chlorine in waste water treatment;
n Using Freon 113 as a refrigerant to cool
process streams.
-------
.Section 313 defines a "facility" as all buildings,
^pment, structures, and other stationary items
which are located on a single site or on contiguous
or adjacent sites and which are owned or operated
by the same person. Warehouses on the same site
as covered facilities are covered at the threshold
levels given above. Stand-alone warehouses that
do not support a manufacturing operation are not
currently covered.
The reporting thresholds apply to toxic chemi-
cals known by the owner or operator to be used in
amounts above the thresholds. Beginning in 1989,
Section 313 will require suppliers of mixtures and
trade name products to notify customers of the pres-
ence of Section 313 listed chemicals in their prod-
ucts beyond certain de minimis concentrations
(these cutoffs are discussed under "Exemptions").
EXEMPTIONS
Under certain circumstances, some or all of
the reporting requirements under Section 313 may
not apply to a facility. The following are the major
exemptions:
De mlnlmls concentrations of a toxic chemical in
T&rtain mixtures. In determining whether the amount of a
toxic chemical used at your facility exceeds the reporting
threshold listed on page 3, you are not required to count
the amount of chemical present in a mixture H
Its concentration Is less than 1 percent of the
mixture, or
•
Its concentration Is less than 0.1 percent of
the mixture when the chemical Is defined by
the Occupational Safety and Health Admini-
stration (OSHA) as carcinogenic; the chemi-
cal list beginning on page 15 identifies these
chemicals.
-------
^ Articles. In considering whether a reporting 1
old has been exceeded, you are not required to c
ic chemicals present in articles processed or used at your
facility. "Article" means a manufactured item: (1) which
is formed to a specific shape or design during manufac-
ture; (2) which has end use functions dependent in whole
or in part upon its shape or design during end use; and (3)
which does not release a toxic chemical under normal
conditions of processing or use of that item at the facility
or establishments.
^ Specified Uses. In considering whether a reporting
threshold has been exceeded, you are not required to
count toxic chemicals that are used at your facility for any
of the following purposes:
As s structural component of the facility;
In routine janitorial or facility grounds mainte-
nance;
In foods, drugs, cosmetics, or other items for
personal use, including supplies of such.
Hems (for example, In a facility-operate^
cafeteria);
In motor vehicle maintenance (Including mo-
tor fuel); or
In process water and non-contact cooling
water as drawn from the environment or from
municipal sources, or In air used either as
compressed air or as part of combustion.
6
-------
Laboratories. In considering whether a reporting
Plreshold has been exceeded, you are not required to
count toxic chemicals that are manufactured, processed,
or used for research or quality control in a laboratory at a
covered facility under the supervision of a technically
qualified individual. This exemption does not apply to
production, processing, or the use of toxic chemicals in
pilot plant scale operations and laboratories for distribu-
tion in commerce.
^ Owners of Leased Property. The owner of a cov-
ered facility is not subject to reporting under Section 313
if the owner's only interest in the facility is ownership of
the real estate upon which the facility is operated. How-
ever, the operator of the facility must report if the criteria
are met.
-------
HOW TO REPORT
The owner or operator of a covered facility
must report annually. Each report must be submitted
on or before July 1 for activities during the previous
calendar year.
EPA will provide a reporting form (EPA Form R)
with instructions and technical guidance on how to
calculate chemical releases or emissions from your
facility. To obtain the reporting form, instructions,
and technical guidance, write a letter or check the
boxes for those publications on the back cover, de-
tach the cover, and mail it to: Emergency Planning
and Community Right-to-Know Document Distribu-
tion Center, P.O. Box 12505, Cincinnati, OH 45212,
or any of the EPA regional offices listed on pages
13-14.
You are not required to measure or monitor re-
leases for purposes of Section 313 reporting. You
may use readily available data to report the quanti-
ties of chemicals that you use and the amounts re-
leased into the environment. If you have no data
available, the law permits you to report reasonable
estimates. EPA's technical guidance on calculating
releases can help you in making estimates. ~
8
-------
STANDARD INDUSTRIAL
CLASSIFICATION (SIC)
GROUPS SUBJECT TO
SECTION 313
SIC INDUSTRY GROUP
20 Food
21 Tobacco
22 Textiles
23 Apparel
24 Lumber and Wood
25 Furniture
26 Paper
27 Printing and Publishing
28 Chemicals
29 Petroleum and Coal
30 Rubber and Plastics
31 Leather
32 Stone, Clay, and Glass
33 Primary Metals
34 Fabricated Metals
35 Machinery (excluding electrical)
36 Electrical and Electronic Equipment
37 Transportation Equipment
38 Instruments
39 Miscellaneous Manufacturing
If you do not know your SIC code, check with your finan-
cial office or contact your local Chamber of Commerce
or State Department of Labor.
For more information on SIC codes, please consult
"Standard Industrial Classification Manual 1987,"
available from:
National Technical Information Service
5285 Port Royal Road
Springfield, VA 22161
Phone: (703)487-4650
Document Number PB 87-100012
$30.00
-------
WHAT YOU
MUST REPORT
You must report on EPA Form R the following
information for each listed chemical manufactured,
imported, processed, or used at your facility in
yearly amounts which exceed the threshold:
The name and location of your facility;
The Identity of the listed toxic chemical (un-
less you claim Its identity to be a trade secret):
Whether you manufacture, Import, or process
the chemical, or use It in any other way;
The maximum quantity of the chemical on-
site at any time during the year;
The total quantity of the chemical released
during the year, Including both accidental
spills and routine emissions - separate esti-
mates must be provided for releases to air,
water, and land (e.g., deep well injection, per-
mitted landfill);
Off-site locations to which you shlpf
wastes containing the chemical and the <
titles of that chemical sent to those lo<
and
•
Treatment or disposal methods used for
wastes containing the chemical and estimates
of their efficiency for each chemical (effi-
ciency of treatment methods used on-site).
For purposes of Section 313, a release is de-
fined as any spilling, leaking, pumping, pouring,
emitting, emptying, discharging, injecting, escaping,
leaching, dumping, or disposing into the environ-
ment (including the abandonment or discarding of
barrels, containers, and other closed receptacles) of
any "toxic chemical" (i.e., any of the chemicals on
pages 15-22).
10
-------
PUBLIC ACCESS
TO REPORTS
The law requires facilities covered by Section
313 to send toxic chemical release reports both to
EPA and to the state in which the facility is located.
At EPA, the Office of Toxic Substances will be re-
sponsible for receiving and processing the data.
The agency designated to receive reports in your
state is listed in the instructions for Form R.
EPA is required by law to make the data in the
reports available to the public through a computer
database. (You can claim the chemical identity to
be a trade secret, but you must justify the claim to
EPA. The final Trade Secret rule was published in
the Federal Register on July 29,1988.) The data-
base is intended to help answer citizens' questions
about chemical releases in their community. The
users of the data are also likely to include research-
ers from government or universities conducting envi-
ronmental analyses. EPA expects to use the data in
a variety of ways, including targeting problem pollu-
flpn areas and as a screening tool for developing
Bandards and regulations.
WHAT YOU CAN DO NOW
You can begin planning now to make
compliance with Section 313 as easy and inexpen-
sive as possible. The steps are as follows:
CD If you have 10 or more full-time employees
(that is, if the total annual hours worked by all
employees is at least 20,000 hours), check
the SIC code list on page 9 to determine
whether your facility is covered.
11
-------
SO Check the list of toxic chemicals covered
Section 313 (pages 15-22) to see if any
manufactured, imported, processed, or in any
other way used by your facility. For reporting
year 1988 you must report based on data
available to you. For reporting year 1989 and
subsequent years, your chemical supplier is
required to inform you if any of the Section
313 chemicals is contained in mixtures sold
to you.
GB Determine whether you handle any chemical
on the list in an amount greater than the
thresholds on page 3.
(5 If you meet the criteria, request copies of the
reporting form, instructions, and any of the
appropriate guidance documents listed at the
back of this brochure.
§] Begin to develop the appropriate information
to report your releases.
IS Maintain a recordkeeping system that will
help you estimate releases for future years.
You should designate someone at your facility
to be responsible for reporting under Section 313.
That person should obtain reporting forms and in-
structions and should be aware of the reporting
deadline: July 1 of each year.
The reporting forms and instructions can be 3!
tained by mailing in the order form on the inside
back cover or by calling one of the EPA regional
offices listed on pages 13-14.
12
-------
SECTION 313
EPA REGIONAL
CONTACTS
Region 1
Pesticides & Toxics Branch
USEPA Region 1 (APT2311)
JFK Federal Building
Boston, MA 02203
(617) 565-3273
Connecticut, Massachusetts, Maine, New Hampshire,
Rhode Island, Vermont
Region 2
Pesticides & Toxics Branch
USEPA Region 2 (MS240)
Woodbridge Avenue, Building 209
Edison, NJ 08837
(201) 906-6890
New Jersey, New York, Puerto Rico, Virgin Islands
Region 3
Toxics & Pesticides Branch
USEPA Region 3 (3HW42)
841 Chestnut Street
Philadelphia, PA 19107
(215) 597-1260
laware, Maryland, Pennsylvania, Virginia, West Virginia,
of Columbia
4
Pesticides & Toxics Substances Branch
USEPA Region 4
345 Courtland Street
Atlanta, GA 30365
(404) 347-5053
Alabama, Florida, Georgia, Kentucky, Mississippi, North
Carolina, South Carolina, Tennessee
Region 5
Pesticides & Toxic Substances Branch
USEPA Region 5 (5SPT-7)
230 South Dearborn Street
Chicago, IL 60604
(312) 353-5867
Illinios, Indiana, Michigan, Minnesota, Ohio, Wisconsin
13
-------
SECTION 313
EPA REGIONAL
CONTACTS
Region 6
Pesticides & Toxic Substances Branch
USEPA Region 6 (6TPT)
1445 Ross Avenue
Dallas, TX 75202-2733
(214) 655-7244
Arkansas, Louisiana. New Mexico, Oklahoma, Texas
Region 7
Office of Congressional and Intergovernmental Liaison
USEPA Region 7 (CIGL)
726 Minnesota Avenue
Kansas City, KS 66101
(913) 236-2806
Iowa, Kansas, Missouri, Nebraska
Region 8
Toxic Substances Branch
USEPA Region 8 (8AT-TS)
999 18th Street
Denver, CO 80202-2405
(303) 293-1730
Colorado, Montana, North Dakota, South Dakota, Utah,
Wyoming
Region 9
Pesticides & Toxics Branch
USEPA Region 9 (T-5-3)
215 Fremont Street
San Francisco, CA 94105
(415) 974-7054
Arizona, California, Hawaii, Nevada, American Samoa,
Guam, Commonwealth of the Northern Mariana Islands
Region 10
Pesticides & Toxic Substances Branch
USEPA Region 10 (AT083)
1200 Sixth Avenue
Seattle, WA 98101
(206)442-1091
Alaska, Idaho, Oregon, Washington
14
-------
ALPHABETICAL LIST OF
SECTION 313 CHEMICALS
CAS De Mlnlmls
Number Chemical Name Concentration
(percent)
75-07-0 Acetaldehyde 0.1
60-35-5 AcetamkJe 0.1
67-64-1 Acetone 1.0
75-05-8 Acetonitrile 1.0
53-96-3 2-Acetylaminofluorene 0.1
107-02-8 Acrolein 1.0
79-06-1 Acrylamide 0.1
79-10-7 Acrylic acid 1.0
107-13-1 Acrylonitrile 0.1
309-00-2 Aldrin[1,4:5,8-Dimethanonaphthalene, 1.0
1,2,3,4,10,10-hexachloro-1,4,4a,5,8,8a-
nexahydro- (1 .alpha. ,4.alpha. ,4a.beta.,
5.alpha.,8,alpha.,8a.beta.)-]
107-05-1 Allyl chloride 1.0
7429-90-5 Aluminum (fume or dust) 1.0
1344-28-1 Aluminum oxide 1.0
117-79-3 2-Aminoanthraquinone 0.1
60-09-3 4-Aminoazobenzene 0.1
92-67-1 4-Aminobiphenyl 0.1
82-28-0 1-Amino-2-methylanthraquinone 0.1
7664-41-7 Ammonia 1.0
6484-52-2 Ammonium nitrate (solution) 1.0
7783-20-2 Ammonium sulfate (solution) 1.0
62-53-3 Aniline 1.0
,90-04-0 o-Anisidine 0.1
I04-94-9 p-Anisidine 1.0
134-29-2 o-Anisidine hydrochloride 0.1
120-12-7 Anthracene 1.0
7440-36-0 Antimony 1.0
7440-38-2 Arsenic 0.1
1332-21-4 Asbestos (friable) 0.1
7440-39-3 Barium 1.0
98-87-3 Benzal chloride :... 1.0
55-21-0 Benzamide 1.0
71-43-2 Benzene 0.1
92-87-5 Benzidine 0.1
98-07-7 Benzole trichloride (Benzotrichloride) .0.1
98-88-4 Benzoyl chloride 1.0
94-36-0 Benzoyl peroxide 1.0
100-44-7 Benzyl chloride 1.0
7440-41-7 Beryllium 0.1
15
-------
CAS De Mlnlmls
Number Chemical Name Concentre
(perc
92-52-4 Biphenyl 1X)
111-44-4 Bis(2-chloroethyl) ether 1.0
542-88-1 Bisjchloromethyl) ether 0.1
108-60-1 Bis(2-chloro-1-methylethyl) ether 1.0
103-23-1 Bis(2-ethylhexyl) adipate 0.1
75-25-2 Bromofbrm (Tribromometnane) 1.0
74-83-9 Bromomethane (Methyl bromide) 1.0
106-99-0 1,3-Butadiene 0.1
141-32-2 Butyl acrylate 1.0
71-36-3 n-Butyl alcohol 1.0
78-92-2 sec-Butyl alcohol 1.0
75-65-0 tert-Butyl alcohol 1.0
85-68-7 Butyl benzyl phthalate 1.0
106-88-7 1,2-Butylene oxide 1.0
123-72-8 Butyraldehyde 1.0
4680-78-8 C.I. Acid Green 3 1.0
569-64-2 C.I. Basic Green 4 1.0
989-38-8 C.I. Basic Red 1 0.1
1937-37-7 C.I. Direct Black 38 0.1
2602-46-2 C.I. Direct Blue 6 0.1
16071-86-6 C.I. Direct Brown 95 0.1
2832-40-8 C.I. Disperse Yellow 3 1.0
3761-53-3 C.I. Food Red 5 0.1
81-88-9 C.I. Food Red 15 0.1
3118-97-6 C.I. Solvent Orange 7 1.0
97-56-3 C.I. Solvent Yellow 3 0.1
842-07-9 C.I. Solvent Yellow 14 0.1
492-80-8 C.I. Solvent Yellow 34 (Auramine)
128-66-5 C.I. Vat Yellow 4
7440-43-9 Cadmium
156-62-7 Calcium cyanamide 1.0
133-06-2 Captan [1H-lsoindole-1,3(2H)-dione, . 1.0
3a,4,7,7a-tetrahydro-2-
[(trichloromethyl)thio] -]
63-25-2 Carbarylp-Naphthalenol 1.0
methylcarbamate]
75-15-0 Carbon disulfide 1.0
56-23-5 Carbon tetrachloride 0.1
463-58-1 Carbonyl sulfide 1.0
120-80-9 Catechol 1.0
133-90-4 Chloramben [Benzoic acid 1.0
3-amino-2,5-dichloro-]
57-74-9 Chlordane [4,7-Methanoindan 1.0
1,2,4,5,6,7,8,8- octachloro-
2,3,3a,4,7,7a-hexahydro-]
16
. \j. i
f
-------
CAS De Minimis
Number Chemical Name Concentration
(percent)
82-50-5 Chlorine 1.0
10049-04-4 Chlorine dioxide 1.0
79-11-8 Chloroacetic acid 1.0
532-27-4 2-Chloroacetophenone 1.0
108-90-7 Chlorobenzene 1.0
510-15-6 Chlorobenzilate [Benzeneacetic acid, . 1.0
4-chloro-.alpha.-(4- chlorophenyl)-
.alpha. -hydroxy -, ethyl ester]
75-00-3 Chloroethane (Ethyl chloride) 1.0
67-66-3 Chloroform 0.1
74-87-3 Chloromethane (Methyl chloride) 1.0
107-30-2 Chloromethyl methyl ether 0.1
126-99-8 Chloroprene 1.0
1897-45-6 Chtorothalonil [1,3- 1.0
Benzenedicarbonitrile, 2,4,5,6-
tetrachloro-]
7440-47-3 Chromium 0.1
7440-48-4 Cobalt 1.0
7440-50-8 Copper 1.0
120-71-8 p-Cresidine 0.1
1319-77-3 Cresol (mixed isomers) 1.0
108-39-4 m-Cresol 1.0
95-48-7 o-Cresol 1.0
106-44-5 p-Cresol 1.0
98-82-8 Cumene 1.0
80-15-9 Cumene hydroperoxide 1.0
135-20-6 Cupferron [Benzeneamine, N-hydroxy- 0.1
N-nitroso, ammonium salt]
(110-82-7 Cyclonexane 1.0
, 94-75-7 2,4-D [Acetic acid 1.0
(2,4-dichloro-phenoxy)-]
1163-19-5 Decabromodiphenyl oxide 1.0
2303-16-4 Diallate [Carbamothioic acid.bis 1.0
(1-methylethyl)-,
S-(2,3-dichloro-2-propenyl) ester]
615-05-4 2,4-Diaminoanisole 0.1
39156-41-7 2,4-Diaminoanisole sulfate 0.1
101-80-4 4,4'-Diaminodiphenyl ether 0.1
25376-45-8 Diaminotoluene (mixed isomers) 0.1
95-80-7 2,4-Diaminotoluene 0.1
334-88-3 Diazomethane 1.0
132-64-9 Dibenzofuran 1.0
96-12-8 1,2-Dibromo-3-chloropropane (DBCP) 0.1
106-93-4 1,2-Dibromoethane 0.1
(Ethylene dibromide)
17
-------
CAS De Mlnimis
Number Chemical Name Concentration
(pere
84-74-2 Dibutyl phthalate
25321-22-6 Dichlorobenzene (mixed isomers) 0.1
95-50-1 1,2-Dichlorobenzene 1.0
541-73-1 1,3-Dichlorobenzene 1.0
106-46-7 1,4-Dichlorobenzene 0.1
91-94-1 3,3'-Dichlorobenzidine 0.1
75-27-4 Dichlorobromomethane 1.0
107-06-2 1,2-Dichloroethane 0.1
(Ethylene dichloride)
540-59-0 1,2-Dichloroethylene 1.0
75-09-2 Dichloromethane (Methylene chloride) 0.1
120-83-2 2,4-Dichlorophenol 1.0
78-87-5 1,2-Dichloropropane 1.0
542-75-6 1,3-Dichloropropylene 0.1
62-73-7 Dichlorvos [Phosphoric acid, 2 1.0
dichloroethenyl dimethyl ester]
115-32-2 Dicofol [Benzenemethanol, 4-chloro-. 1.0
.alpha.- 4-chlorophenyl)-
.alpha.- (trichloromethyl)-]
1464-53-5 Diepoxybutane 0.1
111 -42-2 Diethanolamine 1.0
117-81-7 Di-(2-ethylhexyl) phthalate (DEHP) ... 0.1
84-66-2 Diethyl phthalate 1.0
64-67-5 Diethyl sulfate 0.1
119-90-4 3,3'-Dimethoxybenzidine 0.1
60-11-7 4-Dimethylaminoazobenzene 0.1
119-93-7 3,3'-Dimethylbenzidine(o-Tolidine) ..0.1
79-44-7 Dimethylcarbamyl chloride 0^
57-14-7 1,1-Dimethyl hydrazine
105-67-9 2,4-Dimethylphenol
131-11-3 Dimethyl phthalate 1.0
77-78-1 Dimethyl sulfate 0.1
534-52-1 4,6-Dinitro-o-cresol 1.0
51-28-5 2,4-Dinitrophenol 1.0
121-14-2 2,4-Dinitrotoluene 1.0
606-20-2 2,6-Dinitrotoluene 1.0
117-84-0 n-Dioctyl phthalate 1.0
123-91-1 1,4-Dioxane 0.1
122-66-7 1,2-Diphenylhydrazine 0.1
(Hydrazobenzene)
106-89-8 Epichlorohydrin 0.1
110-80-5 2-Ethoxyethanol 1.0
140-88-5 Ethyl acrylate 0.1
100-41-4 Ethylbenzene 1.0
541-41-3 Ethyl chloroformate 1.0
-------
CAS De Mlnimls
Number Chemical Name Concentration
(percent)
74-85-1 Ethylene 1.0
107-21-1 Ethylene glycol 1.0
151-56-4 Ethyleneimine (Aziridine) 0.1
75-21-8 Ethylene oxide 0.1
96-45-7 Ethylene thiourea 0.1
2164-17-2 Fluometuron [Urea, N,N-dimethyl-N'- 1.0
[3- (trifluoromethyl)phenyl] -]
50-00-0 Formaldehyde 0.1
76-13-1 Freon 113 [Ethane, 1,1,2-trichloro-1,2, 1.0
2-trifluoro-]
76-44-8 HeptachlorflAS.ey.a.S-Heptachloro- 1.0
3a,4,7,7a-tetrahydro-4,7-
methano-1H-indene]
118-74-1 Hexachlorobenzene 0.1
87-68-3 Hexachloro-1,3-butadiene 1.0
77-47-4 Hexachlorocyclopentadiene 1.0
67-72-1 Hexachloroethane 1.0
1335-87-1 Hexachloronaphthalene 1.0
680-31-9 Hexamethylphosphoramide 0.1
302-01-2 Hydrazine 0.1
10034-93-2 Hydrazine sulfate 0.1
7647-01-0 Hydrochloric acid 1.0
74-90-8 Hydrogen cyanide 1.0
7664-39-3 Hydrogen fluoride 1.0
123-31-9 Hydroquinone 1.0
78-84-2 Isobutyraldehyde 1.0
67-63-0 Isopropyl alcohol (manufacturing- ... 0.1
strong add process, no supplier
notification)
80-05-7 4,4'-lsopropylidenediphenol 1.0
7439-92-1 Lead 0.1
58-89-9 Undane [Cyclohexane, 1,2,3,4,5,6-hex- 0.1
achloro-, (1 .alpha. ,2.alpha. ,3.
beta.,4.alpha.,5.alpha.,6.beta.)-]
108-31-6 Maleic anhydride 1.0
12427-38-2 Maneb [Carbamodithioic acid, 1,2- ... 1.0
ethanediylbis-, manganese complex]
7439-96-5 Manganese 1.0
108-78-1 Melamine 1.0
7439-97-6 Mercury 1.0
67-56-1 Methanol 1.0
72-43-5 Methoxychlor [Benzene, 1,1'-(2,2,2- .. 1.0
trichloroethylidene)bis [4-methoxy-]
109-86-4 2-Methoxyethanol 1.0
96-33-3 Methyl acrylate 1.0
-------
CAS D« Minimls
Number Chemical Name Concentration
(percc
1634-04-4 Methyl tert-butyl ether .
101-14-4 4,4'-Methylenebis(2-chloro aniline)
(MBOCA)
101-61-1 4,4'-Methylenebis(N,N-dimethyl) 0.1
benzenamine
101-68-8 Methytenebis(phenylisocyanate) (MBI) 1.0
74-95-3 Methylene bromide 1.0
101-77-9 4,4'-Methylenedianiline 0.1
78-93-3 Methyl ethyl ketone 1.0
60-34-4 Methyl hydrazine 1.0
74-88-4 Methyl iodide 0.1
108-10-1 Methyl isobutyl ketone 1.0
624-83-9 Methyl isocyanate 1.0
80-62-6 Methyl methacrylate 1.0
90-94-8 Michler's ketone 0.1
1313-27-5 Molybdenum trioxide 1.0
505-60-2 Mustard gas [Ethane, 1,1'-thiobis 0.1
[2-chloro-]
91-20-3 Naphthalene 1.0
134-32-7 alpha-Naphthylamine 0.1
91-59-8 beta-Naphthylamine 0.1
7440-02-0 Nickel 0.1
7697-37-2 Nitric acid 1.0
139-13-9 Nitrilotriacetic acid 0.1
99-59-2 5-Nrtro-o-anisidine 0.1
98-95-3 Nitrobenzene 1.0
92-93-3 4-Nitrobiphenyl 0.1
1836-75-5 Nitrofen [Benzene, 2,4-dichloro- ...
1 -(4-nitrophenoxy)-]
51-75-2 Nitrogen mustard [2-Chloro-N-(2- .
chloroethyl) -N- methyletnanamine]
55-63-0 Nitroglycerin 1.0
88-75-5 2-Nitrophenol 1.0
100-02-7 4-Nitrophenol 1.0
79-46-9 2-Nitropropane 0.1
156-10-5 p-Nitrosodiphenylamine 0.1
121-69-7 N.N-Dimethylaniline 1.0
924-16-3 N-Nitrosodi-n-butylamine 0.1
55-18-5 N-Nitrosodiethylamine 0.1
62-75-9 N-Nitrosodimethylamine 0.1
86-30-6 N-Nitrosodiphenylamine 1.0
621-64-7 N-Nitrosodi-n-propylamine 0.1
4549-40-0 N-Nitrosomethylvinylamine 0.1
59-89-2 N-Nitrosomorpholine 0.1
759-73-9 N-Nitroso-N-ethylurea 0.1
20
. U. I
1
-------
CAS De Minimi*
Number Chemical Name Concentration
(percent)
1-93-5 N-Nitroso-N-methylurea 0.1
16543-55-8 N-Nitrosonomicotine 0.1
100-75-4 N-Nitrosopiperidine 0.1
2234-13-1 Octachloronaphthatene 1.0
20816-12-0 Osmium tetroxide 1.0
56-38-2 Parathton [Phosphorothioic acid, o, ... 1.0
o-diethyl-o-(4-nitrophenyl) ester]
87-86-5 Pentachlorophenol (POP) 1.0
79-21-0 Peracetic acid 1.0
108-95-2 Phenol 1.0
106-50-3 p-Phenylenediamine 1.0
90-43-7 2-Phenylphenol 1.0
75-44-5 Phosgene 1.0
7664-38-2 Phosphoric acid 1.0
7723-14-0 Phosphorus (yellow or white) 1.0
85-44-9 Phthalic anhydride 1.0
88-89-1 Picric acid 1.0
1336-36-3 Polychlorinated biphenyls (PCBs) 0.1
1120-71-4 Propane sultone 0.1
57-57-8 beta-Propiolactone 0.1
123-38-6 Propionaldehyde 1.0
114-26-1 Propoxur [Phenol, 2-(1-methylethoxy)-, 1.0
methylcarbamate]
115-07-1 Propylene (Propene) 1.0
75-55-8 Propyleneimine 0.1
75-56-9 Propylene oxide 0.1
110-86-1 Pyridine 1.0
91-22-5 Quinoline 1.0
|06-51-4 Quinone 1.0
F82-68-8 Quintozene [Pentachloronitrobenzene] 1.0
81-07-2 Saccharin (manufacturing, no supplier 0.1
notification) [1,2- Benzisothiazol
-3(2H)-one, 1,1-dioxide]
94-59-7 Safrote 0.1
7782-49-2 Selenium 1.0
7440-22-4 Silver 1.0
1310-73-2 Sodium hydroxide (solution) 1.0
7757-82-6 Sodium sulfate (solution) 1.0
100-42-5 Styrene 0.1
96-09-3 Styrene oxide 0.1
7664-93-9 Sulfuricacid 1.0
100-21-0 Terephthalic acid 1.0
79-34-5 1,1,2,2-Tetrachloroethane 0.1
127-18-4 Tetrachloroethylene (Perchloroethylene) 0.1
21
-------
CAS De Mlnlmts
Number Chemical Name Concentration
(perc
961 -11 -5 Tetrachlorvinphos [Phosphoric acid, 2-
chloro-1- (2,3,5-trichlorophenyl)
ethenyl dimethyl ester]
961-11-5 Tetrachlorvinphos [Phosphoric acid, 2- 1.0
chloro-1- (2,3,5-trichlorophenyl)
ethenyl dimethyl ester]
7440-28-0 Thallium 1.0
62-55-5 Thioacetamide 0.1
139-65-1 4,4'-Thiodianiline 0.1
62-56-6 Thiourea 0.1
7550-45-0 Titanium tetrachloride 1.0
1314-20-1 Thorium dioxide 1.0
108-88-3 Toluene 1.0
584-84-9 Toluene-2,4-diisocyanate 0.1
91-08-7 Toluene-2,6-diisocyanate 0.1
95-53-4 o-Toluidine 0.1
636-21-5 o-Toluidine hydrochloride 0.1
8001-35-2 Toxaphene 0.1
68-76-8 Triaziquone [2,5-Cyclohexadiene-1,4- 0.1
dione, 2,3,5-tris(1-aziridinyl)-]
52-68-6 Trichlorfon [Phosphonic acid, (2,2,2- . 1.0
trichloro-1-hydroxyethyl)-, dimethyl ester]
120-82-1 1,2,4-Trichlorobenzene 1.0
71-55-6 1,1,1-Trichloroethane 1.0
(Methyl chloroform)
79-00-5 1,1,2-Trichloroethane 1.0
79-01-6 Trichloroethylene 1.0
95-95-4 2,4,5-Trichlorophenol 1.0
88-06-2 2,4,6-Trichlorophenol
1582-09-8 Trifluralin [Benzeneamine, 2,6- .
dinitro-N.N-dipropyl-4-(trifluoromethyl)::T
95-63-6 1,2,4-Trimethylbenzene 1.0
126-72-7 Tris(2,3-dibromopropyl) phosphate ... 0.1
51-79-6 Urethane (Ethyl carbamate) 0.1
7440-62-2 Vanadium (fume or dust) 1.0
108-05-4 Vinyl acetate 1.0
593-60-2 Vinyl bromide 0.1
75-01-4 Vinyl chloride 0.1
75-35-4 Vinyiidene chloride 1.0
1330-20-7 Xylene (mixed isomers) 1.0
108-38-3 m-Xylene 1.0
95-47-6 o-Xylene 1.0
106-42-3 p-Xylene 1.0
87-62-7 2,6-Xylidine 1.0
7440-66-6 Zinc (fume or dust) 1.0
12122-67-7 Zineb [Carbamodithioic acid, 1,2- 1.0
ethanediylbis-, zinc complex]
22
. I.U
*
-------
CHEMICAL
CATEGORIES
Section 313 requires emissions reporting on the
chemical categories listed below, in addition to the spe-
cific chemicals listed above.
The metal compounds listed below, unless other-
wise specified, are defined as including any unique
chemical substance that contains the named metal (i.e.,
antimony, copper, etc.) as part of that chemical's struc-
ture.
Chemical categories are subject to the 1 percent
de minimis concentration unless the substance involved
meets the definition of an OSHA carcinogen.
Antimony Compounds
Arsenic Compounds
Barium Compounds
Beryllium Compounds
Cadmium Compounds
Chlorophenols
Chromium Compounds
Cobalt Compounds
Copper Compounds
Cyanide Compounds - X+CN~ where X = H +
or any other group where a formal dissociation
may occur. For example KCN or Ca(CN)2
Glycol Ethers - includes mono- and di-ethers of
ethylene glycol, diethylene glycol, and triethylene
glycol. Polymers are excluded from the glycol ether
category.
Lead Compounds
Manganese Compounds
Mercury Compounds
Nickel Compounds
Polybrominated Biphenyls (PBBs)
Selenium Compounds
Silver Compounds
Thallium Compounds
Zinc Compounds
23
-------
FOR MORE
INFORMATION
Write to:
Emergency Planning and Community Right-to-Know
Information Hotline,
401 M St., SW (OS-120)
Washington, D.C. 20460
Or for regulatory and technical assistance, call:
Emergency Planning and (800) 535-0202
Community Right-to-Know or
Information Hotline, (202) 479-2449
8:30-7:30 Eastern Time (in Washington, D.C.
and Alaska)
Asbestos and Small (800) 368-5888
Business Ombudsman or
Hotline (703) 557-1938
(in Washington, D.C.
and Virginia)
Other Information:
• EPA is developing a series of videotapes to help
plain the Emergency Planning and Community
Right-to-Know Act. For more information on the
video tapes, call the Emergency Planning and Com-
munity Right-to-Know Information Hotline.
• EPA's technical guidance on Estimating Releases
(EPA 560/4-88-002) is available from: Superinten-
dent of Documents, Government Printing Office,
Washington, DC 20402-9325, (202) 783-3238,
Stock Number: 055-000-00270-3, $11.00.
• EPA's Comprehensive List of Chemicals Subject to
Reporting under the Act (Title III List of Lists) is avail-
able as an IBM compatible disk from: The National
Technical Information Service, 5285 Port Royal
Road, Springfield, VA 22161, (703) 487-4650. Docu-
ment Number:
PB 88-193255, $50.00.
24
ir U. S. GOVERNMENT PRINTING OFFICE: 1989. 619-517/00802
-------
AVAILABLE FROM EPA
Lrhecfc the boxes below to receive reporting
torns and pubficaticm about Section 313. Remove
, put it in an envelope, and mail it to:
Knew Document Dim •KidonCcnttr, P.O. Boat
12505, OnctaMO, OH 45212. (Please correct your
mailing label if necessary.)
a TWe insertion 313 Reporting Form Rand trattuc-
ttan6(EPA5«V4-88-006)
o TRt Maonrtc Mecte Submission Guidance Pack-
aOB(EPA56tV7-88-003)
a Toadc Chemictf nplanma (nvantory QuasBons and
Answers Document (EPA 560/4-89-002)
a Section 313 Techntati Ques«ons and Answers
nant
Oommon Synonyms tar Section 313 Chemicals
(OTS-ETD-OD1)
O)mpreh8rwh«UstofaiemkateSubjecttoFtoport-
ing unUr ttw Act fTWe W Ust Of UM^
Suppltar NdMaHton Requirements Brochure
(EPA 560/4-8
0
a
o
a
a
a
a
a
o
o
a
a
a
MonoAvrant Rbv Itanuhdure
EPA58DW-aB-004^
lMngOfMralo(»^>A5IKV4-aB-<)04t4
T«rtfcDy*i(0»*SeaA»-8B-00«i)
•ntfOmaund*
-------
Office of Pesticides
and Toxic Substances
EPA560'4-88-001
February 1988
4>EPA The Emergency
Planning
and Community
Right-to-Know Act
Section 313 Release
Reporting Requirements
-------
This brochure contains information about a
new federal law, the Emergency Planning and
Community Right-to-Know Act. This law establishes
a structure at the State and local levels to assist
communities in planning for chemical emergencies
and recjuires facilities to provide information on
various chemicals present in the community. The
act recruires that this information be made available
to the public. One of the requirements concerns the
reporting of annual releases of toxic chemicals to .
the air, water, and land. These provisions are
outlined in Section 313 which mandates release
reporting for over 300 chemicals. Other reporting
recfuirements are included elsewhere in the act.
This booklet deals with Section 313.
It is important that you read this information to
see if you are subject to Section 313 reporting
reo^iirements. The first reports under this section,
covering the 1987 calendar year, are due by July 1,
1988. EPA is responsible for administering this
section and for developing a database that will
make information in the reports available to the
public.
The Emergency Planning and Community
Right-to-Know Act is important in providing to the
public information about chemicals in the
community. I look forward to working with you to
make its implementation a success.
J>
The Emergency
Planning and
Community
Right-to-Know Act
CPA has prepared this brochure to alert
businesses to their reporting obligations under Sec-
tion 313 of the Emergency Planning and Commun-
ity Right-to-Know Act, and to help you determine
whether your facility is covered under the new
law. If you are covered, this brochure will also
help you prepare to meet your reporting obliga-
tions. If you are uncertain whether you are cov-
ered, it will tell you how to get assistance.
This brochure deals with reporting require-
ments of only one section of the Emergency Plan-
ning and Community Right-to-Know Act: Section
313, which pertains to release reporting. Other
planning and reporting requirements may also
affect your business. The nearest EPA regional
office can provide complete details, but the other
basic requirements of the Act are as follows:
Facilities that have on their premises
chemicals designated under the Act
as "extremely hazardous substances"
must cooperate with state and local
planning officials in preparing
comprehensive emergency plans
(Sections 302 and 303);
•
Facilities must report accidental
releases of "extremely hazardous
substances" and CERCLA "hazardous
substances" to state and local
response officials (Section 304); and
Lee M. Thomas
Administrator,
Environmental Protection Agency
-------
Facilities must make Material Safety
Data Sheets (MSDSs) available to
local and state officials and must also
report, to local and state officials,
inventories (including locations) of
chemicals on their premises for
which MSDSs exist (Sections 311
and 312).
•
For more information on the Emergency Plan-
ning and Community Right-to-Know Act, ask your
regional EPA office for the Title HI Fact Sheet. Or
call the Emergency Planning and Community
Right-to-Know Information Hotline, 800-535-0202.
Who
Must
Report
plant, factory, or other facility comes
under the provisions of Section 313:
If it conducts manufacturing
operations (that is, if it is included in
Standard Industrial Classification
(SIC) codes 20 through 39, listed on page 8);
Report Toxic
Chemical
U
Pnder Section 313 of the Emergency Plan-
ning and Community Right-to-Know Act,* certain
businesses are now required to submit reports each
year on the amounts of chemicals their facilities
release into the environment, either routinely or as
a result of accidents. The purpose of this reporting
requirement is to inform government officials and
the public about releases of toxic chemicals into
the environment. Section 313 requires facilities to
report releases to air, water, and land. The reports
must be sent to the United States Environmental
Protection Agency (EPA) and to designated state
agencies. The first annual report, for the 1987
calendar year, is due by July 1, 1988. Those who
fail to report as required are subject to civil penal-
ties of up to $25,000 a day.
The final Toxic Chemical Release Inventory
rule under Section 313 was published in the
Federal Register in February 1988.
•The Act is also known as Title III of SARA (the Superfund Amend-
ments and Reauthorization Act).
If, in addition, it has 10 or more full-
time employees; and
•
If, in addition to the above, it
manufactures, imports, processes, or
in any other way uses any of the
toxic chemicals listed on pages 16-23
in amounts greater than the
"threshold" quantities specified ;
below. At present, 308 individual
chemicals and 20 categories of
chemicals are covered. The list may
be changed in future years.
•
Thresholds
Thresholds are volumes of chemicals that
trigger reporting requirements.
If you manufacture or process any of the
listed toxic chemicals, the threshold quantity will
be:
• 75,000 pounds during calendar
year 1987;
• 50,000 pounds in 1988; and
• 25,000 pounds in 1989 and
subsequent years.
If you use any listed chemical in any other
way (without incorporating it into any product or
-------
producing it at the facility), the threshold quantity
is:
• 10,000 pounds in calendar year
1987 and in subsequent years.
What is meant by the terms "manufacture,"
"process," or "otherwise use"?
• Manufacture—means to produce,
prepare, import or compound one
of the chemicals on the list. For
example, if you make a dye for
clothing by taking raw materials
and reacting them, you are manu-
facturing the dye. You would also
be covered if you were a textile
manufacturer who imported a dye
on the list for purposes of applying
it to fabric produced at your plant.
• Process—in general, includes
making mixtures, repackaging, or
using a chemical as a feedstock,
raw material, or starting material
for making another chemical. Pro-
cessing also includes incorporat-
ing a chemical into an article (e.g.,
using dyes to color fabric [the fab-
he is the article that the dye is
being incorporated into]).
Examples of processing include:
D The use of a solvent as a diluent when
making a paint or coating;
n Using a chemical as an intermediate in
the manufacture of a pesticide (e.g.,
using chemical A to make chemical B).
• Otherwise Use—applies to any
use of a toxic chemical at a cov-
ered facility that is not covered by
the terms "manufacture" or "pro-
cess" and includes use of a toxic
chemical contained in a mixture or
trade name product.
Examples include:
D Using chlorine as a biocide in plant
cooling water;
o Using trichloroethylene to degrease
tools;
D Using chlorine in waste water
treatment.
Section 313 defines a "facility" as all build-
ings, equipment, structures, and other stationary
items which are located on a single site or on con-
tiguous or adjacent sites and which are owned or
operated by the same person. Warehouses on the
same site as covered facilities are covered at the
threshold levels given above. Stand-alone ware-
houses that do not support a manufacturing opera-
tion are not currently covered.
The reporting thresholds apply to toxic
chemicals known by the owner or operator to be
used in amounts above the thresholds. Beginning
in 1989, Section 313 will require suppliers of mix-
tures and trade name products to notify customers
of the presence of Section 313 listed chemicals
in their products beyond certain de minimis con-
centrations (these cutoffs are discussed under . •
"Exemptions").
Exemptions
Under certain circumstances, some or all of
the reporting requirements under Section 313 may
not apply to a facility. The following are the major
exemptions:
* De minimis concentrations of toxic chem-
ical in a mixture. In determining whether the
amount of a toxic chemical used at your facility
exceeds the reporting threshold listed on pages 3
and 4, you are not required to count the amount of
chemical present in a mixture if
its concentration is less than 1
percent of the mixture, or
•
its concentration is less than 0.1
percent of any mixture when the
chemical is defined by OSHA as
carcinogenic.
-------
> Articles. In considering whether a report-
ing threshold has been exceeded, you are not re-
quired to count toxic chemicals present in articles
at your facility. An "article" is defined as a
manufactured item that meets certain criteria, one
of which is that it does not release a toxic chemical
under normal conditions of processing or use.
> Specified Uses. In considering whether a
reporting threshold has been exceeded, you are not
required to count toxic chemicals that are used at
your facility for any of the following purposes:
As a structural component of the
facility;
In routine janitorial or facility
grounds maintenance;
In foods, drugs, cosmetics, or other
items for personal use, including
supplies of such items (for example,
in a facility-operated cafeteria);
In motor vehicle maintenance; or
In process water and non-contact
cooling water as drawn from the en-
vironment or from municipal sources,
or in air used either as compressed
air or as part of combustion.
> Laboratories. In considering whether a re-
porting threshold has been exceeded, you are not
required to count toxic chemicals that are manu-
factured, processed, or used in a laboratory at a
covered facility under the supervision of a tech-
nically qualified individual. This exemption does
not apply to specialty chemical production or to
production, processing, or use of toxic chemicals
in pilot plant scale operations.
* Owners of Leased Property. The owner
of a covered facility is not subject to reporting
under Section 313 if the owner's only interest in
the facility is ownership of the real estate upon
which the facility is operated.
If you need further clarification of exemp-
tions, call the Emergency Planning and Com-
munity Right-to-Know Information Hotline,
800-535-0202.
How
to
Report
I he owner or operator of a covered facility
must report annually. Each report must be submit-
ted on or before July 1 for activities during the
previous calendar year.
EPA will provide a reporting form (EPA
Form R) with instructions and technical guidance
on how to calculate chemical releases or emissions
from your facility. To obtain the reporting form,
instructions, and technical guidance, check the
boxes for those publications on the back cover, de-
tach the cover, and mail it in. Or call the Emer-
gency Planning and Community Right-to-Krow
Information Hotline (800-535-0202) or any of the
EPA regional offices listed on pages 13-15.
You are not required to measure or monitor
releases for purposes of Section 313 reporting.
You may use readily available data to report the
quantities of chemicals that you use and the
amounts released into the environment. If you
have no data available, the law permits you to
report reasonable estimates. EPA's technical
guidance on calculating releases can help you in
making estimates. This guidance is available from
the sources shown on pages 13-15.
-------
SIC Groups
Subject to
Section 313
SIC Industry Group
20 Food
21 Tobacco
22 Textiles
23 Apparel
24 Lumber and Wood
25 Furniture
26 Paper
27 Printing and Publishing
28 Chemicals
29 Petroleum and Coal
30 Rubber and Plastics
31 Leather
32 Stone, Clay, and Glass
33 Primary Metals
34 Fabricated Metals
35 Machinery (Excluding Electrical)
36 Electrical and Electronic Equipment
37 Transportation Equipment
38 Instruments
39 Miscellaneous Manufacturing
For more information on SIC (Standard
Industrial Classification) codes, please consult
"Standard Industrial Classification Manual 1987,"
available from:
National Technical Information Service
5285 Port Royal Road, Springfield, VA
22161
Phone: (703) 487-4650
What
You Must
Report
• ou must report the following information
for each listed chemical manufactured, imported,
processed, or used at your facility in yearly
amounts which exceed the threshold:
The name and location of your
facility;
•
The identity of the listed toxic
chemical (unless you claim its
identity to be a trade secret);
or
•
Whether you manufacture, import,
process the chemical, or use it in
any other way;
The maximum quantity of the
chemical on site at any time during
the year;
•
The total quantity of the chemical
released during the year, including
both accidental spills and routine
emissions — separate estimates must
be provided for releases to air,
.water, and land (e.g., deep well
injection, permitted landfill);
•
Off-site locations to which you
shipped wastes containing the
chemical and the quantities of that
chemical sent to those locations; and
-------
Treatment or disposal methods used
for wastes containing the chemical
and estimates of their efficiency for
each chemical (efficiency of
treatment methods used on site).
•
For purposes of Section 313, a release is
defined as any spilling, leaking, pumping, pour-
ing, emitting, emptying, discharging, injecting,
escaping, leaching, dumping or disposing into
the environment (including the abandonment or
discarding of barrels, containers, and other closed
receptacles) of any "toxic chemical" (i.e., any of
the chemicals on pages 16-23).
Public
Access to
Reports
I he law requires facilities covered by Sec-
tion 313 to send toxic chemical release reports
both to EPA and to the state in which the facility is
located. At EPA, the Office of Toxic Substances
will be responsible for receiving and processing
the data. Your EPA regional office can tell you
what agency has been designated to receive reports
in your state.
EPA is required by law to make the data in
the reports available to the public through a com-
puter database. (You can claim the chemical iden-
tity to be a trade secret, but you must justify the
claim to EPA.) The database is intended to help
answer citizens' questions about chemical releases
in their community. The users of the data are also
likely to include researchers from government or
universities conducting environmental analyses.
EPA expects to use the data in a variety of ways,
including targeting problem pollution areas and
as a screening tool for developing standards and
regulations.
What
You Can
Do Now
• ou can begin planning now to make com-
pliance with Section 313 as easy and inexpensive
as possible. The steps are as follows:
10
II
-------
] If you have 10 or more full-time employees,
check the SIC code list on page 8 to deter-
mine whether your facility is covered.
] Check the list of toxic chemicals covered
by Section 313 (pages 16-23) to see if any
are manufactured, imported, processed, or
in any other way used by your facility. For
reporting years 1987 and 1988 you must re-
port based on data available to you. For re-
porting year 1989 and subsequent years,
your chemical supplier is required to inform
you if any of the 313 chemicals is contained
in mixtures sold to you.
] Determine whether you handle any chemi-
cal on the list in an amount greater than the
thresholds on pages 3-4.
] If you meet the criteria, request copies of
the reporting form, instructions, and any of
the appropriate guidance documents listed
at the back of this brochure.
I Begin to develop the appropriate informa-
tion to report your 1987 releases.
I Put in place a recordkeeping system that
will help you estimate releases for 1988 and
future years.
You should designate someone at your facil-
ity to be responsible for reporting under Section
313. That person should obtain reporting forms
and instructions and should be aware of the first
reporting deadline: July 1, 1988.
The reporting forms and instructions can be
obtained by mailing in the order form on the inside
back cover. Or call the Emergency Planning and
Community Right-to-Know Information Hotline or
one of the EPA regional offices listed on pages
13-15.
For
More
Information
Emergency Planning and
Community Right-to-Know
Information Hotline,
8:30-4:30 Eastern
Standard Time.
Small Business Ombudsman
12
800-535-0202
or
202-479-2449
(in Washington, D.C.
and Alaska)
800-368-5888
or
703-557-1938
(in Washington, D.C.
and Virginia)
EPA is developing a series of videotapes to
help explain the Emergency Planning and Com-
munity Right-to-Know Act. For more information
on the videotapes, call the Emergency Planning
and Community Right-to-Know Information Hotline.
Section 313 ERA Regional Contacts
Region 1
Pesticides & Toxic Substances Branch
USEPA Region 1
APT 2311
JFK Federal Building
Boston, MA 02203
(617)565-3273
Connecticut, Massachusetts, Maine,
New Hampshire, Rhode Island, Vermont
Region 2
Pesticides & Toxic Substances Branch
USEPA Region 2
Woodbridge Avenue, Building 209
Edison, NJ 08837
(201)321-6765
New Jersey, New York, Puerto Rico,
Virgin Islands
13
-------
Region 3
Toxics & Pesticides Branch
USEPA Region 3
841 Chestnut Street
Philadelphia. PA 19107
(215)597-1260
Delaware. Maryland, Pennsylvania,
Virginia. West Virginia, District of Columbia
Region 4
Pesticides & Toxic Substances Branch
USEPA Region 4
345 Courtland Street, N.E.
Atlanta, GA 30365
(404) 347-3222
Alabama. Florida, Georgia.
Kentucky. Mississippi. North Carolina.
South Carolina, Tennessee
Region 5
Pesticides & Toxic Substances Branch
USEPA Region 5
5S PT-7
536 So. Clark Street
Chicago. IL 60605
(312)886-6418
Illinois. Indiana, Michigan.
Minnesota. Ohio. Wisconsin
Region 6
Pesticides & Toxic Substances Branch
USEPA Region 6
Allied Bank Tower
1445 Ross Avenue
Dallas, TX 75202-2733
(214)655-7244
Arkansas. Louisiana. New Mexico,
Oklahoma. Texas
Region 7
Office of Congressional and Intergovernmental Liaison
USEPA Region 7
726 Minnesota Avenue
Kansas City. KS 66101
(913)236-2806
Iowa. Kansas. Missouri. Nebraska
Region 8
Toxic Substances Branch
USEPA Region 8
999 18th Street. Suite 500
Denver. CO 80202-2413
(303)293-1730
Colorado. Montana. North Dakota.
South Dakota. Utah. Wyoming
Region 9
Pesticides & Toxic Substances Branch
USEPA Region 9
P-5-1
215 Fremont Street
San Francisco. CA 94105
(415)974-7054
Arizona, California, Hawaii.
Nevada. American Samoa. Guam.
Trust Territories of the Pacific
Region 10
Pesticides & Toxic Substances Branch
USEPA Region 10
1200 Sixth Avenue
Seattle. WA 98101
(206) 442-1270
Alaska, Idaho, Oregon, Washington
14
15
-------
Chemicals
Subject to
Section 313
Reporting
Chemical
abstract service
(CAS) number
Chemical name
Chemical
abstract service
(CAS) number
Chemical name
75-07-0 Acetaldehyde
60-35-5 Acetamide
67-64-1 Acetone
75-05-8 Acetonitrile
53-96-3 2-Acetylaminofluorene
107-02-8 Acrolein
79-06-1 Acrylamide
79-10-7 Acrylic acid
107-13-1 Acrylonitrile
309-00-2 Aldrin
107-05-1 Ally 1 chloride
7429-90-5 Aluminum (fume or dust)
1344-28-1 Aluminum oxide
117-79-3 2-Aminoanthraquinone
60-09-3 4-Aminoazobenzene
92-67-1 4-Aminobiphenyl
82-28-0 l-Amino-2-methylanthraquinone
7664-41-7 Ammonia
6484-52-2 Ammonium nitrate (solution)
7783-20-2 Ammonium sulfate (solution)
62-53-3 Aniline
90-04-0 o-Anisidine
104-94-9 p-Anisidine
134-29-2 o-Anisidine hydrochloride
120-12-7 Anthracene
7440-36-0 Antimony
* Antimony Compounds
7440-38-2 Arsenic
* Arsenic Compounds
1332-21-4 Asbestos (friable)
7440-39-3 Barium
* Barium Compounds
98-87-3 Benzal chloride
55-21-0 Benzamide
71-43-2 Benzene
92-87-5 Benzidine
98-07-7 Benzoic trichloride (Benzotrichloride)
•See page 23.
16
98-88-4
94-36-0
100-44-7
7440-41 -7
*
92-52-4
111-44-4
542-88-1
108-60-1
103-23-1
75-25-2
74-83-9
106-99-0
141-32-2
71-36-3
78-92-2
75-65-0
85-68-7
106-88-7
123-72-8
2650-18-2
3844-45-9
4680-78-8
569-64-2
989-38-8
1937-37-7
2602-46-2
16071-86-6
2832-40-8
3761-53-3
81-88-9
3118-97-6
97-56-3
842-07-9
492-80-8
128-66-5
7440-43-9
*
156-62-7
133-06-2
63-25-2
75-15-0
*See page 23.
Benzoyl chloride
Benzoyl peroxide
Benzyl chloride
Beryllium
Beryllium Compounds
Biphenyl
Bis(2-chloroethyl) ether
Bis(chloromethyl) ether
Bis(2-chloro-l-methylethyl) ether
Bis(2-ethylhexyl) adipate
Bromoform (Tribromomethane)
Bromomethane (Methyl bromide)
1.3-Butadiene
Butyl acrylate
n-Butyl alcohol
sec-Butyl alcohol
tert-Butyl alcohol
Butyl benzyl phthalate'''
1.2-Butylene oxide
Butyraldehyde
C. . Acid Blue 9. diammonium sal
C. . Acid Blue 9. disodium salt*
C. . Acid Green 3
C. . Basic Green 4
C. . Basic Red 1
'C. . Direct Black 38
C. . Direct Blue 6
C. . Direct Brown 95
C. . Disperse Yellow 3
C. . Food Red 5
C. . Food Red 15
C. . Solvent Orange 7
C. . Solvent Yellow 3
C. . Solvent Yellow 14
C. . Solvent Yellow 34
(Aurimine)
C.I. Vat Yellow 4
Cadmium
Cadmium Compounds
Calcium cyanamide
Captan
Carbaryl
Carbon disulfide
Ms of January. 1988. EPA has been petitioned lo delete the
following chemicals from the Section 313 list: Butyl benzyl phthalate:
C.I. Acid Blue 9. diammonium salt: C.I. Acid Blue 9. disodium salt;
titanium dioxide, and melamine. Current information about reporting
requirements with respect to these chemicals can be obtained by
calling the Emergency Planning and Community Right-to-Know
Information Hotline. 800-535-0202.
17
-------
Chemical
abstract service
(CAS) number
Chemical name
56-23-5 Carbon tetrachloride
463-58-1 Carbonyl sulfide
120-80-9 Catcchol
133-90-4 Chloramben
57-74-9 Chlordane
76-13-1 Chlorinated fluorocarbon (Freon 113)
7782-50-5 Chlorine
10049-04-4 Chlorine dioxide
79-11-8 Chloroacetic acid
532-27-4 2-Chloroacetophenone
108-90-7 Chlorobenzene
510-15-6 Chlorobenzilate
75-00-3 Chloroethane (Ethyl chloride)
67-66-3 Chloroform
74-87-3 Chloromethane (Methyl chloride)
107-30-2 Chloromethyl methyl ether
* Chlorophenols
126-99-8 Chloroprene
1897-45-6 Chlorothalonil
7440-47-3 Chromium
* Chromium Compounds
7440-48-4 Cobalt
* Cobalt Compounds
7440-50-8 Copper
* Copper Compounds
120-71-8 p-Cresidine
1319-77-3 Cresol (mixed isomers)
108-39-4 m-Cresol
95-48-7 o-Cresol
106-44-5 p-Cresol
98-82-8 Cumene
80-15-9 Cumene hydroperoxide
135-20-6 Cupferron
* Cyanide Compounds
110-82-7 Cyclohexane
94-75-7 2.4-D
1163-19-5 DecabromodiphenyI oxide
2303-16-4 Diallate
615-05-4 2,4-Diaminoanisole
39156-41-7 2.4-Diaminoanisole sulfate
101-80-4 4,4'-Diaminodiphenyl ether
25376-45-8 Diaminotoluene (mixed isomers)
95-80-7 2,4-Diaminotoluene
334-88-3 Diazomethane
132-64-9 Dibenzofuran
96-12-8 1,2-Dibromo-3-chloropropane (DBCP)
106-93-4 1,2-Dibromoethane (Ethylene dibromide)
84-74-2 Dibutyl phthalate
25321-22-6 Dichlorobenzene (mixed isomers)
95-50-1 1,2-Dichlorobenzene
•See page 23.
18
Chemical
abstract service
(CAS) number
Chemical name
541-73-1 1,3-Dichlorobenzene
106-46-7 1,4-Dichlorobenzene
91-94-1 3.3'-Dichlorobenzidine
75-27-4 Dichlorobromomethane
107-06-2 1.2-Dichloroethane (Ethylene dichloride)
540-59-0 1.2-Dichloroethylene
75-09-2 Dichloromethane (Methylene chloride)
120-83-2 2.4-Dichlorophenol
78-87-5 1.2-Dichloropropane
542-75-6 1,3-Dichloropropylene
62-73-7 Dichlorvos
115-32-2 Dicofol
1464-53-5 Diepoxybutane
111-42-2 Diethanolamine
117-81-7 Di-(2-ethylhexyl) phthalate (DEHP)
84-66-2 Diethyl phthalate
64-67-5 Diethyl sulfate
119-90-4 3.3'-Dimethoxybenzidine
60-11-7 4-Dimethylaminoazobenzene
119-93-7 3.3'-Dimethylbenzidine (o-Tolidine)
79-44-7 Dimethylcarbamyl chloride
57-14-7 1.1 -Dimethyl hydrazine
105-67-9 2.4-Dimethylphenol
131-11-3 Dimethyl phthalate
77-78-1 Dimethyl sulfate
534-52-1 4.6-Dinitro-o-cresol ; :
51-28-5 2.4-Dinitrophenol
121-14-2 2.4-Dinitrotoluene
606-20-2 2.6-Dinitrotoluene
117-84-0 n-Dioctyl phthalate
123-91-1 1.4-Dioxane
122-66-7 1.2-Diphenyl hydrazine (Hydrazobenzene)
106-89-8 Epichlorohydrin
110-80-5 2-Ethoxyethanol
140-88-5 Ethyl aery late
100-41-4 Ethyl benzene
541 -41 -3 Ethyl chloroformate
74-85-1 Ethylene
107-21-1 Ethylene glycol
151-56-4 Ethyleneimine (Aziridine)
75-21-8 Ethylene oxide
96-45-7 Ethylene thiourea
2164-17-2 Fluometuron
50-00-0 Formaldehyde
* Glycol Ethers
76-44-8 Heptachlor
118-74-1 Hexachlorobenzene
87-68-3 Hexachloro-1.3-butadiene
77-47-4 Hexachlorocyclopentadiene
67-72-1 Hexachloroethane
*See page 23.
19
-------
Chemical
abstract service
(CAS) number
Chemical name
Chemical
abstract service
(CAS) number
Chemical name
1335-87-1 Hexachloronaphthalene
680-31 -9 Hexamethy Iphosphoramide
302-01-2 Hydrazine
10034-93-2 Hydrazine sulfate
7647-01-0 Hydrochloric acid
74-90-8 Hydrogen cyanide
7664-39-3 Hydrogen fluoride
123-31-9 Hydroquinone
78-84-2 Isobutyraldehyde
67-63-0 Isopropyl alcohol (only persons who
manufacture by the strong acid
process—no supplier notification)
80-05-7 4,4'-Isopropylidenediphenol
7439-92-1 Lead
* Lead Compounds
58-89-9 Lindane
108-31 -6 Maleic anhydride
12427-38-2 Maneb
7439-96-5 . Manganese
* Manganese Compounds
108-78-1 Melamine
7439-97-6 Mercury
* Mercury Compounds
67-56-1 Methanol
72-43-5 Methoxychlor
109-86-4 2-Methoxyethanol
96-33-3 Methyl acrylate
1634-04-4 Methyl tert-butyl ether
101-14-4 4,4'-Methylene bis(2-chloroaniline) (MBOCA)
101-61-1 4,4'-Methylene bis(N.N-dimethyl) benzenamine
101-68-8 Methylene bis(phenylisocyanate) (MBI)
74-95-3 Methylene bromide
101-77-9 4,4'-Methylene dianiline.
78-93-3 Methyl ethyl ketone
60-34-4 Methyl hydrazine
74-88-4 Methyl iodide
108-10-1 Methyl isobutyl ketone
624-83-9 Methyl isocyanate
80-62-6 Methyl methacrylate
90-94-8 Michler's ketone
1313-27-5 Molybdenum trioxide
505-60-2 Mustard gas
91-20-3 Naphthalene
134-32-7 alpha-Naphthylamine
91-59-8 beta-Naphthylamine
7440-02-0 Nickel
* Nickel Compounds
7697-37-2 Nitric acid
139-13-9 Nitrilotriacetic acid
99-59-2 5-Nitro-o-anisidine
98-95-3 Nitrobenzene
92-93-3 4-Nitrobiphenyl
1836-75-5 Nilrol'en
51-75-2 Nitrogen mustard
55-63-0 Nitroglycerin
88-75-5 2-Nitrophenol
100-02-7 . 4-Nitrophenol
79-46-9 2-Nitropropune
156-10-5 p-Nitrosodiphenylumine
121-69-7 N.N-Dimethylaniline
924-16-3 N-Nitrosodi-n-butylamine
55-18-5 N-Nitrosodiethylamine
62-75-9 N-Nitrosodimethylaminc
86-30-6 . N-Nitrosodiphenylamine
621-64-7 N-Nitrosodi-n-propylamine
4549-40-0 N-Nitrosomethylvinylamine
59-89-2 N-Nitrosomorpholine
759-73-9 N-Nitroso-N-ethylurea
684-93-5 N-Nitroso-N-methylurca
16543-55-8 N-Nitrosonornicotine
100-75-4 N-Nitrosopiperidine
2234-13-1 Octachloronaphthalene
20816-12-0 Osmium tetroxide
56-38-2 Parathion
87-86-5 Pentachlorophenol (PCP)
79-21-0 Peracetic acid
108-95-2 Phenol ;
106-50-3 p-Phenylenediamine
90-43-7 2-Phenylphenol
75-44-5 Phosgene
7664-38-2 Phosphoric acid
7723-14-0 Phosphorus (yellow or white)
85-44-9 Phthalic anhydride
88-89-1 Picric acid
* Polybrominated Biphcnyls (PBB)
1336-36-3 Polychlorinated Biphenyls (PCB)
1120-71 -4 Propane sultone
57-57-8 bela-Propiolactone
123-38-6 Propionaldehyde
114-26-1 Propoxur
115-07-1 Propylene (Propene)
75-55-8 Propyleneimine
75-56-9 Propylene oxide
110-86-1 Pyridine
91-22-5 Quinoline
106-51-4 Quinone
82-68-8 Quintozene (Pentachloronitrobenzene)
81-07-2 Saccharin (only persons who manufacture-
no supplier notification)
94-59-7 Safrole
7782-49-2 Selenium
* Selenium Compounds
•See page 23.
20
•See page 23.
21
-------
Chemical
abstract service
(CAS) number
Chemical name
Chemical
abstract service
(CAS) number
Chemical name
Silver
Silver Compounds
Sodium hydroxide (solution)
Sodium sulfate (solution)
Styrene (monomer)
Styrene oxide
Sulfunc acid
Terephthalic acid
1,1,2,2-Tetrachloroethane
Tetrachloroethylene (Perchloroethylene)
Tetrachlorvinphos
Thallium
Thallium Compounds
Thioacetamide
4,4'-Thiodianiline
Thiourea
Thorium dioxide
Titanium dioxidet
Titanium tetrachloride
Toluene
Toluene-2,4-diisocyanate
Toluene-2,6-diisocyanate
o-Toluidine
o-Toluidine hydrochloride
Toxaphene
Triaziquone
Trichlorfon
1,2,4-Trichlorobenzene
1,1,1-Trichloroethane (Methyl chloroform)
1,1,2-Trichloroethane
Trichloroethylene
2,4,5-Trichlorophenol
2,4,6-Trichlorophenol
Trifluralin
1,2,4-Trimethyl benzene
Tris(2,3-dibromopropyl) phosphate
Urethane (Ethyl carbamate)
Vanadium (fume or dust)
Vinyl acetate
Vinyl bromide
Vinyl chloride
Vinylidene chloride
Xylene (mixed isomers)
7440-22-4
*
1310-73-2
7757-82-6
100-42-5
96-09-3
7664-93-9
100-21-0
79-34-5
127-18-4
961-11-5
7440-28-0
*
62-55-5
139-65-1
62-56-6
1314-20-1
13463-67-7
7550-45-0
108-88-3
584-84-9
91-08-7
95-53-4
636-21-5
8001-35-2
68-76-8
52-68-6
120-82-1
71-55-6
79-00-5
79-01-6
95-95-4
88-06-2
1582-09-8
95-63-6
126-72-7
51-79-6
7440-62-2
108-05-4
593-60-2
75-01-4
75-35-4
1330-20-7
*See page 23.
tAs of January. 1988. EPA has been petitioned to delete the
following chemicals from the Section 313 list: Butyl benzyl phthalate:
C.I. Acid Blue 9. diammonium salt: C.I. Acid Blue 9. disodium salt:
titanium dioxide, and melamine. Current information about reporting
requirements with respect to these chemicals can be obtained by
calling the Emergency Planning and Community Right-to-Know
Information Hotline. 800-535-0202.
22
108-38-3
95-47-6
106-42-3
87-62-7
7440-66-6
*
12122-67-7
*See page 23.
m-Xylene
o-Xylene
p-Xylene
2,6-Xylidine
Zinc (fume or dust)
Zinc Compounds
Zineb
Chemical
Categories
Section 313 requires emissions reporting on the chemical
categories listed below, in addition to specific chemicals listed
above.
The compounds listed below, unless otherwise specified, are
defined as including any unique chemical substance that contains
the named chemical (i.e.. antimony, arsenic, etc.) as part of that
chemical's structure.
• Antimony Compounds
• Arsenic Compounds
• Barium Compounds
• Beryllium Compounds
• Cadmium Compounds
• Chlorophenols
• Chromium Compounds
• Cobalt Compounds
• Copper Compounds
• Cyanide Compounds—X' CN where X = H' or any other
aroup where a formal dissociation may occur. For example
KCNorCa(CN):
• Glycol Ethers—includes mono- and di-ethers of ethylene
alycol. diethylene glycol, and triethylene glycol
R—(OCH2CH2),—OR'
Where n = I. 2. or 3
R = alkyl or aryl groups
R' = R. H. or groups which, when
removed, yield glycol ethers with the structure:
R — (OCH2CH),— OH
Polymers are excluded from the glycol ether category.
• Lead Compounds • Selenium Compounds
• Manganese Compounds • Silver Compounds
• Mercury Compounds • Thallium Compounds
• Nickel Compounds • Zinc Compounds
• Polybrominated Biphenyls (PBBs)
23
"U.S. C.P.O. 1988-516-002:80029
-------
Available
from EPA
the boxes below for reporting forms
and any additional publications about Section 313
that you wish to receive. Remove this page, put it
in an envelope, and mail it to: Emergency Plan-
ning and Community Right-to-Know Information
Hotline. 401 M St.. SW^(WH-562A), Washing-
ton. DC 20460. (Please correct your mailing label
if necessary.)
7J Title III Section 313 Reporting Form (EPA Form.'
77i Instructions for Completing Form R
77! Estimating Releases and Waste Treatment Efficiencies
for the Toxic Chemical Release Inventory Form
(Technical Guidance)
77 Industry Specific Technical Guidance
Documents for estimating releases:
•""; Electroplating Operations
_J Primary Lead, Zinc, and Cadmium Smelting •
77l Apparel Manufacturing
77 Presswood and Laminated Wood Products
Manufacturing
7j Wood Preserving
77 Roller, Knife, and Gravure Coating Operations
77 Spray Application of Organic Coatings
77 Electrodeposition of Organic Coatings
77 Rubber Production and Compounding
71 Paper and Paperboard Production
^7: Primary Aluminum Smelting
77 Primary Copper Smelting
77 Leather Tanning and Finishing Processes
77 Semiconductor Manufacture
71 Printing Operations
77i Monofilament Fiber Manufacture
77 Textile Dyeing
77 Formulating Aqueous Solutions
n Common Synonyms for Section 313 Chemicals
77' Comprehensive List of Chemicals Subject to Reporting
under the Act
-------
C-3
-------
Special: Publicly Available Title III Documents
LIST OK PUBLICLY AVAILABLE TITLE 111 DOCU-
MENTS AS OF AUGUST 27,1988
The following documents arc available by written re-
quest to:
Emergency Planning and Community Right to Know
Mailcodc:OS-l2()
-KM MSI reel SW
Washington, DC 20460
Title III Factsheet
(Being printed)
A 9-page summary of the Emergency Planning and
Community Right to Know Act of 1986. This document in-
cludes (he requirements of each section, the facilities
covered by each section and a chart of key dales for Title
III.
Extremely Hazardous Substances List and
TJireshold Planning Quantities; Emergency Plan-
ning and Release Notification Requirements; Final
Rule
FR April 22, 1987.
This Federal Register contains (he final rule on Sections
302 and 3(M ol Title III, the emergency planning and emer-
gency notification sections. This document does not con-
lain (he extremely ha/ardous substance list; that list is an
appendix to this Federal Register and is distributed
separately.
Extremely Hazardous Substance List
March I, 1988
The complete list of extremely ha/ardous 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.
Emergency and Hazardous Chemical Inventory
Forms and Community Right-to-Know Reporting
Requirements; Final Rule
FR October 15, 1987
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.
Toxic Chemical Release Reporting; Community
Right-to-Know; Final Rule
FR February 16, 1988
The final rule on Section 313 of Title III, toxic chemical
release reporting. This Federal Register contains the loxic
chemical release invenlory reporting form. Form R. It also
contains a list of the Section 313 toxic chemicals. Copies
available now.
Toxic Chemical Release Inventory Reporting Form
R and Instructions
March 1988
Step by step expanded instructions for completing the
toxic chemical release inventory reporting Form R. This
document includes a sample completed Form R and a list
of the state 313 contacts as well as a copy of Form R.
Trade Secrecy Claims for Emergency Planning and
Community Right-to-Know Information; and
Trade Secret Disclosures to Health Professionals;
Final Rule
FR July 1988
The finaJ rule containing the procedures for claims of
trade secrecy, for EPA's handling of such claims, lor sub-
mission and handling of petitions requesting reviews of
Irade secrecy claims, and for disclosure to health profes-
sionals of information claimed as trade secret. This
Federal Register contains the substantiation form and in-
structions.
Trade Secret Substantiation Form
This form is for substantiation of trade secret claims
under Section 322 of Title III and includes the instructions.
The Emergencv Planning and Community Right-
to-Know Act Section 3l3 Release Reporting Re-
quirements
February 1988
This 23 page brochure alerts businesses to their report-
ing obligations under Section 313 and helps them deter-
mine whether their facility is required to report. The
brochure contains the Section 313 EPA Regional contacts,
(he Section 313 loxic chemical list and a description of the
Standard Industrial Classification, (SIC), Groups subject
to Section 313. This brochure was originally distributed to
every manufacturing facility in U.S. The brochure is cur-
rently being updated and translated into Spanish. The
-------
......... -j.i uc avauaoie in both English and
Spanish oy November.
Technical Guidance for Hazards Analysis
December 1987
This document provides technical assistance to local
emergency planning committees in assessing the lethal
(wards related to releases of airborne extremely haxard-
ous .substances. This guide should be used with NRT-1,
Hazardous Materials Emergency Planning Guide.
Title III List of Lists
Januar
A consolidated list of chemicals subject to reporting
under Title III of SARA. This document lists by CAS num-
ber 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. An updated version of the list will
be available in November. A disk based version of this
document is available from the National Technical Invfor-
malion Service (NTLS).
Lai ofSERCs
January 19, 1988
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.
Industry' Specific Technical Guidance Documents
for Estimating Releases
January - July 1988
These documents were developed to assist specific in-
dustries with completion of Part HI (Chemical Specific In-
formation) of the toxic chemical release inventory
reporting form. The documents include general informa-
tion on the toxic chemicals used and process wastes
generated, along with examples of release estimate calcula-
tions.
Electroplating Operations January 1988
Prexswood and Laminated Wood Products Manufactur-
ing March 1988
Wood Presen'ing February 1988
Roller, Knife and Gravure Coating Operation^ February
1988
Spray Application of Organic Coatings January 1988
Eleclrodeposilion of Organic Coatings January 1988
Rubber Production and Compounding March 1988
Paper and Paperboard Production February 1988
Leather Tanning and Finishing Processes February 1988
Semiconductor Manufacture January 1988
Printing Operations January 1988
Monofilament Fiber Manufacture January 1988
Textile Dyeing February 1988
. Formulating Aqueous Solutions March 1988
Limited supplies of these documents are now available^
Toxic Chemical Release Inventory Questions and
Answers
March 1988"
This document has been developed to expedite
reporting and to provide additional explanation of I he
reporting requirements under Section 313 of Title III. It
supplements the instructions for completing Form R. The
document number is EPA-5(>0/4-88-(K)(>. Revised edition
available 2/15/89.
Toxic Chemical Release Inventory Magnetic Media
Submission Instructions
March 1988
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.
Review of Emergency Systems Final: Report to
Congress
June 1988
This document details the approach, findings and
recommendations of the EPA's Review of Emergency Sys-
tems. This report documents the surveys, evaluations, site
visits and expert panels which contributed to the Review.
Common Synonyms for Chemicals Listed Under
Section 313 of trie Emergency Planning and Com-
munity Right-to-Know Act
January 1988
This glossary is divided into two parls. Part I is a listing
by CAS number of each Section 31.3 loxic chemical fol-
lowed by common synonyms for that chemical. Part 2 con-
tains names and synonyms in an alphabetical listing. This
glossary enables the trade and common names of a sub-
stance to be matched to thai substance's CAS number or
to other synonyms. 1988 supplies exhausted. Additional
copies available by 9/15.
THE FOLLOWING DOCUMENTS ARE AVAILALBE
FROM OTHER SOURCES:
Hazardous Materials Emergency Planning Guide
(NRT-1)
March 1987
The purpose of this guide is to assist communities in
planning for hazardous materials incidents. This guide out-
lines the development of planning teams and ha/ardous
materials emergency plans. It also addresses approaches
to plan appraisal and continuing planning.
This document is available through written request to:
-------
Ha.-mut Planning Guide (NRT-1)
OS-120
401 MSt. SW
Washington, DC 20460
Phase II Toxic Chemical Release Interpretive
Documents
These documents provide assistance in interpreting and
understanding the information collected under the toxic-
chemical release reporting requirements:
Toxic Chemical Releases and Your Right-to-Know
(brochure)
Questions and Answers About the Emergency Planning
and Community Right-to-Know Act and the Toxic
Release Inventory for Use by State/Local Officials (24
page booklet)
Summarv of Regulatory Levels, Standards and
Tlireshold Limit Values on TRJ Chemicals (IBM
compatible floppy disk)
Hazardous Substance Fact Sheets
These documents are distributed through:
TSCA Assistance Office
US EPA (TS-799)
4()l M Street SW
Washington, DC 20460
Attn: TSCA Hotline (TRI)
Estimating Releases and Waste Treatment Efficien-
cies for the Toxic Chemical Release Inventory Form
December 1987
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 on release estimation are also
provided. Limited numbers of copies wilJ be distributed to
each region for seminars and training sessions.
This document is available for $11 through the:
Superintendent of Documents
Government Printing Office
Washington DC 20402-9325
Telephone number (202) 783-3238
The GPO stock number is 055-000-00270-3.
1987 Emergency Response Guidebook
September 1987
This guidebook list over 1,000 hazardous materials by
name and DOT number. General hazards and isolation
distances for these materials are aJso discussed.
This document is available through:
Office of Hazardous Materials Transportation
Attn: DMH-50
Research and Special Projects Administration/DOT
400 7th Street, SW
Washington, DC 20590
THE FOLLOWING DOCUMENTS WILL BE AVAIL-
ABLE IN THE NEAR FUTURE.
Important Information for Chemical Suppliers,
Supplier Notification Requirements
This pamphlet assists chemical suppliers who may he
subject to the supplier notification requirements under
Section 313 of Title Ml. The pamphlet explains the sup-
plier notification requirements, gives examples of situa-
tions which require notification, describes (he trade secret
provision, lists the Regional Section 313 contacts, and con-
tains a sample notification. This document is currently in
print. Mass mailings to chemical suppliers will be con-
ducted in September and October. additionaJ copies will
be sent to the Regions and relevant trade associations.
Community Right-to-Know and Small Business
(Brochure)
This illustrated brochure is directed toward businesses
which will be newly covered under Section 311 and 312 of
Title III as a result of the OSHA expansion of the Ha/ard
Communication Standard to include non-manufacturing
businesses. The brochure provides background informa-
tion on Title III and the community-right-to-know report-
ing requirements (Sections 311 and 312). It describes the
reporting requirements for small businesses and helps
them determine if they need to comply.
Chemicals in Your Community,, A Citizen's Guide
to the Emergency Planning and Community Right-
to-Know Act.
This booklet is intended for all audiences to provide a
general overview of the Title III requirements and
benefits. 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
this law. This document should be available by the end of
October.
Title III and LEPCs: Implementing the Emergency
Planning and Community Right-to-Know Act
The purpose of this pamphlet is to offer suggestions to
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 FEMA ex-
periences.
Toxic Release Inventory- Technical Questions and
Answers
This document is similar in style to the other TRI O&A
document. This document focuses on technical questions
on release estimation and other chemical and engineering
issues. Available March 1989.
-------
3/15/89
ROSTER
EMERGENCY PLANNING/COMMUNITY RIGHT TO KNOW
OUTREACH SUBCOMMITTEE
HEADQUARTERS REPRESENTATIVES
CHAIR:
SUSAN BULLARD, OEA COMMUNICATIONS COORDINATOR/
OSWER
MAIL CODE
A 103
ALICIA TENUTA, PRESS OFFICE/ OEA COMMUNICATIONS
COORDINATOR/ OPTS
CHARLIE OSOLIN, OPTS/TAO
LEE ANN DUFIEF, OPTS/ETD
KAREN ELLENBERGER, OSWER/AA
DOROTHY McMANUS,OSWER/PS
STAGEY LUPTON, CONGRESSIONAL LIAISON
TERRY FELDMAN, OCIR
BARBARA RAMSEY, FEDERAL ACTIVITIES
KATHE SIMPSON, REGIONAL OPERATIONS
KAQPS
LORRAINE URBIET, OW
ORD
ROBERT COSTA, HOTLINE
GEORGE ALDERSON, OECM
LINDA STRACHAN, OPPE
FYI:
MIKE SHAPIRO, OTS
JIM MAKRIS, PS
QUIN SHEA (FOR JOY WILSON), OEA
BEV HORN, OGC
MARYANN FROEHLICH, OPPE
KAREN BROWN, OSDBU
MIKE MCDONNELL, OPTS/TAO
JEFF HEIMERMAN, OWPE
PHYLLIS FLAHERTY, OCM
DAVID KLAUDER, OTS
ROBIN HEISLER, OTS
HANE CRUM BARR, RTP
A 107
A 107
TS 799
TS 799
OS 110
OS 120
A 103
A 108
A 104
A 101
WH 556
RD 672
OS 120
LE 133
PM 221
PHONE
382-5660
382-4132
382-4075
382-5997
382-4617
475-8606
382-5660
382-4454
475-8792
382-4719
629-5352
382-5687
382-7659
382-3112
382-7550
382-4335
ROOM
W829
W311
EB55A
E227
S306
M3103
W829
W823
M2119
W1224
E1035
W917
M3103
NE115
W1013
TS779 382-3667 E2355
WH562A 475-8600 M3103
A100EA 382-5654 W1135
LE132 382-5460 M3600
PM221 382-2750 M3003
A149C 557-2027 W227
TS 799 475-8995 EB55D
WH 527 475-7166 S364
EN 342 382-7825 E703
TS 778 382-3628 E420
TS 793 382-3613 G008
629-1528
-------
3/15/89
EMERGENCY PLANNING/COMMUNITY RIGHT TO KNOW
OUTREACH SUBCOMMITTEE
REGIONAL REPRESENTATIVES
GREG SUPERNOVICH
EPA REGION I
JOHN F- KENNEDY BLDG.
RPA 2203
BOSTON, MA 02203
(835-3425)
E-MAIlJ EPA9114
KIM HELPER
EPA REGION II
26 FEDERAL PLAZA
NEW YORK, NY 10278
264-2515)
E-MAIL # EPA9212
JANET VINISKI
EPA REGION III
841 CHESTNUT STREET
PHILADELPHIA, PA 19107
(597-9370)
E-MAIL # EPA9314
HAGAN THOMPSON
EPA REGION IV
345 COURTLAND STREET NE
ATLANTA, GA 30365
(257-3004)
E-MAIL # EPA9412
JOHN PERRECONE/NANCY SULLIVAN
EPA REGION V
230 SOUTH DEARBORN
CHICAGO, IL 60604
(886-6685)
E-MAIL # EPA9512
PHIL CHARLES
EPA REGION VI
1445 Ross AVENUE
12TH FLOOR, SUITE 1200
DALLAS, TX 75202
(255-2200)
E-MAIL # EPA9620
-------
(2)
ROWENA MICHAELS
EPA REGION VII
726 MINNESOTA AVENUE
KANSAS CITY, KS 66101
(757-2803)
E-MAIL # EPA9714
CHARLES STEVENS/ALI JOSEPH
EPA REGION VIII
999 18TH STREET
SUITE 500
DENVER, CO 80202-1603
(564-1692)
E-MAIL # EPA9811
VIRGINIA DONOHUE/CARRIE FRIEBER
EPA REGION IX
215 FREMONT STREET
SAN FRANCISCO, CA 94105
(454-8083)
E-MAIL # EPA9912
PHILIP WONG
EPA REGION X
1200 SIXTH AVENUE
SEATTLE, WA 98101
(399-4016)
E-MAIL # EPA9045
JANE CRUM BARR
MD 62B
PB/AEERL/USEPA
RESEARCH TRIANGLE PARK, NC 27711
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
OFFICE OF
PESTICIDES AND TOXIC SUBSTANCES
DOCUMENTS AVAILABLE FROM EPA
Title III Section 313 Reporting Form (EPA Form R)
Instructions for completing Form R
Synonyms Document (synonyms for section 313 chemicals)
Title III List of Lists (chemicals subject to reporting under
diffferent sections of Title III)
Estimating Releases and Waste Treatment Efficiencies for the
Toxic Chemical Release Inventory Form (overall technical guidance
document)
Industry-specific technical guidance documents:
Electroplating Operations
Primary, Lead, Zinc, and Cadmium Smelting
Presswood and Laminated Wood Products Manufacturing
Wood Preserving
Roller, Knife, and Gravure Coating Operations
Spray Application of Organic Coatings
Electrodisposition of Organic Coatings
Rubber Production and Compounding
Paper and Paperboard Production
Primary Aluminum Smelting
Primary Copper Smelting
Leather Tanning and Finishing Processes
Semiconductor Manufacture
Printing Operations
Monofilament Fiber Manufacture
Textile Dyeing
Formulating Aqueous solutions
-------
C-4
-------
4/1/88
ROSTER
EMERGENCY PLANNING/COMMUNITY RIGHT TO KNOW
OUTREACH SUBCOMMITTEE
Ma i I
Phone Room
Code
Susan Bui lard, Communications Coord i nator/OSWER
Alicia Tenuta, Communications Coord i nator/OPTS
Jan Bearden, OPTS/TAO
Chart ie Osol in, OPTS/TAO
Mike McDonnell, OPTS/TAO
Dennis Leaf, OPTS/OTS
Erin Shaffer, OPTS/CCD
Karen Ellenberger, OSWER/AA
Dorothy McMan us , OSWER/PS
Anastasia Watson, OSWER/PS
Stacey Lupton, Congressional Liaison
fi-; ilia Flattery, OPA/Regional Liaison
Long, Community and
Intergovernmental Relations
William Whitson, Federal Activities
Russ Dawson, Office of the Administrator
Stan Durkee, ORD
Robert Costa, Hotline
Keith Hinds, OPPE
FYI ;
Mik.e Shapiro, OTS
J I m Makri s, PS
MaryAnn Froehlich, OPPE
Karen Brown, OSDBU
Jeff Heimerman, OWPE
Phy I I is F laherty, OCM
Davfd Klauder, OTS
Jane Crum, RTP
IV' '28
\EERL/USEPA
search Triangle Park, NC 277111
A 103 382-5660 W829
A 107 382-4355 W311
TS 799 382-3435 E533
TS 799 382-4075 E533
TS 799 475-8995 E549
TS 799 382-5997 E229
TS 788 382-3949 E627
WH 562A 382-4617 S306
WH 562A 475-8606 M3103
WH 562A 475-7046 M3103
A 103 382-5660 W829
A 107 382-4387 W311
A 100EA 382-4454 W823
A 104 475-8792 M2119
A100 382-4700 W1200
RD672 382-7669 W917
WH 562A 382-3112 M3103
PM221 382-4335 W1013
TS779 382-3667 E2355
WH562A 475-8600 M3103
PM221 382-2750 M3003
A149C 557-2027 W227
WH 527 475-7166 S364
EN 342 382-7825 E703
TS 778 E420
629-1528
-------
4/1/88
EMERGENCY PLANNING/COMMUNITY RIGHT TO KNOW
OUTREACH SUBCOMMITTEE
Regional Representatives
Kate Connolly
EPA Region I
John F. Kennedy BIdg.
Room 2203
Boston, MA 02203
(835-3383)
e-mai If EPA91 14
Kim Helper
EPA Region I I
26 FederaI Plaza
New York, NY 10278
(264-2515)
e-maiI # EPA9212
Janet Vin i ski
EPA Reg i on III
841 Chestnut Street
Phi ladelphia, PA 19107
(597-9370)
e-maiI # EPA9314
Hagan Thompson
EPA Region IV
345 Courtland Street NE
Atlanta, GA 30365
(257-2013)
e-maiI # EPA9412
John Perrecone
EPA Region V
230 South Dearborn
Chicago, IL 60604
(886-6685)
e-maiI # EPA9512
Karen Brown
EPA Region VI
1445 Ross Avenue
12th Floor, Suite 1200
Dal las, TX 75202
(255-2200)
e-mai I # EPA9620
-------
(2)
Rowena Michaels
EPA Region VI I
726 Minnesota-Avenue
Cansas City, KS 66101
(757-2803)
e-rnai I # EPA9714
Charles Stevens
EPA Reg i on V I I I
999 18th Street
Suite 500
Denver, CO 80202-1603
(-564-1692)
e-mai I # EPA9811
Virginia Donohue/Carrie Frieber
EPA Region IX
215 Fre.mont Street
San Francisco, CA 94105
(454-8083)
e-maiI # EPA9912
Sara Lee
EPA Region X
1200 Sixth Avenue
eattle, WA 98101
,399-4349)
e-nai I # EPA9000
Jane Crum
MD 62B
PB/AEERL/USEPA
Research Triangle Park, NC 27711
-------
C-5
-------
REQUEST FOR TITLE III SPEAKER
Name of Organization/Requestor:
Telephone £:
Date of Request:
Date of Speaking Engagement;
Location of Speaking Engagement:
Audience and Size:
Topic/Theme (include level of detail-technical, general,etc)
Speaker Assigned (name, mail code, & telephone f)
Equipment Needed (slides, overhead, display, etc.)
Other Pertinent Information;
EPA staff Contact/Phone; __^
Regional Contact/Phone:
Feedback:
Please return this form to Mike McDonell, TS-799. (475-8995)
Attach talking points, speech, etc.
cc: M. Oge A. Watson
J. Makris C. Osolin
M. Stahl J. Bearden
S. Bullard M. McDonell
-------
C-6
-------
THE EMERGENCY PLANNING
and
COMMUNITY RIGHT-TO-KNOW
ACT of 1986
QUESTIONS and ANSWERS
February 29,1988
Prepared by
The Emergency Planning and Community
Right-To-Know Information Hotline
For more information call
1-800-535-0202
(or (202) 479-2449 in the Washington, DC metro area)
-------
The Emergency Planning
and Right-To-Know Act of 1986
Questions and Answers
Table of Contents
Title IE: General 1
Emergency Planning
(Sections 301-303, 305) 3
Emergency Release Notification
(Section 304) 15
Liability Under Title m 27
MSDS Requirements
(Section 311) : 28
Tier I/Tier II Reporting
(Sections 31 land 312) 33
Hazard Categories
(Sections 311 and 312) 36
Mixtures
(Sections 311 and 312) 37
Exemptions
(Sections 31 land 312) 39
Preemption
(Sections 31 land 312) 45
How Title HI Affects
Various Types of Facilities 46
Toxic Chemical Release Reporting
(Section 313) Currently Under Development
-------
TITLE III: GENERAL
What is the relationship between EPA's voluntary, non-
regulatory Chemical Emergency Preparedness Program (CEPP)
and Title III of the Superfund Amendments and Reauthorization
Act of 1986 (SARA)?
In June 1985, the Administrator of EPA announced a comprehensive strategy
for dealing with air toxics in the environment. As part of that strategy, EPA
issued the CEPP interim guidance in December 1985. CEPP was developed
to increase State and local community awareness of the possibility of
accidental releases of extremely hazardous substances and to develop State
and local emergency response plans and capabilities for dealing with
chemical emergencies. A list of 366 extremely hazardous substances was
included in the CEPP interim guidance as a focus for preparedness activities.
On October 17,1986, the Superfund Amendments and Reauthorization Act
(SARA) was signed into law. A major SARA provision is Tide ffl:
"Emergency Planning and Community Right-to-Know Act of 1986." Tide
HI establishes requirements for federal, State, and local governments as well
as industry regarding emergency planning and "community right-to-know"
reporting on hazardous chemicals. The emergency planning provisions of
Title HI require each State to establish a State emergency response
commission, emergency planning districts, and a local emergency planning
committee for each district. The state commission and local committees are
responsible for preparing and implementing emergency plans as well as
receiving and disseminating copies of material safety data sheets (MSDS),
chemical inventory/release forms, toxic chemical release forms, follow-up
written notices (Section 304), and emergency response plans.
EPA views Title DI as the legislative embodiment of CEPP with several key
additions. Title in builds upon EPA's CEPP and numerous State and local
programs aimed at helping communities to meet their responsibilities
regarding potential chemical emergencies by adding new, federally
mandated concepts: a planning structure for the public sector (state
commissions, planning districts, local committees) and reporting
requirements for the private sector to help keep the community informed of
potential chemical hazards. Title HI also has provisions for training grants, a
study of emergency systems, an emissions inventory, enforcement, civil
suits, and trade secrets.
February 29, 1988
Page 1
-------
The general planning portions of the CEPP interim guidance (chapters 1, 2,
4, 5) have been incorporated into the Hazardous Materials Emergency
Planning Guide developed by the National Response Team (NRT). This
guide, published in March 1987, met the Title El requirement for the NRT to
publish guidance on the preparation of emergency plans by March 17,1987.
The specific technical aspects of the CEPP interim guidance (site specific
information and criteria included in Chapters 3 and 6) were issued in
December 1987 to supplement the NRT guide.
February 29, 1988
Page 2
-------
EMERGENCY PLANNING
(Sections 301-303, 305)
How are States expected to form their State emergency response
commission (SERC) as required under Title III?
States are required to establish a State emergency response commission
(SERC) under Title EH. The SERC may consist of existing emergency
response organizations or may be an entirely new mechanism to address this
requirement. A SERC is responsible for designating emergency planning
districts within the State and appointing, supervising, and coordinating a
local emergency planning committee for each district. Where appropriate,
existing political subdivisions or multi-jurisdictional planning organizations
may be designated as the districts and committees.
EPA believes it is important that these SERCs include representation from
more than one State agency. Many State commissions agree and have
included agencies dealing with environmental protection, emergency
management, public health, occupational safety and health, labor,
transportation, the attorney general's office, and commerce department, as
well as other appropriate public and private sector interests. Each of these
agencies have expertise to bring to an emergency response commission. In
addition, EPA's regional offices are available to assist States in establishing
and implementing required planning structures.
Expertise in chemicals, process safety, and the hazards posed by chemicals
make State environmental protection agencies vital to the SERCs. State
emergency management agencies' knowledge of emergency planning and
preparedness are also needed in order to make a State commission an
effective tool for emergency planning at the local level. Public health
agencies can provide the knowledge of potential consequences to human
health, including worker safety, while me transportation agency should be
involved due to the prevalence of transportation incidents involving
hazardous materials. Working together, these agencies can help the State
better meet its responsibilities under Title HI. Of course, a governor may
wish to choose one of these agencies to serve as the lead agency for the
Commission. Some States have established such an organization; other States
have enlisted the assistance of industry and transportation officials in such
multi-agency/organization forums. TTie more expertise in a State
commission, the better that commission will be able to meet the Title in
February 29, 1988
Page 3
-------
requirements and assist communities in meeting their responsibilities to their
citizens.
A December 1986 letter from the National Governors' Association to all
governors summarizes the Title HI requirements and requests the
designation of a contact person in each governor's office to receive further
information on what other States and EPA are doing to implement Title HI.
The letter also mentions the existence of a State Chemical Emergency
Preparedness Program contact and a State representative to the Regional
Response Team. The need to coordinate with these individuals in the
development of the State commission was strongly emphasized.
Must the States notify EPA when they have established the State
Emergency Response Commissions and local emergency planning
committees? Will EPA publish this information in the Federal
Register or disseminate it in some way so that all affected parties
may have access to it?
Although states are not required to notify EPA of the establishment of State
emergency response commissions and local emergency planning committees,
the Agency strongly encourages States to do so. In addition, EPA encourages
States to notify the public, especially potentially affected facilities. Interested
parties may contact their Governor's office for information on their state
commission, or call the Emergency Planning and Community Right-To-
Know Information Hotline at 1-800-535-0202. EPA Regional
Administrators have written to the governors of each State and Territory to
inform them of Tide in requirements, to offer information and technical
assistance in the development of State and local planning structures, and to
request that they notify EPA of the establishment of the State emergency
response commission.
February 29, 1988
Page 4
-------
Title III requires each local emergency planning committee to
prepare an emergency plan by October 17, 1988. What federal
resources will be available to State and local governments to
prepare these plans?
Recognizing that emergency planning is primarily a State and local
responsibility, Congress did not explicitly authorize federal funds for
implementation of Tide m requirements. However, Section 305 of Title HI
does authorize $5 million a year for four years for the Federal Emergency
Management Agency (FEMA) to make grants to support State/local- and
university-sponsored programs for training-related activities associated with
hazardous chemicals. In the absence of explicit grantmaking authority for
emergency planning activities, the federal government will continue to
provide technical assistance and guidance as well as training to support state
and local emergency planning.
EPA, along with other members of the National Response Team, has
developed the Hazardous Materials Emergency Planning Guide, which was
published in March 1987. This was supplemented in December of 1987 with
a technical guidance document for the hazard analysis of extremely
hazardous substances. In addition, chemical profiles on each extremely
hazardous substance will be available in early 1988.
EPA will also continue to provide technical assistance and training to States
and local communities through its regional offices and the Environmental
Response Team (ERT) in Edison, New Jersey. ERT, in addition to its
ongoing training courses, is developing two additional training modules
focusing on extremely hazardous substances. EPA and FEMA have
developed a hazardous materials contingency planning course with train-the-
trainer delivery for states. EPA is developing a module on the National
Contingency Plan, the hazardous materials response system, and extremely
hazardous substances for incorporation into 17 currently identified FEMA
emergency preparedness and response courses. Additionally, EPA regional
offices, along with other federal agencies through the Regional Response
Teams, are providing technical assistance through workshops and
consultation with State and local officials upon request.
February 29, 1988
Page 5
-------
What will happen if a State refuses to comply with the emergency
planning provisions?
A governor who does not designate a State emergency response commission
becomes the commission by default. While the governor could choose not to
fulfill any of the Title m provisions, the public could still request
information that would be submitted by facilities as part of the reporting
requirements of Title in. This information includes copies of the emergency
plan, material safety data sheets (MSDS), inventory forms, toxic chemical
release forms, and follow-up emergency notices. In addition, Title in
provides for citizens to bring suits against the State to force it to comply with
certain Title III provisions.
Section 305 of Title III authorizes the Federal Emergency
Management Agency (FEMA) to make grants to support State and
local government- and university-sponsored training programs.
Specifically, what can these grants be used to fund?
The grants will be used to expand training activities beyond the existing
training base of States. All training offered under Section 305 funding must
be in addition to training activities already underway.
The National Response Team has identified training courses supporting Title
HI that warrant increased availability among State and local personnel. Each
state emergency response commission will be responsible for channeling
training to high hazard or priority areas and for approving training
proposals within the state. EPA expects initial heavy emphasis on planning
and awareness training consistent with Title HI objectives.
FEMA and EPA have developed an addendum to the Comprehensive
Cooperative Agreement (CCA) which will allow states to submit requests for
these funds. This addendum was sent to all States on June 24,1987.
Are emergency exercise design, development, and
implementation activities eligible to be funded under Section
305?
Emerjgency exercises involving hazardous substances—such as tabletop,
functional, and full-field exercise activities—are conducted routinely
February 29, 1988
Page 6
-------
throughout the United States. Exercises which are part of specific courses or
workshops such as EPA's Hazardous Materials Incident Response Operations
course are covered under Section 305 funding. Specific exercises are not
included in Section 305 funding for 1988.
To what extent is a State required to plan if there are only a few
(or no) facilities having extremely hazardous substances present
in excess of threshold planning quantities but there is significant
interstate transportation of these and other hazardous substances?
While Section 327 of Title HI generally exempts transportation from
coverage under most Title EH reporting requirements, it does require
comprehensive emergency plans that address all hazardous materials and the
potential for both fixed facility and transportation incidents (Section 303).
The list of extremely hazardous substances should provide a focus and a
starting point for planning. Therefore, the transportation routes of all
hazardous substances should be considered in any plan.
Section 301 includes transportation officials among those representatives
who must participate in local emergency planning committees. The
emergency release notification requirement under Section 304 requires
immediate notification of releases of extremely hazardous substances in
transportation incidents.
Title III states that the Regional Response Teams (RRTs) "may"
review and comment upon an emergency plan. What criteria will
the RRT use for reviewing these plans?
The National Response Team (NRT) recently published the Hazardous
Materials Emergency Planning Guide in which Appendix D: Criteria for
Assessing State and Local Preparedness contains an adaption of criteria
developed by the NRT/Preparedness Committee in August 1985. These
criteria may be used for assessing local emergency plans. In addition, the
NRT will develop guidance for RRT use in the selection of local plans for
which review is requested.
February 29, 1988
Page 7
-------
What is the primary purpose of Section 302 notification
requirements?
Notifications indicating that a facility has one or more extremely hazardous
substances in excess of the threshold planning quantity help to identify
locations within the state where emergency planning activities can be
focused. While the substances on the list do not represent the entire range of
hazardous chemicals used in commerce, they have been designated as those
substances which are most likely to inflict serious injury or death upon a
single, short-term exposure. Therefore, Section 302 notifications should be
useful in helping State and local governments identify those areas and
facilities that represent a significant potential for experiencing a hazardous
material incident.
What is the purpose of the list of extremely hazardous substances
in regards to the emergency planning requirements of Title III?
The extremely hazardous substances list and its threshold planning quantities
are intended to help communities focus on the substances and facilities of
most immediate concern for emergency planning and response. However,
while the list includes many of the chemicals which may pose an immediate
hazard to a community upon release, it does not include all substances which
are hazardous enough to require community emergency response planning.
There are tens of thousands of compounds and mixtures in commerce in the
United States, and in specific circumstances many of them could be
considered toxic or otherwise dangerous. The list represents only a first step
in developing effective emergency response planning efforts at the
community level. Without a preliminary list of this kind, most communities
would find it very difficult to identify potential chemical hazards among the
many chemicals present in any community.
Similarly, threshold planning quantities are not absolute levels above which
the extremely hazardous substances are dangerous and below which they pose
no threat at all. Rather, the threshold planning quantities are intended to
provide a "first cut" for emergency response planners in communities where
these extremely hazardous substances are present. Identifying facilities
where extremely hazardous substances are present in quantities greater than
the threshold planning quantities will enable the community to assess the
potential danger posed by these facilities.
February 29, 1988
Page 8
-------
Communities also will be able to identify other facilities posing potential
chemical risks and to develop contingency plans to protect the public from
releases of hazardous chemicals. Sections 311 and 312 of Title m provide a
mechanism through which a community will receive material safety data
sheets and other information on extremely hazardous substances, as well as
many other chemicals, from many facilities which handle them. A
community can then assess and initiate planning activities, if desirable, for
quantities below the threshold planning quantity and for other substances of
concern to them.
In addition to the assistance provided by the extremely hazardous substances
list and the threshold planning quantities, community emergency response
planners will be further aided by the National Response Team's Hazardous
Materials Emergency Planning Guide. A separate notice of availability of
this document was published in the Federal Register on March 17,1987 (52
FR 8360, 61) as required under Section 303(f) of Tide m. The planning
guide was supplemented in December 1987 with Technical Guidance to assist
local emergency planning committees in evaluating potential chemical
hazards and setting priorities for sites. This technical document provides
more detailed guidance on identifying and assessing the hazards associated
with the accidental release of hazardous substances on a site-specific basis. It
addresses considerations such as the conditions of storage or use of the
substance (e.g., whether under temperature or pressure); its physical
properties (e.g., physical state—solid, liquid, or gas); volatility;
dispersibility; reactivity; location (e.g., distance to affected populations);
and quantity.
How did EPA determine threshold planning quantities for
extremely hazardous substances?
The Agency assigned chemicals to threshold planning quantity (TPQ)
categories based on an index that accounts for the toxicity and the potential
of each chemical, in an accidental release, to become airborne. This
approach does not give a measure of absolute risk, but provides a basis for
relative measures of concern.
Under this approach, the level of concern for each chemical is used as an
index of toxicity, and physical state and volatility are used to assess its ability
to become airborne. The two indices are combined to produce a ranking
factor. Chemicals with a low ranking factor (highest concern), based on the
February 29, 1988
Page 9
-------
Agency's technical review, are assigned a quantity of one pound. It is
believed that the one-pound quantity represents a reasonable lower limit for
the most extremely hazardous substances on the list. Chemicals with the
highest ranking factors, indicating lower concern, were assigned a threshold
planning quantity of 10,000 pounds. This ensures that any facility handling
bulk quantities of any extremely hazardous substances would be required to
notify the State commission. Between the limits of one pound and 10,000
pounds, chemicals were assigned to intermediate categories of 10,100, 500,
or 1,000 pounds based on order of magnitude ranges in the ranking factors.
The selection of the intermediate categories was based on standard industrial
container sizes between one and 10,000 pounds.
The Agency believes that limited State and local resources should be focused
on those substances that could cause the greatest harm in case of an accidental
release. The TPQs developed in this approach meet the objective such that
substances that are most likely to cause serious problems (extremely toxic
gases, solids likely to be readily dispersed, or highly volatile liquids) have
lower TPQs than those that might be toxic but are not likely to be released to
the air (non-reactive, non-powdered solids).
How can a facility determine whether it has present an amount of
an extremely hazardous substance (EHS) which equals or exceeds
the threshold planning quantity (TPQ)?
To determine whether the facility has an amount of an extremely hazardous
substance which equals or exceeds the TPQ, the owner or operator must
determine the total amount of an extremely hazardous substance present at a
facility on May 17,1987 or any time after that date, regardless of location,
number of containers, or method of storage. This calculation must also take
into account the amount of an extremely hazardous substance present in
mixtures or solutions in excess of one (1) percent and should include
examination of such process components as reaction vessels, piping, etc.,
where formation of an EHS as a by-product may take place.
How are the threshold planning quantities (TPQs) for mixtures,
solutions, or formulations determined?
The concentration of a chemical in a mixture that may present a potential
hazard depends upon its toxicity. Public comment, for example, referred to
February 29, 1988
Page 10
-------
OSHA's use of a level of 0.1 percent as a concern cut-off level for a
carcinogen in a mixture. EPA believes that the release of an amount equal to
the threshold planning quantity of the substance at concentrations of less than
one percent is not likely to produce a concentration equal to the level of
concern off-site.
The issue of alloys, amalgams, or polymers as a mixture is currently under
Agency review. However, in evaluating whether to notify for mixtures,
facility owners or operators should compare the appropriate threshold
planning quantity with the actual amount of the extremely hazardous
substance present in the mixture. For example, if the TPQ for a given
chemical on the list is 100 pounds and that chemical is 20 percent by weight
of a mixture, notification would be necessary if 500 pounds or more of that
mixture were present at a facility.
In considering potential hazards from airborne releases, EPA believes it
unlikely, even assuming large releases of a mixture, that concentrations of
less than one percent will lead to severe airborne exposure levels of the toxic
component off-site. Nevertheless, the Agency has decided to retain the one
percent minimum for the evaluation of all mixtures, solutions, or
formulations containing extremely hazardous substances.
Will the local planning committees impose significant
requirements on small businesses? Will EPA clarify the
information requirements in the emergency planning guidance
and in the rulemaking?
The Agency's small business analysis does not indicate that emergency
planning requirements will cause a significant burden to small facilities.
Small facilities are likely to use or store fewer extremely hazardous
substances and handle smaller amounts, and their level of participation in the
planning process will be smaller. In addition, small facilities will be
represented on local emergency planning committees, and their concerns will
be addressed there. Participation in the planning process provides an
opportunity to present concerns regarding the burden of planning and to
ensure that committee requests for information are necessary. In particular,
small businesses may wish to encourage special small business representation
on the local emergency planning committee and also make their concerns
known through their facility coordinators.
February 29, 1988
Page 11
-------
In addition, the National Response Team's Hazardous Materials
Emergency Planning Guide (notice of availability published on March 17,
1987,52 FR 8360) describes the information requirements established under
Title in and how this information will be useful in developing a local
emergency plan.
What types of facilities are exempt from Section 302 notification
requirements?
With the exceptions of vessels and Federal facilities, Section 302 notifications
are required from owners or operators of any facility that has present at any
time, starting May 17,1987, a listed extremely hazardous substance (EHS) in
any amount exceeding the Threshold Planning Quantity (TPQ) associated
with that substance.
How do Section 302 notification requirements apply to
transportation of an extremely hazardous substance (EHS)?
Although Section 302 requirements do not apply to the transportation of any
EHS, including transportation by pipeline, transportation activities within a
community should be addressed in local emergency plans. Furthermore, the
Section 302 requirements do not apply to the storage of EHS incident to
transportation if the EHS is under active shipping papers.
Are facilities exempt from Section 302 notification requirements
if they, produce, use, or store mixtures whose extremely
hazardous substance component information is not available on
the MSDS provided by the manufacturer?
If the facility which produces, uses, or stores mixtures knows or reasonably
should know the components of the mixture, the facility owner or operator
must notify under Section 302 if the extremely hazardous substance
component is more than one percent of the total weight of the mixture and
more than the threshold planning quantity. The facility owner or operator is
not under an obligation, however, to inquire of the manufacturer the
components of the mixture.
February 29, 1988
Page 12
-------
Since certain chemicals at research laboratories are exempt from
the definition of "hazardous chemicals" and thus possibly exempt
from release notification requirements under Section 304, can
this exclusion be extended to Section 302 planning requirements?
Tide in defines "hazardous chemical" under Section 311. Under Section
31 l(e) "any substance to the extent it is used in a research laboratory or a
hospital or other medical facility under the direct supervision of a technically
qualified individual" is excluded from the definition of "hazardous
chemical." Section 304 of Title EQ also states that releases of extremely
hazardous substances and CERCLA substances are importable under Section
304 only when they are released from a facility where "hazardous chemicals"
are produced, used, or stored. However, because the planning requirements
are not tied in any way to "hazardous chemicals," the "hazardous chemical"
exclusion of Section 304 does not extend to Section 302.
In addition, for emergency release notification purposes under Section 304,
if a release of an extremely hazardous substance or CERCLA substance
exceeds the importable quantity and occurs on a facility that produces, uses,
or stores a "hazardous chemical," the facility owner or operator must notify
the required parties. Accordingly, the research laboratory is exempt from
Section 304 emergency notification only if no hazardous chemicals are
produced, used or stored at the facility, other than those used at the
laboratory under the direct supervision of a technically qualified individual.
If an extremely hazardous substance is not stored on-site but is
produced in a process such as incineration, is it exempt from both
threshold planning quantity calculation and release reporting if
the release is covered by a Clean Air Act permit?
If the extremely hazardous substance is produced on-site in a process such as
incineration, it is considered present at the facility and subject to Section 302
reporting requirements. However, if a threshold planning quantity is not
exceeded at any one time (starting May 17,1987 and continuing up to the
present date), then the extremely hazardous substance need not be reported to
the local emergency planning committee. Further, if the release is federally
permitted under Section 101(10) of CERCLA, which includes permitted
emissions into the air, then the release need not be reported under Section
304 of Tide m.
February 29, 1988
Page 13
-------
Can existing State and local laws that provide substantially
similar emergency planning supercede the specific provisions of
Section 302 Federal law?
Title IE (Section 321) generally provides that nothing in Title in shall
preempt or affect any State or local law. However, material safety data
sheets, if required under a State or local law passed after August 1,1985,
must be identical in content and form to that required under Section 311.
Accordingly, while Tide ffl does not supercede State or local laws, EPA has
no authority to waive the requirements imposed under Title m. These
requirements, including the threshold planning quantities, are intended to be
minimum standards.
EPA is working with States that have developed reporting forms and
planning structures to determine the most efficient approaches to avoid
duplication of effort with existing State or local structures, forms, and
requirements.
February 29, 1988
Page 14
-------
EMERGENCY RELEASE NOTIFICATION
(Section 304)
Who must be notified when a release occurs?
In the event that a listed CERCLA hazardous substance or extremely
hazardous substance is released in an amount equal to, or exceeding the
reportable quantity (RQ) for that substance, the following parties must be
notified:
• State Emergency Response Commission (effective May 23,1987)
• Community Emergency Coordinator for the local emergency
planning committee (effective August 17,1987, or as soon the
committee is established).
These new notification procedures are designed to provide for more timely
notification to State and local authorities. In addition, the owner/operator of
a facility is still required to notify the National Response Centeit8(X)/424-
8802) when a release of a CERCLA hazardous substance (in excess of an RQ)
takes place.
What chemicals are subject to reporting?
Chemicals subject to Section 304 notification requirements are CERCLA
hazardous substances and the extremely hazardous substances listed under
Section 302 of Tide m. At present, the CERCLA list contains 721
chemicals, 134 of which are also extremely hazardous substances. For the
remaining 232 extremely hazardous substances not currently on the
CERCLA list, their reportable quantity (RQ) is tentatively set at one pound
until they are proposed for listing as a CERCLA hazardous substance.
For a reportable quantity (RQ) release of one of the 232 extremely
hazardous substances, the appropriate State and local agencies must be
notified. EPA is in the process of adding these 232 chemicals to the
CERCLA hazardous substance list. When they become CERCLA hazardous
substances, notification of the NRC will also be necessary.
February 29, 1988
Page 15
-------
What if the State commission and/or local committees must be
notified of a release but have not yet been established?
States were required to establish their commissions by April 17,1987, and
those commissions were to establish local committees not later than 30 days
after the designation of emergency planning districts or by August 17,1987,
whichever is earlier.
Section 301 of Title m provides that if the State commission is not set up by
April 17,1987, the Governor must operate as the State commission, and thus
notification must be made even if no commission is established. However,
EPA has been informed that all States have established an Emergency
Response Commission. Local committees are required to be established not
later than 30 days after the designation of emergency planning districts or by
August 17,1987, whichever is earlier. If local committees are not set up by
August 17, notifications must still be made, but they should be provided to
local emergency personnel such as local emergency management offices or
fire departments. As indicated by the legislative history of this provision,
Congress intended that the emergency release notification requirements
become effective as of the dates when the commissions and committees are to
be established. Local and State governments may make any arrangements
necessary for the receipt of the release information when commissions and
committees are not yet established.
How is an off-site release determined to be subject to Section 304
notification requirements?
Releases need not result in actual exposure to persons off-site in order to be
subject to release reporting requirements; potential exposure is sufficient.
Any release into the environment above the reportable quantity may have the
potential to result in exposure to persons off-site and therefore should be
reported under Section 304 notification.
February 29, 1988
Page 16
-------
Do the CERCLA and Title III telephone notifications include the
same basic information, such as whether the incident is still
ongoing, abatement actions by whatever entities, cause of the
accident, injuries caused by the incident if known, amount
spilled, etc.?
The agency does not believe that the notification specified in Section 304
should vary from the CERCLA notification in any significant way.
Should the written follow-up information go not only to the local
planning committee and the State commission but also to the State
environmental agency?
Section 304(c) of Title HI mandates that written follow-up notification go to
the same entities that received the initial oral notification, i.e., the State
commission and the local emergency coordinator of the local emergency
planning committee. Title HI does not require that written follow-up
information be given to the State environmental agency. State environmental
agencies may, however, request information through the State commission
or local committee. In most cases, environmental agencies are represented on
the commission and the information will be available to them.
Should the location and cause of an incident be included in the
written follow-up report?
To be consistent with CERCLA, EPA believes that the location of the release
is always essential for both emergency response and follow-up actions and
should be identified in any release notification under Section 304. The cause
of the accident should always be included in the follow-up report to provide
information for local, State, and Federal officials for preparedness and
prevention purposes.
Should the written notification also include results of a facility's
inspection? An inspection may specify measures to be applied to
prevent future releases.
While this information is certainly useful in terms of preventing similar
releases, it is not required. However, State and local governments may wish
February 29, 1988
Page 17
-------
to require such information as part of their notification programs. EPA is
beginning an initiative to focus corporate attention on releases. It is called
the Accidental Release Information Program. Under this program, a
releaser who has more than a specified number of releases of a certain
hazardous substance, or releases in certain quantities above the reportable
quantity, must report in writing to EPA the causes of the accident, prevention
practices in place, and the specific steps that are being taken to prevent re-
ocurrence of the release.
The follow-up emergency notice requires the owner or operator
of a facility that has released a reportable quanitity of a substance
requiring Section 304 notification to relate, in a follow-up
notice, "any known or anticipated acute or chronic health risks
associated with the release." Since general health information is
already given on a "material safety data sheet" (MSDS) for the
chemical, will an indication that "severe adverse health effects
may be expected" suffice for this requirement?
No. The health information contained in an MSDS is not specific enough to
be of use to health professionals, especially if the chemical name is
confidential on the MSDS.
What facilities are exempt from Section 304 notification
requirements?
A facility itself can only be exempted if there are no hazardous chemicals
present at the facility. The term "hazardous chemical," as defined under
Section 311 of Title ffl, includes any substance which constitutes a physical
or health hazard. This broad definition is borrowed from the Occupational
Safety and Health Act (OSHA) Hazard Communication Standard, but there
are certain exemptions specified in Section 311. However, there is no single
classification or type of business (e.g. manufacturers) that is subject to
Section 304 reporting requirements. Therefore, it is probable that only very
few facilities will actually have no hazardous chemicals and thus be exempt
from Section 304 notification requirements.
February 29, 1988
Page 18
-------
Are there exemptions to Section 304 reporting requirements?
The statute provides several exemptions from notification. These are:
(a) "federally permitted releases" as determined under the
Comprehensive Environmental Response, Compensation and
Liability Act of 1980 Section 101(10);
(b) releases which result in exposure only to persons solely within the
facility boundaries;
(c) releases from a facility which produces, uses, or stores no
hazardous chemicals;
(d) "continuous releases" as defined under CERCLA Section 103(e)
except for statistically significant releases;
(e) application of a Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA) registered pesticide, as defined under CERCLA
Section 103(e) in accordance with its intended purpose;
(f) emissions from engine exhaust of a motor vehicle, rolling stock,
aircraft, or pipeline pumping station;
(g) normal application of fertilizer; and
(h) release of source, byproduct, or special nuclear material from a
nuclear incident at a facility subject to requirements of the Price-
Anderson Act (i.e., nuclear power plants).
It should be noted, however, that some releases occurring at a facility which
are not reportable under Section 304 may still be reportable releases under
CERCLA Section 103 and, if so, must be reported to the National Response
Center. Release reporting under Section 304 is in addition to release
notification under CERCLA Section 103. Thus, notice to the National
Response Center may be required even if no local or State reporting is
required.
February 29, 1988
Page 19
-------
How are "continuous" and "federally permitted" releases
interpreted under Section 304?
Certain conditions must be examined in order to determine whether they
meet the definition of "federally permitted" or "continuous" releases. The
exemption for "federally permitted releases" is identical to that under Section
103 of CERCLA. Section 101(10) of CERCLA defines "federally permitted
releases" for purposes of Section 103 of CERCLA and release notification
under Title HI and includes 11 types of specific releases permitted under
certain State and federal programs. As EPA issues clarifications of
"federally permitted release" under Section 103 of CERCLA, these
clarifications will apply equally to release notifications under Section 304 of
Title in. Clarification of the definition of "federally permitted release" will
be the subject of later rulemaking.
Under the "continuous release" provision of Section 103 of CERCLA, the
release must be continuous and predictable with respect to quantity and time
in order to be exempt from Section 304 reporting requirements. Both
federally permitted and continuous releases will be the subject of rulemaking
later this summer. In the interim, EPA is available to help clarify these
definitions as they apply to specific circumstances in order to ensure
compliance with the intent of these reporting requirements. "Continuous"
releases must be reported annually under CERCLA Section 103, but do not
have to be reported under Section 304 of Title HI.
Does the "federally permitted release" exemption apply fully to
State-permitted releases?
State permitted releases are exempted only to the extent that the releases are
considered "federally permitted" under Section 101(10) of CERCLA.
Are releases above the amount permitted under "continuous
releases" exempt from Section 304 notification requirements?
Because "statistically significant increases" from a "continuous release" must
be reported as an episodic release under CERCLA Section 103(a), such
releases must also be reported under Section 304 of Tide HI. Any
clarifications or regulations interpreting "continuous releases" or
February 29, 1988
Page 20
-------
"statistically significant increases" under CERCLA Section 103(f) will also
apply to Section 304 of Title EL
If disposal of hazardous waste or solid waste is performed
according to the permitting and other relevant requirements of
the Resource Conservation and Recovery Act (RCRA), the Toxic
Substances Control Act (TSCA), or other applicable federal or
State laws, is it subject to emergency release notification?
EPA is currently considering whether TSCA-regulated disposal sites should
be subject to CERCLA notification. Regardless of the outcome of that
decision, it is important to note that spills and accidents occurring during
disposal and outside of the approved operation, and resulting in reportable
releases of extremely hazardous substances or CERCLA hazardous
substances, must be reported to the State emergency response commission
and local emergency planning committee as well as to the National Response
Center. In addition, PCB releases of a reportable quantity or more from a
TSCA-approved facility (as opposed to disposal into such a facility), must be
reported under Section 304 and to the National Response Center.
The RCRA disposal issue is similar to PCB disposal under TSCA. In a final
rule issued in April 1985, EPA determined that where the disposal of wastes
into permitted or interim status facilities is properly documented through the
RCRA manifest system and RCRA regulations are followed, notification
under CERCLA does not provide a significant additional benefit as long as
the facility is in substantial compliance with all applicable regulations and
permit conditions. However, spills and accidents occurring during disposal
that result in releases of reportable quantities of hazardous substances must
be reported to the National Response Center under CERCLA Section 103.
(50 FR 13461; April 4,1985). EPA believes that the same rationale applies
to Section 304. However, no notification of proper disposal into RCRA
facilities is required.
Are mining and mineral extraction wastes exempt under Section
304?
No. The release notification requirements apply if the wastes are CERCLA
hazardous substances or extremely hazardous substances.
February 29, 1988
Page 21
-------
Does the CERCLA "petroleum exclusion" apply to release
reporting under Section 304 of Title III, since "petroleum,
including crude oil or any fraction thereof is exempt from
reporting under Section 103 of CERCLA?
"Petroleum" is exempted generally from CERCLA responsibilities since it is
excluded from the definition of a "hazardous substance" under Section
101(14) and "pollutant or contaminant" under Section 101(33) of CERCLA.
Because no such exclusion exists under Title m, if extremely hazardous
substances are present in petroleum, those substances are subject to applicable
emergency planning and release notification requirements under Title IE.
Can the "de minimis" concept used in determining the threshold
planning quantities in mixtures be applied in the determination of
the reportable quantity for emergency release notification?
No. The "de minimis" quantity was set in place for threshold planning
quantities simply to make the calculation of the total amount of extremely
hazardous substances on a facility more straightforward for planning
purposes. The more dilute an extremely hazardous substance is, the more
difficult it is to identify the substance in a mixture and the less likely it is to
be released in a large quantity. For Section 304 release reporting, however,
the "de minimis" is the reportable quantity (RQ) because the extremely
hazardous substance is already in the environment potentially doing harm.
But whether the RQ is exceeded depends on the amount of the substance in
the mixture, if known. This is the CERCLA "mixture" rule. See the April 4,
1985 RQ rule (50 FR 13463).
How are transportation-related releases covered under Section
304?
Section 304 covers all releases of listed hazardous or extremely hazardous
substances, including those involved in transportation in excess of the
reportable quantity (RQ). Owners or operators of transportation facilities
may call 911 or the local telephone operator, in order to satisfy Section 304
notification requirements when a transportation-related release occurs.
Local emergency planning committees should work with the local 911 system
February 29, 1988
Page 22
-------
and telephone operators to ensure such transportation release notifications
are immediately relayed to the community emergency coordinator.
What is the responsibility of transportation owners or operators
in the event of a spill or release of extremely hazardous
substances or CERCLA substances?
Although owners or operators of transportation facilities are not required to
notify State and local authorities with regard to Section 302 emergency
planning, they are required to report releases under Section 304.
With regard to stationary facilities, Section 304 requires owners and
operators to report releases to the local emergency planning committee and
to the State emergency response commission. Owners and operators of
transportation facilities under Section 304 are allowed to call the 911
emergency number or in the absence of a 911 number, the operator, in lieu
of calling the State commission and local committee. The rationale for this
separate reporting is that transportation operators on the road most likely
will not know the telephone numbers of all relevant State and local entities on
their routes. If the transportation operator is in a community which has a
generic emergency number rather than 911, the generic number should be
used. If the release is of a CERCLA hazardous substance, a call to the
National Response Center is also required. Local committees should
consider training all personnel responsible for receiving telephone notice of
such a release, so that proper notification procedures will be maintained.
How does EPA define a "transportation-related release?"
EPA defines a "transportation-related release" to mean a release during
transportation, or storage incident to transportation if the stored substance is
moving under active shipping papers and has not reached the ultimate
consignee.
In the case of transportation-related releases, should the
emergency release notification requirements apply to the owner
or the operator of the facility?
February 29, 1988
Page 23
-------
Either the owner or operator may give notice after a release. Owners and
operators may make private arrangements concerning which party is to
provide release notification. However, under Section 304 both owner and
operator are responsible if no notification is provided.
Do the Section 304 release notification requirements apply to
pipelines, barges, and other vessels as well as to other
transportation facilities?
Title in (Section 327) does not apply to the transportation of any substance
or chemical, including transportation by pipeline, except as provided in
Section 304. Section 304 requires notification from facilities of releases of
extremely hazardous substances and CERCLA hazardous substances. The
word "facility" is defined in Section 329 to mean stationary items, which
would include pipelines. The definition also includes, for purposes of
Section 304, motor vehicles, rolling stock, and aircraft. Because barges and
other vessels are not included in the definition of "facility," they are not
subject to Section 304 reporting requirements.
When and where should an air carrier report a release? For
instance, should the release be reported to the State where the
release occurred or the airport of destination?
Since aircraft should always have radio communication capabilities, the
report should be given to the State(s) likely to be affected by the release as
soon as possible after the release. Reporting at the destination will not
necessarily enable the provision of timely response to the affected areas.
What are the differences in the various requirements for release
notification under Section 103 of CERCLA and Section 304 of
Title III?
Under Section 103 of CERCLA, a release of a hazardous substance in an
amount equal to or in excess of its reportable quantity (RQ) which is not
otherwise exempted under CERCLA must be reported to the National
Response Center. Section 304 of Tide HI provides a similar reporting
requirement for releases of extremely hazardous substances, as defined
under Section 302, as well as releases which require notification under
February 29, 1988
Page 24
-------
CERCLA Section 103. However, reporting under Section 304 must be given
by the owner or operator of a facility to the community emergency
coordinator for the local emergency planning committee and to the State
emergency response commission, as well as to the National Response Center
for CERCLA hazardous substances. Releases from transportation incidents
are also subject to the Section 304 reporting requirements.
Further, EPA intends to designate under Section 102 of CERCLA all
extremely hazardous substances which are not already defined as "hazardous
substances" under Section 101(14) of CERCLA. The designation will
include all 256 extremely hazardous substances that are not presently
"hazardous substances" under CERCLA. At that time, any substance
requiring local and State release reporting under Section 304 of Title HI will
also require reporting to the National Response Center under CERCLA
Section 103. In addition, the extremely hazardous substances will continue to
trigger contingency planning requirements in addition to release reporting.
With regard to the contents of the required notification under SARA Section
304 and CERCLA Section 103, the required contents of Section 304
emergency notification are set out in Section 355.40 (formerly Section
300.94). Although Section 103(a) of CERCLA does not specify the contents
of release notification, the information necessary under Section 103(a) for
potential federal response (e.g., type of substance and nature, location, and
effects of the release) should not differ for any practical purpose from the
content of the notice specified under Section 304.
Section 304 also requires follow-up written emergency notice to the State
emergency response commission and the local emergency planning
committee. This reporting is not required to be sent to the NRC.
What is the relationship between RQs and TPQs?
The importable quantity that triggers emergency release notification (Section
304) was developed as a quantity that when released poses potential harm to
human health and the environment. The threshold planning quantities for
emergency planning provisions (Section 302) were designed to help States
and local communities focus their planning efforts. The TPQ is based on
those quantities of substances that potentially will cause the greatest harm
should an accidental release occur. The Agency has taken several steps to
make the TPQs and the RQs consistent.
February 29, 1988
Page 25
-------
First, in a separate rulemaking under CERCLA Section 102, the Agency has
already proposed lowering the RQ values of seven of these chemicals.
Second, as discussed elsewhere in this rule, changes in the TPQ quantitative
categories and the reassignment of the TPQ values based on reevaluation of
the toxicity data has resulted in elimination of inconsistencies for seven other
chemicals.
Third, seven of the substances are solids which have been assigned TPQ
values of 10,000 pounds unless they meet special conditions regarding
physical form or chemical properties. Solids in solution, in molten form, of
a particle the size of 100 microns or less, or of a highly reactive nature revert
to the lower TPQ values. Fourth, the Agency is currently reviewing
additional information on five other chemicals and plans to propose revisions
of their RQ values based on this new information. Finally, EPA intends to
resolve the remaining inconsistencies by adjusting the RQs of the substances
as part of a proposed rule later this year. In that rulemaking, EPA will
designate the remaining extremely hazardous substances as CERCLA
hazardous substances under CERCLA Section 102 and revise the one pound
statutory RQs for the extremely hazardous substances.
February 29, 1988
Page 26
-------
LIABILITY UNDER TITLE III
Can individuals, as members of a State emergency response
commission or a local emergency planning committee, be sued
and/or be liable for their commission's or committee's failure to
fulfill its Title III requirements?
Under Section 326, an individual may assert a federal cause of action against
a State emergency response commission in Federal court for the
commission's failure to fulfill certain obligations under the Act. Section 326
authorizes only injunctive relief against a State commission, i.e., if
successful, the citizen may compel the State commission to fulfill the Title in
obligations listed under Section 326, but may not receive money damages for
the State's failure to do so. The Act does not create a federal cause of action
for citizens who wish to sue individuals as members of these State
commissions. Thus, whether an individual can be liable as a member of a
State commission is a question of the law of each particular State.
Unless the individual is guilty of gross negligence (the standard in most states
as discussed below), only the state commission/committee and not the
individual is potentially liable. Furthermore, unless there exists a citizen suit
provision, liability against the commission or committee propably will not
exist under State law.
What are the liabilities of members of a State emergency response
commission and a local emergency planning committee, if an
incident is not handled properly despite following procedures
developed and reviewed by those commission and committee
members? Can the individual members be sued and held liable?
The general rule is that persons who serve on government committees have
no liability for their actions except for gross negligence. According to
EPA's Office of General Counsel, however, this issue varies from State to
State. Those who wish to know the answer to this question must check with
their individual State Attorney General's offices with regard to liability when
serving on State emergency response commissions and with their City
Council's office with regard to serving on local emergency planning
committees.
February 29, 1988
Page 27
-------
MSDS REQUIREMENTS
(SECTION 311)
What are the requirements of Section 311 and what facilities are
covered? Are there thresholds for reporting?
Section 311 requires that the owner or operator of a facility must submit a
Material Safety Data Sheet (MSDS) for each hazardous chemical which meets
or exceeds a specified threshold at the facility, to the state emergency
response commission, the local emergency planning committee, and the local
fire department with jurisdiction over the facility. A list of MSDS chemicals
may be submitted instead of an MSDS for each chemical.
Section 311 applies to any facility required under the Occupational Safety
and Health Act to prepare or have available an MSDS for a hazardous
chemical. At present, this requirement to prepare or have available MSDSs
applies only to manufacturing facilities falling under Standard Industrial
Classification (SIC) codes 20-39. By August 23,1988, however, non-
manufacturing facilities also must comply with the requirement.
In a regulation published on October 15,1987, EPA established a threshold
below which facilities do not need to report. By October 17,1987, MSDSs or
a list of MSDS chemicals must be submitted on all hazardous chemicals
present at a covered manufacturing facility in quantities that equal or exceed
10,000 pounds. EPA has designated a different and lower reporting
threshold for extremely hazardous substances. The reporting threshold is
500 pounds or the threshold planning quantity, whichever is less.
Because EPA has yet to establish a permanent threshold level effective the
third year of reporting, MSDSs or a list of MSDS chemicals must be
submitted by October 17,1989 (or two years and three months after the
manufacturing facility first becomes subject to these requirements), for all
hazardous chemicals present in quantities between zero and 10,000 pounds
for which an MSDS has not been submitted. However, EPA intends to revise
the permanent threshold (effective the third year) such that the threshold will
not be as low as zero pounds. That threshold will be established based on a
study of first year reporting and public comments. Revised MSDSs will be
provided to the local emergency planning committee, the state emergency
response commission, and the local fire department within three months after
discovery of significant new information concerning the hazardous chemical.
February 29, 1988
Page 28
-------
How does the Occupational Safety and Health Administration
(OSHA) expansion of the Hazard Communication Standard affect
Section 311?
Section 311 of Tide EQ applies to any facility covered by the OSHA Hazard
Communication Standard (HCS). On August 24,1987, OSHA published a
rule expanding the coverage of HCS, which had previously been limited to
the manufacturing sector, to non-manufacturing facilities. The effective date
of this expansion is May 23,1988. Three months after this effective date
(August 23,1988), these facilities are required to comply with Section 311.
The phase-in rule for the non-manufacturing facilities would follow this
schedule:
• August 23,1988 — for facilities having any quantity at or above
10,000 pounds for hazardous chemicals and 500 pounds or the
threshold planning quantity, whichever is lower, for extremely
hazardous substances;
• August 23,1990 —for facilities having any quantity above zero
pounds for both hazardous chemical and extremely hazardous
substances, threshold level to be published by EPA.
The thresholds for the non-manufacturing sector are under review to
determine the appropriate amounts.
Is the Section 311 requirement an annual or a one-time reporting
requirement?
Section 311 is not an annual reporting requirement. EPA has designed a three
year "phase-in" schedule to balance the public's right to know with the
potentially overwhelming flood of information to state and local
governments. All hazardous chemicals present in quantities above the
established threshold must have been submitted on or before October 17,
1987. EPA will also establish a third year threshold reporting on or before
October 17, 1989.
Updates are due within three months after the discovery of significant new
information or when a new hazardous chemical becomes present at the
February 29, 1988
Page 29
-------
facility above established levels. Following this system, each hazardous
chemical is only reported once, but the reporting of the chemicals could fall
at two different times.
Will the reporting thresholds for those facilities covered by the
OSHA expansion (those facilities required to comply with Section
311 in August 1988) be the same as those for the October 17,
1987, requirement?
Yes, unless EPA revises the regulations. Based on information currently
available, EPA believes that the threshold that applies to the manufacturing
sector currently subject to Sections 311 and 312 would also apply to the non-
manufacturing facilities that will soon be subject to the MSDS requirements.
However, concerns have been raised over the need to provide separate
thresholds for the facilities subject to these requirements as a result of
OSHA's expanded MSDS requirements. As a result, EPA is undertaking a
more detailed analysis of the universe newly covered by the OSHA MSDS
requirements, including a more detailed analysis of small business impacts
and the need for separate thresholds for such facilities. EPA will revise those
thresholds, if necessary, based on that analysis.
How would a facility report a hazardous chemical that they
acquired above the reporting threshold after the October 17,
1987, deadline for Section 311?
An update must be submitted within three months anytime there is discovery
of significant new information, or if an unreported hazardous chemical is
present in a quantity exceeding the reporting threshold. This update can be
the MSDS for the new hazardous chemical, an updated list of hazardous
chemicals or an addendum to the original MSDS list submitted.
What is required if a list is submitted instead of the actual
Material Safety Data Sheets (MSDS) under Section 311?
Instead of submitting an MSDS for each hazardous chemical, the owner or
operator may submit a list of the hazardous chemicals for which the MSDS is
required. This list must be grouped by hazard category (acute health hazard,
fire hazard, reactive hazard, chronic health hazard, and sudden release of
February 29, 1988
Page 30
-------
pressure hazard) and must include the chemical or common name of each
hazardous chemical as provided on the MSDS.
Why does EPA recommend submitting a list rather than Material
Safety Data Sheets (MSDS) to meet the requirements of Section
311?
Lists will minimize the paperwork burden for State and local governments
and local fire departments. In addition, the list can be used as an index to
inventory forms required under Section 312, since the information on both
forms is grouped in terms of hazard categories. Local government officials
and fire departments can request individual MSDSs for hazardous chemicals
if it is a priority for their community.
If a facility submits a list to comply with Section 311, does the
facility have to supply a revised MSDS with significant new
information or a new MSDS for substances that become present
on site after the initial reporting deadline and exceed the
threshold within three months as required by Section 311(d)7
If a facility has submitted only a list of hazardous chemicals, rather than the
actual MSDS, the facility does not need to file a revised MSDS for any
hazardous chemical upon discovery of new information. However, a facility
must submit a revised list or an addition to the list if the new information
about that chemical changes the hazardous category under which it falls or
the facility acquires a new substance above the threshold level that was not
included on the initial list.
February 29, 1988
Page 31
-------
Where should citizens go to request MSDSs on chemicals in a
facility within their community?
Each submitted MSDS or list along with the community emergency response
plan, and inventory form (described below) are to be made available to the
public at a designated location during normal working hours. Each local
emergency planning committee (LEPC) must publish annually a notice in
local newspapers that the above forms have been submitted and are open to
public viewing at the designated location. In addition, any person may obtain
an MSDS by submitting a written request to the LEPC. If the committee does
not have the MSDS, the local emergency planning committee is required to
request it from the owner or operator of the facility. If requested through
the LEPC, MSDSs can be obtained for hazardous chemicals present at a
facility in amounts below the threshold.
February 29, 1988
Page 32
-------
TIER I/TIER II REPORTING
(Section 312)
The reporting under Section 312 is in two tiers, Tier I and
Tier II. What are the general differences between the two forms?
Section 312 includes a two tier approach. Tier I requires information (such
as maximum amount of hazardous chemicals at the facility during the
preceding year, an estimate of the average daily amount of hazardous
chemicals at the facility, and the general location) be aggregated and reported
by hazard categories. Tier n requires information to be reported for each
individual hazardous chemical. Tier II not only requires the information
mentioned above, but also requests information on specific location and
storage.
Finally, Tier I is required by law; Tier II is required only upon
request by the local committee or State commission. However, a covered
facility may submit Tier II forms instead of Tier I forms.
Who is required to submit a Section 312/Tier I Form?
The requirements of Section 312 (40 CFR 370) apply to the owner or
operator of any facility that is required to prepare or have available a
material safety data sheet for a hazardous chemical under the OSHA Hazard
Communication Standard. Reporting thresholds have been established under
this Section below which a facility does not need to report. These thresholds
are:
For extremely hazardous substances:
• 500 Ibs or the threshold planning quantity, whichever is lower, on
March 1,1988 and annually thereafter.
February 29, 1988
Page 33
-------
For hazardous chemicals which are not extremely hazardous substances:
• 10,000 Ibs for March 1, 1988 (for calendar year 1987, or the first year
reporting);
• 10,000 Ibs for March 1,1989(for calendar year 1988, or the second
year reporting);
• for March 1,1990 (for calendar year 1989, or the third year
reporting) and annually thereafter EPA will publish threshold amount.
Where should the Tier I form be sent and what is the deadline?
The owner or operator subject to this reporting requirement must submit a
Tier I inventory form (or the optional Tier II inventory form) for all
hazardous chemicals present at the facility in excess of the established
threshold to the State emergency response commission, the local emergency
planning committee, and the local fire department with jurisdiction over the
facility.
The deadline for submitting Tier I (or the optional Tier II) inventory forms
is March 1,1988, and annually thereafter by March 1.
How should locations be identified on Tier I/Tier II forms?
Tier I forms provide for listing the general location for all applicable
chemicals in each hazard category, including the names and identifications of
buildings, tank fields, lots, sheds, or other such areas.
Tier II forms provide for reporting buildings, at a minimum, and allow
facilities to describe briefly the location of hazardous chemicals on the form
itself or to submit site plans or site coordinates. Submitting additional
information, such as site plans and site coordinate systems, may be useful on a
site-by-site basis but is not necessary for every facility.
February 29, 1988
Page 34
-------
How will citizens have access to Tier I or Tier II inventory
forms?
Tier I information may be obtained from State emergency response
commissions or local emergency planning committees during normal
working hours.
Tier n information for a specific chemical at a facility may be obtained by
sending a written request to the State emergency response commission or
the local emergency planning committee. If they do not have the requested
Tier II information, they must obtain it from the facility. For chemicals
present below 10,000 pounds, the response is discretionary and depends on
the justification of need by the requestor. The facility must make the
information available to the SERC or LEPC if they request it on behalf of the
individual.
In complying with a public request for Tier II information under
Section 312, how is "need" determined?
Guidelines for determining need to know are the responsibility of the local
emergency planning committees and state emergency response commissions.
OSHA expanded its Hazard Communication Standard on August
24, 1987. Does this affect Section 312 of Title III?
Yes. OSHA has expanded the Hazard Communication Standard (HCS) to
cover non-manufacturers as well as manufacturers in all Standard Industrial
Classification (SIC) Codes. The effective date of the expansion of HCS for
non-manufacturers is May 23,1988. Therefore, facilities that are newly
covered by this expansion will be subject to Section 312 reporting
requirements on March 1,1989 for reporting on calendar year 1988.
February 29, 1988
Page 35
-------
HAZARD CATAGORIES
(SECTIONS 311 AND 312)
Section 311 and Section 312 group chemicals according to hazard
categories. What are these categories?
In the law, the reporting requirements for Section 311 and Section 312 are
based on the 23 physical and health hazards identified under OSHA
regulations. Under Sections 311 and 312, EPA was permitted to modify
these categories of health and physical hazards. EPA recognized that a
smaller number of reporting categories might make managing the
information easier as well as increase its usefulness, particularly since
information on chemicals that present more than one hazard must be
provided in all applicable categories. Based on public comment, EPA
modified OSHA's 23 hazard categories to the following five hazard
categories:
Immediate (acute) health hazard, includes "highly toxic," "toxic,"
"irritant," "sensitizer," "corrosive," and other hazardous chemicals
that cause an adverse effect to a target organ which usually occurs
rapidly as a result of short term exposure.
Delayed (chronic) health hazard, includes "carcinogens" and other
hazardous chemicals that cause an adverse effect to a target organ and
the effect of which occurs as a result of long term exposure and is of
long duration.
Fire hazard, includes "flammable," "combustible liquid,"
"pyrophoric," and "oxidizer."
Sudden release of pressure hazard, includes "explosive," and
"compressed gas."
Reactive hazard, includes "unstable reactive," "organic peroxide," and
"water reactive."
February 29, 1988
Page 36
-------
MIXTURES
(SECTIONS 311 AND 312)
How are mixtures handled for Sections 311 and 312 reporting?
The owner or operator of a facility may meet the requirements of Sections
311 and 312 by choosing one of two options:
• Providing the required information on each component that is a
hazardous chemical within the mixture. In this case, the concentration
of the hazardous chemical in weight and percent must be multiplied by
the mass (in pounds) of the mixture to determine the quantity of the
hazardous chemical in the mixture. No MSDS has to be submitted for
hazardous components in a mixture with quantities under 0.1 percent
for carcinogens and 1 percent for all other hazardous components of
the total weight of the mixture.
• Providing the required information on the mixture as a whole, using
the total quantity of the mixture.
When the composition of a mixture is unknown, facilities should report on
the mixture as a whole, using the total quantity of the mixture.
For Section 311 reporting, how are mixtures identified if a list is
submitted instead of the MSDSs?
An owner or operator can comply with the requirements of Section 311 for a
mixture of hazardous chemicals by providing the common or trade name of
the mixture listed by hazard category or by listing the hazardous
components.
Under Sections 311 and 312, when extremely hazardous
substances are contained within a mixture, does a facility still
have the option to report the mixture as a whole or by its
hazardous components?
Yes; the mixture may be reported as a whole or by its hazardous components.
February 29, 1988
Page 37
-------
With regard to thresholds in mixtures, how is reporting under
Sections 311 and 312 handled if a facility has a number of
different mixtures on-site and each is under 10,000 pounds but
the mixtures contain an aggregated quantity of an extremely
hazardous substance (EHS) that exceeds its reporting threshold?
Since the EHS that is a component in the mixture exceeds the reporting
threshold for that EHS (in this case lower than the reporting threshold of
10,000 pounds for mixtures) the EHS—or the mixture—must be reported.
February 29, 1988
Page 38
-------
EXEMPTIONS
(SECTIONS 311 AND 312)
Are there any exemptions under Title III for Sections 311 and
312?
There are five exemptions under Sections 311 and 312. There are also a
number of exemptions under the OSHA Hazard Communication Standard
which affect the requirement for preparing or having available an MSDS.
These are listed in the instructions for Tier I and Tier n forms.
Are research laboratories and medical facilities exempt from
reporting under Sections 311 and 312?
Research laboratories and medical facilities are not exempt from reporting
requirements under Sections 311 and 312, rather, Section 311(c) (4) of Title
EH excludes from the definition of hazardous chemical: "Any substance to
the extent it is used in a research laboratory or a hospital or other medical
facility under the direct supervision of a technically qualified individual."
The exclusion applies to research laboratories as well as quality control
laboratory operations located within manufacturing facilities. Laboratories
that produce chemical specialty products or full-scale pilot plant operations
are considered to be part of the manufacturing facility and therefore would
not be a "research laboratory."
With respect to hospitals or medical facilities, the exemption applies only to
hazardous chemicals that are used at the facility for medical purposes under
the supervision of a "technically qualified individual." Veterinary facilities
are included.
February 29, 1988
Page 39
-------
A pharmaceutical research lab contains a pilot plant as part of its
overall operation. The products manufactured in the pilot plant
are not sold, but are distributed to hospitals and other health care
facilities for use in continued clinical testing. Is the pilot plant
exempt or must it report its hazardous chemicals under Sections
311 and 312?
In this case, because the pilot plant operation does not manufacture products
for sales, the hazardous chemicals would be exempt. The primary function of
the plant is research and testing.
Is a facility that manufactures household products exempt from
reporting under Sections 311 and 312 due to the household
product exemption in Title III?
Section 31 l(e) exempts from the definition of "hazardous chemical" any
substance to the extent it is used for personal, family, or household purposes,
or is present in the same form and concentration as a product packaged for
distribution and use by the general public. This exclusion applies to
household or consumer products, either in use by the general public or in
commercial or industrial use when the product has the same form and
concentration as that intended for use by the public. It also applies to these
products when they are in the same form and concentration prior to
distribution to the consumer, even when the substance is not intended for use
by the general public. The term "form" refers to the packaging, rather than
the physical state of the substance. However, the manufacturer is exempt
from reporting the manufactured product only when the product is in the
final consumer form. The manufacturer is not exempt from reporting the
raw or processing materials.
A facility purchases sheets of metal in order to manufacture its
final product. A MSDS is received with this order. Must this be
reported under Sections 311 or 312?
Steel and other non-reactive solids are generally exempt from MSDS
requirements under OSHA (and thus from Sections 311 and 312) because
OSHA exempts from the definition of "hazardous chemical" those substances:
February 29, 1988
Page 40
-------
• Formed to a specific shape or design during manufacturing,
• Which have an end use function dependent upon that shape or design,
• To the extent they do not release or otherwise result in exposure to a
hazardous chemical under normal conditions of use (see 29 CFR
1910.1200(b)).
Therefore, the initial raw materials (i.e., sheets of metal) and the final
product (i.e., manufactured item) are exempt from reporting to the extent
they do not result in exposure to a hazardous chemical.
Pipelines and similar transport systems have been included in the
recent OSHA expansion (FR August 24, 1987). Must the
"storage" materials in these facilities be reported under Sections
311 or 312?
Materials in pipelines are included in the general exemption for
transportation-related facilities from all requirements under Title HI except
Section 304 release reporting. Therefore, despite the new coverage of these
facilities under OSHA, the materials in pipelines are not subject to Sections
311 and 312.
Under Sections 311 and 312, must a farmer report the fertilizers,
pesticides, and other chemical substances he uses to protect his
crops?
Because OSHA's Hazard Communication Standard curently applies only to
manufacturing facilities, farming operations are not covered under Sections
311 and 312. However, farming operations that include a manufacturing
facility (within Standard Industrial Classification (SIC) Codes 20-39)
presently are subject to Sections 311 and 312. In additions, farming facilities
not within these SIC codes but covered under the new OSHA expansion (FR
August 24,1987) generally will be covered by Sections 311 and 312 once this
expansion becomes effective on May 23,1988. As such, they must comply
with Section 311 MSDS or list requirements by August 23,1988, and with
the Section 312 inventory reporting by March 1,1989.
February 29, 1988
Page 41
-------
Even if a farming operation is covered under Sections 311 and 312, it may
still be exempt from most reporting requirements. Under Section 311(e)(5),
any substance—when used in routine agricultural operations—is exempt
from reporting under Sections 311 and 312. This exemption is designed to
eliminate the reporting of fertilizers, pesticides, and other chemicals
substances when stored, applied, or otherwise used as part of routine
agricultural activities. Thus, the storage and use of pesticide or fertilizer on a
farm would be considered the use of a chemical in a routine agricultural
operation and is therefore exempt under Sections 311 and 312.
Would a farm supplier or retail distributor be excluded from
Sections 311 and 312 reporting based on the agricultural
exemptions?
Under Section 311(e)(5), retailers are exempted from the reporting
requirements for fertilizers only. Therefore, substances sold as fertilizers
would not need to be reported under Section 311 and 312 by retail sellers.
However, other agricultural chemicals, such as pesticides, would have to be
reported by retailers and suppliers of such chemicals when retailers and
suppliers become subject to the recently expanded OSHA Hazard
Communication Standard.
How are the activities of "farm cooperatives" interpreted for
reporting purposes?
Currently, farm cooperatives would be subject to Sections 311 and 312
reporting requirements only if their operations are in the Standard Industrial
Classification (SIC) codes 20-39.
Tobacco and tobacco products are exempt from reporting under
Sections 311 and 312. Does this mean that nicotine extracted
from the tobacco is also exempt?
No. Current OSHA regulations exempt tobacco or tobacco products under
the definition of a hazardous chemical. Since Sections 311 and 312
incorporate this definition of hazardous chemicals, this exemption applies
only to the tobacco and tobacco products. However, nicotine, when extracted
from the tobacco, is not exempt because it is not a tobacco product.
February 29, 1988
Page 42
-------
Are mining facilities required to notify under Sections 311 and
312?
Mining facilities regulated by the Mining Safety and Health Administration,
(MSHA) are not subject to OSHA's Hazard Communication Standard (HCS)
and, therefore, are not subject to the Sections 311 and 312 requirements.
However, it should be noted that because MSHA covers only actual mining
activities, all other operations, such as refining, are covered under OSHA's
HCS and are thus subject to Sections 311 and 312.
Are petroleum products exempt from the reporting requirements
of Sections 311 and 312?
Petroleum products are not specifically exempted from Sections 311 or 312
reporting. However, some products could fall under the exemptions listed in
Section 3 ll(e).
Is household heating fuel exempt from the Sections 311 and 312
requirements?
The household product exemption that appears in Section 31 l(e) applies to
household products, even when in industrial, commercial, or other uses. A
"household product" is a product intended for use by the general public, or
by other persons or entities but packaged in the same manner and in the same
concentration. Therefore, heating fuel contained in tanks similar in size to
those used at a household would be exempt from the Sections 311 and 312
reporting requirements. Larger tanks held by the manufacturers or
distributors of the heating fuel would not be exempt.
Considering the OSHA expansion to the non-manufacturing
sector, are State facilities required to meet the notification
requirements of Sections 311 and 312 of Title III?
No. Sections 311 and 312 apply to owners and operators of facilities who
must prepare or make available an MSDS under the Occupational Health and
Safety Act of 1970 (OSHA) and its implementing regulations. OSHA does not
February 29, 1988
Page 43
-------
apply to State governments. (OSHA applies to "employers" and States are
specifically excluded from the definition of "employers.") Although States
may choose to administer their own occupational safety program in lieu of
the Federal government's OSHA program, such a program must be
administered exclusively under State law. Furthermore, unlike State-
administered programs under some environmental statutes (e.g., RCRA), the
State standards do not become Federal standards once the State plan is
approved by the Occupational Health and Safety Administration. Thus
Sections 311 and 312 do not apply to State facilities because OSHA and its
implementing regulations do not apply State facilities.
How are facilities whose activities fall under various different or
multiple Standard Industrial Classification (SIC) codes affected
by Sections 311 and 312 reporting requirements?
The facilities currently required to prepare Material Safety Data Sheets
(MSDS) under OSHA's Hazard Communication Standard (HCS) are those in
SIC codes 20-39. As Sections 311 and 312 requirements apply to those
facilities covered by OSHA's HCS, these are the same facilities required to
report under Sections 311 and 312. If a facility has any activity falling under
SIC codes 20-39, the reporting requirements apply to the facility's entire
operation. Most manufacturing facilities fall under SIC codes 20-39. Any
facility affected by the expansion of OSHA's HCS (see ER August 24,1987)
requirements to prepare or have available MSDSs will be subject to Section
311 and 312 requirements as of August 23,1988.
February 29, 1988
Page 44
-------
PREEMPTION
(SECTIONS 311 AND 312)
What effect will Sections 311 and 312 requirements have on
existing State and local "Right-to-Know" programs?
Title HI does not pre-empt existing State or local laws. Sections 311 and 312
requirements establish "ground rules" for submitting information about the
presence of hazardous chemicals in the community. Where existing "Right-
to-Know" laws are in place, officials should examine their programs to see if
their requirements conform to those established under Title EQ. Some key
factors to consider are:
• What kind of information is required?
• What chemicals are covered?
• What facilities are covered?
• Is information publicly available?
• What are the reporting periods and frequency of reports?
• Under what conditions can trade secret protection be granted?
Existing Right-to-Know programs that meet (or exceed) the basic require-
ments of Title HI will satisfy Sections 311 and 312 reporting requirements.
To avoid duplicate reporting forms, State and local governments may use
their own forms, but such forms must, at a minimum, include the content of
the published uniform federal format.
February 29, 1988
Page 45
-------
HOW THE EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW ACT AFFECTS
VARIOUS TYPES OF FACILITIES
Are farmers subject to Title III? If so, why? What exactly do
farmers have to do?
There are four major reporting requirements under Tide III: emergency
planning notification (Section 302), emergency release notification (Section
304), community right -to-know (Section 311 material safety data sheets and
Section 312 emergency and hazardous chemical inventory forms) and toxic
chemical release forms (Section 313 "emissions inventory"). Each reporting
provision has different requirements for chemicals and facilities covered.
Due to this complexity in the statute itself, each Section must be read
carefully to understand the chemicals covered and the facilities to which the
Section applies. Farmers may be subject to several of the reporting
requirements of Title III.
• Emergency Planning Notification (Section 302)
Farm owners and operators are most likely to be subject to the emergency
planning requirements of Section 302. Farms were not exempted from this
provision, since the law was designed to generally identify all facilities that
have any of the listed 366 extremely hazardous substances present in excess
of its threshold planning quantity (TPQ). The TPQ is based on the amount of
any one of these substances which could, upon release, present human health
hazards which warrant emergency planning. The TPQ emergency planning
trigger is based on these public health concerns rather than the type of facility
where the chemicals might be located. The type of facility and degree of
hazard presented at any particular site, however, are relevant factors for
consideration by the local emergency planning committees.
While many farms with chemicals in these quantities may not present a
significant hazard to their communities due to their rural location or short
holding times, other farms may well present a potentially significant hazard
if the chemicals are located in a suburban, populated area or near a school,
hospital, or nursing home. Even in a rural area, large volume storage could
also be a concern. Although these substances may only be stored or used
periodically, there is always the possibility of accidents which could present a
hazard to the community. Finally, in the event of a fire or other emergency
February 29, 1988
Page 46
-------
on the farm, local responders should know what chemicals they might
encounter in order to take appropriate precautionary measures. The hazard
posed by an individual farm or ranch must be on a site-specific basis.
Communities must know which facilities may present a potential for
chemical releases so they can determine the nature of the risk to the public
and to emergency responders in the event of a release. Title EH established
State and local planning organizations and notification requirements to meet
these needs. Local emergency planning committees can best address these
concerns by working with farm representatives.
To meet the emergency planning requirements of Title HI, farm owners and
operators must determine if they have any of the listed 366 substances in
excess of the threshold planning quantity (TPQ) present on their farms at any
one time in concentrations greater than one percent by weight. This
requirement applies even if the chemicals are present for only a short period
of time before use. There is no exemption to this requirement for farms or
for substances used in routine agricultural operations.
If any of the 366 substances is present in excess of its TPQ, simply notify
(preferably in writing) the State Emergency Response Commission (SERC)
and the local emergency planning committee. The notification need not
include the names and quantities of identified substances, but we encourage
the inclusion of such information because it will be useful to the SERC and
the local committees in organizing and setting priorities for emergency
planning activities. This notification was required by May 17,1987 or 60
days after the TPQ is exceeded for at least one extremely hazardous
substance, whichever is later. If such notification has not been made, farm
owners and operators should do so immediately.
This is a one-time notification. Once made, owners or operators are not
required to notify the SERC further of other extremely hazardous substances
that may become present on the farm; however, they may be required to
inform the local emergency planning committee of such changes.
EPA may revise the list of extremely hazardous substances. A facility which
has any substance added to the list but which was not previously required to
notify must notify its SERC and local emergency planning committee within
60 days. EPA does not have immediate plans to add substances to this list.
Farmers required to notify under Section 302 must designate representatives
to work with the local emergency planning committee to address any need
February 29, 1988
Page 47
-------
for emergency planning involving their farms. Local emergency planning
committees were to be established by the SERC by August 17,1987.
There is no requirement for farm owners or operators to develop a farm
emergency plan. A comprehensive emergency response plan is to be
developed by the local emergency planning committee for the local
emergency planning district it covers. This plan should address, to the extent
possible, all potential chemical release hazards in the district including,
where appropriate, chemicals on farms.
• Emergency Release Notification (Section 304)
Farmers may also be subject to emergency release notification requirements
(Section 304) if they release any of the 366 listed extremely hazardous
substances or Superfund hazardous substances in excess of its reportable
quantity (RQ). Reportable quantities are the amounts of these substances
which, if released, must be reported. (RQs for Superfund hazardous
substances are specified in EPA regulations found in 40 Code of Federal CFR
Table 302.4. The CFR is available in public libraries and EPA Regional
Offices or by contacting EPA's Emergency Planning and Community Right-
to-Know Information Hotline at 1-800-535-0202). Section 304 requires
reporting of such releases to SERC and local emergency planning
committees. Reporting of releases of Superfund hazardous substances to the
National Response Center (1-800-424-8802) has been required since 1980.
Section 304 also requires a written follow-up emergency notice to the SERC
and local emergency planning commitee.
Exempted from reporting are pesticides registered under the Federal
Insecticide, Fungicide, and Rodenticide Act (FTFRA) when used generally in
accordance with its intended purpose. Also, normal application of fertilizer
would need not be reported. However, an accidental release of such
substances (or other release not generally in accord with its intended
purpose) in excess of the RQ must be reported.
Title ffl emergency release notification (Section 304) has two limitations
which are not present in Superfund release reporting. First, Title HI
(Section 304) release reporting applies only to facilities which produce, use,
or store a "hazardous chemical." Because the definition of "hazardous
chemical" in Title ffl specifically excludes substances used in routine
agricultural operations and household or consumer products, some farms or
ranches will not be subject to Section 304. Secondly, releases reportable
February 29, 1988
Page 48
-------
under Section 304 will include only those releases which have potential for
off-site exposure and which equal or exceed the applicable reportable
quantity for that substance. Thus, spills of pesticides which would require
release reporting to the National Response Center under Superfund, would
not be subject to local and State reporting under Section 304 unless there
were a potential for off-site exposure.
• Community Right-to-Know (Sections 311 and 312)
Community right-to-know reporting (Sections 311 and 312) is limited to
those facilities required to prepare or have available MSDSs under the
Occupational Safety and Health Administration's Hazard Communication
Standard. While currently limited to Standard Industrial Classification (SIC)
Codes 20-39 (mainly manufacturers and importers), some farms or ranches
may be covered if they have manufacturing operations on-site (e.g., food
processing—canning, wine-making).
Sections 311 and 312 become applicable beyond the manufacturing sector
beginning August 23,1988, as a result of the expansion of OSHA hazard
communication standard, but chemicals used in routine agricultural
operations and household products will not be subject to these reporting
requirements. Chemicals used for such purposes are excluded from the Title
HI definition of "hazardous chemical" to which the reporting requirement
applies.
• Toxic Chemical Release Forms (Section 313)
Toxic chemical release reporting (Section 313) is limited to facilities in SIC
codes 20-39 with 10 or more full time employees, but may, as indicated
above, apply to farms or ranches with on-site manufacturing operations.
• Other Provisions
Tide in also includes various provisions for civil, administrative and
criminal penalties and citizen suits for failure to comply with the
requirements of the law.
For assistance in meeting these requirements, farmers may call on their State
and county offices of the USDA Agricultural Stabilization and Conservation
February 29, 1988
Page 49
-------
Service, which have the list of 366 chemicals, their TPQs and RQs, and a list
of SERCs. They may also call EPA's Emergency Planning and Community
Right-to-Know Information Hotline at 1-800-535-0202.
Are Federal facilities subject to Title III?
Since Federal facilities were not included in the definition of person, EPA
interprets Title HI to exempt federal facilities from the Title in provisions.
However, Federal facilities are being encouraged to comply with all Title IE
provisions. Through the National Response Team and contacts with other
Federal agencies, federal facilities have indicated that they intend to comply
with the Title in requirements except in cases of national security interests.
Does a contractor for a Federal government facility need to
comply with the Title III requirements?
Yes. Federal government facilities are exempt from reporting due to
omission of Federal facilities and employees from the definition of "person"
in the Tide ffi statute. Thus, the definition excludes any employee of the
federal government from being covered by the Tide HI provisions.
However, the definition does include any other individual or private firm
even if he or she is working under a contract for a federal agency.
Therefore, all government-owned, contractor-operated facilities are
required to comply with any requirements that they may be subject to under
Tide IH of SARA.
Are landfills covered under Title III of SARA since they are
covered by Resource Conservation and Recovery Act (RCRA)?
Subtide A of Tide HI is intended to identify facilities which present a
potential hazard for a chemical emergency and to provide a process for local
emergency planning committees to work with such facilities in determining
the significance of the release hazard and developing response plans to
facilitate timely and appropriate response in the event of a chemical spill.
While EPA agrees that conditions at some facilities (including landfills) may
not pose significant chemical hazards even though extremely hazardous
substances are present in excess of the threshold planning quantity, in other
February 29, 1988
Page 50
-------
such facilities conditions will exist which do present a significant hazard.
Such assessments must be made on a site specific basis. EPA believes that
leaving such decisions to the local planning committees is consistent with the
purpose of Subtitle A. Communities must know which facilities may present
a potential for chemical emergencies so they can determine the nature of the
risk to the public and to emergency response personnel.
It is recognized that RCRA regulations already address many of the goals of
Subtitle A of Title IE. However, it is important that the facility contingency
plan and local coordination required by RCRA be coordinated with any new
State and local planning structure or community planning process established
under Tide HI. Full compliance with the RCRA requirements should
minimize additional planning activities with local committees under Title m.
Therefore, these requirements are not duplicative.
It should be noted that landfills may not be covered under the other sections
of Title in. The placing of a container of an extremely hazardous substance
into a landfill which has a federal permit for this chemical is exempt from the
Section 304 emergency release notification. Also under Subtitle B, Sections
311 and 312, most substances at landfills would be exempt due to the
exemption for any hazardous waste such as defined by the Solid Waste
Disposal Act under the OSHA Hazard Communication Standard (only
hazardous chemicals for which a MSDS must be prepared or available under
the OSHA Hazard Communication Standard must be reported under Sections
311 and 312). In addition, landfills generally do not fall into the SIC codes
20-39 covered by the Section 313 Toxic Chemical Release reporting
requirements (however, they may be covered if they have manufacturing
operations on-site).
How are the quantities of the extremely hazardous substances
(EHS) to be calculated in determining whether landfills are
subject to the Section 302 requirements?
EPA recognizes the practical problems presented for landfills in whether
they contain any EHSs in excess of the threshold planning quantities (TPQ).
However, owners and operators of landfills may base their calculations on
the one percent exclusion rule (see 40 CFR 355.30 (a)(l)), which says that if
the total weight of an extremely hazardous substance is greater than one
percent of the total weight of the landfill waste and equals or exceeds the TPQ
for that substance, the landfill would is subject to Section 302 notification
February 29, 1988
Page 51
-------
requirements. If no EHS exceeds this level, the landfill is not subject to the
emergency planning requirements under Title HI unless designated by the
Governor or SERC under Section 302(b)(2). A local emergency planning
committee may, depending on assessment of the hazards posed by a particular
facility, request participation of the facility in the Title IE planning process.
Even though many landfills may not be required to provide planning
notification, the landfill owner or operator and the local emergency planning
committee should work in cooperation to ensure that potential chemical
emergencies are addressed.
February 29, 1988
Page 52
-------
C-7
-------
United States
Environmental Protection
Agency
Office of Solid Waste
and Emergency Response
Washington DC 20460
September 1988
Community
Right-to-Know and
Small Business
Understanding Sections 311 and
312 of the Emergency
Planning and Community
Right-to-Know Act of 1986
Campus Cleaners
Shirts
Wools
'Bicyck.
VaCace
OPEN
-------
Table of Contents
This brochure has been developed to provide small businesses with important informa-
tion on whether to report, and how and what to report under Sections 311 and 312 of
the Emergency Planning and Community Right-To-Know Act of 1986. The document is
not intended to replace any regulations written in support of the law. It is intended to
assist the small business owner with compliance. Also, the brochure does not detail all
of the sections of the Emergency Planning and Community Right-To-Know Act of 1986.
You may face other requirements under this law.
Historical Background !". 1
Title III and Its Purpose .1
Overview: Community Right-to-Know 2
Reporting Requirements Background - Hazard Communication Standard 3
Do I Have To Report? 4
Facility 4
Substances 5
Exemptions 5
Thresholds 5
How Do I Report? '. 7
What Do I Report? 7
Section 311 8
Section 312 9
How Will This Information Be Used? 10
Trade Secrets : 10
Conclusion 11
Questions & Answers For Sections 311 and 312 Reporting .12
Useful Phone Numbers and Addresses .17
State Emergency Response Commissions .17
EPA Regional Offices 19
Acronyms and Terms 20
For Further Information 21
Facility Example and Sample Forms 22
Section 311 List 22
Section 312 Tier II Form 23
-------
Historical Background
In December 1984, a cloud of highly toxic methyl
isocyanate spewed from a chemical plant in Bhopal,
India, blanketing the surrounding area in poison. The
result—over 2,000 people dead and thousands more
injured. Damaged lungs, reduced oxygen flow,
severe headaches and temporary blindness accom-
panied these deaths. Even today, poor health contin-
ues to afflict that community. The gravity of this
tragedy opened the eyes of the world to the dangers
of chemical accidents. Eight months later, a less toxic
derivative of that chemical escaped from a West Vir-
ginia plant, bringing these same concerns home to the
United States.
Accidents can happen—at any facility in the appropri-
ate circumstances. In Bhopal, prevention equipment
had been installed and a local evacuation plan devel-
oped. Unfortunately, the equipment was not in serv-
ice, and the neighboring community was not aware of
the plans. The lack of knowledge proved fatal.
Blocke's
Garden Center!
Chemicals serve our world
well. Paints, plastics,
medical supplies, cleaning
fluids and countless other
necessities play integral
roles in our lives. The manu-
facturing processes for these
goods and the goods them-
selves often involve hazard-
ous chemicals, but know-
ledge of the hazards and
proper use of the substances help ensure safe
factories and businesses. Until recently, that seemed
sufficient. However, as Bhopal demonstrated, the
general public also needs such knowledge in prepara-
tion for chemical accidents.
Title III and Its Purpose
The United States Congress understood this need
and responded with the Emergency Planning and
Community Right-To-Know Act of 1986. This law,
also known as Title III of the Superfund Amendments
and Reauthorization Act (SARA), involves four com-
plementary activities:
1. Emergency planning (Sections 301-303)
Local Emergency Planning Committees must
organize collected chemical information and de-
velop emergency response plans for their commu-
nity. Facilities where extremely hazardous
substances are present above specified threshold
planning quantities (see pages 5-6) must be
among those who participate in this planning
process.
2. Emergency notification (Section 304)
Facilities must report accidental releases of certain
hazardous substances above specified reportable
quantities to State Emergency Response Commis-
sions and Local Emergency Planning Committees.
3. Community right-to-know reporting (Sections
311-312)
Facilities required to prepare or have available a
Material Safety Data Sheet for hazardous chemi-
cals must submit detailed information to the State
Emergency Response Commission, a Local Emer-
gency Planning Committee, and the local fire
department.
4. Toxic chemical release reporting (Section 313)
Manufacturing facilities that release certain toxic
chemicals must report the total amount of emis-
sions to the Environmental Protection Agency in
Washington, D.C and to State officials.
Together, Title III creates a working partnership, con-
sisting of industry and small business, state and local
government officials, public health and emergency
response representatives, and other interested
citizens. Through this interaction and information-
sharing, a safer community can result. Indeed, all
parties share the responsibility for Title III, and every-
one will benefit.
-------
Section
311
Community Right-To-Know
Sections 311 and 312 of Title III—popularly named
community right- to-know—are the focus of this bro-
chure. These
provisions, which
affect facilities
where hazardous
chemicals are
present, require
submission of data
on the amount,
type and location of
those substances.
The collected data serve as an essential informational
tool for local planners and response personnel,
providing the basis for the emergency planning
process of Title III.
Perhaps most important, fire departments and health
officials can tap this wealth of knowledge. At present,
firefighters face great risks in battling chemical blazes
at factories, small businesses, hospitals, schools.
Many chemicals demand special precautions and
techniques. If used correctly, Title III information can
|rovide emergency workers with vital data, enabling
jnem to respond safely to chemical accidents. Like-
wise, medical personnel require ready access to such
storage data. Unusual symptoms caused by chemical
spills demand immediate attention. Title III will help.
Sections 311 and 312 also create a new entitlement.
The public in every state now has the "right-to-know"
about hazardous chemicals present at facilities
located in the community. Now, any citizen can
request such detailed information. Never before have
data on chemical use been so accessible to the
public. And never before have so many businesses
been potentially affected by a reporting regulation. All
companies, large or small, manufacturing or non-
manufacturing, may be subject to this inventory
reporting.
Since the law includes a sector unaccustomed to such
reporting requirements—the small business commu-
nity—special help is being offered in this brochure.
These opening pages provide a brief overview of Title
III. The bulk of the brochure details in step-by-step
fashion the community right-to-know requirements
and allows you, the small business owner, to deter-
mine whether you must report, and if so, what. The
final pages provide other help, such as an index of the
terms and acronyms used in the brochure, and a
reference guide of useful contacts, phone numbers
and addresses.
Section
312
Every effort has
been taken to
clarify the commu-
nity right-to-know
reporting require-
ments of Title III.
The goal is to
assist you in
complying with the
law—an action
serving everyone's interests. Though the reporting re-
sponsibilities will require extra effort on your part, you
will gain through emergency response plans for your
facility, improved relations with your community, and
perhaps, better management and chemical handling
practices. And compliance with Title III will save you
from fines of up to $25,000 per day.
NOTICE
Under Title III, states have the authority to go
beyond the reporting requirements written in
; the law. Title III is the base for right-to-know
reporting—it is the minimum. Since your state
law may be stricter than Title III, please check
wiith your State Emergency Response Com-
mission to make sure that your submissions
meet all necessary requirements.
-------
Reporting Requirements
Background - Hazard Communication Standard
The community right-to-know reporting requirements
build on the Occupational Safety and Health
Administration's (OSHA) Hazard Communication
Standard (HCS). The hazardous chemicals defined
by the HCS are the hazardous chemicals of Sections
311 and 312. Initially, the HCS applied only to manu-
facturers (designated by the Standard Industrial Clas-
Hazard Communication Standard
Worker Right-to-Know
sification (SIC) codes 20 - 39). However, in 1987,
OSHA amended the regulation to incorporate all
businesses, regardless of classification or size. As a
result, your small business may now be subject to
community right-to-know reporting.
Under the Hazard Communication Standard, chemical
manufacturers and importers must research the
chemicals they produce and import. If a substance
presents any of the physical and health hazards
specified in the HCS, then the manufacturer or
importer must communicate the hazards and cautions
to their employees as well as to "downstream" em-
ployers who purchase the hazardous chemical. The
goal behind the HCS is a safer workplace—workers,
informed of the hazards they encounter on the job,
can create that environment.
One of the required tools of hazard communication is
the Material Safety Data Sheet (MSDS). These
documents provide many valuable details on the haz-
ardous chemicals regulated by OSHA. Quite likely,
you are already familiar with these useful documents.
If not, you must become so. The MSDS contains
health and safety information for you, and due to the
relationship of Title III and the Hazard Communication
Standard, having an MSDS indicates that you have a
hazardous chemical which may require reporting
under Sections 311 and 312.
Though the Hazard Communication
Standard contains no formal list of
chemicals, any of roughly 500,000
products may trigger the requirement.
The responsibility for issuing current
MSDSs rests with chemical manufac-
turers, distributors and importers, but
the chemical user must ensure proper
and complete maintenance of MSDS
files. This will help you comply fully
with Title III.
Title III
Community Right-to-Know
Congress chose to link Title Ill's community right-to-
know rules to the Hazard Communication Standard
because both share a common goal of safety—Title III
for the community and the HCS for the workplace.
Understanding that connection is helpful. Although
the community right-to-know rules are associated with
the HCS, the Title III provisions are not redundant
requirements. Instead, Title III extends the informa-
tion sharing of workplace right-to-know to the entire
community, especially to emergency response
personnel.
-------
fcDo I Have To Report?
To answer the question "Do I have to report?" you
should examine four criteria—type of facility, presence
of hazardous chemicals, amount present, and any ap-
plicable exemptions. As you consider each of these,
the chart below will help you determine your reporting
status. Simply proceed through the brochure, refer-
ring to the chart as necessary.
Note: this section details "automatic" reporting only.
Facilities which are not required to report automati-
cally must still report when citizens request data. (See
page 15)
1. Facility
As noted earlier, due to the expansion of the Hazard
Communication Standard, M businesses may be
1. Type of Facility
Manufacturer
(Standard Industrial Classification
codes 20 - 39)
Follow first set of dates on page 7.
Non-manufacturer
(Regulated under the expansion of the
Hazard Communication Standard
i.e. outside SIC codes 20 - 39)
Follow second set of dates on page 7.
CRITERIA
RESULT
MUST REPORT
(all "Yes")
DO NOT REPORT
(any "No")
Do you have a hazardous chemical (includes extremely
hazardous substances) present at your facility
requiring a Material Safety Data Sheet under the
Hazard Communication Standard? (see page 5)
YES
NO
Do you have a hazardous chemical (includes extremely
hazardous substances) at your facility not exempt
under the five exemptions of Title III? (see page 5)
YES
NO
4. Do you have an extremely hazardous substance or
other hazardous chemical at your facility with its
maximum amount greater than the relevant threshold?
(see pages 5-6) EHS-500 pounds or the chemical-
specific threshold planning quantity, OR Hazardous
(Non-EHS)- 10,000 pounds
YES
NO
* If you answer "NO" to any of the three questions (2-4), then you are not required to report automatically under Sections 311
and 312 of Title III. If you answer "YES" to all of these three questions, then you must submit the reports to your State
Emergency Response Commission, Local Emergency Planning Committee and local fire department.
-------
subject to community right-to-know reporting. How-
ever, the Sections 311 and 312 reporting deadlines
for manufacturers (designated by SIC codes 20-39)
differ from the deadlines facing the non-manufacturing
community. The non-manufacturers' deadlines lag
behind those for the manufacturers by almost one
year. All the pertinent dates for the two sectors are
noted on page 7.
Beyond these differences in dates, though, all facili-
ties are treated alike. Any business with one or more
hazardous chemicals may have to report under
community right-to-know.
2. Substances
The Material Safety Data Sheet (MSDS) serves as the
indicator of hazardous chemicals at your facility. If
you are not required to prepare or keep any MSDSs,
then you have no hazardous chemicals, as defined by
the Hazard Communication Standard, at your facility.
You do not need to report. The "No" in the "Do Not
Report" column indicates that you have fulfilled the
mandatory reporting requirements for Sections 311
and 312. On the other hand, if you must prepare or
maintain any MSDSs, mark down a "Yes" to the
question and continue reading. You may be required
to report.
3. Exemptions
There are five exemptions from reporting require-
ments for community right-to-know. Some apply to
specific chemicals and some to specific chemical
uses.
1) Any food, food additive, color additive, drug, or
cosmetic regulated by the Food and Drug Administra-
tion (FDA) is exempt from reporting. With regard to
food additives, a chemical is a food additive only
when in use as a food additive, and not when it is
stored or used for other purposes, or is being sold to
another business for use as a food additive.
2) Any hazardous chemical present as a solid in a
manufactured item to the extent exposure to that
chemical does not occur under normal conditions of
use is exempt. For example, steel would be exempt
in its solid form until you weld it, cut it, grind it or do
anything else that could cause exposure to hazards
such as lead, dusts or hazardous fumes.
3) Any substance used for personal, family or
household purposes, or if present in the same form
and concentration as a product packaged for distribu-
tion to and use by the general public. Packaging, not
use, triggers the exemption. Regardless of actual use
and intended distribution, if the substance is pack-
aged in a similar way and in the same concentration
as it is when used by the general public, then that
substance is exempt. For example, a cleaner used by
your business and packaged for home use remains
exempt no matter how you use it. However, the same
cleaner, packaged in bulk amounts not intended for
sale to home users, must be reported.
4) Any substance is exempt to the extent it is used
in a research laboratory, hospital or other medical
facility under the direct supervision of a technically
qualified individual. Quality assurance labs meet the
exemption, but pilot testing labs, where manufacturing
of a product takes place, do not.
5) Any substance used in routine agricultural
operations or any fertilizer held for sale by a retailer to
the ultimate customer is exempt. Again, this exemp-
tion applies only if you are the user of the chemical, or
in the case of fertilizers, if you are a retailer holding
the fertilizer for sale to the ultimate customer.
Please note, there are additional exemptions in the
Hazard Communication Standard (HCS) governing
the preparation and maintenance requirements for
Material Safety Data Sheets. However, the five ex-
emptions noted here are the only ones that limit the
scope of the HCS. So, if al of the hazardous chemi-
cals present at your facility are exempt, then insert a
"No" in that column of the chart. If any of your hazard-
ous chemicals fail to meet these exemptions, then
enter a "Yes" and proceed.
4. Thresholds
To ease everyone's information management burden
created under community right-to-know, the Environ-
mental Protection Agency (EPA) established reporting
thresholds for the first two years of reporting. That
means that any chemical present at your facility, at
ways in an amount less than its threshold level, does
not need to be automatically reported (examples page
6).
In addition to the "hazardous chemicals" (those
indicated by a Material Safety Data Sheet), you need
-------
|o be aware of a subset of these chemicals, the List of
Extremely Hazardous Substances (EHS). The
extremely hazardous substances—all included as
"hazardous chemicals" under the Hazard Communica-
tion Standard (i.e. all require a MSDS)—were listed
initially in the November 17,1986 Federal Register.
Since then, 40 of them have been removed from the
list after public comment. Revised lists can be ob-
tained from your State Emergency Response Com-
mission (SERC) or Local Emergency Planning Com-
mittee (LEPC). Also, you can write the Emergency
Planning and Community Right-To-Know Information
Line for a copy. That address and those for the
SERCs are noted in the Appendices at the back of
this brochure.
This list of extremely hazardous substances, consist-
ing currently of 366 acutely toxic substances, repre-
Hazardous Chemicals
designated by the
Hazard Communication
Standard
366
Extremely Hazardous
Substances
500 Pounds or
Threshold Planning
Quantity,
whichever is lower
10,000 Pounds
(unless defined as
an extremely
hazardous substance
under Title 111)
sents the priority chemicals of the emergency plan-
ning effort. Accordingly, reporting thresholds are
lower for the extremely hazardous substances than
for the non-EHS hazardous chemicals, and each EHS
chemical boasts its own threshold planning quantity
(TPQ). The TPQ stipulates a storage level of concern
for the substance if the entire quantity of that sub-
stance were released. Based on the toxicity and
mobility of the chemical, the TPQ provides a reporting
threshold reflecting health and safety concerns. The
TPQ for each of these chemicals is noted on the List
of Extremely Hazardous Substances.
When considering thresholds, you must first deter-
Imine whether or not the hazardous chemical is an
extremely hazardous substance. Reporting thresh-
olds vary between these two groups. Those chemi-
cals on the EHS list trip the threshold if present above
500 pounds or the chemical-specific TPQ, whichever
is lower. Those hazardous chemicals not on the EHS
list require reporting if stored above 10,000pounds.
For example, if you own a dry cleaning facility and
never store perchloroethylene (a hazardous chemical)
in a quantity greater than 5,000 pounds, then you are
not required to report because the threshold for that
chemical of 10,000 pounds was not exceeded. How-
ever, a recreational swimming pool with 5,000 pounds
of chlorine (an extremely hazardous substance) sur-
passes the relevant 500 pound threshold and its
threshold planning quantity of 100 pounds. (For EHS,
always use the lower of 500 pounds or the TPQ).
After determining the "maximum amount" (see page
12 of the Questions & Answers) of all your non-
exempt extremely hazardous substances and hazard-
ous chemicals, check the chart for thresholds and
respond appropriately. A "No" signifies that you do
not need to report under community right-to-know.
A "Yes" means you may need to report.
Please note, after the first two years of Title III
reporting—for manufacturers October 1989,
and for non-manufacturers September 1990-
these threshold levels may change. Also,
since the thresholds depend on pounds of the
substance present at your facility, you may need
to convert the measure of some gases and liquids
from volume to weight (see page 13 of the Ques-
tions & Answers). A similar discussion of mixtures
can be found on page 16 of the Q & A Appendix.
Again, it must be emphasized that if your inventory
ever exceeds the threshold ("maximum amount"
exceeds the threshold), for any length of time, then
your reporting requirement is triggered.
In summary, if you answered "No" to any of the
questions in the chart, then you are not required to
report under Sections 311 and 312 of Title III. In
other words, if you maintain no MSDSs, store no
extremely hazardous substances and no hazardous
chemicals above their respective thresholds, 01 are
exempt for every reportable chemical at your facility,
then you need not report automatically under
community right-to-know. However, if you answered
"Yes" to all of the questions, then you must report.
PLEASE NOTE: An average 55-gallon drum of
chemicals weighs approximately 500 Ibs., the EHS
threshold.
-------
How Do I Report?
Community right-to-know is a multi-step process for
reporting, with different deadlines for manufacturers
and non-manufacturers. Non-manufacturers report
one year later than the manufacturers. The dates
noted below highlight the timing for right-to-know
requirements.
The reporting provisions of Sections 311 and 312
require submission of information to the State Emer-
gency Response Commission (SERC), the Local
Emergency Planning Committee (LEPC) and the local
fire department. Both your SERC and your LEPC are
newly formed under Title III. They are the heart of the
system. To obtain the addresses of these groups,
check the Appendix at the end of this brochure for
State Emergency Response Commissions and EPA
Regional Offices. The SERC should be able to supply
you with the address of your LEPC. Or, you could
contact the appropriate Regional Office of the Envi-
ronmental Protection Agency and obtain the informa-
tion on the SERC and LEPC there.
Though Section 311 requires no special forms, you
are responsible for obtaining the necessary report
forms for Section 312. The Local Emergency Plan-
1987
October
17
Manufacturing facilities subject to
reporting under Sections 311-312
(see pages 4-6) submit either
Material Safety Data Sheets or a list
of the reportable hazardous chemi-
cals present at their facility to the
State Emergency Response Commission, Local
Emergency Planning Committee and fire depart-
ment.
1988
March
1
Beginning March 1,1988 and conti-
nuing annually thereafter....
Manufacturing facilities subject to
reporting under Sections 311-312
(see pages 4-6) submit either Tier I
or Tier II forms to the State Emer-
gency Response Commission, Local Emergency
Planning Committee and fire department.
•s^
Key Reporting Dates for Manufacturers
(Standard Industrial Classification codes 20 - 39)
Non-manufacturing facilities subject
to reporting under Sections 311-312
(see pages 4-6) submit either
Material Safety Data Sheets or a list
of the reportable hazardous chemi-
cals present at their facility to the
State Emergency Response Commission, Local
Emergency Planning Committee and fire depart-
ment.
1989
March
1
Beginning March 1,1989 and conti-
nuing annually thereafter....
Non-manufacturing facilities subject
to reporting under Sections 311-312
(see pages 4-6) submit either Tier I
or Tier II forms to the State Emer-
gency Response Commission, Local Emergency
Planning Committee and fire department.
>
Key Reporting Dates for Non-manufacturers
(outside Standard Industrial Classification codes 20 - 39)
ning Committee and/or your State Emergency Re-
sponse Commission will serve as the key contacts.
For Section 312 reports, you will need one of two
annual inventory forms, namely a Tier I form o_£ a Tier
II form. A facility must submit only one Tier I form
annually. However, if you submit a Tier II instead,
entries must be made for each reportable chemical at
your facility. Since each Tier II form provides room for
only three chemicals, you may need several copies.
What Do I Report?
Now that you have learned of your reporting responsi-
bility, you must choose the best method for report-
ing. Though Sections 311 and 312 of Title III share
both a foundation in the Hazard Communication
Standard and the thresholds for reporting, the two
provisions entail separate reporting requirements.
Section 311 involves a one-time submission (with any
necessary updates) naming the reportable hazardous
chemicals present at your facility. Section 312
remains an annual responsibility, demanding more
-------
Detailed information on your chemical hazards and
'handling practices.
Section 311
Again, you need no special forms under Section 311.
Instead, the Material Safety Data Sheets at your
facility are your key resources. Simply compile all of
these MSDSs. After taking out those hazardous
chemicals exempted by Title III and those present
below their thresholds, submit either copies of the
remaining MSDSs QI a single list of these chemicals,
grouped by hazard category, to your State Emergency
Response Commission (SERC), Local Emergency
manage your data responsibly and effectively. How-
ever, if you do opt for submitting the list, then when
necessary, the Local Emergency Planning Committee
can request substantiating MSDSs as supplemental
information. You have a 30 day period to comply with
such a request. As noted above, the list must also be
grouped by hazard category (described on page 14 of
the Questions & Answers). Despite these added
steps, the chemical list should greatly ease your
reporting effort.
Both the list and the Material Safety Data Sheets
should include the reportable hazardous chemicals
present at your facility on your date of compliance.
Sections 311 and 312 Reporting
SECTION 311
One-time Report*
REPORTING RECIPIENTS
MSDS for all
hazardous
chemicals
or
List of all
hazardous
chemicals
State Emergency
Response Commission
SECTION 312
Annual Report
Local Emergency
Planning Committee
Local Fire
Department
Tier I
Annual
Inventory Form
or
Tier II
Annual
Inventory Form
* with updates within 90 days of when you obtain a new, non-reported substance or when a hazardous chemical in
your inventory exceeds its threshold for the first time
Planning Committee (LEPC) and local fire depart-
ment.
EPA recommends that you supply the list of your
reportable chemicals rather than the actual
MSDSs. The list will reduce your effort by removing
the necessity of copying in triplicate all reportable
MSDSs. It will also enhance the capacity of the three
recipients—SERC, LEPC and fire department-^o
The list or MSDSs were first due for the manufactur-
ing sector on October 17,1987, and are now required
for non-manufacturing businesses no later than
September 24,1988. If at any time after this initial
submission you obtain a new, non-reported
substance, or a hazardous chemical in your inventory
exceeds its threshold for the first time, then either an
updated list pi the relevant MSDS must be sent to the
State Emergency Response Commission, Local
8
-------
Emergency Planning Committee and tire department.
You have 3 months to comply with this provision.
Section 312
Section 312, unlike Section 311, is an annual report-
ing requirement and cannot be fulfilled by a one-time
submission. Each year on March 1 (beginning for
manufacturers in 1988 and for non-manufacturers in
1989), reporting facilities must submit reports,on their
inventories of hazardous chemicals. The reports,
which cover the preceding year, can be submitted
either on the Tier I or Tier II form. Though Title III
requires the Tier I submission, facilities may opt for
the Tier II instead. The Environmental Protection
Agency strongly recommends submission of the
Tier II.
The Tier I and Tier II forms solicit similar information,
including facility identification, types of substances by
hazard category (see page 14 of Questions & An-
swers), and amounts and locations of hazardous
chemicals in storage. Tier I simply compiles the infor-
mation by hazard category, whereas Tier II asks for
specific details on each hazardous chemical. The
Tier II form demands more data, but actually serves
as a first step to the Tier I. The Tier II offers another
advantage—updating your inventory upon receipt of a
new hazardous chemical builds more easily from the
Tier II base than from the Tier I.
Therefore, while a Tier I report satisfies the law just as
fully, you will probably choose to submit the Tier II in
its place. By-passing the Tier I submission with the
Tier II may save your company valuable time.
HOW DO I REPORT-SUMMARY
If you must report under community right-to-know—
i.e. you store, use or produce chemicals, requiring
maintenance of a Material Safety Data Sheet under
the Hazard Communication Standard, that are present
at your facility in excess of the appropriate threshold,
and are not exempt under Title III—then you must
submit both Section 311 and Section 312 information.
Section 311 • copies of the MSDSs of all those
chemicals requiring reporting, OR
• a single list of all those chemicals
requiring reporting, grouped by
hazard category,
must be sent to the State Emergency Response
Commission, Local Emergency Planning Committee
and the local fire department, one time, with updates
to reflect changes in your inventory.
Section 312 • the aggregate Tier I information on all
those chemicals requiring reporting,
grouped by hazard category, OR
• the chemical-specific Tier II data on
all those chemicals requiring
reporting,
must be sent to the SERC, LEPC and the local fire
department, annually every March 1.
Because the inventory reports involve so much effort
and provide such value, a detailed Question & Answer
section focusing on the Tier I and Tier II forms is
included at the end of this brochure. These hints
coupled with the instructions on each form should
cover all of your concerns. If not, then please contact
either your LEPC or SERC, or the Emergency Plan-
ning and Community Right-To-Know Information Line.
All SERC addresses and that of the Information Line
are noted in the Appendices.
-------
How Will This Information Be Used?
Now that you have fulfilled the reporting requirements
of Sections 311 and 312, you understand the enormity
of the information flow generated by Title III. With
roughly 5 million facilities in the country as potential
reporters, community right-to-know will create a
wealth of chemical information. Effective manage-
ment and use of that data must follow.
Exactly what groups and uses will community right-to-
know reporting serve? As noted earlier, the lists (or
Material Safety Data Sheets) of your reportable
chemicals and your Tier II (or Tier I) data must be
sent to three recipients—the State Emergency
Response Commission, the Local Emergency Plan-
ning Committee and your local fire department. Each
of these groups performs a role in Title III. The SERC
integrates all the chemical-user data gathered across
the state, enabling the accomplishment of state-wide
goals. The LEPC, including all the affected sectors in
the community (your neighbors), develops emergency
response plans for the community. Fire departments,
who also participate actively in the planning phase,
can learn methods and precautions required in
various emergencies. And public health officials,
though not direct data recipients, will gain from Title
III information.
The LEPCs' emergency response plans play the
critical role in the Title III effort. These plans are
designed to
identify the major
chemical dan-
gers facing com-
munities, so in
the event of an
accident, full
knowledge of the
hazards and proper emergency preparation will be
readily available to the emergency responders. Com-
munity right-to-know reporting suppports that process
by collecting the essential data.
In addition to the established groups in the Title III
structure, there will be another key participant—the
general public. Perhaps, most important of all, Title III
gave the community its right-to-know about chemical
usage in the neighborhood. Even If you have no
chemicals that trigger thresholds, you, the small
business owner, may be required to provide your
community with Information about chemical
usage and storage practices. Anyone can request
your Material Safety Data Sheets and Tier II forms
by writing their Local Emergency Planning Committee,
and you have 30 days to respond.
Just as the public can make requests beyond Title III
reporting requirements, the State Emergency Re-
sponse Commissions, Local Emergency Planning
Committees and fire departments can ask for extra
data on your chemicals, too. Only through broad
access to chemical data can public officials plan fully
for accidents and chart possible long-term health
problems caused by hazardous chemicals. Though
such right-to-know requirements can be burdensome,
the value justifies the effort of the participants.
TRADE
SECRETS
Trade Secrets
In some manufacturing processes and business prac-
tices, strict confidentiality must be maintained as pro-
tection against competitor firms. Section 311 and 312
disclosures can threaten that secrecy. For this
reason, companies can claim a chemical identity as a
trade secret and modify this reporting requirement.
Section 311 and 312 information must still be reported
to the State Emergency Response Commission, Local
Emergency Planning Committee and fire department,
but the detail of the submission is reduced. A valid
trade secret claim can protect the name of your
hazardous chemical. Please note, since trade secrets
can be claimed by suppliers, some downstream busi-
nesses may find themselves lacking the specific
chemical identity information on their hazardous
chemicals. In these instances, businesses can simply
use the trade name of the substance in reporting
under Sections 311 and 312. They will not need to
make a trade secret claim.
10
-------
Trade secret claims must be legitimate and must be
substantiated upon submission of your community
right-to-know information. This is accomplished
through completion of a trade secret substantiation
form, which you can obtain from EPA Headquarters in
Washington, D.C. The actual trade secret claims and
substantiations should be sent to the following
address^
Emergency Planning & Community Right-to-Know
P.O. Box 79266
Washington, D.C. 20024-0266
In making any trade secret claims, please follow the
guidelines in the Federal Register (see page 20)
explicitly. Incorrect submissions will not only jeopard-
ize your trade secret claim, but may also result in a
fine. All justifications-safeguards taken to protect
your secret, the harm incurred in the event of disclo-
sure, and proof that no other federal or state law
requires the information and that discovery of the
secret is impossible through reverse engineering--
must be sent to the address above. There are strict
rules in making trade secret claims, and your requests
may be challenged by the public or reviewed by the
EPA, so deny access to data only under vital and
certain circumstances. Trade secret claims found to
be frivolous can result in a fine of $25,000.
Conclusion
Community right-to-know reporting creates many new
responsibilities and tasks for you, the small business
owner-from the time involved in reporting to any
emergency planning duties resulting from your
storage of extremely hazardous substances. How-
ever, the value of the program justifies this endeavor.
You and your community will benefit from enhanced
safety. The emergency response plans developed
from community right-to-know data will serve small
businesses well. Now, in the event of an accident at
your facility, fire fighters can protect you better;
medical personnel can treat unusual chemical symp-
toms faster; property and lives may be saved. Also,
the communication channels between chemical users
and the public will be more effective. Finally, Title III
may teach you valuable lessons about the hazardous
chemicals used at your business. In fact, you may
decide to substitute certain less hazardous sub-
stances for those you currently store, or you may
simply improve your handling practices. And you can
also avoid the costly fines threatened under Title III.
Community right-to-know was designed to fill a void of
knowledge concerning chemical usage in our neigh-
borhoods. Many hazardous chemicals play indispen-
sible roles in our society. We cannot completely
eliminate the risks, but we can prepare adequately for
accidents to minimize their danger. We must all work
together through effective preparation to prevent or
minimize the devastation of a severe chemical
accident. In this challenge, small businesses, along
with all the other participants in Title III, will play a
part. The combined effort can enhance all of our
lives.
Saturday
Remember
Non-manufacturing facilities
must report Section 311 data to
the State Emergency Response
Commission, Local Emergency
Planning Committee and fire
department by September 24,
1988. Section 312 reports will
be due later.
11
-------
APPENDIX
Questions & Answers
Questions & Answers
For Sections 311 and 312 Reporting
1. Do I have to submit both Tier I and Tier II
forms?
No. Title III requires facilities with reportable
chemicals* to submit only the Tier I form to the State
Emergency Response Commission, Local Emergency
Planning Committee, and the local fire department.
The Tier II form must be submitted only when these
groups or the public request additional information.
However, the Tier II form is actually a first step to
the Tier I and serves as a useful worksheet for
Tier I. Since Title III allows submission of the Tier
II In place of the required Tier I, EPA recommends
that facilities use the Tier II. This approach should
ease your reporting effort.
2. How do I determine the "maximum amount"?
You should start with the Tier II form. On the Tier
II form, you must consider the daily (weekly, monthly)
amounts (in pounds) of each reportable chemical at
your facility. The amounts should vary as shipments
increase your inventory and regular use depletes it.
The "maximum amount" occurs for each chemical
when its storage level reaches its highest point for
that year. Enter the appropriate two-digit code on the
front of the form. The two-digit codes provide broad
ranges (factors of ten) for indicating your storage
levels. You need be no more exact than these
ranges. Please note, reporting thresholds depend on
the "maximum amount" (see page 6).
If you do submit the Tier I, use the same procedure
outlined above. Then for every reportable chemical,
separate them into the five hazard categories (see
page 14). Add up all of the "maximum amounts" for
the chemicals in each hazard category. Chemicals
that overlap several categories will be counted more
than once. Using this total, enter the appropriate two-
digit code on the form for each of the five categories.
Additional instructions are attached to both forms.
3. How do I calculate the "average daily amount"?
Again, the Tier II form should be completed first.
Weights of reportable chemicals may be measured
daily, weekly or monthly as appropriate to your type of
operation. On the Tier II form, for every reportable
chemical, consider the number of days (weeks,
months) that chemical is at your facility and compute
its daily (weekly, monthly) storage weight. Then, total
these numbers and divide by the number of days
(weeks, months) the chemical is on-site. Enter the
appropriate two-digit code for the "average daily
amount." These codes offer broad ranges, and you
need to calculate your "average daily amount" only to
an exactness within these ranges.
On the Tier I form, use the same procedure.
Separate all of the reportable chemicals into their
hazard categories. Then, total the "average daily
amounts" of the chemicals in each category and enter
the appropriate two-digit code on the form. Chemicals
overlapping several categories will be counted more
than once.
4. What Is the Chemical Abstrract Service (CAS)
number and where can I find it?
The Chemical Abstract Service (CAS) number is
requested on the Tier II form as an informational aid
for the Local Emergency Planning Committees and
State Emergency Response Commissions. Though
many chemical labels do not display the CAS number,
Material Safety Data Sheets should. Also, the List of
Extremely Hazardous Substances and the List of
Toxic Chemicals (Section 313) cite the CAS numbers
of their chemicals.
* "reportable chemical" refers to hazardous chemicals
and extremely hazardous substances present at your
facility in excess of the relevant reporting threshold
and not exempt under the five exemptions of Title III.
12
-------
APPENDIX
Questions & Answers
For mixtures (which frequently do not have a spe-
cific CAS number), note the CAS numbers of as many
of the components in the mixture as possible. If you
are unable to locate the CAS number for a chemical,
then submit the form without it. This requirement
should not stop you from reporting accurately.
5. How specific must I be in reporting "general
location"? Is a site plan necessary?
For both the Tier I and Tier II forms, you must
indicate at least the building, lot, warehouse, shed,
tank, field, etc. where the chemical is stored. On the
Tier II form, where practical, the specific room in a
building or quadrant of a field should also be noted.
On the Tier I form, all the locations of each chemical
contained in the hazard category must be reported.
For example, if you store flammables in both ware-
house A and lot C, cite both locations.
The Environmental Protection Agency recom-
mends that you use a site-plan to indicate where
chemicals are stored at your facility. Simply copy the
facility plans and mark all appropriate storage areas
for your reportable chemicals. Show all symbols and
abbreviations in a complete, clear notation key.
If you submit Tier II information, you may request
the LEPC, SERC and fire department to withhold
location information from the public by using the
"Confidential Location Information Sheet."
6. How do I convert
volumes of liquids and
gases Into weight
(pounds)?
Density of Water
8.3 pounds per gallon
2.2 pounds per liter
Only the weight of the substance needs to be
reported and not the weight of the container.
Most gases and liquids are
sold by the pound, and these
weights should be noted on the
label. If so, then the weight of
liquids can easily be estimated
by multiplying the weight of the
liquid in a full container by the
fraction of the volume remain-
ing. If the liquid is not labeled
The average weight in pounds, then you can
of a full 55-gallon calculate its weight by multiply-
drum of chemicals ing the volume of the liquid by
Is approximately
500 pounds
its density. The density (mass per unit volume)
should be noted on the Material Safety Data Sheet. If
not, then simply estimate the weight by the density of
water. Be careful with your units of measure (gallons,
liters, pounds, kilograms).
If the weight of the gas is listed on the cylinder's
label, base your calculation on this measure. You can
obtain the "tare weight" (the weight of the cylinder
without the gas) either from the label or by subtracting
the listed weight of the gas from the total weight of the
full cylinder. Knowing the tare weight, you can chart
the weight of the gas remaining in the cylinder by sub-
tracting the cylinder's tare weight from its total weight
at that time. This procedure can be used for both
liquified and fixed gases.
If these methods fail, contact your supplier for
assistance.
7. How can I locate my Standard Industrial Classi-
fication code? My Dun & Bradstreet number?
Every type of business can be categorized by a
Standard Industrial Classification (SIC) code. These
codes range in specificity from two digits to seven.
Title III requires the four-digit number. If you are not
familiar with your facility's code, then check the front
of most Dun & Bradstreet publications, such as the
Million Dollar Directory, which should be located in
your public library.
Every individual facility can be assigned a Dun &
Bradstreet (D & B) number. These numbers code the
facility for financial purposes. If you have a D & B
number but have forgotten it, you can retrieve it from
your local Dun & Bradstreet office (check the White
Pages). If your facility does not subscribe to the D&
B service, then you can obtain a "support number"
from the Dun & Bradstreet center located in Allen-
town, Pennsylvania (telephone: (215) 391-1886).
8. What if I fail to report under these require-
ments?
In addition to losing the benefits Title III offers your
facility—emergency response plans, improved public
relations and potentially better management and
chemical handling practices—failure to report can
trigger costly fines. Under Title III, failure to submit
the list of reportable chemicals or the appropriate
13
-------
APPENDIX
Questions & Answers
Material Safety Data Sheet (Section 311) results in
penalties up to $10,000. Penalties associated with
Tier I and Tier II information (Section 312) range as
high as $25,000 per violation. All fines can be as-
sessed on a daily basis.
9. What is a hazard category? How can I deter-
mine the appropriate hazard category?
Under Title III, there are five such physical (3) and
health (2) categories—Fire Hazard, Sudden Release
of Pressure, Reactivity, Immediate (acute) and
Delayed (chronic). Hazard categories allow emer-
gency responders to classify broadly the reportable
chemicals present at your facility.
Many employers are already familiar with the
physical and health categories designated under the
Occupational Safety and Health Administration's
(OSHA) Hazard Communication Standard (HCS). In
addition, many Material Safety Data Sheets note a
hazardous chemical's appropriate OSHA hazard
category. For these reasons, the chart on this page,
comparing the Title III categories with the HCS
categories should be useful. The link between Title
Ill's five categories and the twenty-three of OSHA is
not exact, so use caution as you report. Contact your
supplier for any additional assistance.
Hazard Category Comparison
For Reporting Under Sections 311 and 312
Environmental Protection Agency's
Hazard Categories
Fire Hazard
Sudden Release of Pressure
Reactive
Immediate (Acute) Health Hazard
Delayed (Chronic) Health Hazard
Occupational Safety and Health Administration's
Hazard Categories
Flammable
Combustible Liquid
Pyrophoric
Oxidizer
Explosive
Compressed Gas
Unstable Reactive
Organic Peroxide
Water Reactive
Highly Toxic
Toxic
Irritant
Sensitizer
Corrosive
Other hazardous chemicals with an adverse
effect on a target organ that generally occurs
rapidly as a result of short term exposure and
with a short duration
Carcinogens
Other hazardous chemicals with an adverse
effect on a target organ that generally occurs as
a result of long term exposure and with a long
duration
14
-------
APPENDIX
Questions & Answers
As noted in the text, Section 311 lists and
Section 312 Tier I forms require you to compile
information by category.
10. How do I respond to requests for Information
from the public?
If a request for information from the public comes
directly to you, you can supply the information if you
wish, Qi you can refer the person to the LEPC. Under
Title III, the Local Emergency Planning Committee
(LEPC) serves as the channel for public access.
Citizens can request both the Material Safety Data
Sheets and the Tier II information on your hazardous
chemicals. If a citizen requests information on a
chemical already reported to the LEPC, then they can
address the concern immediately. Otherwise, the
LEPC will request the information from you. You will
have 30 days to respond.
Even information on those hazardous chemicals
present below the reporting thresholds can be ob-
tained by the public. Again, you have 30 days
beginning with the date on which you receive any
such request to respond.
11. Who can serve as an emergency contact?
Anyone who can be reached at all times to aid re-
sponders in the event of an emergency can serve as
the emergency contact. Many small firms already
post an emergency or "after hours" telephone number.
That would be appropriate here. The emergency
contact does not need to be an expert on chemical
hazards, but must be able to act as a referral for
responders. In case one emergency contact is not
sufficient for 24-hour coverage, both the Tier I and
Tier II forms have spaces for two emergency contacts.
12. Must I report a hazardous chemical that Is on-
slte for less than 24 hours?
Yes. Under community right-to-know reporting,
any hazardous chemical on site for any length of time
in excess of the established reporting threshold (and
not exempt under Title III) must be reported.
13. What Is the List of Extremely Hazardous Sub-
stances? How can I obtain a copy?
The List of Extremely Hazardous Substances
(EHS) currently contains 366 chemicals which present
known acute health hazards. All of the chemicals are
included under the Occupational Safety and Health
Administration's definition of hazardous chemical—
they are a subset. These chemicals were selected,
as stipulated under Section 302 of Title III, as the
priority chemicals of the emergency planning process.
Due to this higher priority, these substances have a
lower reporting threshold than other hazardous
chemicals and also have chemical-specific threshold
planning quantities, indicative of health concerns (see
the text page 6).
Facilities where extremely hazardous substances
are present incur another responsibility, namely par-
ticipating in the emergency planning process. Under
Section 302, these facilities had to notify the State
Emergency Response Commission (SERC). They
were required to designate a facility contact and
provide the name to the Local Emergency Planning
Committee (LEPC).
The initial List of Extremely Hazardous Sub-
stances, published as a final rule in the Federal
Register on April 22,1987, contained 406 chemicals.
Since that time 40 chemicals have been delisted, 4 of
which were noted in the Federal Register on Decem-
ber 17,1987, and the other 36 in the Federal Register
on February 25,1988. Updated lists can be compiled
from these sources, or you can request them by
writing your SERC, LEPC or from the Emergency
Planning and Community Right-to-Know Information
Hotline. These addresses are noted in the Appendix.
14. What do the storage codes "ambient" pres-
sure and temperature, and "cryogenic conditions"
mean?
"Ambient pressure" means the pressure of the sur-
rounding area. So, materials stored at ambient
pressure are stored at the same pressure as that of
the surrounding area. Most drums, bags, boxes,
cans, etc. fit this category. Any gases stored in high-
pressure containers should be reported as greater
than ambient pressure.
Similarly, ambient temperature means that the
material is stored in the same temperature range as
that of the surrounding area. Outdoor storage tanks
that are heated or cooled to counter the variation in
15
-------
APPENDIX
Questions & Answers
temperature should also be classified as ambient.
However, a tank maintained at a high (or low) tem-
perature not close to the normal range of tempera-
tures of the region should be noted as greater (or
less) than ambient temperature.
Some gases are stored under "cryogenic condi-
tions," that is, they are stored at very low tempera-
tures (-130 degrees Fahrenheit or less). Examples of
gases that may be stored this way include air,
argon, carbon monoxide, ethylene, fluorine, helium,
hydrogen, methane, nitrogen and oxygen.
For assistance in determining a chemical's storage
conditions, contact your supplier or your local trade
association. The Material Safety Data Sheet should
also have some helpful data.
15. Do I have to report the hazardous compo-
nents of a mixture?
Under Title III, the owner of a facility can choose to
report all the components of a mixture separately or
the mixture as a whole. The decision is yours and
should be made on the basis of the substances at
your facility.
For example, you can report the entire quantity of
a particular paint stored at your facility as a bulk
weight, noting the paint by its trade name in both the
Section 311 and 312 reports. Alternatively, you could
break down the various hazardous chemicals con-
tained in the paint and calculate their respective
weights. To do so, simply multiply the total weight of
the mixture by the percentage composition of each
hazardous chemical in the mixture. So, if compound
A comprised 5% of the paint by weight, and the
quantity of the paint at your facility was 10,000
pounds, then the amount of compound A would be
0.05 x 10,000 pounds, or 500 pounds. Again, the
choice is yours.
16
-------
APPENDIX
Addresses & Numbers
STATE EMERGENCY RESPONSE COMMISSIONS
Alabama
Alabama Emergency Response
Commission
Department of Environmental
Management
1751 Federal Drive
Montgomery, Alabama 36109
(205) 271-7700
Alaska
Alaska Emergency Response
Commission
P.O. Box 0
Juneau, Alaska 99811
(907) 465-2600
American Samoa
Territorial Emergency Manage-
ment Coordination Office
American Samoan Government
Pago Pago, American Samoa
96799
International # (684) 633-2331
Arizona
Arizona Emergency Response
Commission
Division of Emergency Services
5636 East McDowell Road
Phoenix, Arizona 85008
(602) 244-0504
Arkansas
Arkansas Hazardous Materials
Emergency Response
Commission
P.O. Box 9583
8001 National Drive
Little Rock, Arkansas 72219
(501)562-7444
California
California Emergency
Response Commission
Office of Emergency Services
2800 Meadowview Road
Sacramento, California 95832
(916) 427-4201
Colorado
Colorado Emergency Planning
and Community Right-to-
Know Commission
Division of Disaster Emer-
gency Services
Camp George West
Golden, Colorado 80401
(303) 273-1624
Commonwealth of Northern
Mariana Islands
Office of the Governor CNMI
Saipan, CNMI 96950
International # (670) 322-9529
Connecticut
Connecticut Emergency
Response Commission
Department of Environment
Protection
State Capitol Building
Room 161
165 Capitol Avenue
Hartford, Connecticut 06106
(203)566-4017
Delaware
Delaware Commission on
Hazardous Materials
Department of Public Safety
Administration Center
Dover, Delaware 19901
(302) 834-4531 or 736-4321
District of Columbia
Office of Emergency
Preparedness
2000 14th Street, NW.Sth Floor
Washington, D.C. 20009
(202) 727-6161
Florida
Florida Emergency Response
Commission
Florida Department of
Community Affairs
2740 Centerview Drive
Tallahassee, Florida 32399
(904)487-4915
Georgia
Georgia Emergency Response
Commission
Georgia Department of Natural
Resources
205 Butler Street, SE
Floyd Towers East
Atlanta, Georgia 30334
(404)656-4713
Guam
Civil Defense
Emergency Services Office
Government of Guam
P.O. Box 2877
Aguana, Guam 96910
FTS 550-7230
Hawaii
Hawaii Emergency Response
Commission
Hawaii Department of Health
Environmental Epidemiology
Program
P.O. Box 3378
Honolulu, Hawaii 96801
(808) 548-2076 or 548-5832
Idaho
Idaho Emergency Response
Commission
Department of Health &
Welfare
State House
Boise, Idaho 83720
(208) 334-5898
Illinois
Illinois Emergency Response
Commission
Illinois Emergency Services &
Disaster Agency
Attn: Hazmat Section
110 E. Adams Street
Springfield, Illinois 62706
(217) 782-4694
Indiana
Indiana Department of
Environmental Management
Emergency Response Branch
5500 West Bradbury Street
Indianapolis, Indiana 46241
(317) 243-5176
Iowa
Iowa Emergency Response
Commission
301 East 7th Street
Des Moines, Iowa 50319
(515) 281-6175
Kansas
State Emergency Response
Commission
Kansas Department of Health
and Environment
Forbes Field, Building 728
Topeka, Kansas 66620
(913) 296-1690
Kentucky
Kentucky Emergency
Response Commission
Kentucky Disaster and
Emergency Services
Boone National Guard Center
Frankfort, Kentucky 40601
(502) 564-8682
Louisiana
Louisiana Emergency
Response Commission
Department of Public Safety &
Correction
Office of Public Safety
P.O. Box 66614
Baton Rouge, Louisiana
70896
(504) 925-6117
Maine
Bureau of Labor Standards
Attn: SARA
State Office Building
Station 82
Augusta, Maine 04333
(207) 289-4291
Maryland
Governor's Management
Advisory Council
Maryland Emergency
Management & Civil Defense
2 Sudbrook Lane East
East Pikesville, Maryland
21208
(301)486-4422
Massachusetts
Title Three Emergency
Response Commission
Department of Environmental
Quality Engineering
One Winter Street
Boston, Massachusetts 02108
SERC (617) 292-5851
LEPCInfo (617)875-1381
Michigan
Michigan Department of
Natural Resources
Environmental Response
Division
Title III Notification
P.O. Box 30028
Lansing, Michigan 48909
(517)373-9893
17
-------
APPENDIX
Addresses & Numbers
innesota
Minnesota Emergency
Response Commission
Division of Emergency
Services
State Capitol Room B-5
St. Paul, Minnesota 55155
(612) 296-2233
Mississippi
Mississippi Emergency
Response Commission
Mississippi Emergency
Management Agency
P.O. Box 4501
Fondren Station
Jackson, Mississippi
39216-0501
(601)352-9100
Missouri
Missouri Emergency Response
Commission
Missouri Department of Natural
Resources
P.O. Box 3133
Jefferson City, Missouri 65102
(314) 751-7929
lontana
Montana Emergency
Response Commission
Environmental Sciences
Division
Department of Health &
Environmental Sciences
Cogswell Building A-107
Helena, Montana 59620
(406) 444-3948
Nebraska
Nebraska Emergency
Response Commission
Nebraska Department of
Environmental Control
Technical Services Section
P.O. Box 94877
State House Station
Lincoln, Nebraska 68509
(402) 471-4230
Nevada
Nevada Division of Emergency
Management
2525 South Carson Street
Carson City, Nevada 89710
(702) 885-4240 or 885-5300
New Hampshire
State Emergency Management
Agency
State Office Park South
107 Pleasant Street
Concord, New Hampshire
03301
(603) 271-2231
New Jersey
New Jersey Emergency
Response Commission
SARA Title III Project
Department of Environmental
Quality
CN-402
Trenton, New Jersey 08625
(609) 292-6714
New Mexico
New Mexico Emergency
Response Commission
New Mexico Department of
Public Safety
P.O. Box 1628
Santa Fe, New Mexico
87504-1628
(505) 827-9226
New York
New York Emergency
Response Commission
New York State Department of
Environmental Conservation
Bureau of Spill Prevention &
Response
50 Wolf Road, Room 326
Albany, New York 12233-3510
(518) 457-4107
North Carolina
North Carolina Emergency
Response Commission
Division of Emergency
Management
North Carolina Department of
Crime Control and Public
Safety
116 West Jones Street
Raleigh, North Carolina 27611
(919) 733-2126
North Dakota
North Dakota State
Department of Health
1200 Missouri Avenue
P.O. Box 5520
Bismarck, North Dakota
58502-5520
(701)224-2370
Ohio
Ohio Emergency Response
Commission
Ohio Environmental Protection
Agency
Office of Emergency Response
P.O. Box 1049
Columbus, Ohio 43266-0149
(614)481-4300
Oklahoma
Oklahoma Emergency
Response Commission
Office of Civil Defense
P.O. Box 53365
Oklahoma City, Oklahoma
73152
(405)521-2481
Oregon
Oregon Emergency Response
Commission
c/o State Fire Marshall
3000 Market Street Plaza
Suite 534
Salem, Oregon 97310
(503) 378-2885
Pennsylvania
Pennsylvania Emergency
Response Commission
SARA Title III Officer
PEMA Response & Recovery
P.O. Box 3321
Harrisburg, Pennsylvania
17105
(717) 783-8150
Puerto Rico
Puerto Rico Emergency
Response Commission
Environmental Quality Board
P.O. Box 11488
Santurce, Puerto Rico
(809) 722-1175 or 722-2173
Rhode Island
Rhode Island Emergency
Response Commission
Rhode Island Emergency
Management Agency
State House M. 27
Providence, Rhode Island
02903
(401)421-7333
South Carolina
South Carolina Emergency
Response Commission
Division of Public Safety
Programs
Office of the Governor
1205 Pendleton Street
Columbia, South Carolina
29201
(803) 734-0425
South Dakota
South Dakota Emergency
Response Commission
Department of Water & Natural
Resources
Joe Foss Building
523 East Capitol
Pierre, South Dakota
57501-3181
(605) 773-3151
Tennessee
Tennessee Emergency
Response Commission
Tennessee Emergency
Management Agency
3041 Sidco Drive
Nashville, Tennessee 37204
(615) 252-3300
(800) 258-3300
Texas
Texas Emergency Response
Commission
Division of Emergency
Management
5805 Lamar
Austin, Texas 76752
(512)465-2138
Utah
Utah Hazardous Chemical
Emergency Response
Commission
Department of Health
288 North 1460 West
P.O. Box 16690
Salt Lake City, Utah
84116-0690
(801)538-6101
Vermont
Department of Labor and
Industry
120 State Street
Montpelier, Vermont 05002
(802) 828-2286
18
-------
APPENDIX
Addresses & Numbers
Virgin Islands
U.S. Virgin Islands Emergency
Response Commission
Tide III
179Altona
St. Thomas, VI 00802
(809) 774-3320 Ext. 169 or 170
Virginia'
Virginia Emergency Response
Council
Department of Waste
Management
James Monroe Building
11th Floor
101 North 14th Street
Richmond, Virginia 23219
(804) 225-2999
Washington
Washington Emergency
Response Commission
Division of Emergency
Management
4220 East Martin Way,
Mailstop PT-11
Olympia, Washington 98504
(206) 753-5255
West Virginia
West Virginia Emergency
Response Commission
Department of Natural
Resources
Capitol Building, Room 669
1800 Washington Street, East
Charleston, West Virginia
25305
(304) 348-2754
Wisconsin
Division of Emergency
Governor
4802 Sheboygan Avenue
Room 99A
P.O. Box 7865
Madison, Wisconsin 53707
(608) 266-3232
Wyoming
Wyoming Emergency
Management Agency
Comprehensive Emergency
Management
5500 Bishop Boulevard
P.O. Box 1709
Cheyenne, Wyoming 82003
(307) 777-7566
EPA REGIONAL OFFICES
4 - Alabama
10 -Alaska
9 - American Somoa
9 - Arizona
6 - Arkansas
9 - California
8 - Colorado
9 - Commonwealth of
Northern Mariana
Islands
1 - Connecticut
3 - Delaware
3 - District of
Columbia
4 - Florida
4 - Georgia
9 - Guam
9 - Hawaii
10 -Idaho
5 - Illinois
Region -• State
5 - Indiana
7 - Iowa
7 - Kansas
4 - Kentucky
6 - Loulsana
1 - Maine
3 - Maryland
1 -- Massachusetts
5 - Michigan
5 - Minnesota
4 - Mississippi
7 - Missouri
8 - Montana
7 - Nebraska
9 - Nevada
1 - New Hampshire
2 - New Jersey ' '
6 - New Mexico
2 - New York
4 - North Carolina
8 - North Dakota
5 - Ohio
6 - Oklahoma
10- Oregon
3 •- Pennsylvania
2 - Puerto Rico
1 - Rhode Island
4 - South Carolina
8 - South Dakota
4 - Tennessee
6 - Texas
8 - Utah
1 - Vermont
2 - Virgin Islands
3 - Virginia
10 -Washington
3 - West Virginia
5 - Wisconsin
Contact the Preparedness Coordinator at the Regional Office
Region 1
EPA - Region 1
New England Regional
Laboratory
60 Westview Street
Lexington, MA 02173
(617) 860-4300 Ext. 221
Region 2
EPA - Region 2
Woodbridge Avenue
Edison, NJ 08837
(201)321-6656
Region 3
EPA - Region 3
841 Chestnut Street
Philadelphia, PA 19107
(215) 597-0807
Region 4
EPA - Region 4
345 Courtland Street, NE
Atlanta, GA 30365
(404) 257-3931
Region 5
EPA - Region 5
230 South Dearborn Street
Chicago, IL 60604
(312) 886-1964
Region 6
EPA - Region 6
Allied Bank Tower
1445 Ross Avenue
Dallas, TX 75202-2733
(214) 655-2270
Region 7
EPA - Region 7
726 Minnesota Avenue '
Kansas City, Kansas 66101
(913) 236-2806
Region 8
EPA - Region 8
One Denver Place
999 18th Street
Suite 1300
Denver, CO 80202-2413
(303) 293-1723
Region 9
EPA - Region 9
215 Fremont Street
San Francisco, CA 94105
(415) 974-7460
Region 10
EPA - Region 10
1200 6th Avenue
Seattle, WA 98101
(206)442-1263
19
-------
APPENDIX
Acronyms & Terms
Acronyms
with page number where the acronym first appears
CFR -- Code of Federal Regulations p. 21
D & B -- Dun & Bradstreet p. 13
EHS -- Extremely Hazardous Substances p. 6
EPA -- Environmental Protection Agency p. 5
FDA -- Food and Drug Administration p. 5
HCS -- Hazard Communication Standard p. 3
LEPC -- Local Emergency Planning Committee p. 6
MSDS -- Material Safety Data Sheet p. 3
OSHA - Occupational Safety and Health
Administration p. 3
Q & A -- Questions & Answers p. 6
SARA -- Superfund Amendments and
Reauthorization Act of 1986 p. 1
SERC -- State Emergency Response Commission
p. 6
SIC - Standard Industrial Classification code p. 3
Title III -- Title III of the Superfund Amendments and
Reauthorization Act of 1986 p. 1
TPQ -- Threshold Planning Quantity p. 6
Terms
with introductory page and/or key pages of discussion
ambient pp. 15,16
Average Daily Amount p. 12
Chemical Abstract Service Number pp. 12,13
Community Right-to-Know pp. 2, 3,10
cryogenic p. 16
Dun & Bradstreet Number p. 13
emergency contact p. 15
emergency response plan pp. 1, 2,10
extremely hazardous substance pp. 5, 6,15
hazard category pp. 8,9,14
hazardous chemical pp. 3,5
List of Extremely Hazardous Substances pp. 6,15
Local Emergency Planning Committee p. 7
manufacturer pp. 3, 4, 7
Material Safety Data Sheet pp. 3,5, 7-9
Maximum Amount pp. 6,12
mixture pp. 13,16
non-manufacturer pp. 3,4,7
reportable chemical p. 12
Sections 311 and 312 pp. 1,2, 7-9
Standard Industrial Classification code pp. 3,4,13
State Emergency Response Commission p. 7
threshold pp. 5, 6
Tier I and Tier II forms pp. 7-9,12
Title III p. 1
trade secret pp. 10,11
Worker Right-to-Know p. 3
20
-------
APPENDIX
Further Information
For Further Information
Emergency Planning & Community
Right-to-Know Information Hotline
Emergency Planning & Community Right-to-Know
U. S. Environmental Protection Agency OS-120
401 M Street, S.W.
Washington, D.C. 20460
For all document requests, please write the Hot-
line at the above address.
(800) 535-0202
(202) 479-2449 in Washington, D.C.
Other questions and inquiries can be addressed
by phone.
The final rule for Sections 311 and 312 of the Emer-
gency Planning and Community Right-to-Know Act of
1986 was published in the Federal Register on Octo-
ber 15,1987. It contains a detailed discussion of the
reporting requirements of Sections 311 and 312, the
Tier I and Tier II report forms, and instructions for
these forms.
"Emergency and Hazardous Chemical Inventory
Forms and Community Right-to-Know Reporting
Requirements; Final Rule" Federal Register
October 15,1987; 40 CFR Part 370. Environ-
mental Protection Agency.
The final rule on Trade Secrets was published in
the Federal Register on July 29,1988; 40 CFR
Part 350: "Trade Secrecy Claims for Emergency
Planning and Community Right-to-Know Informa-
tion."
For additional information on the OSHA Hazard
Communication Standard, contact your local
OSHA Area Office. If you do not know the Area
Office location or telephone number, contact the
OSHA Office of Information Consumer Affairs at
(202)523-8151.
21
-------
APPENDIX
Example & Samples
Example of a Hypothetical Facility
The owner of a hypothetical facility has five substances for which he maintains Material Safety Data Sheets. None of these substances are
exempt under the five Title III exemptions. As a result, he must calculate their maximum amounts to determine if the substances trigger the
reporting thresholds. The owner considers whether each substance is an extremely hazardous substance or simply a hazardous chemical,
and whether it is a mixture. Then, the substance's largest storage level at the facility (maximum daily amount) must be determined. This
process must be performed once (with any necessary updates) for Section 311 and annually for Section 312 (sample on page 22).
chemical) by weight. The owner always keeps twenty-fiwe 55-
gallon drums of "Stick-E", and no more, on-site. Instead of calcu-
lating the components of the mixture individually, the owner
chooses to report this industrial glue as a product. Its maximum
amount of 12,500 pounds exceeds the threshold for hazardous
chemicals (10,000 pounds). The owner must report "Stick-E".
MDA = 25 drums X 500 Ibs = 12,500 Ibs
ADA = 25 drums X 500 Ibs = 12,500 Ibs
Hazards: fire, immediate, and delayed
Calculations
I. Chloroform is an extremely hazardous substance (EHS) stored
at the facility in two 55-gallon drums.* With two drums (1,000
pounds), the facility exceeds the threshold for EHS (500 pounds or
the threshold planning quantity (TPQ), whichever is lower), even
though the TPQ for chloroform is 10,000 pounds. One drum is
used at the main plant, and a back-up is kept at the warehouse.
Maximum Daily Amount (MDA) = 2 drums X 500 Ibs = 1,000 Ibs
Average Daily Amount (ADA) =
(1 full drum + 1 half-filled drum) X 500 Ibs = 750 Ibs
Hazards: immediate, delayed, and sudden release of pressure
II. Chlorine is an EHS stored at the facility in as many as eight 50-
pound cylinders. The maximum amount is 400 pounds. Although
present in a quantity less than 500 pounds, the chlorine must be
reported because that TPQ is just 100 pounds. The owner has
chlorine on-site only six months of the year and on average has
only five cylinders.
MDA = 8 cylinders X 50 Ibs = 400 Ibs
ADA = 5 cylinders X 50 Ibs = 250 Ibs
Hazards: immediate, reactivity, and sudden release of pressure
III. "Stick-E" is a mixture containing 2% toluene (a hazardous
IV. "Solvenl-C" is a mixture with 0.5% tabun (an EHS) by weight.
It is stored at the facility in two 55-gallon drums. Though tabun's
TPQ is a mere 10 pounds, when it is calculated as a component of
the mixture, the maximum amount is only 5 pounds-less than 500
pounds and the TPQ. The owner does not report "Solvent-C".
MDA = 0.005 X 2 drums X 500 Ibs = 5 Ibs
V. Turpentine is a hazardous chemical stored at the facJity in a
1,000-gallon tank. The density of turpentine is less than water's
density (0.87 g/cc versus 1.00 g/cc), so the owner can use the
density of water (8.3 Ibs/gallon) to estimate the weight of the tur-
pentine in the tank. Since the tank is 1,000 gallons, the maximum
amount is less than 8,300 pounds. The owner does not report.
MDA = 8.3 Ibs/gallon X 1,000 gallons = 8,300 Ibs
NOTE: This example is not intended to replicate any specific facility nor any standard handling practices for the substances cited Also,
"Stick-E" and "Solvent-C" are both fictitious trade names.
* An average 55-gallon drum of chemicals weighs approximately 500 pounds
Section 311 List
Fire
Sudden Release
of Pressure
Hazardous Chemical
Reactivity Immediate Delayed
Health Hazard Heallth Hazard
chloroform
chlorine
"Stick-E"
X
Note: Neither the amount of the substance nor its location at the facility is noted on the Section 311 submission.
The list (or the Material Safety Data Sheets) of the reportable substances at a facility must be submitted to
the State Emergency Response Commission, Local Emergency Planning Committee and local fire depart-
ment once, with any necessary updates, (see pages 7-9)
22
-•US GOVERNMENT PRINTING OFFICE: 1988 - 516-002 - 1302/80225
-------
Tier Two
EMERGENCY
AND
HAZARDOUS
CHEMICAL
INVENTORY
Specific
Information
by Chemical
Facility Identification
Street Address /-£-£ ' M O^\ Z
Page
Form Appr
I Owner/Operator Name
Name
pages
i. 2050-O072
TOU/7\
State .
SIC Code | )
Dun & Brad
Number
FOR I ID #
OFFICIAL LE1.
USE I
ONLY I Dale Received
Name N~' ^r«^/ * -i—'wi^.
Mail Address / 1 -B M(Lir\ SI rCC-h / S^Tlfl
0
Emergency Contact
Mama CT/' 771
Phone
Title
Officer
24 Hr. Phone ' &(» '
Title
24 Hr. Phone '
Important: Read a// instructions before completin
Chemical Description
CAslkl-71 1 1 1 II 1 II 1 £•*?! 1
Chem. Name ^'~yi T^
Check all \ vl | | | | 1 | 1 ^\
that apply: L-flJ 1 1 1 1 1 1 L-2J
rr ' Pure Mix Solid Liquid Gas
CAS| III/ 101*1 13 I ^1 |3| shrill 1
Chem Name -S-/"'«^ ~&
Check all 1 1 R71 1 1 H31 1 1
that apply: < ' LAJ 1 ' <-^ ' '
rr J Pure Mix Solid Liquid Gas
g form Reporting Period From January 1 to December 31, 1 9
Physical
and Health
Hazards
(check alt that apply)
V
L*J
y
^
X
X
X
Fire
Sudden Release
of Pressure
Reactivity
Immediate (acute
Delayed (chronic)
Fire
Sudden Release
of Pressure
Reactivity
Immediate (acute)
Delayed (chronic)
Fire
Sudden Release
of Pressure
Reactivity
Immediate (acute)
Delayed (chronic)
Inventory
Max. Avg. No. of
Dally Dally Days
Amount Amount On-slte
(code) (code) (days)
I o| 2.\ | o\ i \ |^| (f, \ *r\
\ 0 \ / | \0 \ j | I / I #1 4.1
1 0k 1 \O \3 I I 3l (e\ ^r
Storage Codes and Locations
(Non-Confidential)
Storage Code Storage Locations
p>
p
i
i
1
T>i i? 7-1
/ JL&/vJL- r\f if/fa (_J
W/i ^^/nrus -e. -£.
L.
A
a
^uii^m-.M 'Pool S-k>v<,e tyr*ie
j ^
-------
The Revolution Ahead:
Public Information on Toxic Emissions -
CSMA Talks with EPA's Charles Elkins
Government and private industry are faced with the enormous task of meeting the requirements of Toxic
Chemical Release Reporting Rules—Section 313 of Title III of the Superfund Amendments and Reauthorization
Act. Sec. 313 requires companies to report annual releases of toxic substances into air, water, or land to the
U.S. Environmental Protection Agency (EPA). The EPA then must use those data to establish a national
inventory of toxic chemical emissions.
CSMA's Vice President Stephen S. Kellner and Legal Counsel George G. Misko recently talked with the man
responsible for orchestrating EPA's collection of these data, Charles Elkins, director of the Office of Toxic
Substances. With final regulations issued Dec. 31, 1987, Elkins updated CSMA on the agency's requirements
and gave his outlook on the consequences for our industry.
On Congress...
CSMA: Oo you believe that the Sec. 313 reporting
requirements will fulfill congressional intent?
ELKINS: The congressional intent is not as clear
as one might want because there wasn't much de-
bate on this section of the law. It's clear that Con-
gress thinks individual citizens have a right to know
what chemicals are discharged in their community,
particularly as they affect their health.
The program is quite revolutionary when you
think about it. We have never had that kind of
information, even here at EPA. As it is said, "infor-
mation is power," and these data will give citizens
more power over toxics in their environment.
The Administration did not ask Congress for this
right-to-know legislation. But now that it's the law
of the land, we will implement it the best that we
can.
CSMA: If the Bhopal accident had not happened,
do you think we would have the statute?
ELKINS: It might have been longer in coming.
People began to realize that the environment is
dangerous. I'm not sure the situation changed since
the release in Bhopal, but people began to realize
that they need to know more about it.
CSMA: Oo you think the deadlines that Congress
set are reasonable?
Elkins: The deadlines are very tight. But by di-
verting resources from other activities, we'll make
them. The deadlines are certainly tight for industry
as well.
CSMA: Is Community Right-to-Know one of the
larger projects that the Office of Toxic Substances
has taken on in the last few years?
ELKINS: Yes, particularly as measured by its po-
tential impact on the air, water, and Resource Con-
servation and Recovery Act programs in the future.
When these programs look back—say two or three
years from now—and say, "Look what the Office of
Toxic Substances did to us!" I would like them at
least to have to admit. "Well, it is a quality product."
"When these programs look back—
say two or three years from now—
and say, 'Look what the Office of
Toxic Substances did to us!' I
would like them at least to have to
admit, 'Well, it is a quality
product.'"
CSMA: Do you think Congress will be revisiting
Sec. 313 reporting requirements within the next
few years?
ELKINS: It may. There is an interest there, fust
now, in the appropriations process, the committees
have put $10 million in as grants to states to help
them work on community right-to-know—not just
Sec. 313, but all of Title III. This shows that Congress
is watching this program and [isj willing to put some
money behind it.
-------
"Sec. 313 is not simply the creation
of the world's largest data base.
Citizens and public interest groups
will use this information to work
for change."
There ace certainly some people who will lobby
for a regulatory program which controls each of the
identified emissions. Sec. 313 is not simply the cre-
ation of the world's largest data base. Citizens and
public interest groups will use this information to
work for change. Your member companies should
be prepared to make the changes where they are
called for. Of course, if a particular discharge pre-
sents no public health problem, such change is un-
necessary.
On the List...
CSMA: Sec. 313 gives the agency authority to add
or delete chemicals and substances from the list of
chemicals that the law specifies on which emis-
.sions must be reported. How will the agency deter-
Jnine which chemicals to add and which chemicals
to delete, if any?
ELKINS: We've interpreted the statutory history
as allowing us to take potential exposure into ac-
count in making those decisions. This makes the
determination more complex.
CSMA: One thing that has arisen—at least in
rumor form—is whether, for instance, those ex-
tremely hazardous substances under Sec. 302 will,
at one point or another, automatically be deemed
Sec. 313 chemicals, or through the regulatory proc-
ess will be deemed such.
ELKINS: There certainly won't be any chemicals
automatically added to this list. At the same time, I
envision that some additional chemicals will qualify
to go on. My long-term goal is that this list become
EPA's main list of toxic chemicals. I think that the
public would be well served to be able to consolidate
many of EPA lists. What it means is that we probably
will add some chemicals and we will probably delete
some in order to serve the needs of all EPA programs.
On Making the Estimates...
CSMA: Some people are concerned that the meth-
ods available for estimating emissions will neces-
Brily lead to drastic overestimates. Do you think
Tnat information submitted by industry will be
accurate?
Chemical TIMES & TRENDS
tf!
Charles
Elkins
ELKINS: We will have a problem in getting accu-
rate data, mainly because all of us will be estimating
many of these emissions for the first time. It is very
difficult to make estimates in some situations—in-
dustry has many different processes. The public has
a right to expect a good-faith effort on the part of
those who are reporting. In the first year, we will
emphasize the importance of a good-faith effort and
will be sympathetic where the estimates are difficult
to make.
19
-------
CSMA: Is the agency going through any specific
measures to assist industry in developing methods
for estimating emissions?
ELKINS: We are putting together technical guid-
ance tailored to the major industry groups. We rec-
ognize that each segment of the manufacturing in-
dustry is different in the way it deals with chemicals
and its ability to estimate emissions. The guidance
[manual] is an effort—our best effort—and we are
expecting feedback from industry.
CSMA: Will industry be required to use that
guidance manual to estimate emissions?
ELKINS: Absolutely not. The manual is there to
help. We have a few months' head start on this issue,
and we want to give industry the benefit of our
thinking. But, the guidance is simply that: guidance.
Individual companies know their processes better
than we do, and should make the best estimates
they can.
"Simply saying, 'My engineer
knows best,' will not be sufficient
even though it may be true."
However, they should recognize that this doesn't
constitute a blank check. Two kinds of people will
ask industry about these estimates. First, EPA in-
spectors need to know how the estimate was made.
Second, and perhaps more importantly, the citizens
of the local community may come in and want to
know how the estimates were made. Simply saying,
"My engineer knows best," will not be sufficient,
even though it may be true. For this reason, our rule
will require firms to document their estimation
methods and keep these records for a period of time,
although they will only have to report the final
estimates.
It is absolutely essential that this data base have
credibility. It is not in your interest and it is not in
our interest for people to say that the data base is
just full of fictitious numbers. If the public can't get
accurate information from the data base, Congress
may insist that they get it some other way, such as
through mandatory monitoring.
CSMA: Some have expressed concern that the
technical guidance manual may take on a life of its
own. It may suddenly become the thing that com-
panies have to be in compliance with, irrespective
of all good intentions. Is the agency going to take
steps to make sure that it is understood that an-
other method can be used for estimating?
20
"If the public can't get accurate
information from the data base,.
Congress may insist that they get it
some other way, such as through
mandatory monitoring."
ELKINS: The best way, in the long term, is for
industry groups to participate in writing guidance
for themselves and for each other. It seems to me
that a number of companies—particularly the
smaller companies—are going to have difficulties,
while some of their bigger cousins might be able to
give them some tips about how to make some cal-
culations. The burden of making these estimates is
placed by the Congress on the reporting community,
not on EPA. We're writing technical guidance be-
cause we realize that making these estimates is not
an easy task.
On EPA Assistance ...
CSMA: At CSMA's Regulatory Conference in Oc-
tober, you expressed some concern that companies
might not understand the importance of compli-
ance. What type of programs are you implementing
to assist companies?
ELKINS: We are staffing the regional offices with
people who will be of some assistance. But compa-
nies should recognize that we're learning this proc-
ess just as they are learning it. So they may well
have to turn to their own staffs, or even to the private
sector, to get some assistance because the July 1988
deadline for reporting is approaching fast.
To a large extent, companies are going to have to
be on their own to get the assistance where they can
find it. We will help as best as we can, but with
30,000 reporting facilities, most will have to cope as
best as they can. We are also investigating mecha-
nisms for making training courses available.
I would hope that your member companies would
recognize and agree that their customers may not
like hearing the bad news that they must report
under Sec. 313, but they probably are going to be
more unhappy if they miss the reporting date and
get caught up in an enforcement action. So there is
a need for all of us to try to make this program work
in a way that accomplishes what Congress intended
without having more disruptions than absolutely
necessary.
CSMA: Will there be a Toxic Substances Assist-
ance-type office? Is there any thought to starting
something like that?
lanuarv 1988
-------
Quite frankly, most of our efforts between now and
the reporting deadline of July 1988 will be devoted
to trying to tell people that they need to report.
Assistance in actually filling out the form, making
the estimate, and this sort of thing will have to come
primarily from our written guidance manuals—and
that's why it is so important for people who really
know these processes in. industry to look at those
drafts and to give us meaningful comments.
"Mixtures may turn out to be one of
the most important reportable
items on this data base."
On Mixtures ...
CSMA: Mixtures are widely processed, manufac-
tured, and used by the chemical specialties indus-
try. What is the agency's latest thinking with re-
gard to the reporting obligations for Sec. 313 chem-
icals contained in mixtures?
ELKINS: Mixtures may turn out to be one of the
most important reportable items .on this data base.
We think that a lot of the interest in local commu-
nities will be on mixtures, and not in the large
Commodity chemicals.
A question exists of how to report where the
subject chemical is a very small percentage of the
mixture. We are considering adopting the Occupa-
tional Safety and Health Administration cut-offs of
1% or 1/1 Oth of a percent at least for the first few
years.
We are also seriously considering requiring the
suppliers to make data available to the users about
Sec. 313 chemicals contained in mixtures. This is
not without controversy. But for the long term, we
believe that this is in the best interest of everyone,
including the suppliers—that is, to be able to provide
this information in an organized, efficient manner,
rather than receiving 10,000 phone calls from their
angry customers who are-trying to fill out a Sec. 313
form.
CSMA: Certain Sec. 313 chemicals are not prod-
ucts intentionally added to the mixture, but may
result as a by-product reaction and then be found
in trace amounts in mixtures. Is it the agency's
inclination to require the manufacturer to find out
whether any Sec. 313 chemicals are in the mixture?
ELKINS: No new analytical testing is required,
but if you have reason to believe that such by-
products exist, you must estimate then for purposes
r reporting.
-lemical TIMES & TRENDS
Stephen
S. Kellner
George
G. Mlsko
On Trade Secrets ...
CSMA: Proposed regulations address trade secret
claims by establishing a list of generic classifica-
tions that could be used in place of specific chem-
ical identity. There has been some concern that
this list will not provide adequate protection of
chemicals for legitimate trade secrets. How is the
agency going to address this concern?
ELKINS: We read the legislation to recognize le-
gitimate trade secrets with regard to the name of the
21
-------
chemical. It is not our intention to run the program
in such a way that, either directly or indirectly.
forces companies to reveal such legitimate trade
secrets.
On the other hand, the statute contemplates put-
ting a very high burden of proof on those who are
claiming legitimate trade secret claims because the
agency has had some bitter experience with people
very easily claiming confidential business informa-
tion. The regulations will require people to meet a
very high burden of proof.
At the same time, we will not through indiscretion
give away these trade secrets by, for instance, telling
people the health effects of the secret chemical in
such detail that anyone would be able to determine
the chemical identity from this information. That
means that users of the data base will have to put
up with less in health information in order to keep
this protection for trade secrets. This is a very un-
comfortable trade-off which we have to make be-
tween trade secrets and the public's right to know
about health effects and it is one that Congress may
want to revisit.
CSMA: In mixtures, we are talking about chem-
ical identity as well as concentrations. If suppliers
are required to inform customers of the presence
of Sec. 313 chemicals in those mixtures, how is the
agency going to handle the problem of providing
percentage concentration information which may
be confidential?
ELKINS: We have not yet made all these deter-
minations about how that information should be
provided in such a way as to protect the legitimate
trade secrets.
CSMA: Who is going to decide whether the trade
secret claim is legitimate?
ELKINS: EPA will first look to see whether the
prima facie case has been made under the regula-
tions. We are warning people whose companies
make this claim initially that they and their com-
panies face a potential $25,000 fine for frivolous
claims. We would consider it frivolous if a company
makes an assertion which they can't back up with
facts. If in the substantiation phase we find that this
company can only make assertions and has no facts,
we have the $25,000 fine as a way to discourage
illegitimate use of the trade secret provision in the
future.
In the opening year, we plan to put considerable
staff time on this, because if we have a large number
of trade secret claims, it will not be credible that
they are all legitimate. This would jeopardize the
credibility of the whole data base. So we will be
pursuing these claims and sifting the illegitimate
ones from the legitimate ones.
A trade secret expert from outside the government
indicated recently that he didn't think EPA would
pursue the $25,000 fine. He was right in the sense
that we don't go out looking for opportunities to
22
have people pay fines, but in this case, the credibility
of the data base is at stake, so people who submit
trade secret claims can expect close scrutiny.
On the Data Base ...
CSMA: The purpose of Sec. 313 is to readily
provide information to the general public through*
a data base. Will the data base be constructed and
run by EPA or another government agency, or
operate through a privately funded effort or private
organization such as a university?
ELKINS: We haven't decided that yet. Instead, we
have determined the quality of that service and
looked for the best way to provide it. Specifically,
we are looking for the ability for people to sit at their
computer terminals, dial up this data base from
anywhere in the country, and be able to not only
look at each individual emission report, but actually
analyze the data. So they could ask questions like:
"How many tons of carcinogens are released in the
air in my community?" or "How does Company X
compare to other companies in its Standard Indus-
trial Code?'
CSMA: How soon after the first reports are due,
July 1, 1988, does the agency expect to have the
data base up and operating?
ELKINS: We are shooting for January 1989, assum-
ing that we get something on the order of 160.000
reports.
CSMA: Do you think that there will be any user
fees attached to the data base?
ELKINS: There may [be], if we make this data
base available to the public through a private ven-
dor, who is in the business of providing data. We
don't expect these fees to be high enough to dis-
courage use.
On Public Access ...
CSMA: Do you think that the public, in general.
will be able to understand the information in the
data base, so as to make an analysis?
ELKINS: This is a matter of concern. Title HI
represents a shift from how we used to operate. In
the old days, EPA analysts would collect the data
and analyse it. When they had something to say
about it, they would make the data available to the
public in some aggregate form, and tell the public
what the government was going to do as a result of
the data. It was pretty much a government-regulated
or government-modulated program which, on il*
own timetable, collected the data, analyzed and the"
released it.
Title III really turns this process upside down-
Under Sec. 313, EPA collects the data, puts it up <>"
the computer and people can analyze it any wa>
they want to. There will be no EPA press release or
"editorial" from EPA. That's the way the statute was
January 1&
-------
written, and our assistance to the community in
understanding the data will have to be supplemen-
tary to this primary task.
CSMA: Does the agency intend to take any steps
u reduce the potential problem of the public mis-
Riterpreting the data?
ELKINS: First, the agency has no obligation under
the statute to do so. The problem of interpreting the
data is left to the public. However, we recognize that
if society is going to spend this much money collect-
ing the data, it is appropriate that it be used intelli-
gently. So, we are anxious to see what we can do—
from an educational and technical assistance point
of view—to try to help. We have encouraged indus-
try and environmental groups to focus on this same
need.
"The greatest potential
misunderstanding is that the
information will be emission data,
but people make believe it
represents exposure data."
greatest potential misunderstanding is that
information will be emission data, but people
make believe it represents exposure data. People
may tend to think that if a toxic chemical is going
into the air in their community, they are probably
breathing it; if it's going into the river, they will
think they are probably drinking it. Of course, this
is simply not the case in many situations.
CSMA: How can we cut down potential misun-
derstandings? Exposure data is not being reported.
How is the agency going to communicate that to
the public so that they can understand what that
data represents?
ELKINS: We are thinking of helping the layman
translate from emission to exposure. If we can help
them make that translation, even in gross terms, this
at least allows them to communicate to their state
or local agency about the risk of exposure. Once
emissions can be translated to exposure, you are
talking about a dose, parts-per-million, concentra-
tion numbers. Those are terms which people in
other agencies, companies, and environmental
groups can relate with some assumptions to risk
estimates. But you can't take raw emission numbers
and arrive at a risk estimate. There is no algorithm
do that. We think that the most important thing
^ we all can do is to help people estimate potential
Jrosure from these emission numbers.
CSMA: What can industry do?
Chemical TIMES & TRENDS
AGENCY
ELKINS: There are a number of things that indus-
try can do. First of all, it is not too early for each
company to take the draft form, look at their own
emissions in tons per year, and plan what they are
going to say about that emission to their community.
Why not think through what that emission means
in exposure terms to that specific community? Why
not write down what you would expect the presi-
dent of the company to say to the first reporter who
calls the day after the data are announced? Compa-
nies don't have to wait until the day they fill out
23
-------
the form to know what those chemicals are and
have some general idea about the tonnages. If you
think the emissions are not protective of public
health in the community, then now is the time to
do something about them—voluntarily! If they are
safe levels, now is the time to think through what
facts can be presented to the community and to
regulatory agencies to help them reach the same
conclusions.
Second, EPA has kicked off a project called "Com-
mon Ground," an attempt to have industry, environ-
mental groups, public interest groups, state govern-
ments, and EPA sit down around the table now and
talk about whether or not there is any common
ground around the issue of intelligent use of the data
base."
I believe that each one of those groups has an
interest in seeing that data intelligently used. Com-
panies are interested in seeing that they get a fair
shake. Environmental groups should be interested
that society's energy and resources are devoted to
curing the real problems that are identified in this
data base, rather than chasing after "red herrings."
There will certainly be a lot of red herrings identi-
fied in the data base, simply because it is emission
data and not exposure data. But I expect us to find
a lot of real problems too.
If we don't meet around the table, we caji expect
to meet each other in the community. In the. past,
the toxic chemical issues were fought out in Wash-
ington D.C. or state capitols. Now Sec. 313 will allow
the debate to shift to plant-specific issues which can
be dealt with, at least in part, in the local commu-
nity. This will be a whole different playing field for
government, industry, and public interest groups,
and the stakes for this country's public health and
for its economy are high. We are trying to do our
part to get ready. I hope your member companies
and public interest groups are too.
Barbara Melber
Communications, CSMA
As American as
The Consumer Information Catalog is filled
with over 200 federal consumer-oriented
publications. Many are free and all are
helpful. Get your free copy by writing -
Consumer Information Center
Department AR Pueblo, Colorado 81009
U S Cenrrjl Service:. AUmmistrjnon
24
January 1988
-------
Section 313: A "Bear" of a Problem
Charles Elkins, director of the Office of Toxic Sub-
stances at the U.S. Environmental Protection Agency
(EPAJ, appeared at CSMA's Fourth Annual Regula-
tory Conference in October. His comments to CSMA
members on Tide Ill's Toxic Release Inventory (Sec-
tion 313 of Superfund Amendment and Reauthori-
zation Act (SARA)J contain valuable advice for com-
panies preparing for the difficult situation created
by the law.
I usually introduce the subject of the Toxic
Release Inventory by telling the following
story. A hunter went out to do some hunting.
Walking along the edge of a ravine, he dropped
his rifle down the ravine, and he had no choice but
to follow it.
When he got halfway down the ravine, he heard
this growl behind him, and out of a cave came a
bear. He decided that the best thing to do was pray.
Looking up to heaven, he said, "God, please give
this bear religion." Suddenly there was a strike of
''«?htning and thunder. The bear looked up, folded
paws, and said, "Dear God, for these gifts which
j are about to receive...."
The moral of this story is "be careful what you
ask for!" In fact, even when you don't ask for it.
Congress sometimes gives you a "gift" anyway and
it you are not alert, it can turn into a "bear" for you.
One of these potential bears is Section 313 of
SARA, known as the Toxic Release Inventory. It's
an inventory of the annual emissions of over 300
toxic chemicals to air, land, and water by individual
companies. Your first report is due July 1,1988.
Recently, the Roper Polling Organization asked
people, "Are there any toxic chemicals in your
neighborhood?" Three out of four people said,
"Nope, no toxic chemicals in my neighborhood.
Maybe over there, but not in my neighborhood."
"People simply do not know what's
really going on in their
community."
Sec. 313 chemicals are released in most communities
every day.
The Office of Toxic Substances has the job to
collect this information from about 30,000 facilities
across the country, put it on a computer, and make
it available electronically to everyone who wishes
to receive it on their home computers. Our target is
to make it available in the spring of 1989.
What does this mean for your corporations and
your customers who are using some of these chem-
icals? Keep in mind that reports are required when
you manufacture more than 75,000 pounds or use
more than 10,000 pounds of any one of these chem-
icals. The headlines next year, either in your com-
pany's home town or in your customer's home town,
could read something like, "Happy Chemical Com-
pany dumps five tons of toxic chemicals in the local
river—what does this mean for the city's water
supply?"
A second headline: "Happy Chemical Company
among the top worst dischargers of toxic chemicals
in its industrial class. Local activist charges that
"Dealing with emissions will be a
little tougher, because those who
receive your emissions are not the
same people who benefit from your
products."
and I know that's not true. People simply do
not know what's really going on in their community.
Chemical TIMES & TRENDS
profits are made by using the community as a toxic
dump."
I think these headlines that I made up are really
not as unreal as you might think. Every one of those
statements would be possible to write after 10 min-
utes of looking at the computer data.
I know that many of you have dealt with this
communication issue in the past with chemical
products. Education efforts help your customers un-
derstand that they're dealing with chemicals that
are not perfectly safe, but if they are used according
to the label and with good common sense, they can
be used safely. Dealing with emissions will be a little
tougher, because those who receive your emissions
are not the same people who benefit from your
products.
25
-------
"Sec. 313 is here to stay and it is
going to have a big impact on the
way this society deals with toxic
chemicals."
As I have watched other people's response to the
Comnuunity Right-to-Know Program. I have ob-
served that it's a reaction similar, though, of course,
on a much smaller scale, to one outlined in the book,
"Death and Dying."
People react to such situations in five stages. The
first stage is disbelief. Many people react. "This can't
be true. It can't happen to me."
Next, people get angry. In the case of Sec. 313 they
might say, "Why would Congress pass a law which
dumps all these data on people who may not know
how to use it?"
The third reaction people have is to bargain. We
see this as people try to get their chemical off our
list. The bad news is that it is unlikely that anyone
is going off the list until after the first reporting
period.
The fourth reaction that people have is depression,
and many people never get beyond this stage. How-
ever, the fifth stage is acceptance. If people who are
facing death get to this stage, then they are able to
make the best use of the time that remains. The
same is true, I believe, with Community Right-to-
Know. It's a radical departure from the past, but you
cannot deal effectively with the real challenge it
presents in risk assessment and risk communication
if you're always fighting the concept. Sec. 313 is here
to stay and it is going to have a big impact on the
way this society deals with toxic chemicals. I'd sug-
gest we all try to move as quickly as possible to the
acceptance of this program.
Until you accept the fact that this program is
coming and that in July you're going to file these
reports and everyone is going to know that your
company is dumping tons of chemicals into the
environment, you won't be ready.
What can you do about this? Well, let me just give
you a few suggestions. First of all. you might try
filling out the draft form for your company.
Second, estimate the tonnage of some of your
major pollutants, and with your public affairs offi-
cial, try drafting the press release that tells why
these discharges are necessary, why they meet pub-
lic health ordinances—and do that in plain English,
please.
Tell about the progress your company is^making
in controlling your emissions in the last 20 yeaxs, or
what plans you have for dealing with it in the future.
You can write it today. There is no sense in wait-
ing for the day that it happens. Because you know
it's going to happen. And you might try to tell your
customers, too.
If you have a real toxics pollution problem at your
company instead of just an apparent one, then now
is the time to start fixing it, not when the reports
are released.
Make some contacts with the press in your com-
munity if you haven't already done so. so that when
they meet you on the day of the press conference.
they're not meeting you for the first time.
Think about the problem for your customers. How
will you react when they ask you what's in your
product? How will you react when they ask you
why you're making them fill out all of these govern-
ment forms? What will you answer when they ask
you if there aren't some substitutes you can put in
the product that aren't on the Sec. 313 list: or
whether your competitor's product may be better
since it doesn't have a Sec. 313 chemical in it?
Think about how you might inform your cus-
tomers about what is in your products: the fact that
they contain a Sec. 313 chemical, and in what per-
centage.
This legislation is going to have a big impact on
the way that effluents are controlled. Now you might
say, "I'm not in the effluent business. I'm in the
product safety business. Effluents are the job of
another department in the company." Your corpo-
rate president is going to be happy for all the help
he can get. and those of you who are experienced.
as you are I'm sure in dealing with the risk questions
related to your products, are going to be invaluable
to your company and to your customers.
So, are you are going to be standing next to this
bear when he emerges from hibernation next year?
Well, bears are like toxic chemicals. Proximity has
a lot to do with how safe they are. If you're already
100 yards down the canyon, you're going to feel
better about that bear.
Of course, it you do find yourself five feet away
from the bear, I suggest you pray—there is no telling
what might happen. But always keep in mind. "God
helps those who help themselves."
26
lanuarv 1988
-------
C-8
-------
ACS COMMENT
Getting involved in community right-to-know
William Beranek Jr., chairman
Committee on Environmental Improvement
John P. McCullough, chairman
Committee on Chemistry & Public Affairs
Stanley H. Pine, chairman
Committee on Chemical Safety
Robert L Sou/en, chairman
Committee on Local Section Activities
In recent years, people throughout the U.S. have decid-
ed they want and have an obligation to know about
potentially hazardous chemicals being used in their
communities. As a result of some unfortunate major
chemical accidents and the subsequent public pressure,
Congress enacted legislation to address these concerns.
On Oct. 17, 1986, the "Superfund Amendments and
Reauthorization Act of 1986" (SARA) was signed into
law. SARA contains a separate section, Title III, known
as the "Emergency Planning and Community Right-
To-Know Act of 1986." It requires each state to estab-
lish a planning commission and local planning com-
mittees, to develop local chemical emergency pre-
paredness programs, and to gather and disseminate
information on hazardous chemicals in the communi-
ty. Under various provisions of Title HI, manufactur-
ers, processors, and users of chemicals must submit
technical information on certain chemicals to state and
local planning committees as well as to local fire de-
partments and to the Environmental Protection Agen-
cy. EPA, in turn, must develop a database, accessible to
the public, containing information on the potentially
hazardous chemicals in a community.
The goals of this community right-to-know program
are commendable, but data gathering and interpreta-
tion as well as emergency planning are complicated
tasks. Furthermore, supplying all available data on a
particular chemical may not be the best way to help
people make informed decisions. Most people do not
have the necessary training and experience to under-
stand the significance of the information they receive.
The same may be true for local fire departments, many
of which are volunteer and are poorly equipped to
handle massive amounts of technical data.
There is a great need to improve communication
about potentially hazardous chemicals with the public
as well as with officials who must implement the regu-
lations. The community right-to-know program can
benefit from technical expertise—from individuals
capable of lending their experience and knowledge to
ensure that proposed programs are technically and sci-
entifically sound. ACS has been an active participant in
the development of the community right-to-know leg-
islation and regulations. However, at this time a more
coordinated, societywide program is warranted. Most
of the regulations are being implemented at the state
and local levels, and it is at these levels that ACS mem-
bers can be most helpful. The society's 182 local sec-
tions can serve as an excellent resource to provide tech-
nical expertise to assist community officials and the
general public in complying with the community
right-to-know regulations. The influx of data on poten-
tially hazardous chemicals will require knowledgeable
and experienced chemists and engineers to help local
committees evaluate the significance of the informa-
tion and disseminate it to those who need and /or want
to know it in terms they can understand. The subject of
risk will arise, and it is the responsibility of profession-
als such as ourselves to describe these risks and put
them into perspective.
As professionals, ACS members may offer their ex-
pertise and experience in several ways: by serving on
the state or local planning committees established by
the governors; by peer-reviewing the emergency re-
sponse plan developed by the local committees; by
providing technical guidance to the state and local
committees and fire departments, such as interpreting
data submitted by facilities, identifying hazards, and
assisting in the development of the emergency re-
sponse plan; and by communicating risk information
on potentially hazardous chemicals to the public.
To encourage involvement, the society is planning
to hold training sessions at ACS regional and national
meetings. These workshops will train ACS members in
how to communicate to citizens the technical and risk
information about chemicals in the community.
We, as technically trained chemists and chemical
engineers, are one of the greatest resources of ACS. We
are also members of the community and have a social
obligation—an ethical, moral, and professional re-
sponsibility—to use this training and knowledge to
further the public welfare. The current community
right-to-know regulations provide the framework for
how we may fulfill these obligations. The emergency
planning and notification provisions of Title III of
SARA will affect all segments of the chemical commu-
nity. Working together, yet as individuals in our re-
spective communities, we may make a difference.
To assist ACS members who wish to volunteer their
technical expertise, the society's Department of Gov-
ernment Relations & Science Policy has available back-
ground material, including a general overview of Title
III provisions, copies of official ACS policy statements
commenting on Title III implementation, and persons
to contact in the states. To receive this information
please contact Michele Boisse, ACS, 1155—16th St.,
N.W., Washington, D.C. 20036, or call (202) 872-4391.O
62 October 26, 1987 CAEN
-------
C-9
-------
1Jntt*»/i 5(^tpc
Environmental Protection
Agency
Emergency Response £PA Region III
c/EPA TITLE III
What it Means
To You
Citizens'
Fact Sheet -
Emergency
Planning and
Community
Right-tc-Know
Law
The Emergency Planning and Community
Right-To-Know Act of 1986
What It Means to You:
t It Helps You and Your Family Be Prepared for
Chemical Emergencies.
• It Provides for Your Participation in Your
Community Emergency Planning.
• It Keeps You Informed About Chemicals in Your
Community.
• It Assists Your Community in Preparing for Chemical
Emergencies.
What is Title III?
Title 111 is a part of the Superfund Amendments and
Reauthorization Act (SARA) which became law in 1986.
Title III legislation establishes a partnership between
states, local communities, and industries to help in
emergency planning and notification. This legislation
gives assistance to State and local programs and is
designed to meet community needs for potential chemicaJ
emergencies. As a result, your State and local
governments are organizing your community for quicker,
better responses to potential chemical emergencies.
. Title III requires that you. the citizen, have access to
information about possible chemical hazards in your
community.
« Title III defines what information is available to you
and where and how you can obtain it.
« Title III explains local emergency planning
requirements and describes how you and others in your
community can contribute to those plans.
Title III makes it possible for you to learn what steps
your local planning committee should take to be fully
prepared for any possible chemical emergency. By
learning what should be done, you can better prepare
yourself and your family, and your community for
chemical emergencies.
As of August 1987. the states of Delaware. Maryland.
Pennsylvania and West Virginia have Right-to-Know
Laws. These laws address Community and Worker
Right-to-Know requirements. Worker Right-to-Know
Laws require industries to inform employees about
chemicals in their workplaces. Community Right-to-
Know Laws require industries to provide this chemical
information to the communities in which they are
located.
October 1987
-------
How is the Federal Government Helping?
Local emergency planning committees now have
technical assistance and training available to them. The
Federal government makes this assistance and training
available to local agencies through their Stales. The
Environmental Protection Agency (EPA) and the
Federal Emergency Management Agency (FEMA) are
two Federal agencies actively involved in emergency
planning, (raining and assistance. Regional Response
Teams, with representatives from Federal and State
agencies, also play a significant role in planning tor and
responding to chemical emergencies. Local committees
may contact their State Emergency Response
Commissions and regional Federal offices to receive
assistance for emergency response plans, for inventories
of toxic chemical emissions from certain local industrial
facilities, and to review existing and proposed emergency
response plans.
Information Flow
Local Emergency
Planning Committee
State Emergency
Response Commission
-------
How Can You
Participate?
Easy as 1, 2, 3
1 . How Can You
Obtain Information?
Local cmeruencv planning committees arc being
organi/ed as a result of Title III. Your committee, which
should have been appointed by August 19X7, will become
your most immediate source of information. Your local
committee will receive information from industrial
facilities in your community about the chemicals in use.
Title III requires that between now and July 1988. all
industries in your community must submit information
about chemicals that exist in their plants. This
information is available to you from your local
emergency planning committee upon request.
Your local community emergency response plan will be
published annually. It will tell how you can obtain
chemical information such as Material Safety Data
Sheets (MSDSs) and chemical inventory forms. You will
have an opportunity to comment on revisions to the
plans when an updated version is published in your local
newspapers each year.
Inlormation on toxic chemical emissions in your
community is available through the EPA and through
designated State officials. (Please refer to the "contacts"
panel of this brochure for the contact in your state.)
Title 111 authori/es you to bring suit to obtain the
information described above. II you are denied
information to which you arc entitled, you may sue any
or all of the following: The EPA. your State Emergency
Response Commiss-ion (SKRC'l. the Governor of your
slate, or the owner operator ol'a facility in your
community, depending on the tvpe ol inlormalion vou
arc .seeking. Once you have .submitted vour request lor
inlormalion, the owner of the facility i> obligated to
provide your committee with the requested information.
2. What Part Will Your State and
Local Government Play?
The Governors of each State have already appointed
State Emergency Response Commissions. These
Commissions will establish procedures for receiving and
processing requests for information. Your local
government is already organizing local emergency
planning districts-and committees. Counties are the
designated districts in most areas.
Local community-groups are among the participants to
be represented on your local emergency planning
committee. Other participants include State and local
agencies such as fire and police departments, emergency
medical services, health agencies, civil defense, hospitals.
local environmental agencies, the media, and owners of
industrial facilities. Owners and operators of industrial
facilities must submit information on their use and
manufacture of chemicals to your local emergency
planning committee and to the State commission. Your
local committee will establish its own rules, give public
notice of its activities, and establish procedures for
handling your requests for information.
The local committee's primary responsibility will be to
develop an emergency response plan by October 17.
1988. Many communities and facilities may already have
emergency plans and procedures. These existing plans
will be modified to meet Title Ill's new requirements.
Your community's emergency response plan will:
• Identify facilities in your community where chemicals
are used.
• Identify transportation routes lor extremely ha/ardous
substances used in or passing through your
community.
• Establish emergency response procedures to be
followed within industrial facilities and in your
community.
• Name a_commu!iiiy coordinator and facility
coordinator(s) to implement your community's plan.
• Issue emergency telephone numbers, emergency
assistance locations, and other notification procedures.
-------
CONTACTS
Establish ways to determine the occurrence of a
ha/ardous chemical release and the probable aflecied
area and population.
Describe local and industrial emergency equipment and
facilities available for use during a chemical emergency
arid identify the persons and agencies responsible for
putting them into action.
Develop evacuation plans for your community.
Provide a training program for your local emergency
response personnel.
Organize emergency response plan exercises in your
community to practice emergency response procedures.
o. How Can You be Involved?
You can contribute to the emergency planning process by
making sure your community group is participating on
the local committee or by being active yourself. These are
some ways to participate:
• Be certain your local emergency planning committee
has been formed.
• Call the community coordinator at your local
emergency administration.
• Contribute to meetings of your emergency planning
committee,
• Examine your community emergency response plan to
be certain it meets your needs.
• Review and comment on your community's annual
emergency response plan.
• Request information that you need about local
industrial facilities from your local planning committee.
• I! your requests are denied, you may bring civil action
to obtain information to which you are legally entitled.
The more involved you and your neighbors are. the
better you-ca'n respond, and the safer you and your
family will be when an emergency happens. Knowing
what to do will help you and your family avoid panic in
the event of an emergency.
ij s EPA Reg;or. II!
(800) 438-2474
Attention: Title 111 Coordinator
841 Chestnut Building
Philadelphia. PA 19107
Delaware
Delaware Department of Public Safety
Dover. DF 19903
(302) 736-4619
District of Colurrcig
Office of Emergency Preparedness
Washington. DC 20009
(202)727-6161
Pennsylvania
For more information:
Department of Labor and Industry
Bureau of Right-to-Know
Harrisburg,iPA 17120
(717)783-2071
For emergencies:
Pennsylvania Emergency
Management Agency
Harrisburg, PA 17120
(717)783-8150
Maryland
Maryland Emergency Response Commission
Pikesville, MD 21208
(301)486^422
Virginia
For emergencies:
800-468-8892 (Virginia only)
Virginia Department of Waste Management
Richmond, VA 23219
(804) 225-2667
West Virginia
Department of Natural Resources
Charleston. WV 25305
(304) 348-2755
EPA Toll Free Number
(800) 535-0202
(479-2449 in the Washington, DC area)
for the following information:
- General Inquiries
-Title 111 Fact.Sheet
- - Title Ill-related Federal Registers
- Hazardous Materials Emergency
Planning Guide
-------
C-10
-------
Risk Communication:
Getting Ready for 'Right-to-Know7
by Charles L. Elkins
"We are drowning in information and
starved for knowledge." —John Naisbitt,
Megatrends
During the next two years, a tidal
wave of new information on
hazardous chemicals will wash over
thousands of communities across the
United States. The "wave" will consist
of reports to the public on the amount
of hazardous chemicals stored in and
released to the air, water, and soil of
those communities—reports required by
the Emergency Planning and
Community Right-to-Know Act of 1986
(Title III of the Superfund Amendments
and Reauthorization Act of
, \986).
The Community Right-to-Know law is
an exciting new approach to
environmental protection. It is based on
the belief that the more information
citizens have about environmental
conditions in their communities, the
better equipped they will be to ensure
their own protection from unacceptable
risks to their health and safety. The law
requires disclosure by industry of both
the presence and release.into the
environment—including both accidental
and "routine" releases—of hazardous
substances. The information will be
available not only to government
regulators, but also to the people most
directly affected—the residents of the
communities where the substances are
located.
From EPA's point of view, Title III
presents both great opportunities and
great challenges. Its promise lies in the
wealth of new data on levels and
sources of hazardous substances in the
environment that the law eventually
will provide. As the program matures
and the data become more and more
reliable, information from the Title III
reports could become the "front end" of
the Agency's toxic substances and other
regulatory programs. Title III data could
help EPA, as well as state and local
authorities, set regulatory and
enforcement priorities to control
hazardous substances in all
environmental media—air, water, and
soil.
The law also could become a driving
force for the development of new
industrial processes and techniques to
eliminate hazardous wastes at their
source—before they are produced and
either released into the environment or
trucked away for expensive, and not
always effective, treatment and disposal.
But the promise of the community
right-to-know information over the long
run is equalled by the problems it could
cause, if not properly understood and
used, in the short run. Except in a
handful of states that already have
community right-to-know laws,
businesses have little or no experience
in reporting this kind of data.
Consequently some reports—especially
the reports of annual "routine"
emissions of toxic chemicals.required
by Section 313 of Title III—are likely to
be very rough estimates of actual
releases. The value of the emissions
data in the first years of the program
probably will be limited to helping EPA
and other authorities identify potential
"hot spots"—areas with apparently
high levels of toxic emissions—for
careful monitoring and evaluation to
determine if an environmental hazard
may be present that requires immediate
attention.
Despite the limited reliability and
value of some Title III reports in the
early years, however, the information
collected from more than one million
industrial facilities, farms, small
businesses, and other chemical users
around the nation will be immediately
available to the public. The Community
Right-to-Know law requires the states in
which the facilities are located to
release the information to anyone who
requests it, either in printed form or—in
the case of the annual emissions reports
by EPA—on a national computerized
database called the Toxic Release
Inventory (TRI). Title Ill's requirements
for reporting on the storage and
accidental release of hazardous
chemicals are already in effect; the first
round of annual emissions reports must
be submitted by July 1, 1988. EPA
expects the national database to be
ready for public access by the spring of
1989.
How prepared are America's
communities to receive, understand,
and act on this unprecedented deluge of
information about hazardous chemicals?
That question has been a central
concern to EPA since the law was
passed. And the answer, unfortunately,
seems to be: not very.
Public opinion polls such as those
taken by the Roper Organization during
the past few years show that most
Americans believe that toxic chemicals
can be found in the air, water, and soil
in the United States—but not in their
own neighborhoods. Except in
industrialized regions or areas where
hazardous substances are known to have
been dumped or buried—the
"Superfund" sites—toxic chemicals
seem to be, for most Americans,
"somebody else's" problem.
But some people who hold this view
could be in for a surprise as the first
Title III reports become public
knowledge—especially if they indicate
that substantial amounts of hazardous
chemicals are stored and routinely
released into the environment in their
particular neighborhoods.
The routine emissions reports, which
will show estimated or actual toxic
releases on an annual basis, could be
especially alarming.
Continued on next page
NOVEMBER 1987
-------
How prepared are America's
communities to receive,
understand, and act on this
unprecedented deluge of
information about hazardous
chemicals?
For example, a newspaper article
based on the Section 313 reports might
look like this:
Local Plant Dumps Toxic
Chemicals in Crystal River
The ABC Manufacturing Co. in
downtown River City dumped
more than 200 tons of toxic
chemicals, including several
cancer-causing substances, into the
Crystal River last year, according
to reports made public yesterday
by the U.S. Environmental
Protection Agency.
The river is the major source of
drinking water for River City and
most of surrounding Utopia County.
The reports also show that ABC,
a leading producer of
chrome-plated industrial widgets,
released nearly 50 tons of toxins
into River City's air in 1987, and
sent another 300 tons of
potentially poisonous material to
the Utopia waste-treatment plant
for disposal.
Last year, the plant reported to
EPA that it stores more than 1,000
tons of hazardous substances
within a few blocks of River City
High School. On three different
occasions over the past six
months, plant accidents have
released clouds of hazardous and
toxic chemicals into the
surrounding neighborhoods.
Now, if you were a resident of River
City, what would your reaction be?
Outrage? Skepticism? Concern for your
family's well-being? A heated phone
call to the Mayor or the company
president, demanding an explanation or
an immediate shut-down of the plant?
The question is not altogether
hypothetical. Articles similar to this
could begin popping up in the news
media around the country as the Title
III reports become available. Such news
stories, based on accidental release or
annual missions reports of questionable
24
accuracy and written out of context,
could be extremely misleading. And
even accurate reports, by themselves,
simply will not provide enough
information for citizens or government
officials to reach informed conclusions
about whether hazardous chemicals
actually pose a serious health risk in
their communities.
In some instances, in fact, public
concern over Title III reports could be
entirely justified; toxic emissions into
the air, water, or soil, for example,
could endanger the health of citizens or
the welfare of the environment.
The key word, however, is "could."
The simple fact that toxic chemicals are
released doesn't necessarily mean that
public health and environmental quality
are threatened. The fact that Company A
says it released 50 tons of chemical X
while Company B reports releasing 100
tons of chemical Y doesn't necessarily
mean that Company B's emissions are
twice as big a problem as Company A's.
Much more than raw, unverified release
information is needed to determine the
risk in a given situation. And that's
where the Community Right-to-Know
law creates a major challenge for those
whose job it is to assess and manage
environmental risks to human health.
EPA management believes that the
Agency, along with industry,
environmental groups, and state and
local governments, has a responsibility
to help the public understand the
significance of hazardous substances in
the environment. We must do more than
simply collect and verify the
information and make it available.
Under Sections 301-303 of Title III.
states and localities have established
state emergency response commissions
and local emergency planning
committees to receive and handle
community right-to-know information
required by the law. Section 302
requires facilities (manufacturing plants,
distributors, farmers—anyone storing
more than a specified quantity of any of
406 chemicals listed as "extremely
hazardous" by EPA) to report the
presence of those chemicals to their
local emergency planning commission.
Thousands of facilities will be reporting
this year. They must also report
accidental releases of hazardous
chemicals under Section 304, provide
on-site inventories of hazardous
chemicals under Sections 311 and 312,
and provide other chemical-specific
information.
The local committees are required to
make the information available to the
public and to develop emergency plans
in the event of a chemical accident. EPA
is working closely with the state
commissions and local committees to
provide guidance for interpreting i
understanding the meaning of all i
information reported under Title I
Communicating information on the
risks posed by hazardous chemicals,
however—in toxic waste dumps, in
consumer products, or in the air, water,
and soil from industrial emissions—is
not easy. Different perceptions of risk,
conflicts between new information and
existing beliefs, and mistrust of the
people or institutions doing the
communicating can be extremely
difficult to overcome.
To meet these communications
challenges, EPA is developing a number
of programs to help inform and educate
community leaders, the news media,
and citizens about the relationship
between toxic substances in the
environment and human health. For
example, in keeping with the
Right-to-Know law's emphasis on
community awareness and
decision-making, EPA, through its
regional offices around the country, is
attempting to provide states—and
ultimately local health agencies and
other public officials—with technical
tools and training to help them evah
public exposure to toxic chemicals. ^
is intended to help them estimate tnl
degree to which toxic releases may pose
a threat to their state's or community's
well-being; rank the problems in order
EPA JOURNAL
-------
Under Right-to-Know provisions in a
new law, people will receive a lot of
information about discharges of
hazardous chemicals in their
communities.
of priority; and then make informed
choices about courses of action based on
the values and needs of their citizens.
By itself, hazardous release data from
the Title III reports means very little in
terms of human health. Along with
emissions information, at least two
other sets of data are needed to set
priorities for managing risk. They are a
chemical's toxicity—its ability to cause
adverse health effects at specific
concentrations—and the degree of
public exposure to the chemical—in air,
water, or food. Some toxicity
information is already available on
many of the chemicals and chemical
categories whose presence and release
must be reported under Title III. EPA
will make that information available to
state and local officials and the public
as quickly as possible. At the same time,
EPA plans to step up its efforts to define
the toxicity of other substances which
have not yet been thoroughly evaluated.
Determining the level of exposure to
particular chemicals is, in some ways,
even more difficult than assessing their
toxicity. One method is to take
measurements at various points near a
known or suspected emissions source,
and then relate the results to the size of
the local population. This kind of
monitoring, however, is expensive and
time-consuming. Many measurements
must be taken because exposure levels
can vary under different atmospheric
conditions or at different times of the
year.
Another method of determining
exposure involves computer modeling.
Here sophisticated techniques are
employed to relate reported or measured
emissions to atmospheric,
climatplogical, demographic,
geographic, and other data in order to
predict a population's potential
exposure to a given chemical. EPA has
been working for many years to
develop, refine, and expand these
computer modeling programs. One
system developed by EPA's Office of
James Douglas, Woodtin Camp Inc.
NOVEMBER 1987
-------
Determining the level of
exposure to particular
chemicals is, in some ways,
even more difficult than
assessing their toxicity.
Toxic Substances, the Graphical
Exposure Modeling System (GEMS),
integrates many other modeling
programs in a single "user-friendly"
package, complete with graphics and
mapping capabilities. GEMS, already in
use throughout EPA, in 21 states, and in
two European countries, shows promise
for application to the toxic emissions
data—especially after the data have
been evaluated and steps taken to
improve their reliability. We are now
considering ways that GEMS (or a
similar system) might be used, at least
initially, as a broad screening tool to
identify areas that might warrant closer
scrutiny by state and local officials.
Like emissions data, chemical toxicity
information, exposure estimates, and
risk evaluations are subject to many
uncertainties. But by making technical
tools like GEMS and chemical toxicity
information available to state and local
authorities, and by conducting a public
education effort to inform the American
people about the relationship between
toxic chemicals and human health, EPA
hopes that public concern and attention
will begin to focus on the particular
chemical hazards that pose the most
serious threats.
Armed with the information required
by the Community Right-to-Know law,
including the emergency preparedness
plans required by sections 302 and 303
and bolstered by a better public
understanding of the significance of
toxic chemicals in the environment,
America's communities should be much
better prepared than they have been in
the past to make informed, reasoned
risk management decisions that will
best reflect the needs and values of their
citizens, a
(BIkins is Director of EPA's Office of
Toxic Substances.)
Who Must Report?
Title III, or the Emergency
Planning and Community
Right-to-Know Act of 1986,
requires a variety of reports to
citizens on the chemicals being
produced, used, or stored in their
communities—including releases
of hazardous chemicals into the
environment.
Here is a brief summary of Title
III reporting requirements:
• All facilities that have on their
premises specified quantities of
chemicals designated under Title
III as "extremely hazardous
substances" must cooperate with
state and local planning officials in
preparing comprehensive
emergency plans (Sections 302 and
303).
• Facilities that produce, Mse, or
store specified hazardous
substances must report accidental
releases of those substances above
certain quantities to state and local
response officials (Section 304).
• All facilities that are required to
prepare Material Safety Data
Sheets (MSDSs) must make them
available to state and local
authorities. They must also report
to local and state officials on
inventories (including locations) of
chemicals on their premises for
which MSDSs exist (Sections 311
and 312).
• Some facilities must file annual
reports on industrial releases of
toxic chemicals into the
environment. A facility is covered
by this requirement if it is a
manufacturing facility in Standard
Industrial Classification (SIC)
codes 20 through 39; has ten or
more full-time employees; and
either used more than 10,000
pounds of one of 329 chemicals
and chemical categories during the
previous year, or manufactured or
processed more than 75,000
pounds of a listed chemical during
the year. (The reporting threshold
for manufacturing and processing
drops to 50,000 pounds for reports
covering 1988 and to 25,000
pounds for 1989 and thereafter).
(Section 313)
To obtain more information
about reporting requirements
under Title III, call EPA's Title III
Hotline, 800-535-0202
26
EPA JOURNAL
-------
C-ll
-------
HH>I1
COMMIJ
PREPARING FOR
COMMUNITY INTEREST
IN CHEMICAL RELEASE DATA
-------
CHEMICAL RISK
COMMUNICATION
PREPARING FOR
COMMUNITY INTEREST
IN CHEMICAL RELEASE DX5A*
*As required tinder Section 313 of the Emergency
Planning and Community Right-To-Know Act of 1986
of the Superfund Amendments and Reauthorization
Act (SARA Title III)
American Chemical Society
Department of Government Relations
and Science Policy
1155 Sixteenth Street, NW
Washington, DC 20036
Copyright October 1988 American Chemical Society
Photoduplication of this pamphlet is encouraged.
Please give proper credit.
-------
Foreword
Title III, Section 313, of the Superfund Amendments and Reauthoriza-
tion Act (SARA) of 1986 requires certain industrial facilities to report to
the U.S. Environmental Protection Agency (EPA) and to the states the
amounts of more than 300 chemicals that are routinely released into the
environment. In turn, the EPA will compile this information for a national
public database to inform citizens and to evaluate the need for further
regulations to reduce the releases. As a result, an unprecedented amount
of information about chemicals in the environment will become available to
the public, and will likely lead to public discussions about chemical risks to
human health and the environment.
The American Chemical Society (ACS) prepared this handbook to
present a basic understanding of risk assessment concepts and risk com-
munication techniques that can be used as a framework when responding
to questions from the public about releases of chemicals to the environ-
ment. The handbook is aimed at the persons who bear the public com-
munication obligations, those to whom citizens and the news media will
turn with questions and concerns: local public health officials and other
local leaders. It was written to encourage citizen discussions that are pro-
ductive and constructive.
While public health officials have historically answered citizens' ques-
tions about health problems, communicating information about risks from
chemical releases is a new experience for everyone. Local community
leaders who have not been involved in the public health field will nonethe-
less be expected to address citizens' concerns about chemical releases to
the environment. This publication is written primarily for local public
health officials, but it may be useful also to anyone involved in explaining
environmental pollution, exposures, and risks.
We hope that the information provided, along with the suggestions and
examples shown, will be helpful to those interested in risk communication,
either as practitioners or as recipients of the information. For further in-
formation contact: Department of Government Relations and Science Pol-
icy, American Chemical Society, 1155 16th Street, NW, Washington, DC
20036, 202/872-4395.
-------
Acknowledgments
This handbook was written by a group of experts who generously volunteered their energy and
time to assist in the ACS Department of Government Relations and Science Policy's risk com-
munication activities. The working group was led by William Beranek, Jr. (Indianapolis Center for
Advanced Research, Inc.). The following individuals were his colleagues: Brad Brockbank (The
Conservation Foundation), Vincent T. Covello (Columbia University), Michael Gough (Resources
for the Future), E. Bruce Harrison (E. Bruce Harrison Co.), Frances Kieffer (League of Women
Vbters of the United States), Ronald Lang (American Industrial Health Council), Timothy
O'Leary (Chemical Manufacturers Association), and Maria Pavlova (U.S. Environmental Protec-
tion Agency). The handbook has also benefitted from the writing, editorial review, and production
assistance provided by Susan Moses, Terri Nally, and Jean A. Parr of the Department's Office of
Legislative and Regulatory Programs.
This manual was reviewed by many individuals. The reviewers provided advice and comments
but they do not necessarily approve, disapprove, or endorse this report. We are grateful for the
time and effort the reviewers took to help ensure the pamphlet's completeness and accuracy. Wfe
especially would like to acknowledge the following people for their valuable guidance: Donald G.
Barnes (Science Advisory Board, U.S. Environmental Protection Agency), Caron Chess (Envi-
ronmental Communication Research Program, Rutgers University), Terry Davies (The Conser-
vation Foundation), Michael Foresman (Monsanto Company), Keith Fulton (Exxon), Fred
Hoerger (Dow Chemical Company), Barry L. Johnson (Agency for Toxic Substances and Disease
Registry), Richard N. Knowles (E.I. du Pont de Nemours & Co., Inc.), Brent McGinnis (Ashland
Chemical), Fred Millar (Environmental Policy Institute), Warner North (Decision Focus Inc.),
Betsy Ruffle (Tufts University), Peter M. Sandman (Environmental Communication Research
Program, Rutgers University), Ellen L. Shapiro (Public Health Foundation), Paul Slovic (Decision
Research), Hugh M. Smith (Sun Chemical Corporation), Paul Tomboulian (Oakland University),
William Turetsky (GAF Corporation), Daniel C. \anderMeer (National Institute of Environmental
Health Sciences), Janet A. Viniski (U.S. Environmental Protection Agency), and Doug Wolf (Nat-
ural Resources Defense Council).
The preparation and publication of this document were made possible by funding from the
Alfred P. Sloan Foundation.
William Beranek, Jr.
Chairman
ACS Working Group on
Risk Communication
(Indianapolis Center for Advanced
Research, Inc.)
Susan M. Turner
Manager, Office of Legislative
and Regulatory Programs
ACS Department of Government
Relations and Science Policy
-------
Questions local public health officials may need
to ask when information about chemical emis-
sions becomes available:
1. Is anyone in the community at risk?
2. How much of the chemical could have been breathed or ingested by an
individual?
3. Are the concentrations safe?
4. What is chemical risk?
5. What is chemical toxicity?
6. What is "exposure"?
7. What were the quantities emitted per day?
8. Were releases continuous, intermittent, or planned?
9. What is the danger of chemicals detected at low concentrations?
10. What is the source of that information?
11. What else is the chemical combined with or in the presence of?
12. How often, when, and how are the releases occurring?
13. At what height are emissions released?
14. At what temperature?
15. Where on the property?
16. What is the predominant daily wind direction? Are releases restricted
during certain wind or weather conditions?
17. What are the potential exposure routes (eg., drinking water, air, or surface
water) for the community? Are the air and water safe?
18. How do the chemical risks compare with other risks in the community?
19. What are the symptoms of adverse chemical exposure?
2O. Are people who work outdoors at greater risk?
21. Is it risky to steep in rooms with open windows?
22. Is eating fish from or swimming in local streams risky?
23. Are older people, pregnant women, and children at greater risk than oth-
ers?
24. Are chemical risks affected by diet, smoking, and other personal choices?
25. Are government standards the best guide to determine "safety" or "pu-
rity" of drinking water or contaminant levels?
26. Are "toxic" and "hazardous" the same thing (in regulatory language)?
27. What are "extremely hazardous substances"?
28. Why can't these emissions be stopped entirely?
29. What will the government do about this?
30. Why didn't you tell me this before?
-------
I. Introduction
In 1986, Congress passed the Emergency Planning and Community
Right-To-Know Act*, which addresses hazardous materials emergency
planning, emergency notification, and reporting of annual routine releases
of chemicals to the environment. The routine release reporting require-
ment, Section 313, requires certain companies around the country that
manufacture, use, or process certain chemicals above specified quantities
to report about releases of those materials to the air, water, or land. Facil-
ities first began submitting reports of annual releases to the U.S. Environ-
mental Protection Agency (EPA) and to state agencies on July 1, 1988.
The public and the news media have access to this information. Specific
chemical identity is not provided if the company has requested confiden-
tiality. In that instance, the company must report a generic class or cate-
gory for that chemical.
No one can predict how a community will respond to this information.
Reactions are likely to vary among and within communities. In all com-
munities, however, people will want answers to questions that concern
them. The answers will seldom be simple because there are many steps
between knowledge of annual releases and estimated impacts on human
health and the environment. For those answers, citizens will turn first to
sources from whom they have sought information in the past: their friends
and neighbors, the news media, their doctors, and, sooner or later, local
political and health officials and other community leaders.
Informing people about the release data, listening and responding to
their questions and concerns, and describing ongoing activities to improve
our knowledge will be part of the process of risk communication. The risk
communicator's job is a difficult one. Even though the information may be
limited by the absence of comprehensive data, the risk communicator's
responsibility is to inform the public about what is known as well as to help
decide what can be done to address their concerns. It is the risk commu-
nicator's job to facilitate more constructive dialogue among the public,
regulators, and industry and help place things into a meaningful perspec-
tive.
The first section of the handbook provides some basic information about
the assessment of risk that may help in communicating the significance of
*The new law also is known as Tide III of the Superfund Amendments and Reauthor-
ization Act (SARA) of 1986.
1
-------
the emissions data. Following this discussion, the handbook describes
some of the major principles that researchers and environmental profes-
sionals believe are important in communicating about health and environ-
mental risks. Whenever possible, these principles are applied to the situa-
tion local community leaders and local public health officials may confront
before and after chemical emissions data are made available to the com-
munity. Finally, this handbook provides a list of sources (e.g., organiza-
tions and publications) from which you or others can get additional or more
detailed information.
Although the process of communicating about issues of life and health
can be difficult and even painful, the American Chemical Society believes
that the process of risk communication can be a constructive and unifying
experience for a community. The risk communicator's efforts should help
minimize confusion and create an opportunity for understanding and coop-
eration among all involved parties.
Who Must Report?
Title III of the Emergency Planning and Community Right-to-Know Act
of 1986, requires companies to submit a variety of reports to federal,
state, and local agencies on the chemicals being produced, used, or stored
in their facilities, including routine and accidental releases of toxic chemi-
cals inio the environment. Different reports are required for different
chemicals.
Here is a brief summary of Title III reporting requirements:
• All facilities that have on their premises specified quantities of chemicals
designated under Title II! as "extremely hazardous substances" must
cooperate with state and local planning officials in preparing comprehen-
sive emergency plans (Sections 302 and 303).
- • Facilities that produce, use, or store specific hazardous substances
must report accidental releases of those substances above certain quan-
tities to state and local response officials (Section 304).
* All facilities that are required to prepare or make available Material
Safety Data Sheets (MSDSs) must submit copies of these sheets to
state and local authorities or provide a list of these chemicals organized
into health and physical chemical categories. They must also report to
local and state officials on inventories (including locations) of chemicals
on their premises for which MSDSs exist (Sections 311 and 312).
* Some facilities must file annual "Toxic Chemical Release Reports"
("Form R") on industrial releases of toxic chemicals into the environ-
ment with EPA and state officials. This filing is requked of manufactur-
ing facilities in Standard Industrial Classification (SIC) codes 20 through
39 that have ten or more full-time employees and either used more than
10,000 pounds of one of 329 specific chemicals and chemical categories
during the previous year, or manufactured or processed more than
75,000 pounds of a listed chemical during the year. The reporting
threshold for manufacturing and processing drops to 50,000 pounds for
reports covering 1988, and to 25,000 pounds for 1989 and thereafter |
(Section 313). j
Source; Elkins, C.L., "Risk Communication: Getting Ready for 'Riglrt-to-Know'", '
EPA Journal. Office of Public Affairs (A-107), U.S. Environmental Protection |
Agency, Vhl. 13. No. 9, Washington, DC, November 1987, p.26. .
-------
II. Framework For Making Data
Relevant
The public, including the news media and concerned citizens, has the
right to request access to the annual release data required under SARA
Title III. In most cases, individuals requesting such information from state
or federal government sources will receive raw, uninterpreted data. With
these data in hand, an individual or group faces the difficult task of inter-
preting information in order to answer such questions as "Am I at risk?",
"How big is the risk?", and—the especially relevant question—"Is the
risk acceptable to me?"
How can you, as the local public health official, help the public under-
stand the meaning of the reports that they will be receiving?
• First, learn about your community's information needs by listening to
its members. The essence of effective communication is understanding;
without this understanding, you are unlikely to succeed in significantly ad-
dressing the concerns being expressed. Ways to accomplish this include
(1) arranging meetings with individuals and community groups where spe-
cific questions can be addressed and (2) using focus groups to identify
concerns. Focus groups can also be used to test the effectiveness of com-
munication messages.
• Second, understand the limits of the information provided under
SARA Title III. Be aware that the magnitude of the reported quantities is
often uncertain and is usually an estimate based on best engineering judg-
ments. More importantly, however, the reports do not address the issue
of exposure; nowhere do they indicate how much, if any, of the released
chemical can be or is likely to be inhaled, absorbed through the skin, or
ingested by individuals in large enough quantities to cause discomfort, ill-
ness, or other adverse effects. Dilution, degradation, and chemical inter-
actions affect the concentration of substances as they move through the
air, water, or soil and are fundamental to understanding the ultimate ef-
fects on humans and the environment. Such information, however, will not
be routinely available.
• Third, even if it is determined that people are being exposed to
chemicals, the health effects of exposure to low concentrations of many
chemicals or mixtures of chemicals is uncertain because toxicology is still
an evolving field of science. Nevertheless, many health effects are not
known to occur or are not expected to occur below certain low exposure
levels. Unfortunately, some other effects, especially cancer, may be a con-
sequence of exposure to some chemicals at any level. In all cases, citizens
-------
should be informed about the potential likelihood of harm and about the
likely severity of that harm.
For some carcinogens, even small concentrations cannot be designated
as either "safe" or "not safe." For exposure to these substances, the risk
from a particular chemical exposure can be discussed in terms of a range.
The range has an upper limit of "it is probably not more risky than ..."
and a lower limit of "possibly posing some risk, but one that is very low."
Also, note that variation in some factors, such as routes of exposure (e.g.,
inhalation or ingestion), diet, lifestyle, and an individual's age and health,
may magnify the uncertainty about the effects of a particular dose of a
chemical.
Despite the fact that annual release reports provide incomplete informa-
tion for making public health and risk assessment decisions and our knowl-
edge of toxicity is still evolving, the release data provide some information
that was not available previously. As a local public health official, you will
be asked to put this information into a framework that will make sense to
the public.
To start, we offer a few definitions and basic principles of chemical risk
that may help you address the concerns of your community.
Understanding Chemical Risk
A chemical risk involves the toxicity of a substance and the exposure to
it. The toxic potential of chemicals vary—some are very toxic, but others
are essentially nontoxic at levels typically encountered in the environment.
Actual levels of exposure vary and depend on many factors. The risk itself
is a probability; it is not something that is guaranteed to happen. An exam-
ple of a chemical risk is the probability of developing lung cancer from
smoking cigarettes. This example is one of only a few cases accepted by
the majority of the scientific community to have a clear cause-and-effect
relationship for humans. Yet, even in this case, scientists are unable to say
unequivocally that any specific smoker will develop lung cancer. They can
say only that the smoker's risk (probability) of developing lung cancer is
increased and that it is increased by a certain degree.
Many chemical exposures, including low-level environmental exposures,
entail some risk, but the ability to calculate that risk is far more limited
than in the case of smoking, which is a known high risk exposure. Both
variables in the risk equation for chemicals released into the environ-
ment—toxicity and exposure—are based on assumptions that carry vary-
ing degrees of uncertainty.
Predicting Chemical Toxicity
The fundamental question of any chemical risk assessment is whether a
chemical substance will reach a target (e.g., a person) in a large enough
concentration to cause damage. The extent of the damage is an indication
of the chemical's toxicity at a specific concentration. Toxicity is the prop-
erty of a substance to cause harm when it comes in contact with a living
organism (e.g., via ingestion, inhalation, or absorption through the skin).
-------
The specific type of damage can be influenced by the dose and route of
exposure and the often idiosyncratic attributes of an individual's body to
resist or to break down the substance. No chemical (whether natural or
synthetic) is free of toxitity; at a high enough concentration, all substances
exhibit toxic characteristics. The health effects associated with toxic
chemicals are usually categorized as either acute (symptoms appear soon
after exposure, such as skin burns) or chronic (symptoms appear long
after exposure, such as cancer).
Techniques most commonly used to learn about chemical toxicities in-
clude: (1) clinical studies; (2) epidemiological studies, which are studies of
the incidence and distribution of disease in humans; (3) animal studies; (4)
test tube studies (in vitro or short-term tests); and (5) structure-activity
relationships, which are based on the principle that chemicals with similar
structures may have similar toxic properties. Each type of study has limi-
tations associated with it. For example, in animal studies, the chemical is
usually administered in large doses, which raises doubts in the minds of
some scientists as to the accuracy and usefulness of these experiments
for predicting effects at much lower exposures. Because epidemiological
studies are not available in most cases, scientists, in making predictions
for human risks, must rely on extrapolating the toxicity of a chemical in
test animals to the potential toxicity in humans. At every step along the
way, assumptions are made, each having inherent uncertainties that define
the limitations of predicting human toxicity. To account for these uncer-
tainties, margins of safety are incorporated when government agencies
establish "safe dose" or "toxic dose" levels.
Predicting Chemical Exposure
Determining human exposure to a chemical is also based on assump-
tions and estimates and is fraught with uncertainties. First, the chemical
must get from the source of the emission to the target (e.g., human
body). During transport, it could be diluted into large volumes of air or
water, retained in soil, or broken down by sunlight or other environmental
agents. The substance also may accumulate or concentrate in animal tis-
sues and expose humans through the food chain, or it may interact with
other chemicals or break down into more toxic byproducts. Once the
chemical reaches the body, it can be absorbed by body fluids and tissue.
The eventual amount in the body is sometimes called the "dose". Ce-
termining the route (or routes) of entry into the body—dermal (skin con-
tact), oral (ingestion), or inhalation (breathing)—and the fate of the chemi-
cal within the body are critical in estimating human responses. Many
changes may occur to a chemical after entering the body and before reach-
ing an organ or tissue, where it may cause an effect.
Important variables in assessing human dose are the magnitude, dura-
tion, and frequency of exposure—elements that are often difficult to deter-
mine. For example, the data required under Section 313 are in amounts or
volumes of annual emissions. These numbers do not address the quanti-
-------
ties emitted per day or whether releases are continuous or intermittent.
Therefore, when attempting to interpret the numbers' significance, it is
important to maintain a frame of reference that takes into account dilution,
concentration, exposure, effects at various dose levels, and combined ef-
fects from multiple sources and chemicals.
Public Perceptions of Risk
The previous sections focused on some of the scientific issues involved
in estimating risk from exposure to chemicals released into the environ-
ment. This information, the product of "risk assessment," serves as just
one part of the equation used to answer the question, "Is the risk accept-
able to me?" Determining the acceptability of a risk is not a scientific
decision. Instead, it is a societal decision and a personal decision based on
various value judgments and influenced to a great extent by perception of
risk.
When communicating about chemical risks, various social and psycho-
logical perception factors should be taken into consideration. These fac-
tors must be addressed when discussions of "acceptable risk" arise. Keep
in mind that "perceptions" should not be treated as either "right" or
"wrong." However formulated, they are what individuals believe and use
to understand the world around them. If the perceptions appear to be
based on inaccurate information, then an effective risk communicator at-
tempts to present accurate information in a frame of reference that can be
understood by the individuals.
Several factors, including voluntariness, controllability, benefits, alterna-
tives, familiarity, and fairness, have been identified by researchers as influ-
encing public perceptions—and therefore acceptability—of risk. In general,
a risk that is undertaken voluntarily is more acceptable than one that is
imposed; a risk over which individuals have control is more acceptable
than one beyond their control. Similarly, risks associated with clear, desir-
able benefits are more acceptable than those that are not; and risks that
are distributed fairly are more acceptable than those that are not.
The magnitude and nature of the risk (determined scientifically) alone
do not determine acceptability. Therefore, caution should be used when
attempting to compare risks. Just because a certain risk is smaller in mag-
nitude than another risk does not necessarily mean it will, or should, be
more acceptable than that risk. In addition, these factors actually influence
the perception of the magnitude of the risk. It is important to identify
those factors in your community that are of particular concern and that
may affect how individuals perceive chemically related risks.
If risk perception factors are applied to the potential risks from expo-
sure to chemicals released by facilities, most of the risks will be viewed by
the public as involuntary, uncontrollable, and unfair. For example, some
individuals may feel that they personally are bearing the risks posed by the
chemical emissions (by living in the area) but are not receiving any bene-
fits (e.g., they are not employed by the facility).
-------
FACTORS IMPORTANT IN RISK PERCEPTION
AND EVALUATION
Facto-
H Catastrophic
potential
Familiarity
Understanding
Uncertainty
Controllability
(personal)
Voluntariness of
exposure
Effects on
children
Effects
manifestation
Effects on future
generations
Victim identity
Dread
Trust in
institutions
Media attention
Accident history
Equity
Benefits
Reversibility
Origin
Conditions Associated with Conditions Associated with
Increased Public Concern Decreased Public Concern
Facilities and injuries
grouped in time and space
Unfamiliar
Mechanisms or process
not understood
Risk scientifically
unknown or uncertain
Uncontrollable
Involuntary
Children specifically
at risk
Delayed effects
Risk to future
generations
Identifiable victims
Effects dreaded
Lack of trust in responsible
institutions
Much media attention
Major and sometimes
minor accidents
Inequitable distribution of
risks and benefits
Unclear benefits
Effects irreversible
Caused by human actions
or failures
Facilities and injuries
scattered and random
Familiar
Mechanisms or process
understood
Risk known to science
Controllable
Voluntary
Children not
specifically at risk
Immediate effects
No risk to future
generations
Statistical victims
Effects not dreaded
Trust in responsible
institutions
Little media attention
No major or minor
accidents
Equitable distribution
of risks and benefits
Clear benefits
Effects reversible
Caused by acts of
nature or God
Source: Covello, V.T., Sandman, RM., and Slovic, E, "Risk Communication,
Risk Statistics, and Risk Comparisons: A Manual for Plant Managers",
Chemical Manufacturers Association, Washington, DC, 1988, p. 54.
-------
What Does it All Mean?
If a chemical's toxicity and exposure can be estimated, the risk of those
toxic effects can be estimated. Thus, chemical risk assessment is an at-
tempt to identify in a qualitative sense, and then to quantify scientifically,
the risk associated with a given exposure.
According to the "threshold theory" of toxicity, a toxic substance must
be present in an organism at some "threshold" concentration before any
toxic effects are evident. Below this concentration, no such effects are
observed. Threshold theories are generally accepted for most kinds of
toxic effects, but not for cancer. Until the mechanisms of carcinogenesis
are understood more completely, there will be wide differences of opinion
among scientists as to whether the "threshold theory" can be applied to
carcinogens. However, many scientists and regulators agree that for most
carcinogens thresholds do not exist. Thus, any amount of exposure to a
carcinogen may pose a risk.
Risk assessment may provide information about the degree of risk but
not whether the chemical is "safe". Safety is a qualitative judgment of the
acceptability of a risk. Whether a risk is acceptable to an individual or to a
society is determined by evaluating additional factors such as personal
preferences, perceived benefits, and costs associated with alternatives or
elimination. Risk management decisions involve value judgments that inte-
grate social, economic, and political concerns with scientific risk assess-
ment. Risk management is a method to reach a societal decision and to
draw the line to determine an allowable level of risk.
Essentially, risk assessment and risk management are processes used
by government agencies to determine what levels of emissions are allowa-
ble. These same processes may help individuals evaluate the possible im-
pacts of chemical emissions upon their communities.
Use of Government Information to Determine and
Explain Chemical Risk
• Proper use of the Toxic Chemical Release Form
The Toxic Chemical Release Form (referred to as the "R" form under
Section 313) contains many data. However, the information may be mean-
ingless and confusing without the proper framework for interpretation.
This information about annual chemical releases is only a starting point for
obtaining the detailed information needed for a risk assessment. There-
fore, it is important to become familiar with the nature of the data submit-
ted. Some of the major aspects of the release reporting data follow:
1. Quantity data are approximate
The amounts of chemicals stated are calculated release estimates. Title
III does not require measurements to be made. In addition, these data are
being reported as annual emissions. In order to estimate risk, you also
would need to know release rates and their timing. However, the informa-
tion provided is useful in identifying sources and approximate amounts of
chemical releases.
8
-------
2. Exposure and toxicity estimates need to consider the particular
form of the emitted substance
The name and amount of the released substance is not enough to deter-
mine the dose and possible toxicity. Toxicity and exposure may vary de-
pending on whether a chemical is released as a gas, aerosol, or particu-
late. Additional information—such as with what substance(s) the chemical
is combined or is in the presence of, or in the case of a metal, its "oxida-
tion state" (i.e., the particular chemical form of the metal)—is critical for
determining potential exposure and toxicity.
3. Chemicals may be released into different media
Chemicals behave differently depending on the media (air, water, or soil)
into which they are released. If the chemical is released into the air, it is
important to know such factors as the concentration of the chemical emis-
sion, the stack height, the prevailing wind direction, and local meteorol-
ogy. For a release into water, the initial chemical concentration, the flow
rate (if a river), and dilution factor are just some of the factors necessary
for estimating exposure to downstream residents. For all releases, it is
important to know their frequency and duration.
Exposure estimates must take into account the potential exposures to
individuals in a community from all possible routes (e.g., drinking water,
air, contaminated soil, and surface water) and all possible sources. Expo-
sure can vary widely according to the daily behavior of individuals, wind
direction, and the magnitude of the releases. With respect to possible
exposure in the community, it is desirable to consult with a plant manager
or with knowledgeable state or federal environmental agency officials be-
fore you attempt to draw conclusions from the data.
4. Trade secret provisions may limit information disclosure
If a health professional must know the specific chemical identity of a
substance in order to diagnose or treat an exposed individual, then that
chemical identity must be made available, even if it is a trade secret.
If it is not an emergency medical situation, then written confidentiality
agreements must be signed in advance by the health professional to pre-
vent further disclosure of trade secrets. If it is an emergency situation,
then the signing of the confidentiality agreement can be delayed until
emergency circumstances are controlled.
Moreover, local government health officials may request such informa-
tion to assess potential degree and impact of exposure to the community.
In all cases, a written statement must be prepared by the health profes-
sional explaining why the precise identity is needed and the use to which
this information will be put. Note that trade secret information allowed
under this rule can be of utmost value to a corporation, and unauthorized
disclosure can be penalized harshly.
The federal Occupational Safety and Health Administration (OSHA) also
has provisions for the health professional to obtain necessary chemical
identity information.
-------
• Personal risk situations must be evaluated
The public and its elected officials are often interested in studies to
determine if exposures to chemicals are creating adverse affects among
the population. A complicating factor when considering possible effects
from a release is that some symptoms of additional chemical burden are
the same as effects caused by other conditions, such as stress and infec-
tions. This situation makes it difficult to determine what really causes a
health effect. The following conditions may be useful to your understand-
ing of whether a potential problem exists:
—Sensitivity to a chemical (e.g., pesticides or cleaning solvents) could
occur in some individuals even at relatively low exposures. Chemical sen-
sitivities may be characterized by headaches, nausea, inability to concen-
trate, fatigue, irritations, or rashes.
—If an individual complains of symptoms, obtain as much information as
possible about both the intensity and duration of exposure, then compare
those to the exposures that are associated with the adverse effects of the
chemicals. Also, check for exposures to other biological and chemical
agents, especially indoor exposures. These tasks of making comparisons
and obtaining information are difficult, time consuming, and will probably
involve consultation with other experts.
—People who work or play outdoors near a release site and sleep with
their windows open might receive more exposure. People who eat fish
from a stream into which a persistent chemical is released might receive
higher exposure to that chemical.
—Elderly people, people with diseases, pregnant women, and young chil-
dren are among the groups of people who might be more susceptible to
chemical exposure than an otherwise healthy young adult. Children who
play outdoors during the period of chemical releases into the air or into
streams that receive chemical discharges might absorb a cumulative dose
higher than others in the neighborhood. That dose could have a greater
toxic effect on children because they have lower body weights than adults.
Also, those with poor diets or smoking habits would be more susceptible.
If you have determined that a problem does exist and have identified a
group of exposed individuals with similar symptoms, immediately notify
your state health department and the federal Agency for Toxic Substances
and Disease Registry at 404/488-4100.
• Government standards will vary
When determining the potential risk from a suspected exposure to a
chemical, it may be possible to refer to existing government standards. Be
very careful when doing this, however, because each standard is prepared
for a specific purpose, which may be quite different from the risk that you
are being asked to explain.
The national standards for the maximum level of certain chemicals in
drinking water are based on the exposure received by an adult drinking
two liters of that water per day for seventy years. However, the standards
10
-------
TOXIC CHEMICAL RELEASE
INVENTORY REPORTING FORM
EPA FORM R
(Outline)
Part I. Facility Identification Information
Part II. Off-Site Locations to Which Toxic Chemicals are Transferred
in Wastes
Part HI. Chemical Specific Information
1. Chemical identity
2. Mixture component identity
3. Activities and uses of the chemical at the facility
4. Maximum amount of the chemical on site at any time during the
calendar year
5. Releases of the chemical to the environment
6. Transfers of the chemical in waste to off-site locations
7. Waste treatment methods and efficiency
8. Optional information on waste minimization
Part IV. Supplemental Information
(The "Toxic Chemical" list is found in 40 CFR 372.65)
also take into account the cost of treatment to further reduce the concen-
tration of those chemicals in the water, and make assumptions about
where else in the diet or in the air the average person would receive a
dose of the chemical in question. For some people, there may be no
"safe" dose of a particular contaminant in their drinking water because
they have already been exposed from other sources in their life; for oth-
ers, the "safe" dose from drinking water actually may be higher than the
federal standard. It is difficult to apply a standard to all individuals because
of these built-in underlying assumptions.
11
-------
It is possible to apply safety factors, which account for more sensitive
populations and longer term exposures, to workplace exposure standards
to generate another guideline for estimating "safe" doses. However,
these "safe" doses assume healthy workers, intermittent peak expo-
sures, and constant lower level exposures for a lifetime. Moreover, these
exposures are voluntarily accepted for the benefit of having a job. In gen-
eral, the values show the orders of magnitude of chemical exposure that
would be of concern in the workplace environment. This information may
or may not be directly relevant to the neighbors living near the plant.
EPA guideline documents and rules are based on conservative assump-
tions and calculations, and incorporate safety factors to cover the technical
uncertainties always present in risk assessment. Understanding how a
federal guideline was developed may help in providing advice about associ-
ated risks.
• Be careful with regulatory terms
Be cautious about the natural impression created by regulatory terms
such as "toxic" and "hazardous." Frequently, they do not have a direct
relationship to the public health or safety impact. For instance, explosives
are missing from the SARA "extremely hazardous substances" list. The
absence of these substances does not mean that they are not extremely
hazardous from a public safety perspective; rather, it means that at this
point in time and for the purpose of the list, explosives are not regulated
as an "extremely hazardous substance" under Title III. On the other
hand, ingots of solid copper for use in manufacturing, which many people
would not think of as particularly hazardous, are on the list of "toxic
chemicals." Good reasons exist for placing certain substances on particu-
lar lists, but the average person could read more into a list's title than
what is warranted.
12
-------
III. Guidelines For Communicating
About Risks
Communicating about health and environmental risks has become con-
siderably more difficult than it used to be. As Lee Thomas, EPA Adminis-
trator, said at a recent conference:
"We will never return to the days when we were content to let people in white
coats make soothing noises. Citizens must share directly in decisions that
affect them, and we must ensure that they do so with a fuller understanding
of the inevitable trade-offs involved in the management of risk."*
A recent review of the literature on risk communicationf identified a
long list of problems or obstacles that may complicate communication be-
tween decisionmakers and experts on the one hand, and the public on the
other. Many of these risk communication problems or obstacles may be
applicable to your community. In particular, problems may arise from the
following sources:
• Lack of data that addresses the specific fears and concerns of indi-
vidual communities. Industrial facilities must report emissions in tons
per year. Additional information on toxicity, exposure, and release
patterns over different time periods are necessary for constructive
dialogue and to pinpoint those releases that require attention. Be-
cause environmental exposure standards exist for only a few of the
chemicals reported, it often will be difficult to respond to concerns
about safety.
• Multiple and conflicting interpretations of the emissions data. The
absence of additional information also will lead to speculations from
various sources about the significance of the reported emissions.
These speculations may be conflicting or inconsistent; thus, people
may be unsure of whom or what to believe.
'Risk Communication, Proceedings of the National Conference on Risk Communica-
tion, J. Clarence Davies, Vincent T. Covello, and Frederick W. Allen (eds.), The Con-
servation Foundation, 1987.
t"Communicating Scientific Information about Health and Environmental Risks," Vin-
cent T. Covello, Detlof Von Winterfeldt, and Paul Slovic, in Risk Communication, Pro-
ceedings of the National Conference on Risk Communication, The Conservation Foun-
dation, 1987.
13
-------
• Use of the terms "hazardous" and "toxic." These terms will be
used in media reports and elsewhere to identify the class of regulated
chemicals for which emissions reports must be filed. Inappropriate
use of these terms in a public context (i.e., interchanging the regula-
tory meaning for the safety and health meaning and vice versa) may
influence public perceptions of the magnitude of the risk and make
explanations based on principles of risk assessment seem less credi-
ble or confusing.
• Desire for absolute answers and reluctance to change strongly held
beliefs. People generally prefer certainty and may have difficulty accept-
ing probabilistic or highly uncertain information, particularly if it con-
flicts with fundamental convictions or strong beliefs.
• Limited governmental authority for reducing risk. Title III does not
provide government officials with any special authority to take risk-re-
duction actions in response to Section 313 release reports. Officials
may have difficulty responding to public concerns or media questions
about what can be done.
• Limited understanding of the interests, concerns, fears, values, priori-
ties, perceptions, and preferences of individual citizens and public
groups. Not knowing the questions and interests of the public can com-
plicate the risk communication process.
• Selective and biased media reporting. The media may tend to empha-
size disagreements and conflict, and oversimplify or distort technical
information. Reporters are more interested in the event that has hap-
pened, not necessarily the difficult determination of how risky it actually
is.
• Public apathy or outrage. In some communities, the public may lack
interest in emissions or may be overconfident in its ability to avoid
harm, making communication difficult. In other communities, communi-
cation may be similarly complicated by public outrage about emissions
or a general distrust of industry.
No simple approach exists to avoid these problems and to ensure effec-
tive risk communication. People who have studied risk and communication,
however, have generated several rules or guidelines, listed below, that will
aid you in your dealings with the public.* Although these guidelines may
seem obvious, they are often violated in practice. As a result, the oppor-
tunities presented by Title III may be missed.
1. Accept and Involve The Public as a Legitimate Partner
A basic tenet of risk communication in a democracy is that people and
communities have a right to participate in decisions that affect their lives,
their property, and the things they value. The goal of risk communication
* Seven Cardinal Rules of Risk Communication, Vincent T. Covello and Frederick Al-
len, Office of Policy Analysis, U.S. Environmental Protection Agency, 1988.
14
-------
should be to produce an informed public that is involved, interested, rea-
sonable, thoughtful, solution-oriented, and collaborative. The goal should
never be to manipulate the public into accepting decisions that have al-
ready been made or to avoid action. Time is needed for hearing concerns,
generating alternatives and solutions, and for making decisions.
In practice, accepting the public as a partner in a dialogue about chemi-
cal emissions means that industry officials and community leaders must
recognize that
• the information about exposures and toxicity provides a useful, if lim-
ited basis for evaluating the risks;
• the acceptability of the reported emissions is a separate issue from
the estimated magnitude of the risk; and
• the acceptability of the risks associated with the emissions is a value
judgment that must consider the perceptions and values of the com-
munity, not just the values of the experts and the decisionmakers.
Involving the public as a legitimate partner means involving all parties
with an interest or stake in the issue and in the decision making process to
determine acceptable emission levels.
2. Listen to Your Audience
Communication is a two-way activity. If people perceive that you are not
listening to them, they will not listen to you or trust what you have to say.
Do not make assumptions about what people know, think, or want done
about risks. People are often more interested in the social and psychologi-
cal dimensions of risks (e.g., voluntariness and controllability) and in the
trustworthiness, competence, and credibility of industry officials and com-
munity leaders than they are interested in the quantitative aspects of risk.
Exercising leadership means taking the time to determine what people
are thinking. By meeting with individuals and groups in your community,
you can begin to identify those who care about the issue of chemical emis-
sions and to learn about their concerns, fears, perceptions, priorities, and
preferences. You also may begin to recognize hidden agendas, symbolic
meanings, and broader economic or political considerations that often un-
derlie and complicate risk communication.
3. Assess and Nurture Your Credibility
Studies of risk communication repeatedly emphasize the credibility of
the source of risk information as one of the most—if not the most—impor-
tant factor in effective risk communication. Representatives of govern-
ment agencies or industries that are not trusted or that are perceived as
insincere are unlikely to communicate effectively even if they do every-
thing else well.
Credibility is difficult to earn, easy to lose, and, once lost, almost impos-
sible to regain. The most effective way to earn and nurture your credibil-
ity is to ensure that you follow up your words with concrete actions. Fail-
ing to deliver on promises or commitments is the quickest way to lose
credibility.
15
-------
4. Plan Carefully Before Communicating, and Evaluate Your
Performance
Successful risk communication cannot and will not occur without plan-
ning. Develop clear and explicit objectives that are consistent with the
overall goal of risk communication. Remember that there is no such entity
as "the public"; there are many publics, each with its own interests,
needs, concerns, priorities, perceptions, and preferences. Different objec-
tives, audiences, and media channels may require different communica-
tions strategies. Target your communications to specific audiences, if pos-
sible. Carefully evaluate your efforts and learn from past mistakes.
5. Be Honest, Frank, and Open
Honesty and sincerity are important for building and preserving trust
and credibility. When communicating with the public and the media, state
your credentials, but do not expect to be trusted. If you are asked a
question but do not know or are uncertain about the answer, admit your
ignorance or uncertainty. Admit your mistakes. Get back to people with
answers. If in doubt, share more information, not less, because people
often interpret hesitation to discuss a subject as trying to hide something.
Discuss openly the strengths, limitations, and uncertainties in data and
assumptions, including the judgments of other credible sources.
6. Speak Clearly and with Compassion
Technical language and jargon are useful as professional shorthand, but
can pose substantial barriers to risk communication. People can under-
stand even complex scientific subjects if they are explained in clear, every-
day language. Use of scientific jargon is confusing to most people and may
erode the trust of a general audience. Instead, use simple, nontechnical
language, illustrated by examples or concrete images to which people can
respond on a personal level.
In addition, when communicating with the public, it is particularly impor-
tant to acknowledge and respond (verbally and through your actions) to
emotions people may express. Avoid distant, abstract, unfeeling language
about deaths, injuries, and illnesses; never let efforts to inform people
about risks prevent you from acknowledging (and saying) that any illness,
injury, or death is a tragedy. Also, acknowledge and respond to the quali-
tative dimensions of risk (e.g., equity and catastrophic potential) that peo-
ple consider important. Avoid comparing unfamiliar risks to familiar ones
unless you are confident that they are similar in all of the dimensions
people consider important.
7. Coordinate and Collaborate with Other Credible Sources
Third-party experts are extremely useful in communicating about risk
because the information is reinforced and the audience does not have to
rely on only one source. Internal coordination within government agencies
can avoid confusion resulting from conflicting messages. Try to coordinate
with other organizations (e.g., other governmental agencies, industry and
16
-------
trade associations, unions, academic institutions, and environmental
groups) that have an interest in chemical emissions. Some conflicts about
interpretation will be unavoidable, of course, but may help illuminate dif-
ferent views of a complex issue.
8. Meet the Needs of the News Media
The media are prime channels for transmitting information about chemi-
cal emissions and potential health effects from exposure to chemicals.
They play a critical role in influencing public perceptions of hazards. In
addition, they are often more interested in simplicity than complexity,
which can be helpful if done objectively.
Meeting the needs of the media means being open and accessible to
reporters and respecting their time and space constraints. You can help
reporters by providing information tailored to the needs of their specific
media (e.g., visual images or graphics for television) and offering back-
ground information on risk issues that are difficult for nontechnical people
to understand. Try to establish longstanding relationships with reporters
and editors in your community and do not be afraid to follow up on stories
with praise or constructive criticism, as warranted.
These guidelines may help you facilitate a more constructive dialogue in
your community about chemical emissions reported under SARA Title III,
Section 313. However, these guidelines cannot guarantee success and
must be tempered by good judgment and intimate knowledge of the local
community.
Remember that the goal of risk communication is not to stifle disagree-
ments, but to expose them and try to resolve them. No matter how well
you communicate risk information, however, some people will not be satis-
fied. Their dissatisfaction may stem from a broader political, economic, or
social agenda. For instance, some people in the community who have ben-
efitted economically from a chemical plant may object to any discussion of
risk. Others who are ill and searching for the cause of an illness may
conclude that chemical releases are responsible for their diseases whether
or not information is available that supports a casual link between specific
chemicals and specific diseases. Dissatisfaction may also stem from_sin-
cere disagreements about the interpretation of facts, about assumptions
made in evaluating risks, or about values.
17
-------
IV Preparing For Community
Interest
The Emergency Planning and Community Right-To-Know Act presents a
new challenge to those involved in public health and safety. Individuals will
turn to local public health officials, physicians, environmental profession-
als, college professors, and others in the health and safety arena to explain
the significance of reported chemical releases and possible exposure to
these emissions.
The questions are likely to cover subjects as diverse as the possible
impacts on the community's long-term health, the possible effects on
property values, and what actions government might take. Responding to
these questions will be complicated by limited information on toxicity, ex-
posure, and the likelihood of a health impact.
Inquiries will often center on how people will be affected personally by
exposure to chemical emissions. However, environmental impacts are of
increasing concern. Most people may not focus on general scientific issues
or the probabilities of events occurring. Instead, they may want absolute
Photo courtesy of the Chemical Manufacturers Association
18
-------
statements that something either will or will not occur to them, to people
they know, or to their community. Lack of knowledge about the cumulative
impact of exposure to many different chemical emissions complicates the
problem. Data may be available for each of the chemicals of local concern,
but data will rarely be available on the possible combined impact of expo-
sure to all of the chemicals.
Section 313 of SARA requires EPA to make the emissions data generally
available to the public. Until the Toxic Release Inventory (TRI) database
becomes available, copies of individual forms are available from the U.S.
Environmental Protection Agency, P.O. Box 70266, Washington, DC
20024-0266. ATTN: TRI Public Inquiry. The name and address of the
facility should be included when requesting a completed TRI form.
Government, industry, and other leaders will have to respond to the
implications of the TRI information. The data will be based on calculated
release estimates, not on actual measurements of releases. No analysis or
interpretation of the data will be made by the Agency or any other organi-
zation prior to its release to the public. Except for obvious errors, EPA
will not be able to perform extensive quality control before the data are
released. TRI data will, however, provide a starting point for determining
exposures and identifying potential problems. Individuals such as you who
must respond to the public's questions will have to prepare carefully.
1. Identify Chemicals In Your Community
The first step in preparing for the public's reaction to information on
chemical emissions is to gather data on the substances that are likely to be
of concern. One of the most important steps in gathering information is to
establish contact with local companies that report emissions data. Many of
these firms are prepared to respond to the public's questions and may
already have had extensive interactions with the local community on this
subject. They will have data on the chemicals, including possible health
impacts, and may know the route of human exposure to the chemical
emissions. At least initially, however, note that compliance with reporting
requirements may very likely be inconsistent from community to commu-
nity.
A local plant may not have all the information needed to evaluate the
potential impact of the chemical exposures. However, the plant manager
should be able to identify the individual in the company who would be able
to provide this information. Larger companies also may have booklets,
information sheets, videotapes, and other materials that will help explain
the potential risk.
2. Obtain Technical Data and Interpretation
The next step in the preparation process is to obtain additional technical
information on the chemicals reported. (Sources of information on chemi-
cal toxicity, exposure, and health effects are listed at the end of this hand-
book.) For some chemicals, information on chemical toxicity is available in
19
-------
the Material Safety Data Sheets (MSDS) that companies have filed with
the Local Emergency Planning Committee, the State Emergency Re-
sponse Commission, and with local fire departments. Another source of
information is the Hazardous Substances Data Bank (HSDB) available
through TOXNET, an on-line database at the National Library of Medicine.
HSDB focuses on the toxicology of potentially hazardous chemicals, with
data grouped into classes of information such as emergency handling pro-
cedures, environmental fate, human exposure, detection methods, and
regulatory requirements. HSDB is fully peer reviewed.
As mentioned before, the State Emergency Response Commission and
the Local Emergency Planning Committee will have some information on
chemicals used and stored locally. They also will be able to offer guidance
on when and how information on chemical emissions will be made available
to the public and the news media. The hundreds or thousands of reports
that companies must file may take months to sort and organize in a mean-
ingful way. Thus, early releases of information and questions may be
based on incomplete data.
Other sources of information and guidance include:
• The state environmental protection department
• The state health department
• EPA and EPA's regional offices responsible for Title III compliance
information
• The Agency for Toxic Substances and Disease Registry in Atlanta,
GA
• The Centers for Disease Control-Center for Environmental Health
and Disease Control
• Industry trade associations
• Scientific, engineering, and health professional organizations, includ-
ing the ACS
• Environmental organizations
• Labor unions
• Universities and colleges
Knowledgeable individuals from a variety of backgrounds such as gov-
ernment, industry, universities, environmental organizations, and profes-
sional associations will prove very helpful in evaluating and explaining the
meaning of emissions data. Identifying and working with some individuals
before the data become widely available will provide a head start on meet-
ing the public's concern. These individuals can provide advice on the
meaning of exposure to chemical emissions and discuss the issue with the
news media and interested citizen groups. The local sections of the ACS
will be able to help in this effort (see Section V, Resources).
Close coordination among the individuals and groups involved in this pro-
gram is vital to its success. Nothing is more confusing and disruptive than
contradictory statements among supposedly knowledgeable experts. A
joint plan of action can help ensure that the public understands the infor-
20
-------
mation released on chemical emissions. Nevertheless, it is to be expected
that the public will hear more than one assessment. The risk communica-
tor has to be prepared to listen to all assessments and to explain support
for one or more of them.
3. Identify Perceptions and Concerns Of Your Community
Knowing the technical information (toxicity and exposure) about the
chemicals reported and being able to relate those to possible effects on
human health is only one part of your responsibility as a risk communica-
tor. You also must know the publics with whom you are dealing. In prepar-
ing for the public's interest in the emissions data, it is important to deter-
mine the existing perceptions and concerns of individuals and groups in
your community. Take advantage of opportunities to meet informally with
community groups and individuals. Factors specific to your community also
are important to identify, such as whether there has been a history of
chemically related accidents at local facilities.
4. Identify Potential Questions
Another important step is to identify the types of questions, once again
specific to your community, that might be asked. Although you cannot
anticipate all questions that may arise, giving prior thought to the most
likely ones will allow you to prepare thoughtful, understandable responses.
The following is a list of sample questions that may be raised:
• Will this cause cancer?
• Will my children be born deformed?
• Are these emissions hurting me or my family?
• What effect will combinations of chemicals have on my health?
• Is it safe for me to breathe the air?
• Why can't these emissions be stopped entirely?
• Are emission levels going to be decreased in the future? When?
• What will the government do about this?
• Why didn't you tell me this before?
• Is there an emergency plan for our town?
• Where are these hazardous chemicals located? How close are they to
my home?
• How often do leaks, spills, or accidents occur?
• Are the rivers and ground water being polluted?
Careful preparation is the key to successful communication.
21
-------
How 1b Prepare For Community Interest
Step 1: Identify the chemicals in your community most
likely to be of concern. Contact plant managers
to find out what emissions data local manufac-
turers are reporting.
Step 2: Obtain additional toxicity and exposure informa-
tion on these reported chemicals, including infor-
mation on any associated risks. Of particular im-
portance is interpreting the significance of this
technical information to personal health.
Step 3: Identify the perceptions and concerns of individ-
uals in your community. If possible, assess your
community's "chemical risk" awareness with
some type of baseline study. Influencing factors
may include whether or not a Superfund site is
present, for example. It is important that you
know the public with whom you are dealing.
Step 4: Determine the types of questions, specific to your
community, that you might be asked, such as "Is
it safe to drink my water?**
22
-------
V. Resources
This section lists various materials and services that may serve as use-
ful references. Resources for SARA Title III and risk communication are
becoming more plentiful. The following list is far from comprehensive;
however, it provides a starting point for further study of these important
issues. Those publications that can be obtained free of charge—while the
respective supply lasts—are so noted.
Literature
Chemical Risk: A Primer, Susan Moses, 1984. American Chemical So-
ciety, Department of Government Relations and Science Policy, 1155 16th
Street, NW, Washington, DC 20036. This information pamphlet for nonsci-
entists focuses on scientific issues involved in determining the health risks
arising from exposure to chemicals. Discusses public perceptions of risk.
(Single copies are free.)
Chemicals in the Community: Methods to Evaluate Airborne Chemical
Levels, 1988. Chemical Manufacturers Association, 2501 M Street, NW,
Washington, DC 20037. This document identifies methods used to evalu-
ate emission levels of airborne chemicals in the community. The intended
user is the health professional who can judge the most appropriate ap-
proach and can evaluate the available data.
Directory of State and Territorial Environmental Health Services, 1987.
Public Health Foundation, Environmental Health Program, 1220 L Street,
NW, Suite 350, Washington, DC 20005. Functional area listings are given
for each state. This directory is updated annually and sent to each state
health department.
Effective Risk Communication: The Role and Responsibility of Govern-
ment and Nongovernment Organizations, Vincent T. Covello, David B. Mc-
Callum, and Maria Pavlova, 1988. Proceedings of the Workshop on the
Role of Government in Health Risk Communication and Public Education.
Plenum Press, 233 Spring Street, New York, NY 10013. This publication
was sponsored by the Interagency Task Force on Environmental Cancer
and Heart and Lung Disease.
"The Emergence of Risk Communication Studies: Social and Political
Context", Alonzo Plough and Sheldon Krimsky, Science, Technology and
Human Values, Summer/Fall 1987, Vol. 12, Issues 3 & 4, 4-10.
Environmental Hazards: Communicating Risks as a Social Process,
23
-------
Sheldon Krimsky and Alonzo Plough, 1988. Auburn House Publishing Co.,
14 Dedham St., Dover, MA 02030-0658. 800/223-BOOK. Technical risk
assessment and the public's perception of risk are often in conflict. Risk
communication has become a key element of the risk management proc-
ess. This book offers a framework for understanding risk communication
of environmental hazards.
Explaining Environmental Risk, Peter Sandman, 1986. Office of Toxic
Substances, TSCA Assistance Office, U.S. EPA, Washington, DC 20460.
This publication presents some notes on environmental risk communica-
tion dealing with the public and with the media. The premise is that risk
communication must become an integral part of risk management, not just
a public relations tool. (Free)
Formula for Safety: Making Communities Safer from Chemical Hazards,
Janice M. Adkins, 1988. Atlantic Information Services, 1050 17th Street,
NW, Suite 480, Washington, DC 20036. This book provides information
about Title III of the 1986 SARA law. It is a tool to assist in developing
community dialogue about chemical safety among citizens, active environ-
mental participants, government leaders, emergency response officials,
and industry.
Hazardous Substance Fad Sheets, New Jersey Department of Health.
Distributed by Section 313 TRI state contacts. Call the U.S. EPA regional
office for the state contact. The fact sheets, originally written for expo-
sures in the workplace, contain valuable information on the health effects
of select chemicals. In some cases, the U.S. EPA is adding attachments
on aquatic toxicity.
Identifying and Regulating Carcinogens, 1987. Superintendent of Docu-
ments, U.S. Government Printing Office, Washington, DC 20402. A spe-
cial report of the U.S. Congress' Office of Technology Assessment.
Improving Dialogue with Communities: A Risk Communication Manual
for Government, Billie Jo Hance, Caron Chess, and Peter M. Sandman,
1988. New Jersey Department of Environmental Protection, Division of
Science and Research, CN409, Trenton, NJ 08625.
Information Resources in Toxicology (2nd edition), Phillip Wexler, 1987.
Elsevier Science Publishing Co., Inc., P.O. Box 1663, Grand Central Sta-
tion, New York, NY 10163-1663. Definitive guide (U.S. and international
resources) to literature, computer files, organizations, and activities in the
field of toxicology.
Public Education on Toxic Substances, An Annotated Bibliography, 1988.
National Technical Information Service, Springfield, VA 22161. 703/487-
4650. This bibliography is part of a program, developed by the U.S. EPA
Office of Toxic Substances, to increase public understanding of toxic sub-
stances and of Title III.
Resource Guide for Environmental Health Risk Assessment, 1986. Public
Health Foundation, Environmental Health Program, Suite 350, 1220 L
Street, NW, Washington, DC 20005. Organizational contact and other re-
source information to aid professionals who assess the public health risk
24
-------
from polluted environments. Includes government resources, private or-
ganizations, computerized resources, and general references.
Risk Assessment, Management, and Communication: A Guide to Se-
lected Sources. U.S. EPA, Office of Information Resource Management
and the Office of Toxic Substances. Initial document was published in
1987, and several updated publications have followed as addenda. Available
in hardcopy and microfiche from the National Technical Information Serv-
ice, Springfield, VA 22161. 703/487-4650.
The Risk Assessment Manual: A Guide to Understanding and Using
Health and Environmental Risk Assessments, Brad Brockbank, John
Cohrsson, and Vincent T. Covello, 1988. Council on Environmental Qual-
ity. A "desk reference" manual on risk assessment techniques for deci-
sion-makers, managers, and citizens.
Risk Assessment and Risk Control, 1985. The Conservation Foundation,
1250 24th Street, NW, Washington, DC 20037. This special issue report
delineates the basic steps in risk assessment and how risk assessment
relates to the larger process of controlling risk.
"Risk Communication: Getting Ready for Right-To-Know", Charles
Elkins, EPA Journal, Vol. 13, No. 9, 23-26. Office of Public Affairs (A-
107), U.S. EPA, Washington, DC 20460.
Risk Communication: Proceedings of the National Conference on Risk
Communication, J. Clarence Davies, Vincent T. Covello, and Frederick W.
Men, Eds., 1987. The Conservation Foundation, 1250 24th Street, NW,
Washington, DC 20037.
Risk Communication, Risk Statistics and Risk Comparisons: A Manual
for Plant Managers, Vincent T. Covello, Peter M. Sandman, and Paul
Slovic, 1988. Publications Inquiry, Chemical Manufacturers Association,
2501 M Street, NW, Washington, DC 20037. Guidelines for explaining
risk-related information and for presenting risk comparisons. This publica-
tion discusses the problems of zero risk and uncertain data.
Seven Cardinal Rules of Risk Communication, Vincent T. Covello and
Frederick Allen, Office of Policy Analysis, U.S. EPA, 1988.
Some Printed Sources for Information on Environmental Health and Tox-
icology and Some Publicly Available Sources of Computerized Information
on Environmental Health and Toxicology. Bibliographies available from
Technical Information Services, CEHIC, Chamblee 27, F-29, Centers for
Disease Control, Atlanta, GA 30333. (Free)
Title III Community Awareness Workbook, 1988. Publications Inquiry,
Chemical Manufacturers Association, 2501 M Street, NW, Washington,
DC 20037. This workbook provides general communications guidance to
chemical industry personnel about community relations, an overview of
the risk communication process, and guidelines for working with the me-
dia.
Toxic Release Inventory Interpretive Documents are available from the
TSCA Assistance Office, US EPA (TS-799), 401 M Street, SW, Washing-
ton, DC 20460. Single copies may be obtained at no cost.
25
-------
—Toxic Chemical Releases and Your Right to Know. A four-page intro-
ductory brochure about the Toxic Release Inventory, intended for
public distribution.
—Questions and Answers About the Emergency Planning and Commu-
nity-Right-to-Know Act and the Toxic Release Inventory for Use by State
and Local Officials. A document intended to assist persons who will
be responding to questions from the public.
—Summary of Regulatory Levels, Standards and Threshold Limit Values
on TRI Chemicals. The tables focus primarily on regulations and
standards which establish risk-based levels of release or exposure for
SARA 313 chemicals.
Toxicological Profiles, 1988. National Technical Information Service,
Springfield, VA 22161. 703/487-4650. Twenty-five reports of chemicals
having the highest priority from a list of 100 hazardous substances listed in
the Federal Register on April 17, 1987, p. 12869. Prepared for the Agency
for Toxic Substances and Disease Registry.
Toxicology: A Primer on Toxicology Principles and Applications, Michael
A. Kamrin, 1988. Lewis Publishers, 121 South Main St., P.O. Drawer
519, Chelsea, MI, 48118. 800/525-7894. Basic toxicology is presented in
a nontechnical style. The strengths and limitations of the discipline are
outlined in this document.
Toxicology for the Citizen, Alice E. Marczewski and Michael Kamrin,
1987. Center for Environmental Toxicology, Michigan State University,
East Lansing, MI 48824. This publication presents basic information about
the principles of toxicology. (Single copies free)
Other Resources
The American Chemical Society. Organized into 182 Local Sections
across the country, members are chemists and chemical engineers who
may be able to help citizens interpret technical data. ACS staff can identify
a scientist in your community. For more information, call 202/872-4391.
Chemical Referral Center, Chemical Manufacturers Association. 800/
CMA-8200 (in the continental U.S.A. and in Hawaii) or 202/887-1315 (call
collect in Alaska or outside the continental U.S.A.). The referral center
assists in obtaining nonemergency health and safety information on chemi-
cals.
Emergency Planning and Community Right-To-Know Information
Hotline, U.S. EPA. Operated between 8:30 a.m.-4:30 p.m. Eastern
Standard Time. 800/535-0202; in Washington, DC and Alaska, 202/479-
2449. The hotline is staffed with technical engineers, whose primary func-
tion is responding to calls from industry and from state emergency re-
sponse commissions about how to comply with Title III.
National Air Toxics Information Clearinghouse, U.S. EPA, Pollutant As-
sessment Branch, MD-13, Research Triangle Park, NC 27711. 919/541-
0850. This clearinghouse serves as the focal point for information ex-
change about air toxics issues between federal, state, and local
26
-------
governments. Clearinghouse information is compiled in a database and dis-
tributed via printout and hardcopy reports. (Free to government agencies
and nonprofit organizations.)
National Pesticide Telecommunications Network. 800/858-7378. This
hotline operates 24 hours a day, 365 days a year. This service provides
pesticide product information, toxicology, safety and health, and environ-
mental effects information about pesticides.
Roadmap to Information on Section 313 Chemicals, 1988. National Tech-
nical Information Service, Springfield, VA 22161. 703/487-4650. A menu-
driven database of sources of information on Section 313 chemicals, pre-
pared by the U.S. EPA Office of Toxic Substances, including health and
environmental effects, federal and state regulations and standards, on-line
databases, documents from the EPA and other sources, and information
on state air and water monitoring and emissions data.
Scientists' Institute for Public Information (SIPI) Media Resource Serv-
ice. SIPI, 355 Lexington Avenue, New York, NY 10017. 800/223-1730 or
212/691-9110 (in New York state). The resource service refers members
of the print and broadcast media to expert scientists, engineers, and phy-
sicians who have agreed to serve as expert sources within their area of
expertise.
Toxicology and Public Health: Understanding Chemical Exposure. Audio-
Visual Resource Center, Media Services Distribution Center, Cornell Uni-
versity, 8 Research Park, Ithaca, NY 14850. This IBM computer program
outlines what you need to know to understand the risk of exposure, kinds
of effects, and problems of understanding cancer risk and birth defects.
TOXNET. Specialized Information Services Division, National Library
of Medicine, 8600 Rockville Pike, Bethesda, MD 20894. 301/496-6531 or
301/496-1131. A computerized search and retrieval system that permits
access to data from numerous sources on potentially toxic or otherwise
hazardous chemicals. After registration with MEDLARS, access to the
system is provided on a fee-for-service basis.
27
-------
SECTION 313 U.S. EPA REGIONAL CONTACTS
Region 1.
Pesticides & Toxic Substances Branch
U.S. EPA Region 1
APT 2311
JFK Federal Building
Boston, MA 02203
617/565-3273
This region includes Connecticut, Massachu-
setts, Maine, New Hampshire, Rhode Island,
and Vermont.
Region 2
Pesticides & Toxic Substances Branch
U.S. EPA Region 2
Woodbridge Avenue, Building 209
Edison, NJ 08837
201/321-6765
This region includes New Jersey, New York,
Puerto Rico, and the Virgin Islands.
Region 3
Toxics and Pesticides Branch
U.S. EPA Region 3
841 Chestnut Street
Philadelphia, PA 19107
215/597-1260
This region includes Delaware, Maryland,
Pennsylvania, Virginia, West Virginia, and the
District of Columbia.
Region 4
Pesticides & Toxic Substances Branch
U.S. EPA Region 4
345 Courtland Street, N.E.
Atlanta, GA 30365
404/347-3222
This region includes Alabama, Florida, Geor-
gia, Kentucky, Mississippi, North Carolina,
South Carolina, and Tennessee.
Region 5
Pesticides & Toxic Substances Branch
U.S. EPA Region 5
5SPT-7
536 So. Clark Street
Chicago, IL 60605
312/886-6418
This region includes Illinois, Indiana, Michigan,
Minnesota, Ohio, and Wisconsin.
Region 6
Pesticides & Toxic Substances Branch
U.S. EPA Region 6
Allied Bank Tower
1445 Ross Avenue
Dallas, TX 75202-2733
214/655-7244
This region includes Arkansas, Louisiana, New
Mexico, Oklahoma, and Texas.
Region 7
Office of Congressional and Intergovernmental
Liaison
U.S. EPA Region 7
726 Minnesota Avenue
Kansas City, KS 66101
913/236-2806
This region includes Iowa, Kansas, Missouri,
and Nebraska.
Region 8
Toxic Substances Branch
U.S. EPA Region 8
999 18th Street, Suite 500
Denver, CO 80202-2413
303/293-1730
This region includes Colorado, Montana,
North Dakota, South Dakota, Utah, and Wyo-
ming.
Region 9
Pesticides & Toxic Substances Branch
U.S. EPA Region 9
P-5-1
215 Fremont Street
San Francisco, CA 94105
415/974-7054
This region includes Arizona, California, Ha-
waii, Nevada, American Samoa, Guam, and
the Trust Territory of the Pacific Islands.
Region 10
Pesticides & Toxic Substances Branch
U.S EPA Region 10
1200 Sixth Avenue
Seattle, WA 98101
206/442-1270
This region includes Alaska, Idaho, Oregon,
and Washington.
28
-------
flbf Atlanta Journal AND CONSTITUTION
SUNDAY, MAY 1, 1988
Law brings chemical hazards into open
New information gives
local citizens a chance
to prevent accidents
By Jim Makris
Sj>ccin/ In the Jnurmil-('.iinxlitntinn
It happened more than three
years ago and half a world away,
but the shock waves from the terri-
ble chemical accident in Bhopal, In-
dia, are still reverberating across
the United Slates. By the end of this
year, Atlanta and almost every oth-
er city, town, county and state in
the nation will be experiencing
some of Bhopal's social fallout..
The release of deadly methyl
isocyanate gas from a Union Car-
bide plant in Bhopal in December
1984 — a disaster that killed more
than 2,000 people and injured thou-
sands of others — has changed the
way the United Slates deals with
accidents involving hazardous
chemicals. After Bhopal, preparing
for chemical accidents and control-
i/i'm Makris is director of pre-
paredness staff for the U.S. Envi-
ronmental Protection Agency.
ling the release of toxic substances
into the environment is no longer
the exclusive responsibility of se-
lected specialists. Now, it's clearly
everybody's job.
Congress made sure of that
when it passed the Emergency Plan-
ning and Community Right-to-Know
Act of 1986. This law, popularly re-
ferred to as Title III, mandates the
public availability of information
about which risky chemicals are in
the community, how much of those
chemicals can be found at any par-
ticular location, when they are
spilled or otherwise accidentally re-
leased into the environment and
how they might affect human health
or the environment if they do es-
cape. For certain toxic chemicals,
companies must also disclose, be-
ginning on July 1, the amounts they
routinely release annually into the
community's air, water and soil.
Having access to this informa-
tion is new — not only to citizens
and government agencies, but to
chemical manufacturers and users
as well. Nationally, this information
already has led to safety improve-
ments as industries begin to think
twice about storing large amounts
of hazardous substances in heavily
populated areas.
Under the new law, state and lo-
cal organizations must be estab-
lished to receive and process the in-
formation provided by industry and
to make it available to the public.'
These bodies, known as Local
Emergency Planning Committees,
must prepare contingency plans for
their communities' response in the
event of a chemical accident, and
must involve industry, local emer-
gency response and elected offi-
cials, the news media, environmen-
tal and citizens' groups, and others
in that effort The contingency plans
must be ready by October. Through
this process, a powerful dialogue
between industry and the public on
the risks associated with chemicals
in the community can begin.
It is local citizens, dealing with
local problems, who will ultimately
make the most effective use of the
information provided under Title
III. Firefighters, town administra-
tors and county officials will be
able to better protect their commu-
nities by knowing where chemical
hazards are located and how to deal
with them. Citizens will be able to
use information about risks in their
community to ensure that those
risks are no greater than what is ac-
ceptable to a majority of their
neighbors.
How can individual citizens par-
ticipate in this process? They can
check to see if a state or local plan-
ning committee has been formed.
The law also entitles citizens to sue
if the established mechanisms fail
to provide the required
information.
Citizens can also review and
comment on the community's emer-
gency response plan. They can ask
for information about local industri-
al facilities. They can visit facilities
and ask if they have complied with
the reporting requirement!:, and
what they arc doing to reduce haz-
ards, prepare for accidents and cut
back on the amount of toxic sub-
stances they produce.
The Emergency Planning and
Community Right-to-Know Law
means exactly what it says. As citi-
zens, we have the right to know
about the chemicals in our commu-
nity and to make our own informed
decision as to whether these chemi-
cals are a threat to our health and
environment. The more each of us
learns about, understands and par-
ticipates in the Title III process, the
safer our communities will be for
everyone. Together we may save
some lives.
-------
C-12
-------
United States
Environmental Protection
Agency
Office of Toxic
Substances
Washington O.C. 20460
March 1988
EPA 560/4-88-006
&ERA Toxic Chemical Release Inventory
Questions and Answers
Section 313 of the
Emergency Planning and
Community Rlght-to-Know Act
(Title III of the Superfund Amendments
and Reauthorization Act of 1986)
-------
INTRODUCTION
This Questions and Answers document deals with section 313 of the Emergency
Planning and Community Right-to-Know Act (Title III of the Superfund
Amendments and Reauthorization Act of 1986, Public Law 99-499). Under section
313, facilities that meet all three of the following criteria are required to
report releases to the air, water, and land of any specifically listed toxic
chemicals:
• The facility has 10 or more full-time employees;
• The facility is included in Standard Industrial Classification (SIC)
Codes 20 through 39; and
• The facility manufactured (defined to include imported), processed, or
otherwise used in the course of a calendar year any specified chemical
in quantities greater than a set threshold.
Reports under section 313 (EPA Form R) must be submitted annually to EPA and
designated State agencies. The first reports, covering the 1987 calendar
year, are due by July 1, 1988.
This document has been developed to expedite facility reporting and to
provide additional explanation of the reporting requirements. It supplements
the instructions for completing Form R. Copies of EPA Form R, instructions
for completing the form, and related guidance documents are available from the
Emergency Planning and Community Right-to-Know Information Hotline, U.S.
Environmental Protection Agency, WH-562A, 401 M Street, S.W., Washington, D.C.
20460, (800) 535-0202 (or (202) 479-2449 Washington, DC and Alaska). (A
request form is provided at the end of this document for use in obtaining
copies of these documents.)
The questions and answers in this document are organized in sections
corresponding to the organization of the data in Form R. Preceding the
questions and answers is an introductory discussion of the facility
identification information required by Part I of Form R.
•
To remain responsive to section 313 issues that may arise in the future,
this Questions and Answers document will be updated periodically. If you have
comments or possible additions to this document, please send them to the
Emergency ~" . ing and Community Right-to-Know Information Hotline at the
address above.
-------
ii
*
CONTENTS
Page
Definitions 1
I. Determining Whether or Not to Report: Facility 4
II. Determining Whether or Not to Report: Listed Chemicals 8
III. Exemptions 12
IV. Activities and Uses of the Chemical at the Facility 17
V. Trade Secrets 21
VI. Releases of the Chemical 22
VII. Transfers to Off-Site Locations 27
VIII. Waste Treatment Methods and Efficiency 29
IX. Waste Minimization 31
X. Certification and Submission 32
XI. EPA's Section 313 Program 35
Form R 37
-------
DEFINITIONS
If a trade secret claim is being made (see Part III, Section 1 of the form),
the "yes" box in Part I, Section 1.1 of the form must be che'cked.
Sanitized Copy.
Whenever chemical identity is claimed trade secret, two versions of Form R
must be submitted to EPA. One version identifies the chemical; the other
version does not identify the chemical specifically, but instead, provides a
generic identification. This latter version is called the "sanitized" version
and is the only version which will be made publicly available.
Reporting Year.
The reporting year is the calendar year (January - December) to which the
reported information applies, not the year in which you are submitting the
report (i.e., information for the 1987 reporting year will be submitted in
1988).
Certification.
The facility owner or operator, or a senior official with management
responsibility for the person (or persons) completing the form, must certify
the accuracy and completeness of the information reported on the form by
signing and dating the certification statement. Each report must contain an
original signature. The name and title of the person who signs the statement
should be printed or typed in the space provided. This certification
statement applies to all the information supplied on the form, and should be
signed only after the form has been completed.
Facility name (plant site name or appropriate facility designation) , street
address, city, county, state, and zip code must all be provided. A post
office box number may not be used for this location information. The address
provided should be the location where the chemicals are manufactured,
processed, or otherwise used, rather than the corporate headquarters or other
business office.
l Facilit
Section 313 requires reports by "facilities" defined as "all buildings,
equipment, structures, and other stationary items which are located on a
single site or on contiguous or adjacent sites and which are owned or operated
by the same person." Threshold determinations should be made for an entire
-------
facility.
The SIC code system defines business "establishments" as "distinct and
separate economic activities [which] are performed at a single physical
location." Under section 372.30(c) of the reporting rule, a separate Form R
may be submitted for each establishment, or for groups of establishments, in a
covered facility. This provides the facility with the option of reporting
separately on the activities involving a toxic chemical at each establishment,
or group of establishments (i.e., part of a covered facility), rather than
submitting a single Form R for that chemical for the entire facility. All
releases of the toxic chemicals from the covered facility must be reported.
However, if an establishment or group of establishments in the facility does
not manufacture, process, otherwise use, or release a toxic chemical, then a
report on that chemical from that establishment or group of establishments is
not required.
Technical Contact .
The "technical contact" is someone whom EPA or State officials may contact for
clarification of the information reported on the form. This person does not
have to be the person who prepares the report or signs the certification
statement. This person, however, must have detailed knowledge of the report
to be able to respond to questions. Different technical contact personnel may
be designated based on the specific chemical.
c Contact.
The "public contact" is someone who can respond to questions from the public
about the report. The same person may be designated as both the technical and
the public contact. If no public contact is designated in Section 3.4, EPA
will treat the technical contact as the public contact.
Standard Industrial Classification (SIC) Code.
The appropriate 4-digit primary Standard Industrial Classification (SIC) code
must be reported for covered facilities. If the report covers more than one
establishment within the facility, the primary 4 digit SIC code for each
establishment that falls within SIC codes 20 to 39 is required to be reported.
The statute uses the two-digit range of 20-39 to define eligibility for
reporting. The corresponding four-digit range is from 2000-3999. Thus, a
facility in SIC code 0028 does not need to report under section 313.
Latitude and longitude for calendar year 1987 reports must be supplied if the
information is readily available. Sources of these data include EPA permits
(e.g., NPDES permits), county property records, facility blueprints, and site
plans. If these geographic coordinates are not readily available for calendar
year 1987 reports, they do not have to be reported. All facilities are
required to provide this information in reports submitted for calendar year
1988 and subsequent years .
-------
The number assigned by Dun and Bradstreet for covered facilities or
establishments within facilities must be reported. It may be available from
the facility's treasurer or financial officer. If the facility does not have
a Dun and Bradstreet number, "N/A" should be entered in the space provided.
PA Identificati
The EPA I.D. Number is a 12-digit number assigned to facilities covered by
hazardous waste regulations under the Resource Conservation and Recovery Act:
(RCRA). Facilities not covered by RCRA are not likely to have an assigned EPA
I.D. Number. If the facility does not have an EPA I.D. Number, "N/A" should
be entered in the space provided.
NPDES Per™* *"
The numbers of any permits a facility holds under the National Pollutant
Discharge Elimination System (NPDES) must be reported. This 9 -digit permit
number is assigned to a facility by EPA or the State under the authority of
the Clean Water Act. The permit number must be reported even if the facility
does not discharge any listed toxic chemicals to surface waters.
H»»i»e of Receiving Stre*"" or Water Body.
Each surface water body or receiving stream to which a chemical being reported
is directly discharged must be identified. The name of each receiving stream
or water body (not POTW) , as it appears on the NPDES permit for the facility,
should be used. If a facility does not have an NPDES permit, the commonly
used name of the streams or water bodies should be reported to allow for the
evaluation of watersheds . . •
Ondertyrtmnd Inlection Well Code (UIC) Identification pm«v»«»'r
Facilities that have permits to inject chemical -containing waste into Class 1
deep wells must report the Underground Injection Control (UIC) 12-digit
identification number assigned by EPA or by the State under the authority of
the Safe Drinking Water Act.
Information on the parent companies of reporting facilities must be provided.
For purposes of section 313 , a parent company is defined as a corporation or
other business entity that directly owns at least 50 percent of the voting
stock of another company.
-------
I. DETERMINING WETHER OR NOT TO REPORT: FACILITY
1. Which facilities are required to report under section 313?
A facility is required to report if it has 10 or more full-time employees; it
is included in SIC codes 20-39; and it manufactured (including imported),
processed, or otherwise used any listed toxic chemical in quantities exceeding
an established threshold during a calendar year.
2. Must an annual report be submitted by July 1, 1988 for facilities which
were in operation part of 1987 but which were closed (i.e.. shutdown or out of
business) on December 31, 1987?
Yes. A facility that operated during any part of a reporting year must report
if it meets the reporting criteria.
3. Section 313 covers facilities with 10 or more full-time employees. Would
a facility with 9 full-time employees and 4 part-time employees be required to
report under section 313?
The total hours worked by all employees should be reviewed. A "full-time
employee" is defined on a full-time equivalent basis of 2000 labor hours per
year. If the total hours worked by all employees at a facility, including
contractors, is 20,000 or more, the criterion for number of employees has been
met.
4. Is an 'employee" a group of people who works 2000 hours per year (such as
three people who work 1/3 time) or is it one person who works full-time?
An "employee" can be either a single person or a group of people. The
regulatory criterion is whether the total hours worked by all employees is
equal to or greater than 20,000 for that calendar year at the facility.
5. In determining the number of full-time employees at a facility, are the
hours of employment of sales personnel who are not connected with the
production facility in any way included in the total hours worked?
Yes. All employees at a facility, regardless of function or location within
the facility, must be included in the employee threshold determination.
6. What ia the definition of primary SIC code? How can there be more than
one primary SIC code for a facility?
A primary SIC code generally represents those goods produced or services
performed by an establishment that have the highest value of production or
produce the most revenues for the establishment. The form provides space for
more than one primary SIC code because a facility may be made up of several
establishments, each of which may have a different primary SIC code.
-------
7. Please clarify the distinction between a "facility" versus an
•establishment."
The SIC code system classifies business locations on the basis of an
"establishment," which is generally a single business unit at one location.
In many cases, a facility covered under section 313 will be the equivalent of
an establishment. However, the definition of "facility" in the statute is
quite broad. A facility which is required to.report can encompass several
establishments located within a physical property boundary that is owned or
operated by same "person." Therefore, a facility can be a multi-
establishment complex.
8. For reporting year 1987, if a conpany has a plant in one state which
processes 52,000 pounds of methanol and a plant which processes the sane
aaount of methanol in another state, do both plants hove to report as
•establishments" of a "facility"?
No. The two processing plants are considered separate facilities under
section 313, even though they are owned by the same company, because they are
not located within the same contiguous physical boundary. Thus, their
activities are not additive, and neither would report methanol for 1987 but
both would report for 1988.
9. M and P Plastics is a wholly owned subsidiary of a major chemical company
which is itself a wholly owned subsidiary of B&O Corporation, which company
is the parent company?
B&O Corporation is the parent company for purposes of section 313 reporting.
10. Who is the parent company for a 50/50 joint venture?
The 50/50 joint venture is its own parent company.
11. If two plants ar<- rsrarate establishments under the same site
management, must they have separate Dun & Bradstreet numbers?
They may have separate Dun & firadstreet numbers, especially if they are
distinctly separate business units. However, different divisions of a
company located in the same facility usually do not have separate Dun &
Bradstreet numbers.
12. If a facility does not have a Dun & Bradstreet number but the parent
corporation does, is this number required to be reported?
The Dun and Bradstreet number for the facility that is reporting should be
entered. If a facility does not have a Dun and Bradstreet number, "N/A"
should be entered in Part I, Section 3.7. The parent corporation Dun and
Bradstreet number should be entered in Part I., Section 4.2.
13. Are pipelines for a feedstock or product covered if they go to or from a
"facility" (i.e., contiguous to a covered facility owned by the facility's
parent company)?
-------
No. The portion of a pipeline exterior to the property boundary of the
facility carrying feedstock into or product away from the facility would not
be covered for purposes of release reporting. However, releases from loading
or unloading activities or leaks from a pipeline within the facility would be
covered.
14. How are warehouses and trucking companies affected by section 313?
A warehouse located within the physical boundary of a "covered facility" would
be covered for purposes of estimating releases of.a toxic chemical. The
contents of a warehouse are not included in threshold determinations, however,
because thresholds are based on the amount of a chemical manufactured,
processed, or used (i.e., throughput rather than storage volume). If,
however, the warehouse is repackaging the chemical (i.e., processing), then
those quantities would have to be factored into facility threshold
determinations.
Generally, a "stand alone" warehouse does not fall into the covered SIC codes.
However, a warehouse may take on a covered SIC code if it's primary function
is to support a SIC code 20-39 operation. Under the provisions of the SIC
code system the owner or operator would consider that the warehouse is an
"auxiliary" facility to a manufacturing establishment. Even if the warehouse
does carry a covered SIC code it would still have to meet the employee
threshold and be engaged in manufacturing, processing or use of listed
chemicals above applicable thresholds before reporting would be required.
Trucking companies are not likely to be subject because they are not within
the covered SIC codes. Of course, it is possible that a trucking company
could own or operate a covered facility and thereby be potentially responsible
for reporting for that facility.
15. If pilot plants are within the SIC codes 20-39, are they required to
report?
A pilot plant that falls within the appropriate SIC codes would be a covered
facility, provided it meets the employee and threshold criteria.
16. Suppose a facility is comprised of several establishments some of. which
have primary SIC codes within the 20-39 range, and some of which have primary
SIC codes outside that range. How would this facility determine if it needs
to report?
The faciHr-- a whole is subject to reporting if those establishments that
are in SIC ccaes 20-39 have a combined value of more than 50 percent of the
total value of products shipped or produced by the whole facility, or one of
those SIC code 20-39 establishments has a value of products shipped or
produced that is greater than any other establishment in the facility.
17. Are "auxiliary' facilities associated with manufacturing operations in
SIC codes 20 through 39 exempt from reporting under section 313?
No. An "auxiliary facility" is one that directly supports another
-------
establishment's activities and can therefore take on the SIC code of the
facility which is being supported. Auxiliary facilities that are separate
operations located on separate property are required to report if they meet
the employee and chemical thresholds. Auxiliary establishments that are part
of multi-establishment facilities should be included in making threshold
determinations for the facility as a whole. Examples include warehouses,
storage facilities, and waste tr=atment facilities.
-------
II. DETERMINING WHETHER OR NOT TO REPORT: LISTED CHEMICALS
18. What list of chemicals is subject to reporting under section 313?
The law defined the list of toxic chemicals. The initial list (with certain
technical modifications) appears in the final rule and in the instruction
booklet for completing EPA Form R.
19. What is the difference between the section 313 list and other Title III
lists?
Some overlaps exist between the lists of chemicals covered by different
sections of the law. Section 313 focuses primarily on chemicals that may
cause chronic health and environmental effects. Other chemicals listed under
Title III must be reported if there are accidental, emergency type releases.
EPA has prepared a document (the "List of Lists") identifying every chemical
regulated under Title III, CERCLA, and RCRA, identifying the overlaps between
the lists.
20. When will the titanium dioxide petition for removal from the section 313
toxic chemical list be finalized?
The Agency published a proposed rule to delist titanium dioxide. The present
schedule calls for a final rule by June.of 1988.
21. If an item on the section 313 list covers chemicals with multiple CAS
numbers -'e.g., nickel compounds), how is the CAS number of the item described?
A CAS number should not be identified in such cases. Instead, "N/A" is
entered in the space for the CAS number on Form R. The individual chemical
members of a listed category are not required to be identified in the report.
22. Is asbestos removal from a site covered by section 313 reporting
requirements?
If a facility manufactures, processes, or otherwise uses friable asbestos in
excess of an applicable threshold, then the facility would be required to
report removal of any quantity of such asbestos in waste from their facility.
~~-r example, if the far'.iity transferred previously accumulated asbestos
-stes from a waste pile, the amount transferred in the reporting year must be
included in Part III, Section 6 of the form. However, if the only "use" of
asbestos at the facility was as a structural component (e.g., as insulation),
then the removal of that material from the facility would not trigger
reporting. This is because the "use" of asbestos in structural components
(e.g., buildings and pipes) is not a use covered by the rule.
23. Are releases of asbestos resulting from demolition of an old plant
covered by section 313 reporting?
-------
Releases of asbestos are not reportable due to th'e demolition of a plant with
asbestos as a structural component.
24. Is there a particle size associated with the qualifier "fume or dust" for
aluminum, vanadium, and zinc?
No.
25. Would a listed chemical present in compressed air rather than in boiler
emission air be exempt from consideration?
A listed chemical present in compressed air would not have to be counted
toward a threshold determination. If that same chemical is present in the
boiler emission air as a result of being in the compressed air fed to the
boiler, then it would remain an exempt use. However, if the chemical is
created as a result of combustion, the chemical has been coincidentally
manufactured and must therefore be considered for reporting.
26. Is steel in inventory covered by section 313?
For a reportable metal in steel, consider whether the steel is an article and
therefore exempt (see rule for the definition of article). If it is an
article, the steel does not count in thresholds, amount on-site, or in any
other way. However, if processing or use of the steel releases the reportable
metal other than as solid scrap, the steel is not an article and its metal
content must be counted toward thresholds and releases determinations. Note
that the steel actually processed or used, rather than in inventory, is what
is counted in the threshold determination.
27. Are materials in inventory (i.e., amounts on hand at year end) included
in threshold determinations?
No. Only quantities of a chemical actually manufactured (including any amount
that is imported), processed, or used during the calendar year are to be
counted toward a threshold determination.
28. Are the thresholds for manufacture and process considered separately?
For example, if a facility manufacturers 74,000 pounds of chemical A and
processes 74,000 pounds of a chemical A, does chemical A need to be reported?
Thresholds are considered separately for manufacture, process, and use of the
same chemical. Therefore, chemical A would not have to be reported for the
1987 reporting year. However, reporting would be required for 1988.
29. If a facility manufacturers 53,000 pounds, processes 28,000 pounds, and
imports 6,000 pounds of chemical "X" during 1987, is it required to report for
chemical X?
Reporting would not be required for 1987. However, for 1988 the facility
would have to report chemical X because it would have exceeded the manufactu
threshold of 50,000 pounds. Note that importing is the equivalent of
manufacturing and therefore the amounts must be added together for threshold
-------
10
t
determinations.
30. If a chemical falls into a group or class of metal compounds under
section 313, (e.g., zinc compounds or cobalt compounds), is only the parent
metal portion of the chemical or the whole compound counted when calculating
thresholds?
Threshold determinations for metal-containing compounds must be made
separately from threshold determinations for the parent metal because they are
listed separately under section 313. For example, if a facility processes
both zinc and zinc compounds, separate threshold determinations would be made
for each. To determine if thresholds for a category (e.g., zinc compounds)
have been exceeded, the total weight of each individual compound in that
category (not just the metal portion) which the facility manufactures,
processes, or uses is determined. When estimating quantities released, the
weight of the parent metal only, not the total weight of the metal compounds
released, is reported. For example, once the threshold for processing of zinc
compounds has been exceeded, releases are reported as releases of zinc.
31. When a company has a mixture on-site which does not have its own CAS
number, what CAS number should be used?
In the case of mixtures, the company should attempt to determine what listed
section 313 chemicals are present and the weight percentage of those chemicals
in the mixture. The preamble to the rule goes into considerable detail on th4
topic of determining mixture, trade name, and product composition. Basically"
if it is determined that a mixture contains one or more covered toxic
chemicals, a separate report for each chemical must be submitted. That is, if
the fraction of the chemical in the mixture multiplied by the total weight of
the mixture used or processed exceeds the applicable threshold, then the
chemicals are treated as if they were present in pure form.
32. Are facilities required to know what toxic chemicals are in mixtures
supplied to them, and if so, how is the information obtained?
Facilities are required to use the best available data for reporting years
1987 and 1988 to determine whether the components of a mixture or trade name
product are listed under section 313. For reporting year 1989 and thereafter,
however, suppliers will be required to develop and distribute a notice if the
mixtures or trade name products they manufacture or process, and subsequently
distribute, contain listed toxic chemicals.
33. If a mixture is claimed trade secret, how does a facility that uses or
processes the mixture comply with 313 reports?
Beginning with the first shipment in 1989, suppliers must notify their
customers that a section 313 chemical is present in any mixtures or trade name
products. If a supplier claims that a chemical identity is a trade secret, a
generic chemical identity that is structurally descriptive must be supplied in
the notice. Similarly, if the specific composition of the mixture is a trade
secret, the supplier must indicate an upper bound concentration for the amounl
of the listed chemical in the product. In figuring out whether to report, the
-------
11
facility would use the upper bound concentration to determine whether it
exceeded the applicable threshold for that substance.
34. By vbat date in 1989 mist suppliers notify custoners of mixture and trade
name content? ,
Suppliers must notify customers with at least the first shipment of the
mixture or trade name product in a calendar year. There is no fixed date by
which notification must occur.
35. The section 313 list of chenlcals Includes sodium hydroxide (solution)
but not solid sodium hydroxide. Should solid sodium hydroxide (i.e., pellets)
be included in threshold calculations?
No. Solid forms of chemicals which are listed as solutions should not be
included in threshold and release calculations. However, if the solid is made
into a solution at any point in the process, then it becomes reportable.
36. Sodium sulfate (solution) is a listed chemical. If sodium sulfate in
solution is used at a facility, should the quantity of the entire solution be
considered or just the weight fraction of sodium sulfate?
Only the actual quantity of the chemical in a listed solution (i.e., sodium
sulfate) should be considered for threshold, maximum quantity, and release
determinations.
37. How is ammonium hydroxide in solutions (i.e., "aqua ammonia") counted?
Ammonia is the listed section 313 chemical. Technically the chemical ammonium
hydroxide is not a listed section 313 chemical. It has a different CAS number
from ammonia. However, commercial products such as "aqua ammonia" or
"ammonium hydroxide" solutions are actually solutions of ammonia in water,
containing approximately 30 percent ammonia. Therefore, these products are to
be considered as mixtures of the reportable chemical ammonia in water for
purposes of section 313 threshold determinations and release reporting.
38. If sodium hydroxide (solution) is spilled, but neutralized before leaving
plant boundaries, should the quantity spilled be included in the facility's
release report?
No.
-------
12
III. EXEMPTIONS
39. Please explain the de ninimls limitation for mixtures and trade nave
products.
Listed toxic chemicals present in mixtures or trade name products at
concentrations below the pie minimis level of 1.0 percent, or 0.1 percent for
OSHA-defined carcinogens, do not have to be factored into threshold or release
determinations. This de minimis level is consistent with the OSHA Hazard
Communication Standard requirements for development of Material Safety Data
Sheets (MSDSs).
40. Is there a de minimis exclusion for the solutions on the 313 chemical
list?
Yes, the 1 percent or 0.1 percent exclusions apply, as appropriate.
41. Does a supplier have to tell a customer that a section 313 chemical Is
present below the de minimis level (1.0 percent, or 0.1 percent for OSHA
carcinogens)?
No. Such information is not required to be provided under section 313.
42. Is there a list of OSHA carcinogens covered by the section 313 list of
toxic chemicals to help facilities determine whether the de minimis cutoff
should be 1 percent or 0.1 percent for specific chemicals?
EPA will be publishing such a list in the near future. It will be available
through the Hotline. In the meantime, facilities should be aware that this
determination must also be made for the purpose of preparing a Material Data
Safety Sheet for the OSHA Hazard Communication Standard. Since the section 313
de minimis determination is based on the OSHA carcinogen definition, personnel
at facilities responsible for MSDS development and use may be able to help
with this determination.
43. Unit A uses a chemical mixture that is de minimis but the same chemical
is not de minimis in a mixture used by unit B. In determining total facility
releases, are releases of unit A reported?
Releases from unit A do not have to be reported. However, it should be noted
that in some instances the information readily available to the facility may
include releases for both units. For example, if both units discharge to the
same treatment facility, and release estimates are based upon measured
concentrations in the effluent from that facility, it would not be easy to
"subtract out" the contribution from unit A. In such instances, it is
permissible to report total releases, which would include the releases
contributed by unit A.
-------
13
44. If a facility has process streams with less than 1 percent (0.1 percent)
of a listed chemical, do fugitive releases from these streams have to be
included in release estimates?
First of all, the de minimis exclusion does not apply to a wastestream that
results from a facility process stream. In addition, the Agency intends that
the de minimis exclusion only apply to process streams in cases where a
"starting material" for a process is a mixture that contains less than 1
percent or .1 percent of a covered chemical. EPA did not intend to exclude
from consideration releases from process streams in which, for example, the
chemical at some point falls below the de minimis level because it is
converted to another chemical or "exhausted" (such as in a dye bath). Also,
the Agency did not intend that the act of dilution should exempt a process
stream from consideration if the mixture being diluted contains a covered
chemical above the de minimis level. The Agency realizes that a strict
reading of section 372.38(a) of the rule could exclude a process stream that
contains a chemical below the de minimis level because the phrase "...present
in a mixture of chemicals at a covered facility..." is not qualified. EPA
will develop an amendment to qualify that, for the purposes of the de minimis
exemption, the term mixture applies to products or other "starting materials"
that may be further processed at the facility.
45. If a facility manufactures 900,000 gallons per day of Na2S04 at a 0.5
percent concentration in a vastevater treatment system, is this quantity to be
considered for threshold and release determinations?
Since the chemical is manufactured at the facility as part of a waste
treatment process, the de minimis exemption does not apply and the sodium
sulfate must be considered for both threshold and release determinations.
46. Does the de minimis exemption apply regardless of whether a chemical is
an ingredient, an impurity in a mixture or product, or a waste stream
constituent?
The de minimis exemption applies to ingredients of mixtures or to impurities
present in products. It does not apply to waste streams.
47. The Agency has said that the de minimis concentration exemption does not
apply to release estimates. Where is this discussed in the final rule?
The preamble to the final regulation discusses the application of the de
minimis concept in Section IV.A., Definition of Manufacture, and Section
VI.A., De Minimis Concentration Limit. There is no de minimis level
applicable to the wastestream itself for determination of the amount of
chemical released from a facility. Also, the manufacture of a section 313
chemical as part of a waste treatment process is not covered by the de minimis
exemption. However, the de minimis exemption may eliminate the need to
consider a certain release. For example, if a section 313 toxic chemical is
present at less than the de minimis level in a product that is stored on site,
evaporative emissions of the chemical would not have to be estimated from that
storage activity.
-------
14
48. Is the article exemption stated explicitly or is the OSHA definition
cited?
The section 313 rule contains an explicit definition of "article", similar in
some respects to the OSflA definition.
49. Are colored plastic pellets considered articles? For example, the
pigment (a listed toxic chemical) incorporated in plastic pellets is not
released when the pellets are processed.
A colored plastic pellet would not meet the definition of an article if it
does not have an end use function dependent in whole or in part upon its shape
or design. A plastic pellet's shape or design is only a convenient form of a
material that is intended to be further processed.
50. Are PCB-containing transformers included under the article use exemption?
If no release of PCBs occurs during the normal use of the transformer, then
the transformer remains an article and the PCBs within it do not have to be
factored into a threshold determination. If, however, the transformers are
serviced by replacing the PCB-containing fluid, a threshold determination must
be made.
51. Does material contained in the structure of a building need to be
reported?
No. Structural materials are exempt from reporting. That means they do not
have to be included when determining whether a threshold is exceeded, and they
do not have to be included in calculating the maximum quantity on site.
Similarly exempted are listed chemicals used for routine janitorial or
facility grounds maintenance; personal uses by employees or other persons; use
of products contain.-.* toxic chemicals for the purpose of maintaining motor
vehicles operated by the facility; and toxic chemicals present in intake water
used for non-contact cooling. Painting of equipment and buildings is a type
of maintenance that is exempt because the chemical is incorporated into the
structure of the facility.
52. Does the "structural component* exemption cover the small amounts of
abraded or corroded metals from pipes and other equipment that become part of
process streams?
Yes.
53. Are solvents in paint used to maintain the facility exempt?
Yes. Painting to maintain the physical integrity of the facility is
consistent with the "structure component" exemptions, even though the solvents
in the paint don't become part of this structure.
54. How is routine maintenance, a listed exemption, defined?
The routine maintenance exemption is intended to cover janitorial, other
-------
15
custodial, or plant grounds maintenance activities which use chemicals in the
concentration and form commonly distributed to consumers. These include
bathroom cleaning, or use of fertilizers and pesticides to maintain lawns.
55. Are pesticides which are used to control algae in cooling water towers
exenpt?
No. Such pesticides would not fit the routine maintenance exemption.
56. Is equipment maintenance included in the routine maintenance exemption?
No. Equipment maintenance is not considered a routine janitorial or custodial
activity. For example, degreasers used in a manufacturing maintenance shop
are not exempt.
57. It appears that janitorial type chemicals are exempt. Does this mean
that if formaldehyde is used as a disinfectant of a sterile area in excess of
the threshold, it is exempt?
No. The disinfectant described in the question does not appear to be similar
in type to a consumer product.
58. Does section 313 reporting include laboratory chemicals?
The quantity of a listed chemical manufactured, processed or used in a
laboratory under the supervision of a technically qualified person is exempt
from threshold and release calculations. This exemption includes laboratories
performing quality control activities and those located in manufacturing
facilities.
59. What is meant by "specialty chemical production" as an exception to the
laboratory activiti s exemption?
Specialty chemical production includes chemicals produced in a laboratory
setting that are distributed in commerce.
60. If a pilot plant is contained within a laboratory, assuming the rest of
the lab deals with research and quality control, must the facility calculate
the threshold based on the entire lab, or just on the chemicals used for the
pilot plant?
The facility would only be required to consider the pilot plant portion of the
laboratory.
61. What is a bench scale or pilot scale reactor? Is this type of equipment
exempt?
A bench scale reactor would not be covered as part of the pilot plant unless
it was used for specialty chemical production.
62. Assume that a quality control laboratory, or area control laboratory, are
part of a manufacturing facility. Are they exempt from calculating threshold
-------
16
quantities for listed chemicals?
Yes. Assuming that such laboratories are under the supervision of a
technically qualified person and are not engaged in pilot plant scale or
specialty chemical production, they would be exempt from reporting.
63. Does a facility have to report if the value of laboratory research at a
facility is greater than 50 percent of the total value of goods and services
produced at that facility?
If the research laboratory activity is a separate establishment within the
facility from the manufacturing activity and it carries an SIC code not within
the covered SIC codes, then the 50 percent test would apply for determining
whether the whole facility is "in SIC codes 20-39." According to the SIC code
system, however, some laboratories may be considered within SIC codes 20-39
because they are "auxiliary" facilities to manufacturing activity, (i.e., the
research supports the manufacturing operation). In this case, both
establishments would fall into the covered SIC codes, thus, the whole facility
would be covered.
-------
17
IV. ACTIVITIES AND USES OF THE CHEMICAL AT THE FACILITY
64. An aluminum material in excess of 100,000 pounds is purchased in block
fora to make a mold which stays on site. During the production of the mold,
aluminum fumes and dust were produced as a byproduct. Is «in»imi» the
chemical to be reported?
The aluminum related entry on the section 313 list of chemicals is "aluminum
(fume or dust)." Aluminum fume or dust is not processed or used in the
example. However, aluminum fume or dust is "manufactured" coincidentally as a
byproduct of the mold-making operation. Therefore, if it is estimated that
aluminum fume or dust is "manufactured" in excess of the applicable threshold
(75,000 pounds for 1987), reporting is required.
65. The only source of chemical A is as a byproduct created in a reaction
product at less than the de ntTitmig concentration. The chemical is later
removed from the product during purification and ends up in the vastevater.
Is a threshold determination required?
Yes. Byproducts that are separated from the product after manufacture are not
covered by the de minimis limitation
66. Hov can vastevater treatment "products" be considered as manufactured
from a treatment, process?
The rule's definition of "manufacture" includes the coincidental generation of
a listed toxic chemical as a consequence of the facility's waste treatment or
disposal activities. These chemicals may not be produced for commercial
purposes. They are, nevertheless, created as a result of the facilities
activities and released to the environment. Therefore they must be accounted
for.
67. If a facility imports a listed toxic chemical, is it required to report
under section 313?
An imported chemical entering an SIC code 20-39 facility is the equivalent of
a chemical manufactured at that facility.
68. Are imDor- °>.rs/exporters responsible for reporting under section 313 for
materials stored in public warehouses?
Persons who have to report are the owners or operators of covered facilities.
If importers/exporters neither own nor operate the warehouse, they would not '
be responsible for reporting.
69. Vhat constitutes an import broker? What is the determining criteria?
The fact that a broker is involved in an import transaction may have little
-------
18
bearing on whether a facility has "imported" a covered chemical. Most import
brokers may not themselves be subject to reporting because their business may
not be classified under the covered SIC codes. The determining criteria is
that a facility caused the chemical to be brought into the customs territory
of the United States. A facility has caused it to be imported if it "controls
the identity of the chemical and the amount to be imported." That is, even
though a broker may be acting as an official import agent, if a facility has
specified that a listed chemical (either a "pure" chemical or part of a
mixture) be obtained from a foreign source and has specified the amount to be
obtained, then the facility has "imported" the chemical.
70. How la process water defined?
Process water is any water drawn into a facility from environmental or
municipal sources that is required for the operation of a facility.
71. Are water treating chealcals such as chlorine covered? Does chlorine In
city water used have to be counted?
A facility is not required to account for amounts of a covered toxic chemical
present in water that is drawn into the facility. For example, chlorine
present in water taken from municipal sources does not have to be considered
for threshold and release determinations. However, if a facility adds
chlorine to treat water used in the facility, then that quantity of chlorine
must be counted toward a threshold determination.
72. Does the placing of a bulk liquid containing a small percentage of a
section 313 chemical Into snail bottles for consumer sale constitute a "use"
of the mixture?
No, but it is a type of "processing." If the bulk liquid contains a section
313 covered chemical in excess of the de minimis level, the chemical in the
liquid would have to be factored into calculations in determining whether the
processing threshold is exceeded for that chemical.
73. When acids or sodium hydroxide are used as wastewater treatment chemicals
for pH control (I.e., neutralization), are the amounts used required to be
reported?
If the threshold for use has been exceeded, the facility would file a report
indicating use of the chemical, but the report would only include the amount
of the chemical discharged after treatment. If the pH of the wastestrearn
-^suiting from the neutralization process is in the range of 6-9, the
jtestream is considered effectively neutralized. The facility should report
100 percent treatment efficiency with a zero release of the acid or base. If,
however, the pH is outside the range of 6 to 9, the facility should estimate
the amount of unreacted acid or base being discharged, and report this amount
as a release to the environment (i.e., discharge to surface waters) or as a
transfer to an off-site facility (e.g., POTW) as appropriate.
74. How is a solvent sent off-site for distillation and returned to a
facility for use treated for reporting purposes?
-------
19
t
The amount of the solvent sent to another facility for distillation is not to
be reported as a transfer of the chemical to an off-site location (i.e., it
should not be reported in Part III, Section 6 of the form). In addition, the
quantity of the solvent returned must be treated as if it were a quantity of
the chemical purchased from any other supplier.
75. If a substance is "used* but does not becone part of the final product,
is the substance covered for reporting purposes? Specifically, are "process
solvents" (i.e., solvents that are used in many processes but do not become
part of final products) excluded?
If a "process solvent" is not incorporated into a product distributed in
commerce, then for the purposes of section 313, it would be considered
"otherwise used." It would be subject to reporting if used in quantities
exceeding 10,000 pounds per year.
76. Are uses of listed chenicals as fumigants required to be reported?
If the use occurs at a covered facility in excess of 10,000 pounds per year,
then reporting would be required.
77. Would a facility which is "tented" to exterminate insects need to report
that pesticide?
The use of listed toxic chemicals such as pesticides (except for lawn
maintenance) in excess of the threshold in a facility meeting employee and SIC
code criteria would require reporting.
78. Is the combustion of gasoline in motor vehicles at the facility exempt?
Yes. Gasoline used to operate motor vehicles owned by the facility is
considered to be the equivalent of other mixtures or chemicals used to
maintain motor vehicles.
79. Do chemicals produced coincidentally to manufacturing, processing, or
using other chemical substances have to be reported?
Chemicals produced coincidentally are subject to reporting. In the case of
coincidental production of an impurity, however, the de minimis limitation
applies. An impurity is the residual amount of chemical remaining in a final
product for distribution in commerce.
«0. Paint containing listed chemicals is applied to a product. Most of the
Bating becomes part ot the article. Does the 75,000 pound threshold apply to
the coating constituents? Are the volatile chemicals from the painting
operation otherwise used, and therefore subject to the 10,000 pound threshold?
Yes to both questions. This is a case in which listed chemicals in the same
mixture may have different thresholds. The listed chemicals that remain as
part of the coating are "processed" whereas the volatile solvents in the paint
are "used" because they are not intended to be incorporated into the article.
-------
20
81 . Are chemicals bought and sold as is exempt? ' Does adding additional
labels or Changing labels in a warehouse constitute repackaging?
Listed chemicals chat are repackaged are considered to have been processed.
However, simple relabeling of a container where no repackaging occurs is not
considered to be either processing or use covered by this rule.
82. In calculating the threshold for "otherwise used" for a closed system
such as a chilled H^O system using dichromate, is the total amount of the
chemical in the closed system o. the actual amount of the chemical "used" or
"added" during the year considered?
In a recycle or reuse operation such as this, only the amount of the listed
chemical added to the system during the year must be considered in calculating
thresholds.
-------
21
V. TRADE SECRETS
83. How can the identity of a listed toxic chemical be protected froa
disclosure for trade secrecy purposes?
Section 313 allows facilities to claim trade secrecy, but only for the
specific identity of a chemical. The rest of the reporting form must be
completed. Thus, releases of chemicals whose identity is trade secret must be
reported. If a trade secret claim is being made, two versions of the form
must be completed: one which identifies the chemical, and one which contains
only a generic chemical identity. In addition, a trade secret substantiation
form must be completed. The instructions should be consulted for further
information.
84. How will trade secret data be protected when EPA publishes health effects
notices for the public?
The health effects notices will be presented in the form of a toxicity effects
matrix. The matrix has been structured so that no single chemical can be
uniquely associated with any specific pattern of effects. Consequently, the
health effects information will not reveal the identity of a chemical and
jeopardize trade secrecy. The information in the toxicity matrix, however,
should be sufficiently detailed to enable the public to understand the
potential effects of exposure to released toxic chemicals.
85. How can conpetitors find out what has been reported to EPA?
Any person, including a competitor, can gain access to the non-trade secret
reports received under section 313. All information received under section
313 is public information except the specific identity of the reported
chemical that is claimed trade secret. All non-trade secret information
reported will be available in a computer data base.
86. when will trade secrets rule be published?
The final trade secret rule is scheduled to be published by June 1988.
-------
22
VI. RELEASES OF THE CHEMICAL
87. What is the definition of a chenical "release" under section 313?
The law defines a release as any "spilling, leaking, pumping, pouring,
emitting, emptying, discharging, injecting, escaping, leaching, dumping, or
disposing to the environment". Under section 313, facilities are required to
take into account in Cheir reports both "routine" and "accidental" releases to
any environmental medium.
88. What is the difference between a release under section 304 of Title III
and a release under section 313? Would accidental releases reported under
section 304 have to be included in the section 313 report?
Section 304 releases are accidental releases of certain chemicals listed under
section 302 of Title III or section 103 of CERCLA. A report under section 304
is an emergency notification. The Agency interprets reporting under section
313 to include the total amount of toxic chemicals entering each environmental
medium from the facility as a result of both routine operational and
accidental releases. Thus, section 304 releases of listed section 313
chemicals must be factored into releases reported under section 313.
89. Is it true that the facility need not make any special effort to measure
or monitor releases for section 313 reporting and may use information that is
on hand? If this is true, how will section 313 reporting produce complete
data for the public on environmental releases?
The law states that covered facilities need not conduct monitoring or other
activities beyond that required by other statutory or regulatory requirements.
Congress included this language to limit the burden on the affected industry
for development of release and other required data. In the absence of
measurement or monitoring data, the facility is required to make reasonable
estimates. EPA has developed a technical guidance document that suggests
methods for developing such reasonable estimates.
90. Section 313(g)(2) of the statute states that the owner or operator of a
facility Bay use readily available data. In some cases, the available
monitoring data may be known to be non- representative and reasonable estimates
offer more accurate release Information. Would EPA, in this Instance, favor
use of the estimates rather than data?
Yes. It is preferable to use reasonable estimates if monitoring data are
known to be non-representative.
91. Don't the section 313 reporting requirements overlook the possibility
that a substance can lose its identity as a side product in a reaction, and
that the difference between "input and output" volumes may not always be due
to a release?
-------
23
The section 313 rule does recognize that a chemical can lose its identity in a
reaction. The rule does not require a total mass balance accounting of the
reported chemical. If the facility manufactures, processes, or otherwise uses
a chemical in excess of the applicable threshold quantity, then it would be
obligated to report. The reporting form does not require the facility to
report the total amount of annual production, the total amount on hand at the
beginning of the year, or the amount processed or used. It requires an
estimate of the total annual amount of a chemical released to the environment
and the maximum quantity on-site at any time during the year. If (in the most
extreme case) all of that chemical processed at the facility is consumed in a
reaction and none is estimated to be lost in any other fashion, then the
facility would report a zero quantity released.
92. Is there any recomended approach for estimating emissions from
facilities whose row material is of a constantly varying and unknown
composition. For example, tar plants receive crude coal tar in batches. No
analysis is done on incoming raw materials or on products (or on
intermediates) at such facilities.
If available, data on the average composition for the specific material or
published data on similar substances should be used.
93. Why are the range codes grouped together in logarithmic scale?
For quantities on-site the ranges were patterned after TSCA inventory
reporting, as suggested by Congress.
94. Please clarify the "2 significant figures" reporting guideline.
Estimates should be rounded to no greater than two significant figures (i.e.,
4224 should be entered as 4200). The number of "significant figures" is the
number of non-zero digits. One significant digit should be reported if the
estimation techniques used do not support the two digit accuracy.
95. In the instructions for Form R what does "use leading placeboIding zeros"
mean?
An example of the use of leading placeholding zeros would be the entry of the
CAS Registry number (Part III, Section 1.2.). Space is provided on the form
for the longest possible CAS number (currently 9 digits). However, many CAS
numbers have fewer than the maximum digits. Therefore, the number should be
"right justified" when entered, and any blank spaces to the left of the last
number should be filled with zeros. For example, the CAS Registry number for
chromium is 7440-47-9. On Form R it should appear as 007440-47-9. EPA
requires this in order to promote accuracy of data entry.
96. If total releases are obtained using a combination of several bases, what
•Basis of Estimate" la used?
Report the principle means used to estimate releases. Examples in the
instructions for the form provide further clarification.
-------
24
97. Since EPA's fugitive emission factors for equipment leaks for the
Synthetic Organic Chemical Manufacturing Industry (SOCMI) and some air
emissions factors listed in EPA's document AP-42, "Compilation of Air
Pollutant Emission Factors," are not chemical specific, is the code "K" or
"0"?
Use "0" for non-chemical-specific emission factors.
98. Do estimates of releases, if over CERCLA Reportable Quantities, obligate
facilities to report a continuous release (even though only an estimate)?
Questions relating to CERCLA reportable quantities (RQ) and continuous release
provisions should be directed to the RCRA/Superfund Hotline (800)424-9346 (in
Washington DC 382-3000).
99. Will EPA be calculating or monitoring concentrations of toxics in ambient
air?
The Agency plans to use the TRI data for the purposes of screening and
identifying potential environmental problems. To date no decision has been
made regarding how the EPA program offices will utilize the TRI data.
100. Is the composition of rainfall as it falls from the sky or its
composition once it has run onto and off soil reported for release to
stormvater and threshold calculations?
The composition once the rainwater has run onto and off the soil, equipment,
and concrete pads is reported.
101. If a facility has an NPDES permit, but does not discharge any listed
toxic chemicals to surface vater, must Section 3.10 be completed?
Yes. This information element is part of the facility identification section
and is intended to be used as a pointer to other existing information relative
to the facility.
102. Are groundvater releases required to be reported? If so, what if a
facility has a surface impoundment which it suspects is leaking? Hov is the
amount being released calculated?
Releases to underground injection or landfill should be reported. Estimates
of amounts leaking from such disposal and possibly reaching groundwater should
not be reported. EPA may model the potential for such leaks or migration, but
does not require facilities to estimate such further migrations.
103. Where are routine leaks from underground pipes reported? Would such
leaks be reported as disposal to land or as underground injection?
When reporting leaks from pipes, where the released material goes must be
considered. A volatile organic would evaporate and be reported as a fugitive,
air emission. A nonvolatile material leaking onto land or any material
leaking from an underground pipe would be reported as a release to land, and a
-------
25
code of D99 for "other disposal" would be used. If Che material were cleaned
up in some way, the "leaked" material might then be reported as a release to
water or an off-site transfer. Underground injection should be reported only
for intentional injection of wastes or materials into a well designed for that
purpose.
104. Does a facility need to report leaking abandoned landfills?
Leaks from landfills are not required to be reported regardless of whether the
landfill is in use or has been abandoned. EPA does require, however,
reporting of the amount of a chemical placed in an on-site landfill or
transferred to an off-site landfill during the year.
105. On-site vastevater treatment plant sludges which may contain trace
anounts of section 313 chemicals are composted on-site. The finished compost
is then used as daily cover for the on-site sanitary landfill and for
landscaping around the site. Is this considered land treatment, land
impoundment, or not a release?
In this case, the code D03 for Land Treatment/Application/Farming should be
entered in Part III, Section 7B of the form.
106. If a treatment plant is operated as part of remediating a Superfund site
at a facility, do contaminants which are already present have to be included
in calculating thresholds and releases?
Such material need not be included in threshold determinations because it is
not being manufactured, processed, or used. However, releases would be
reportable if the facility meets reporting criteria (i.e., it is in the SIC
codes 20-39, has 10 or more full time employees, and exceeds a threshold). In
this case, release does not mean the material that is already in a landfill,
only that amount of -aterial released to the environment or transferred off-
site by the remedial activity.
107. If a company measures its own valve, flange, and pump leaks and
determines a new fugitive emission factor for air releases, is the basis of
estimate code "K" or "M" or '<>•?
If releases of the chemical are measured from individual pieces of equipment
at a facility, use the code "M". Code "E" should only be used for published
emission factors which are chemical specific. If leaks are measured in a
general way, "0" or non-published factors developed at other facilities should
be used.
108. Ten thousand pounds of a 50 percent sodium hydroxide solution is diluted
on site to 20,000 pounds of a 25 percent solution. This solution is used to
neutralize 25,000 pounds of acid solution producing 45,000 pounds of final
solution. Because the amount of sodium hydroxide is in excess of the amount
needed to neutralize the acid, the final solution contains 0.1 percent sodium
hydroxide, what is the ™a-g<»m amount of sodium hydroxide on site?
\
The maximum amount would be 10,000 x .5 - 5,000 pounds. The amount remaining
-------
26
after the neutralization (45,000 x 0.001 - 45 pounds) is part of this origina^
amount and does not have to be added to the 5000 pounds to determine the
maximum amount present at the site.
109. Are amounts of acids and sodium hydroxide used in a vastevater treatment
facility for pH control that are "neutralized" required to be reported? Are
spills of these materials treated and neutralized at the facility covered
under section 313?
Materials used in wastewater treatment at the facility are considered in
determining whether the thresholds for use of a chemical have been exceeded.
To the degree that the treated wastestream is in pH range 6-9, releases of the
acids and NaOH would be reported as zero. If spills are neutralized at an on-
site wastewater treatment facility, then releases would not be considered for
reporting if the pH is within the 6-9 range after treatment. If the treatment
facility is off-site, then the quantities of acid or NaOH must be reported as
transfers to off-site facilities for treatment.
-------
27
VII. TRANSFERS TO OFF-SITE LOCATIONS
110. If a POTtf has no current estimate of treatment efficiency for each
section 313 chemical, is "N/A" acceptable?
The treatment efficiency for any off-site facility to which transfers of toxic
chemicals occur does not have to be reported. Thus, facilities must account
for the annual quantity of the listed toxic chemical(s) released to a POTW but
are not required to estimate the treatment efficiency of the POTW.
111. Why does the section 313 form require disclosure of off-site locations
to which toxic chemicals axe transferred? The Act only requires the disposal
method employed.
Section 313 requires reporting releases to all environmental media. In the
conference committee report, EPA was directed to require reporting of releases
to the air, the water, the land, and to waste treatment and disposal
facilities. In essence, the legislative history treats such facilities as an
equivalent environmental medium. EPA believes that Congress intended to
include the reporting of quantities transferred to off-site waste treatment
and disposal facilities to provide users of the data with a total picture of
how and where the listed toxic chemicals are entering the environment. That
means the reports should not only report waste transfers off-site, but also
the identity of the facility one location to which the wastes are transferred.
112. If off-site reclaimers are not to be included in the off-site locations
which handle wastes, are emissions discharged by these reclaimers included as
point emissions or are they not reported?
A facility should not report transfers for off-site recycling of the chemical
or the chemical releases from such a reclaimer.
113. What RCRA ID number is listed if a non-hazardous waste containing a SARA
section 313 chemical is sent to a solid waste landfill?
If an off-site location such as a solid waste landfill does not have a RCRA ID
number, "N/A" would be entered in the space provided. If the facility does
have such an ID number, it must be listed if known, even though the waste
being transfer~ed may not be a listed RCRA hazardous waste.
114. What about shipment for recycle (e.g., "empty" drums containing a
residue of a toxic chemical that are sent for drum remediation)? This Is not
a treatment, storage or disposal (TSD) facility. The chemical is not being
recycled, but the carrier, that is, the container, is being recycled. Are
these types of facilities listed as off-site TSD facilities?
Shipments for recycle of the chemical should not be reported. However,
recycle of drums or recycle of other constituents of a waste does not qualify
-------
28
as recycle of the chemical and such transfers should be reported. The example
cited should be reported as an off-site transfer with appropriate code such as
M99 (unknown). If it is known that the drums are washed with water and the
wastewater is treated, code M61 (wastewater treatment) should be reported.
-------
29
VIII. WASTE TREATMENT METHODS AND EFFICIENCY
115. When multiple waste sources are conblned for treatment, should each
source be listed in the treatnent efficiencies section and a common efficiency
shown or should only the conbined stream he shown?
Report only the combined (or aggregate) wastestream and report the aggregate
efficiency for each treatment method used. See instructions for reporting
sequential treatment. A wastestream which is treated before combination with
other wastes, then subsequently treated as a combined stream, should be
reported on a separate line on the form.
116. How is the treatnent efficiency of a crystallization unit that
coupletely evaporates a wastewater strean reported?
A treatment step that completely eliminates a wastestream has an efficiency of
100 percent. The crystallization unit generates a new solid waste stream (the
solid crystals). The disposition of this new wastestream, including any
additional treatment performed on it, must be reported on the form. Note that
any on-site treatment of the solid wastestream is not considered "sequential"
treatment of the wastewater stream and must be listed with its treatment
efficiency on a separate line.
117. How is an auxiliary scrubber that is designed and used only to nitigate
emergency releases reported?
The influent concentration and treatment efficiency of the scrubber as it
operates during an emergency event should be reported. The emergency scrubber
is not considered to be "sequential" treatment with a scrubber which treats
routine emissions from the same process, unless the two units function in a
series on a single wastestream.
118. If a wastewater treatment system contains an oil skimmer or other phase
separation treatment, is this reported as a sequential treatment step for each
of the separated phases, or just for one phase?
The separation step is a sequential treatment step for one liquid phase (the
one with the larger volume, in this case, water). The other phase must be
considered a new wastestream and must be listed separately on the form.
9. If a facility has wastewater analysis for a chemical to be reported as
being -Non-Detected' with a detection limit of 1 ppb., is a discharge of "0"
(zero) reported is the discharge calculated based on the detection limit?
Use one-half of the detection limit if the facility believes that the chemical
may actually be present. Use "zero" if it is determined that the wastewater
does not contain the chemical, for example, because neither routine or
accidental contact with water occurs.
-------
30
120. Does the waste treatment section apply only'to the facility completing
the report?
Yes.
121. If the calculated threshold of sodium hydroxide, for example, is based
on the mass utilization of the solution, would the emission of a wastewater
stream containing 1 ppm of NaOH be the actual mass of NaOH or the mass of
wastewater?
Only the actual mass of the toxic chemical being released should be reported,
in this case the mass of sodium hydroxide. Note, however, that in this
specific case, if the wastestream has been neutralized so that the pH is in
the range 6-9, the release of sodium hydroxide would be considered zero for
reporting purposes.
-------
31
IX. WASTE MINIMIZATION
122. What is included in waste minimization? Are solid wastes as well as
hazardous wastes included?
Waste minimization means reduction of the generation of toxic chemicals in
wastes. Waste minimization reporting applies to air emissions, solid wastes,
wastewater and liquid materials that are released, disposed, or treated.
123. If a facility modifies a process for economic reasons resulting in a
waste reduction, should this be reported as minimization?
Yes. Any changes that result in less waste being generated may be included.
Codes are provided to identify changes such as equipment and technology
modifications, as well as process changes, procedure modifications, and
improved housekeeping.
124. what do facilities that have not performed any waste minimization
include in the report?
The waste minimization portion of the reporting form is optional.
125. Would RCRA permitted incineration of waste count as waste minimization
under M8 (other treatment methods)?
Treatment or disposal can not be reported as waste minimization under the TRI
form. The emphasis is placed on facility activities that reduce generation of
wastes and not on activities that allow for treatment of wastes.
126. Where can facilities obtain figures from previous year?
Companies can obtain waste minimization information about the year prior to
reporting from various sources including but not limited to inventory data,
recycle/reuse data, engineering reports on process modification and product
development studies.
127. Please elaborate on the waste minimization section with respect to the
proposed legislation regarding unit-based reduction measurement?
Congressman Wolpe has introduced a bill HR 2800 that, if enacted into a law,
will expand the section 313 optional waste minimization reporting requirements
and make such reporting mandatory.
-------
32
X. CERTIFICATION AND SUBMISSION
128. Must a separate Form R be filled out for each reportable chemical?
Yes. As described in the instructions, however, only one version of Part I
(page 1) of the form needs to be completed for any facility. That page can
then be photocopied and attached to each chemical-specific report. Each copy,
however, must contain an original signature on the certification statement.
Similarly, Part II (Off-Site Locations) may be filled out for all chemicals
being reported and then photocopied for each submission.
129. Are facilities required to include an original signature on forms going
to the State as well as EPA?
An original signature on the certification statement is not required under
EPA's rule for the copy that is sent to the State.
130. Is the owner or operator responsible for submitting the chemical release
inventory fora?
Either person (i.e., either the owner or operator) is subject to the section
313 reporting requirements. Therefore, if no report is received from a
covered facility, both persons are liable for penalties. As a practical
matter, EPA believes that the operator is more likely to have the information
necessary for making the reporting determinations.
131. Would an owner of a facility who has no knowledge of any operations
taking place in the facility be responsible for reporting under section 313?
If the owner has any business interest in the facility beyond owning the real
estate on which the covered facility is located, he would be subject to
reporting requirements. Neither owners who are part of the same business
organization as the operators, nor owners of businesses that contract out the
operation of a particular site, are exempt from reporting.
132. Can a plant manager of a facility or a designee sign the certification
statement on the form? That is, can a plant manager count as a "senior
management official'?
Section 313 requires that a senior official with management authority over the
person or persons filling out the form certify the accuracy and completeness
of the form. This person could be a plant or facility manager rather than a
senior corporate executive and should be the senior person in a position to
attest to the accuracy of the information provided.
133. If a facility has a manager who is the originator of the data in the
form report would he/she sign the fora or would it be the facility manager to
whom this manager reports?
-------
33
Each facility must make the determination regarding who meets the definition
in the rule of a "senior management official."
134. If a facility has been sold or otherwise changed hands during the year,
who is responsible for completing the report?
The last owner or operator of the facility during a reporting year is the
person responsible for reporting unless the sales or transfer agreement
contains language that the seller will assume this reporting responsibility.
In any event, only one report must be submitted for the entire reporting year.
135. What is the status of magnetic media submission (e.g., on tape or floppy
disk) for the July 1, 1988, section 313 reports?
Data submission by magnetic tape or disk should be possible for July 1, 1988,
reporting cycle. The Agency is publishing instructions for magnetic media
submission. Contact the Emergency Planning and Community Right-To-Know
Information Hotline.
136. Who is responsible for errors if a consultant is contracted to help with
compliance for section 313?
The owner or operator of the facility is responsible for complying with
section 313 and for any errors in reporting. The certification statement
which is signed by an official of the reporting facility states that the
information is complete and accurate.
137. If the public contact item (Part I, Section 3.4) is left blank, can the
facility later use a public contact to speak to the news media on behalf of
the technical contact, who may not be publicly conversant?
If a public contact is not identified, EPA will enter the technical contact
into this information element in the database. Thus this person would receive
public inquiries. A facility may, of course, use any other person it chooses
to deal with the public in response to such inquiries.
138. Can the technical contact be a different person for each chemical and
each separate part of a facility?
Yes. It is allowable to have different technical contacts for different
chemicals or different establishments within the facility provided that only
one "technical contact" is listed on each form.
139. Can a facility submit one original copy each of Parts I (Facility
Identification Information) and II (Off-Site Locations) with several copies of
Part III (Chemical Specific Information) for different listed chemicals?
No. The final rule clearly requires that each completed submission contains
all parts of Form R (including Part IV). Submission of multiple copies of
Part III, with only one copy of Parts I and II, would be considered non-
compliance.
-------
34
140. The instructions state that photocopied versions of Part I may be
submitted. Does that nean that the senior official at a facility certifying
the validity of the forms only has to sign one submission?
No. The final rule states that each unique chemical submission must contain
an original signature. The purpose of this requirement is to ensure that the
certifying official has reviewed each chemical submission. A photocopied
signature does not fulfill this purpose and would be considered non-
compliance.
141. Can common or trade names other than those listed in the rule be used
for submissions?
No. EPA has provided a list of standard chemical names and CAS numbers for
all of the chemicals which must be reported under section 313. The rule
requires that use of these standard names.
142. In some sections of Form R, facilities are asked to report "N/A" if that
section does not apply to a submission. Are blank spaces left on the form the
equivalent of "N/A"?
No. The rule requires "N/A" to be entered to inform the Agency that the
submitter has not just overlooked a section of the form. Leaving blanks would
be considered non-compliance with the rule.
143. Are facilities allowed to use the proposed form in their submissions?
No. The final Form R was published in the Federal Register on February 16,
1988. The information content of the form published with the final rule is
different from that of the proposed form. Thus, submissions using the
proposed form are unacceptable. For copies of the form and instructions,
contact the Emerger.::v Planning and Community Right-to-Know Hotline (See p. i).
144. How can a facility be assured that the Agency has received a submitted
form?
To be acknowledged of receipt of submissions, facilities should send forms
using the U.S. Post Office "Return Receipt Requested" mail service. The
Agency will not respond to cover letters requesting acknowledgement.
-------
35
XI. EPA'S SECTION 313 PROGRAM
145. What type of quality control check will EPA make on each fon it
receives?
EPA plans to incorporate edit checks in the database to identify missing,
incomplete, incorrect and suspect data elements in the TRI forms.
146. How will questionable data be identified by EPA?
OTS is developing checks of completeness and, for some types of data,
reasonableness of an entry. For example, zero air emissions of a volatile
chemical would be flagged. OTS envisions contacting the facility for
clarification of such "questionable" data.
147. Does the Agency plan to investigate non-reporters before "auditing*
reports front complying facilities?
The Agency will focus enforcement efforts to identify non-reporters. At the
same time, however, EPA is planning to issue notices of non-compliance in
connection with forms that contain errors or omissions. A fixed period of
time will be allowed for corrections before penalties are assessed. EPA also
intends to investigate submissions with questionable technical entries.
However, the purpose of such technical audits will not be purely as an
enforcement action. A further benefit will be to identify where problems
exist in calculating releases so that the Agency can improve its guidance and
instruction documents.
148. Are specific audit provisions written into regulations? Will audit
results be made public? Can released infornation be changed? What about
resolving differences of opinion, (i.e., does the auditor have final
judgement)?
Specific audit provisions are not written into regulations. The Agency,
however, has the responsibility to assure that the data submitted is based on
reasonable estimates, and audits may be conducted. Audit results will be
utilized to identify where problems exist with calculating releases. In
resolving difference of opinion we hope that final judgement will rely on
consensus formed by the Agency auditor and company's technical staff.
149. When will the "fact sheets" for each of the 328 chemicals be available?
The Agency plans to finalize the majority of the fact sheets by the end of
1988. The N.J. fact sheets will be used directly and supplemented with
additional environmental toxicity data where appropriate.
150. Will the public be able to review the chemical fact sheets before they
are final and provide comments to EPA?
-------
36
No. The State of New Jersey has conducted an extensive review of the
literature to produce these factsheets and has had expert panels review them.
EPA has not yet decided whether to develop separate'health fact sheets on the
section 313 chemicals to replace the New Jersey factsheets.
151. Will there be data on half life (i.e., deconposition rate) of chemicals
in the air included in the fact sheets?
The fact sheets will contain some data on persistence of chemicals in the
environment where available or applicable.
152. Will the public be able to browse through all of the reports filed, or
will it have to request individual reports? Will some sort of log be kept
noting users of the data?
The public will be able to access the computerized public data base by spring
of 1989. During summer of 1988 copies of the TRI forms will be available
through the states. Each state will have to decide how the public will
access the copies and what records the state will keep as result of public
inquires. Prior to the public data base availability, EPA headquarters can
also provide for review of a reasonable number of these forms on an
appointment basis.
153. How can copies of the technical guidance documents be obtained?
You can get copies of the technical guidance document by writing the
Emergency Planning and Community-Right-To-Know Information Service.
154. What are the specific industries for technical guidance annuals?
These are guidance documents developed for a specific industry or industrial
operation to help them determine reporting requirements and estimate
releases. Industries covered are:
Electroplating Operations
Primary Lead, Zinc, and Cadmium Smelting
Presswood and Laminated Wood Products Manufacturing
Wood Preserving
Roller, Knife and Gravure Coatings Operations
Spray Application of Organic Coatings
Electrodeposition of Organic Coatings
Rubber Production and Compounding
Paper and Paperboard Production
Primary Aluminum Smelting
Priaar-- Copper Smelting
Lea... Tanning and Finishing Processes
Semiconductor Manufacture
Printing Operations
Monofilament Fiber Manufacture
Textile Dyeing
Formulating Aqueous Solutions
-------
Form Approved OMB No.: 2Q7Q-QQ93
'Important: Type or print; read instructions before completing form.)
Approval Expires:.
01/91
Page 1 of 5
U.S. Environmental Protection Agency
TOXIC CHEMICAL RELEASE INVENTORY REPORTING FORM
Section 313, Title III of The Superfund Amendments and Reauthorization Act of 1986
EPA FORM
R
PART I. FACILITY IDENTIFICATION INFORMATION
(Thi» space (or EPA use only.)
1.
1.1 . thi» report contain trio* secret information?
| | Yes (Answer 1.2) | ] No (Do not answer 1.2)
1.2 I* tnit • sanitized copy?
1. 3 Reporting Year
2. CERTIFICATION (Read and sign after completing all sections.)
I hereby certify that I have reviewed the attached documents and that, to the best of my knowledge and belief, the submitted information is true
and complete and that the amounts and values in this report are accurate based on reasonable estimates using data available to the preparers
Nam* and official title of owner/operator or lenior management official
Signature
Date tigned
'. FACILITY IDENTIFICATION
VI
Facility or Establishment Name
Street Address
City
State
County
Zip Code
I III I -I I
3.2
Thli report contain* information for: (cheek one)
a | | An entire covered facility.
b | | Part of a covered facility.
Tecnmcai Contact
3.3
Telephone Number (include area code)
3.4
Puouc Contact
Telephone Number (include area cede)
3.5
a. SIC Code
I I I
J I
Latitude
3.6
Deg.
J I
Mm. See.
I I I
I I I
Longitude
Oeg. Mln. See.
I I I I I I
3.7
Dun & Braditreet Numoer(s)
a.
I I - I I I I - I I I I
b.
I I - I I I I - I I I
3.8
EPA identification Number (RCRA 1.0. No.)
a:
I I I I I I I I I I I
3.9
NPDES Permit Number(t)
a.
i i i i i i i i
b.
i i i i i i t i
j i
Wh«r« to send comploUd forms:
U. S. Environmental Protection Agency
P.O. BOX70266
Washington. DC 20024-0266
Ann: Toxic Chemical Release Inventory
Name of Receiving Str«am(s) or
a.
9ody(s)
3.10
b.
c.
3.11
Underground Injection Well Code (UIC) Identification No.
II I I I I I I I I I I
PARENT COMPANY INFORMATION
4.1
4.2
Name of Parent Company
Parent Company' s Dun & Braditreet No.
1 1 - 1 1 1 1 - 1 1 1 1
EPA Form 9350-1 (1-88)
-------
'Important: Type or print: read instructions before completing form.)
Page 2 of 5
EPA FORM R
PART II. OFF-SITE LOCATIONS TO WHICH TOXIC
CHEMICALS ARE TRANSFERRED IN WASTES
(Thit (pace (or EPA use only. I
1. PUBLICLY OWNED TREATMENT WORKS (POTW)
Name
Street Address
State
County
Zip
2. OTHER OFF-SITE LOCATIONS - Number these locations sequentially on this ind any additional page of this form you use.
Other off-site location
E=A identification Numoer (HCRA ID. No.)
I I I I I I I I I I I
Facility Name
Str««t Adarets
City
State
County
Zip
's location under control of reporting facility or parent company? [ j• [ I
Vet No
I J Other off-site location
EPA identification Numoer (RCRA ID. No.)
Facility Name
Street Aaoresi
C.ty
State
County
Zip
is location under control of reporting facility or parent company? Ill
Ye« No
Other off-site location
EPA identification Number (RCRA O. No.) | | | | | | | | | | | |
Facility Name
Street Addreit
City
State
County
Zip
D
s location under control of reporting facility or parent company? Ill I
vet No
Check if additional pagei of Part ll are attached.
EPA Form 9350-1(1-88)
-------
•'Important: Type or print; read instructions before completing form.)
Page 3 of 5
(This ipace 'or EPA use only.)
EPA FORM R
PART III. CHEMICAL SPECIFIC INFORMATION
1. CHEMICAL IDENTITY
1.1
i.:
1.3
1.4
2,
1 | Trade Secret (Provide a generic name in 1.4 below. Attach substantiation form to this submission.)
CAS#
1 -| ] (Use leading zeros if CAS number does not fill space provided.)
Chemical or Chemical Category Name
Generic Chemical Name
(Complete oniy if 1 . 1 is checked. )
MIXTURE COMPONENT IDENTITY (Do not complete this section if you have completed Section 1.)
Generic Chemical Name
Provided Dy Supplier (Limit the name to a maximum of 70 characters (e.g., numbers, letters, spaces, punctuation)).
3. ACTIVITIES AND USES OF THE CHEMICAL AT THE FACILITY (Check all that apply.)
3.1
3.2
Manufacture:
Process:
Otherwise Used:
a- D Produce b- D lmport c- D !&%£**
d' D distribution •• D As a "WO*** f • G As an Impurity
a. As a reactant b. I I A» » formulation c I I As an article
1 — 1 1— 1 component L_ 1 component
d. \ \ Repackaging only
a. [ | pr8ocless?nglaW b- LH A> a manufacturing aid c.[ | Ancillary or other use
4.
MAXIMUM AMOUNT OF THE CHEMICAL ON SITE AT ANY TIME DURING THE CALENDAR YEAR
(enter code)
S. RELEASES OF THE CHEMICAL TO THE ENVIRONMENT
You may report releases of less than
1 .000 Ibs. by checking ranges under A.I.
5.1
5.2
5.3
5.4
5.5
D
Fugitive or non-point air •missions
Stack or point air emissions
Discharges to water 5.3.1 Q
(Enter letter cod* from Part 1
Section 3. 10 for str*«m»(s).) r~~i
5.3.2 1 1
5.3.3 Q
Underground Injection
Releases to land
5 5 1 1 (enter code)
5.5.2 f 1 (enter code)
5.5.3 I (enter code)
5.1a
5.2a
5.3.1a
5.3.2a
5.3.3a
5.4a
5.5.1a
5.5 2a
5.5.3a
A. Total Release
(Ibs/yr)
A.1
Reporting Ranges
o 1-409 soo-eoa
A. 2
Enter
Estimate
B. Basis of
Estimate
(enter code)
5.ib n
5.2b n
5.3.1b Q
5.3.2b Q]
5.3.3b n
5.4b Q
5.5.1b O
5.5.2b Q
5.5.3b Q
C. % From Stormwater
5. 3. 1c
5.3.2C
S.3.3c
(Check if additional information is provided on Part iV-Supplemental Information. )
EPA Form 9350-1(1-88)
-------
EPA FORM Pi, Part III (Continued)
Pag* 4 of 5
6 TRANSFERS OF THE CHEMICAL IN WASTE TO OFF-SITE LOCATIONS
You may reoort tranifert
of !••• 'nan 1.000 I6». By crocking
ranget unoer A. 1.
6.1 Discharge to POTW
Otner off-site location I ]
6.2 (Enter OIOCK number
from Part II. Section 2.) <— — >
6.3 Other off-tit* location |~~I
(Enter DIOCK number
from Part il, Section 2. ) *— J
6.4 Other off-site location r~~|
tEnter Block number
from Part II. Section 2.) '— '
A. Total Transfers
(Ibs/yr)
A.1
Reporting Ranges
0 i-*99 500-969
^
A. 2
Enter
Estimate
B. Basis of Estimate
(enter code)
6.1b LJ
6.2b I — I
6.3b Q
6.4b Q
C. Type of Treatment/
Disposal (enter code)
6.2c
6.3c
6.4c
[I (Check If additional information Is provided on Part IV-Supplemental Information)
7. WASTE TREATMENT METHODS AND EFFICIENCY
A. General
Wastestream
(enter code)
7.1. G
7.2a G
7.3a | |
7.« n
•• n
7.6a G
7.7a G
7.8a 1 1
7.9a | |
7.10a G
7.11a [~~|
7.12a G
7.13a G
7.14a [ [
B. Treatment
Method
(enter code)
7.lb
7
7
7
7
7
7
7
7
7
.2b
.3b
4b
Sb
6b
7b
8b
9b
10b
7.11b
7
7
7
12b
13b
14b
C. Range of
Influent
Concentration
(enter code)
7. 1c
7.2c
7.3C
n
7.4C [ [
7.5C
7^6c I
7.7c
7.8c G
7.9c
7.10C | |
7.110 G
7.12e
7.13c
7.14C
D. Sequential
Treatment?
(check If
aoDllcable)
7.ld
7.2d Gl
7;3d Gl
7.4d Gl
7.5d |
7.6d rn
7.7d
7.8d G
7.9d
7.10d [ |
7.11d | |
7.12d G
7.13d rj
7.14d | |
E . Treatment
Efficiency
Estimate
7.1. %
7.2. %
7.3. %
7.4. %
7.5. %
™- %
"• %
7.8. %
7.9- *
7.10. %
7.11. %
7.12. %
7.13. %
7.14. %
F. Based on
Operating
Data?
Yes No
7.1,
7.2,
n n
n
7.3, |
7.4,
7.5,
n
7.6, | "|
7.7, [ 1
7.8,
7.9,
7.10,
n
n
n
i
n
n n
i— i
n
D
7.12, n n
i 1 1 i
7.131 [ 1
7.141 Q
| | (Check If additional Information Is provided on Pan IV-SupplementaJ Information.)
8. OPTIONAL INFORMATION ON WASTE MINIMIZATION
(Indicate actions taken to reduce the amount o, the chemical being released
items and an explanation of what Information to Include.)
A. Type of
modification
(enter code)
1
i
B. Quantity of the chemical In the wastestream
prior to treatment/disposal
Current Prior ( Or percent
reporting year . change
year (Ibs/yr) (Ibs/yr) (
i %
from the facility. See the Instructions for
coded
C. Index D. Reason for action
(enter cod.)
m
EPA Form 9350-1(1-88)
-------
'Important: Type or print; read instructions before completing form.)
Page 5 of 5
I
EPA FORM R
PART IV. SUPPLEMENTAL INFORMATION
Use this section If you need additional space for answers to questions in Parts I and III.
Number or letter this information sequentially from prior sections (e.g., D,E. F. or 5.54, 5.55).
(Thit space for EPA use only. I
ADDITIONAL INFORMATION ON FACILITY IDENTIFICATION (Part 1 - Section 3)
3.5
3.7
3.8
3.9
3.10
SiC Code
1 1 1
1 1 1
Dun & Bradstreet Number(s)
1 1 - 1 1 1 1 - 1
1 1 1
1 1 1
1 1 - 1 1 1 1 - 1 1 1 1
EPA identification Numoer(s) RCRA 1.0. No.)
1 1 1 1 1 1 1 1 1 1 1
NPOES Permit
1 1 1
Numoer Is)
1 1 1 1
Name of Receiving Streamls)
1
or Water Bodyd)
1 1 1 1 1 1 1 1 1
1 1
1 1 1 1 1 1 1 1
ADDITIONAL INFORMATION ON RELEASES TO LAND ( Part III - Section 5.5)
Releases to Land
5.5 1 (enter code)
1 (enter code)
5.5 1 (enter code)
5.5 a
5.5 a
5.5 a
A. Total Release
(lbs/yr)
A.1
Reporting Range*
0 1-400 500-908
A. 2
Enter
Estimate
•
B. Basle of
Estimate
(enter code)
5.5 b Q
5.5 b n
5.5 b G
ADDITIONAL INFORMATION ON OFF-SITE TRANSFER ( Pert III - Section 6)
A. Total Transfers
(Ibe/yr)
6 • Discharge to POTW
Other off-site location r— i
6 (Enter block numoer 1
from Part II, Section 2. ) I— '
Other off-site location I— -I
6. (Enter block number
from Part II. Section 2.) 1— '
6. a
6.
6.
a
a
A.1
Reporting Ranges
0 1-400 500-000
ADDITIONAL INFORMATION ON WASTE TREATMENT (Part III -
A. General Wasteatream
(enter code)
,. , n
7. . n
. n
7. . n
7. . n
B. Treatment
Method
(enter code)
7 h
7. b
7 b
7 b
7. b
A. 2
Enter
Estimate
B. Basis of
Estimate
(enter code)
6. b Q
6. bD
8. bD
C. Type of Treatment/
Disposal (enter code)
6
c.
6. c.
Section 7)
C. Range of
Influent
Concentration
(enter code)
7. c n
7. c
n
7. c n
7. c
7. c
n
D. Sequential
Treatment?
(check If
applicable)
7. < n
7. d n
7. d IJ
7. , n
7. , n
E. Treatment
Efficiency
Estimate
7. e %
7. e %
7. e %
7. e %
7. e %
F. Based on
Operating
Data?
Yes No
7. f
7. f
I I
7. , n
7. , n
7. f
D
n
I I
EPA Forrr, 9350-1(1-88)
-------
ADDITIONAL MATERIALS AVAILABLE ON SECTION 313:
ft Section 313 rule (FR reprint)
A reprint of the final lection 313 rule (including Form R uid instruction*) as it appeared in the
Federal Register (FR).
» Trade secrets rule and form (Section 322 of Title in)
A reprint of the current rule to implement the trade secret! provision of the Emergency Planning and
Community Right-to-Know Act (Section 322) and a copy of the trade secret substantiation form.
K Estimating Releases and Waste Treatment Efficiencies for the
Toxic Chemical Release Inventory Form
Suggested methods on the development of release estimates and waste treatment efficiency calculations
required on Form R.
8 List Of Lists (January 1988)
A consolidated list of specific chemicals covered by the Emergency Planning and Community Right-to-
Know Act. The list contains the chemical name, CAS Registry Number, and provides specific
information on what reporting requirement(s) the chemical is subject to.
KE Synonyms Document
This document contains common synonyms for the specifically listed section 313 chemicals (synonyms for
chemicals in covered categories are not included).
X Questions and Answer Document
Answers to frequently asked questions about the section 313 rule, organised by subject area.
» TRI Magnet! ledia Submission Guidance Package
Reports under section 313 may be submitted by computer tape or floppy disk. This guidance package
gives the format requirements and other details for such submissions.
38 Industry Specific Technical Guidance Documents
The Agency has developed a group of smaller, individual guidance documents that target activities in
industries who primarily process or use the listed toxic chemicals.
For copies of these materials, send in the request form included in the booklet or write to:
Emergency Planning and Community Right-to-Know Information Hotline
U.S. Environmental Protection Agency
WH - 562 A
401 M Street, S.W.
Washington, D.C. 20460
-------
Please Send information On: (Please indicate the quantities you are requesting.)
Section 313 Rule (FR Document)
Additional copies of Form R
Section 322 Rule and Form (Trade Secrets)
Estimating Releases
Title III List of Lists
Synonyms Document
TRl Magnetic Submission Media
Guidance Package
->CT
NAME
STREET
STATE
ZIP CODE
Industry Specific Technical Guidance
Electroplating Operations
Primary Lead, Zinc, and Cadmium Smeltim
Presswood and Laminated Wood Products
Manufacturing
Wood Preserving
Roller, Knife, and Gravure Goating Operatic
Spray Application of Organic Coatings
Electrodeposition of Organic Coatings
Rubber Production and Compounding
Paper and Paperboard Production
Primary Aluminum Smelting
Primary Copper Smelting
Leather Tanning and Finishing Processes
Semiconductor Manufacture
Printing Operations
Monofilament and Textile Rber Manufactut
Textile Dyeing and Finishing
Formulating Aqueous Solutions
-------
Staple Here
Fold
FACILITY NAME
STREET
STATE
ZIP CODE
Place
Stamp
Here
Emergency Planning and Community
Rlght-to-Know Information Hotline
U.S. Environmental Protection Agency
WH-562 A
401 M Street, S.W.
Washington, D. C. 20460
-------
C-13
-------
IT'S NOT OVER IN OCTOBER!
A Guide for Local Emergency Planning Committees
Implementing the Emergency Planning and
Community Right-To-Know Act
(SARA Title
-------
The purpose of this booklet is
to offer suggestions to Local
Emergency Planning
Committees (LEPCs) to help
them implement Tide HI; it is
not a comprehensive guide to
running an LEPC. This
booklet draws on the
experience of those LEPCs
that have developed
comprehensive plans as well
as on the experience of the
U.S. Environmental Protection
Agency (EPA), the Federal
Emergency Management
Agency (FEMA), the states.
the Chemical Manufacturers
Association (CMA). other
industry and trade
associations, and public
interest groups. It is
intended to help LEPCs
establish and maintain their
momentum in meeting the
Titie m mandate and to
address some possible
Implementation problems.
About This Booklet
The following organizations developed this booklet:
American Red Cross
Chemical Manufacturers Association
Environmental Policy Institute
Federal Emergency Management Agency
International City Management Assocation
International Association of Fire Chiefs
National Association of Counties
National Coordinating Council on Emergency
Management
National League of Cities
National Safety Council
National Wildlife Federation
U.S. Chamber of Commerce
U.S. Environmental Protection Agency
The following organizations supported this booklet:
Adhesive and Sealant Council, Inc.
Advocacy Institute
American Coke and Coal Chemicals Institute
American Library Association
Association of New Jersey Environmental Commissions
The Chlorine Institute, Inc.
Citizen Action
Citizens Commission on Bhopal
Cleveland Council on Hazardous Materials
The Cosmetic. Toiletry, and Fragrance Association, Inc.
Dry Color Manufacturers' Association
Environmental Action Foundation
Environmental Defense Fund
The Formaldehyde Institute, Inc.
Michigan State Fire Fighters' Union
National Association of Chemical Distributors
National Association of Printing Ink Manufacturers
National Association of Solvent Recyclers
National Association of Towns and Townships
National Solid Waste Management Association
Ohio Public Interest Campaign
OMB Watch
The Rubber Manufacturers Association
Society of American Wood Preservers, Inc.
Synthetic Organic Chemical Manufacturers Association
U.S. Public Interest Research Group
Workplace Health Fund
The review and comments from individuals associated with
LEPCs and SERCs are appreciated.
-------
PAGE1
About Title
In 1986 Congress passed the Emergency Planning and
Community Right to Know Act as Title HI of the
Superfund Amendments and Reauthorization Act
(SARA). Congress enacted this law to help local com-
munities protect public health and safety and the envi-
ronment from chemical hazards.
To implement Title m. Congress required each state to
appoint a State Emergency Response Commission
(SERC). The SERCs, in turn, were required to divide
their states into emergency planning districts and name
a Local Emergency Planning Committee (LEPC) for each
district. The expertise (e.g.. fire fighting, health, local
officials, community groups, media, facility representa-
tives, emergency management) of the required LEPC
members ensures that all the necessary elements of the
planning process are represented.
The LEPC is the focal point for Title m activities in the
community. The performance of the LEPC is critical to
ensuring that the public benefits from the opportunities
and information provided for under the law.
The responsibilities of the LEPCs are stated in the law:
each LEPC must develop an emergency plan, collect and
store information provided by facilities, and make that
information available to the public. Other LEPC activi-
ties can be anticipated and are important to carrying
out the spirit of the law. For example, LEPCs will pro-
vide a continuing forum in which the local community
and facilities can discuss issues related to hazardous
substances.
Two of the main goals ofTifie
m are to:
• Provide a basis for each
community to develop a
chemical emergency
preparedness and planning
program mat suits its
individual needs, and
• Provide the public with the
identity, quantity, location,
and properties of hazardous
substances in the
community as well as data
on annual releases of
certain chemicals into the
environment
-------
PAGE 2
"It's not over in October.'
Title HI sets October 17,
1988, as the deadline for
each LEPC to complete a
comprehensive emergency
plan. However, October 17
is not the end of the planning
process; it is the first step.
Each plan must be revised
and updated annually. The
SERCs must review and
make recommendations for
any revisions. Other LEPC
activities such as managing
the information coUectedfrom
facilities and making it
available to the public,
coordinating response
activities with other planning
districts, conducting
exercises based on the plan,
training, and maintaining the
dialogue with the community
and industry to improve the
safety of facilities and
preparedness for accidents
are ongoing. In short, as far
as LEPCs and the law are
concerned, it's not over in
October.
Getting Off to the Right Start: Outreach Makes
It Work
Title HI introduced a new relationship among govern-
ments at all levels, the private sector, public organiza-
tions, and the general public. Each group has a differ-
ent, but equally important role in making emergency
planning and community right-to-know work. The goal
is national chemical safety and the value to a commu-
nity can be very real.
The need for outreach — establishing and maintaining
two-way communication ~ is a responsibility everyone
shares. The need for outreach in this program is un-
precedented because the audience is so diverse. For
example, states and localities need support to imple-
ment the law; industry needs to understand how and
when to comply; the public needs to be aware of the
kinds of information available and what it might mean
to them. Everyone has a role and the LEPC is critical to
the success of the program.
A Role for Everyone
The federal role is to provide national leadership,
guidance, technical assistance, access to data
about chemical releases, and training through
the states.
The states, through the SERCs, provide leader-
ship to ensure that an emergency planning and
implementation structure is developed and to
provide training and technical assistance to
communities.
The local role is to work with LEPCs in actually
carrying out emergency planning, community
right-to-know, and response functions.
Industry complies with Title III reporting require-
ments and participates actively with LEPCs and
SERCs to ensure that Title in works.
The public can get involved by increasing their
awareness and understanding of chemical risks
and supporting actions to increase public safety
and protection of the environment.
-------
PAGE 3
TheLEPC Is the Key
Although EPA. FEMA. other federal agencies, state gov-
ernments, and industry are cooperating with local com-
munities to make Title HI work, the ultimate responsi-
bility for the success of the program rests with you at
the local level. Because you are most familiar with your
community, you are in the best position to develop
plans to prevent emergency situations, to ensure appro-
priate responses if they occur, and to become the forum
in your community for discussions and decisions on
hazardous substances.
The SERCs appoint LEPCs and have the responsibility
for coordinating and supervising LEPC activities, but it
is up to you at the local level to make the LEPC work.
The mission of your LEPC is:
• To develop a comprehensive emergency plan for
your community by October 17, 1988, and keep
the plan up-to-date. To be effective, planning
must be an ongoing activity.
• To receive information about accidental chemical
releases.
• To collect, manage, and provide public access to
information on hazardous chemicals in your
area.
• To educate the public about risks from accidental
and routine releases of chemicals and work with
facilities to minimize the risks.
The first three responsibilities are mandated by Title III:
the last is not included in the letter of the law, but
rather in its spirit. The right-to-know provisions of the
law will be of limited value to the community unless the
public is given the means to understand the information
and its implications. The ability of your LEPC to im-
prove the safety of your community will be far greater if
you have an informed and active citizenry to support
your activities.
"Because you are most
familiar with your
community, you are in
the best position to
develop plans to prevent
emergency situations."
SERCs designated
emergency planning districts
for which LEPCs have been
named, Thirty-Jive states
used existing local
government subdivisions
(counties, municipalities, or a
combination of the two). Ten
states and one territory
named existing regional
response or planning
districts. Five states
designated the entire state
as the planning district
Overall an estimated 4.000
districts have been
designated across the
country. Some states have
allowed local Jurisdictions to
consolidate into multi-
Jurisdicttonal districts to form
their LEPC.
-------
PAGE 4
1
1
1
Jl
II
II
II
1
1
1
1
1 1 1
1
'The SERC should serve
as your link to state
agencies."
All states as well as the
District of Columbia. Puerto
Rico, and American territories
have established SERCs.
Some states, such as
Nebraska and Mississippi,
have named a single state
agency to act as the SERC.
Others, such as Montana,
have drawn members from a
number of state agencies.
Many states have included
local officials, industry
representatives, and the
public as well as state
officials; for example, the
Ohio SERC has 14
representatives of state
agencies and 17 members
drawnfrom industry, public
interest groups, and local
officials.
Work with Tour SERC
You should look upon your SERC as a resource that
can provide support and might save you time and
money. The law requires SERCs to provide coordination
and oversight of LEPCs; the SERC should serve as your
link to state environmental and health agencies as well
as to state law enforcement and emergency manage-
ment offices. These agencies may be able to provide
technical assistance and guidance. The SERC is also
your link to the Regional Response Team (RRT), which
is available to review plans from state priority areas and
provide information on federal assistance during an
emergency.
Your SERC may be able to provide you with some of the
following kinds of assistance:
• Planning assistance, plan testing, and training;
• Information on sources of funding;
• A storage/retrieval location for computerized infor-
mation, as well as other information management
assistance;
• Contact with statewide and possibly national
industry groups that can help you with information
and expertise;
• Workshops that focus on Title in issues;
• Data on chemicals being transported on interstate
and state highways that pass through your plan-
ning district: and
• Literature that can be used to inform the public
about Title in.
Because the SERCs will be reviewing all LEPC plans,
they will have information and ideas they can pass on to
you. Working with your SERC at an early stage win
be to your benefit.
-------
PACES
Knowing the Law
Title m is a complex law that places a number of re-
quirements on you. your SERC, facilities, and EPA. To
carry out your role, it is important that you understand
the law.
One part of Title m that has confused some LEPCs in-
volves the various information reporting requirements.
You will receive different kinds of information from fa-
cilities about chemicals on several lists. This informa-
tion must be made available to the public through the
LEPCs and SERCs. Facilities may also give you infor-
mation that they are required to submit only to the
SERCs and EPA. The following is a summary of the
Title m reporting requirements.
• Emergency Planning (section 303). Facilities that
have one or more of 366 extremely hazardous
substances in quantities above limits set by EPA
(threshold planning quantities) must notify you
that these substances are present. Substances are
included on the list of extremely hazardous sub-
stances because they are acutely toxic, that is.
they can cause death or injury with a brief expo-
sure. In addition to facilities that handle these
chemicals. Title m requires you to identify any
other facility that could pose a risk or be at risk
(e.g.. hospitals or facilities that handle explosives
or flammable substances). A comprehensive plan
will include all facilities and transportation routes
that you judge to pose a threat even if they do
not handle extremely hazardous substances.
• Emergency Notification (section 3041. You and the
SERC will receive emergency information (e.g..
identity of the substance released, the quantity re-
leased, health effects) about accidental releases of
chemicals on the extremely hazardous substances
list, as well as substances covered by Superfund.
the hazardous substance cleanup program. As
soon as possible after an accident, the facility must
submit a written follow-up notice with additional
information.
A complete copy of the law Is
available in the United States
Code (42 USC 11001 et seq.)
and can be obtainedjram. the
federal and state govern-
ments, most attorney's
offices, many public libraries,
and aJL law libraries.
EPA. the states, industry,
and public interest groups
have published a number of
fact sheets and guides to
TUte m requirements.
Videotapes and slide shows
are also available. See
"Information Resources'" at
the end of this booklet for a
list of some of the available
brochures and information, on
haw to obtain mem.
If you need ideas on how to
organize your LEPC, what to
include in your plan, and
how to arrange your plan,
consult we Hazardous
Materials Emergency
Planning Guide (NRT-1),
published by me National
Response Team in March
1987. NPT-1 contains a
sample plan outline as well
as the key elements mat
should be included in your
plan. (See "Information
Resources" at the end of this
booklet for information on
obtaining NRT-1.)
-------
PACE 6
Tennessee is making data
submitted under Titie UI
easier for its LEPCs to use.
The Tennessee Emergency
Management Agency CTEMA)
has developed its own format
for the MSDS information
submitted under Sections
311 and 312. The
reorganized data is divided
into 3 general areas:
•Baseline data, (facility
and contact, local fire
department, TEMA
region);
• Compliance data; and
MChemical lists.
The reorganized data is
provided to the LEPCs.
TEMA has also developed a
tracking system for data
submitted under Sections
302, 304, and 313. To help
the LEPCs understand the
data, how it can be obtained,
and how it can be used for
planning, TEMA has held
workshops for LEPCs.
• Hazardous Chemical Reporting (sections 311-12).
Each LEPC. SERC, and local fire department
will receive information on hazardous chemicals for
which the Occupational Safety and Health Admini-
stration (OSHA) requires industry to have Material
Safety Data Sheets (MSDSs). MSDSs include the
basic characteristics of the chemical involved; this
information can be used for emergency planning,
response, and other public purposes. Under sec-
tion 311 facilities must submit either the MSDS
for each chemical or a list of MSDS chemicals.
Under section 312 each facility must submit an in-
ventory form that includes general information on
the quantity and location of OSHA-regulated haz-
ardous chemicals it handles and stores.
• Toxic Release Inventory (section 3131. EPA head-
quarters and the states will receive information
about total annual releases to air. land, and water
of over 300 toxic chemicals and 20 chemical
categories listed under section 313 of Title in. EPA
is required to make this information available to
the public through a data base. In general, the
chemicals on the section 313 list are those that are
toxic, are suspected carcinogens, or are capable of
having a significant adverse effect on the environ-
ment. Although industry is not required to submit
the release information to your LEPC, some com-
panies may provide it to you directly. You should
request it from the state or facilities or access the
EPA data base. This information will assist you in
developing a full picture of chemical hazards for
your community and for individual facilities. The
public may request it and you can anticipate ques-
tions on this information.
In summary, your plan must include facilities that have
extremely hazardous substances. You will receive infor-
mation about other chemicals. Together these four
reporting requirements provide a broad picture of haz-
ardous chemicals present in your community. The infor-
mation you receive will help your planning and make it
easier for you to make decisions about the potential
hazards posed by these chemicals in your community.
-------
PACE?
Get Everyone Involved
Congress required that LEPC meetings and decisions
involve public participation and that you provide the
public with access to the information you receive. The
right-to-know provisions of Title ffl are meant to give the
LEPC and the public information about chemical haz-
ards and to involve the entire community in a process of
protecting public safety and health and the environ-
ment
LEPCs are to be broad-based and include, at a mini-
mum, representatives of elected officials, law enforce-
ment, emergency management, fire service, emergency
medical services, health, local environmental and trans-
portation groups, hospitals, the media, community
groups, and owners and operators of the facilities cov-
ered under Title m. The average LEPC has about 15
members.
Regardless of the number of members, you must be
sure that the LEPC membership represents the entire
community, particularly those people who will have to
make the plan work in an emergency. Your plan is
more likely to be carried out successfully if the people
who have to use it have a voice in creating it In addi-
tion, wide-ranging community involvement will increase
the credibility of the plan and improve community co-
operation in an emergency.
Leadership Is Critical
The LEPC chairperson can be any LEPC member. Some
LEPCs have chosen political leaders; others have ap-
pointed representatives from public safety departments,
emergency management agencies, environmental agen-
cies or groups, industry, or civic organizations. Impor-
tant factors to consider are the leader's availability,
credibility, management and communications skills,
commitment to the process, and the degree of respect
the person has from other members and the commu-
nity.
Because LEPC members have diverse backgrounds and
perspectives, conflicts could arise. Members should see
their role as providing their particular expertise, rather
than representing a specific organization. For example,
the media representative does not represent a newspa-
per or broadcast station looking for a story, but rather
is there to ensure that communications issues are ad-
dressed adequately.
'The LEPC membership
represents the entire
community."
The Baytown, Texas, LEPC
createdjatnt industry/non-
industry co-chairs for the
LEPC as a whole and for
individual subcommittees.
The LEPC wtti include
representatives from the
following:
Petrochemical industry
Baytown Health Department
Houston Emergency
Management
Fire Department
Police Department
American Red Cross
City Safety Coordinator
City Public Works /
Engineering
Office of the state senator
Baytown Emergency
Management
Baytown City Manager
Baytown newspaper
Local radio station
Medical community
School district
Women's Club
Chamber of Commerce
Baytown Emergency Services
Environmental groups
Private citizens
-------
PAGES
"Subcommittees allow
members to specialize
and help move the
process forward."
The Racine. Wisconsin, LEPC
has established 7 standing
subcommittees:
Medical and Community
Health
Fire Service
PubUc Information, and Media
Relations
Law Enforcement
Facilities
Liaison (with SERC. EPA)
Border (for cross-county
planning)
Appoint Subcommittees
Large LEPCs have found that dividing the work among
subcommittees can facilitate planning and data man-
agement. Subcommittees allow members to specialize
and help the process move forward more quickly be-
cause you can work on several areas at one time. You
might appoint subcommittees for the following tasks:
• Gathering and reviewing existing community and
facility plans;
• Making a list of existing response equipment avail-
able in the community;
• Identifying financial resources;
• Coordinating with neighboring LEPCs and the
SERC;
• Conducting a hazards analysis;
• Managing information (e.g., MSDSs); and
• Replying to citizens' requests for information.
-------
PAGE 9
Encourage Compliance
Businesses that manufacture, process, or handle any
hazardous or toxic chemicals in quantities above EPA's
limits must comply with Title m. However, small compa-
nies that use hazardous substances and perhaps even
larger businesses that do not usually think of themselves
as involved with chemicals may need your help. Be-
cause some small businesses may not be aware of Title
ffl, let alone that they are subject to its provisions, one of
your first jobs will be outreach - getting the message
to small businesses, as well as large companies, to
encourage their compliance.
Many business owners belong to organizations such as
the Chamber of Commerce, Rotary, and local manufac-
turers'associations. Speaking to meetings of these
groups and using their newsletters can help get the
message out inexpensively. If you, your SERC, local in-
dustries, or trade associations have printed brochures
about Title m, you may be able to include the brochures
in a newsletter mailing. Some LEPCs have sent notices
to industry in utility bills. You may also want to have
your SERC contact statewide trade associations and use
their newsletters, meetings, and trade shows to reach
particular groups of small businesses that might not be
aware of Title ffl.
Local governments may also be covered under Title ffl.
For example, municipal water and sewage treatment
plants may use chemicals that are listed as extremely
hazardous substances. Transit authorities may also
handle extremely hazardous substances in sufficient
quantity to be covered by Title ffl. You may be able to
use the appropriate representatives on your LEPC to
ensure that such local agencies are aware of the require-
ments.
"Small companies that
use hazardous sub-
tances may need your
help."
Reaching the back shop
electroplating plant with its
5,000-gaUon dip tank of
sulfuric acid was the concern
of Bob Straw, chairman of
the York County,
Pennsylvania, LEPC. Straw
included a member of the
county manufacturers
association on the LEPC to
serve as a link to these small
businesses. He also
appointed the county
agricultural agent to help the
committee contact farmers.
Through these people. Straw
was able to put notices about
Title m requirements in
newsletters from the
manufacturers'association
and the local Chamber of
Commerce.
j York County j^v^
-------
PAGE 1O
Title m (section 303) requires
that apian include at least the
following:
1 .Facilities that have extremely
hazardous substances
(EHSs), routes used to
transport EHSs, and other
facilities contributing to or
subject to risks;
2.Methods and procedures to
be followed by facilities and
responders during an
incident;
3.Designation of community
and facility emergency
coordinators;
4.Proceduresfor effectively
notifying the community of a
release;
5.Methodsfor determining the
occurrence of a release and
identifying areas likely to be
affected;
6.Emergency equipment and
facilities In the community
and at covered facilities;
7.Evacuation plans;
S.TraJning programs; and
9.Methods and schedules for
testing the emergency plan.
In addition, plans should
clearly identify a chain of
command during response
actions and provide for
effective communications
among those who respond.
See NPT-1 for a detailed
discussion of elements to be
included in an emergency
plan.
Draw on Existing Plans
Existing plans developed specifically for your area may
include information about issues, such as transporta-
tion routes, that you will need to consider. You can
reduce your planning load by "piggybacking" on these
plans; that is, you can use the information and ideas in
existing plans as a basis for developing elements of your
plan. Before using information from other plans, how-
ever, be sure it is up-to-date and relevant to your plan.
• If your area has an "all-hazard emergency opera-
tions plan" funded by FEMA, or other state or local
plans, you may be able to integrate your Title in
plan into the overall plan as an appendix (see
NRT-1).
• If your area is near a nuclear power plant, check
existing plans for traffic control, evacuation, or
sheltering provisions; many such provisions may
be applicable to planning for chemical emergen-
cies.
• If hospitals in the area already have mass casualty
plans, you can probably incorporate portions of
these.
• If your fire departments have mutual aid agree-
ments with other jurisdictions, you will probably
want to integrate these into your Title HI plan.
• If local facilities have plans developed under the
Chemical Manufacturers Association's Community
Awareness and Emergency Response program
(CAER), you may be able to incorporate these.
Developing an emergency plan is time-consuming.
Some possible short-cuts, such as using a "model
plan," are not only contrary to the intent of Title HI
planning but more importantly will reduce effective
local preparedness in the long run. "Model plans" have
generalized language appropriate for any planning
district, with blank spaces in which a LEPC can insert
specific local information. Using a model plan does not
encourage the active participation of all LEPC members
In the planning process and does not recognize unique
local issues.
-------
PAGE 11
Set Priorities
Title ffl sets October 17, 1988, as the deadline for each
LEPC to complete a plan. While you must have a first
plan by this date, you may not have a comprehensive
plan completed by the deadline. As you work toward
the October 17 deadline, you will need to set priorities.
To determine which facilities you should plan for first,
do a hazards analysis in order to identify those that
pose the greatest risk. These can be facilities that
handle large quantities of extremely hazardous sub-
stances, facilities that have had serious releases in the
past, or facilities that are close to highly populated
areas. Then focus your planning efforts on the high
priority hazards.
Technical Guidance fof
Analysis - Emergency
Substances (pre-
pared by EPA, FEMA, and the U.S. Department of
Transportation (DOT)) provides technical assistance to
LEPCs to assess the hazards related to potential air-
borne releases. (See "Information Resources" at the end
of this booklet for information on how to obtain this and
other documents mentioned.)
You can follow the guidance to decide which hazards
pose the greatest risk and develop plans for high prior-
ity hazards before the October deadline. You should
then expand the plan, where needed, to cover the lower
priority hazards in your area. The exercises or simula-
tions you run to test your community's ability to re-
spond to an emergency and your annual plan reviews
will provide the basis for revising the plan and for devel-
oping standard operating procedures for responders.
"Develop plans for high
priority hazards before
the October deadline."
A hazards analysis is
essential to developing a
plan. As used inNRT-1 and
in the Technical Guidance the
term "hazards analysis"
includes three steps:
Hazards Identification:
determining the identity,
location, and quantity of
hazardous chemicals, and
the hazards they pose.
Vulnerability Analysis:
determining the areas,
populations, and facilities
that may be vulnerable to
harm if a release occurs.
Risk Analysis: determining
the likelihood of a release
and the seventy of the
consequences.
A community hazards
analysis should not be
confused with facility risk
assessments or hazard
evaluations, both of which
involve formal techniques
requiring technical experts.
-------
PAGE 12
"Some of your best
sources of help are the
organizations in your
community that deal
with emergencies."
In Pampa, Texas, the fire
department is expanding an
existing program in which
every business in the city is
inspected annually for Jfre
hazards. During the
inspections, a hazardous
materials response team
member surveys the facility
to determine reportabte
chemicals, informs the owner
or operator about Title HI,
and assists with reporting
procedures. This not only
helps planning, but also
enhances the department's
relations with the public.
The Butler, Kansas, LEPC
found help in an unlikely
place: the state prison honor
camp. A well-educated
inmate was working as ajtte
clerk in the Health
Department The LEPC got
him interested in Titie UI and
he directed the county's
hazardous materials survey.
Butler
Make the Best Use of Available Resources
Because LEPC members are likely to have full-time
jobs, you will need to be creative in your use of commu-
nity resources to help carry out the LEPC's functions.
Many LEPC members will be able to call upon their or-
ganizations' staff for some support functions. Commu-
nity groups, volunteer organizations, environmental and
public interest groups, and industry may be able to
provide administrative and secretarial support. Techni-
cal support may be available from science and engineer-
ing facilities at local colleges or high schools, from
industry, or from retired scientists and engineers.
Some of your best sources of help for planning and
outreach are the organizations in your community that
deal with emergencies. For example, fire departments
can help analyze hazards and assess potential risks;
police departments may have information about pos-
sible evacuation routes: the local emergency manage-
ment agency can provide information on existing emer-
gency procedures.
LEPC members represent a wide range of community
agencies and organizations. Maximize your capabili-
ties by using the LEPC members as contact points to
identify people within the community who can provide
you with specific help.
-------
PAGE 13
Talk with Neighboring Communities
Consult with your neighboring LEPCs, especially if
you have common risks and concerns. In an emer-
gency, you may have to call on them for help or they
may call you. In many cases, plans must include sev-
eral communities to be effective. Consider the need to:
• Identify whom to call in other planning districts if
you need help in an emergency:
• Ask them how they are funding their activities;
• Identify available response equipment and person-
nel;
• Negotiate procedures for mutual assistance for
emergencies that cross boundary lines;
• Coordinate your hazards analyses:
• Coordinate your review of transportation routes:
and
• Investigate sharing computers or other resources.
Each LEPC should consider its neighboring LEPCs as
partners and resources. They share your problems;
working with them may help you find common solu-
tions.
"Consider your
neighboring LEPCs as
partners and resources."
When the hazards analysis
subcommittee of the Prince
William County, Virginia,
LEPC needed information on
transportation routes, one
subcommittee member
suggested that neighboring
LEPCs might have
information because the
types and quantities of
hazardous materials
transported on the Interstate
highway through Prince
William County would, be
roughly the same on other
segments of the highway.
After he began asking other
planners in the area for
information on the
availability of transportation
data bases for the highway,
it was discovered that the
State of Virginia had such a
database.
-------
PAGE 14
The Chemical Transportation
Emergency Center
(CHEMTREC), operated by
CMA, provides information
and assistance to first
responders at the scene of a
chemical release.
CHEMTREC contacts the
shipper or producer of the
material for more detailed
information, including on-
scene assistance when
feasible. CHEMTREC
provides a digital
transmission of the chemical
report, which includes data
on the hazards, protective
actions needed, mitigation
techniques, and first aid. For
emergencies involving
chlorine, a call to CHEMTREC
will activate the mutual aid
program operated by the
Chlorine Institute, the
Chlorine Emergency Plan.
The initial process of data
collection creates a dialogue
between the LEPC and
chemical facilities that may
lead to prompt safety
results. The Washington,
DC, LEPC has met with an
official of each industry that
uses extremely hazardous
substances within the city.
Discussions led to
immediate commitment by
one industry to reduce the
amount of ammonia on site.
The city's sewage treatment
plant will reduce its storage
of chlorine by 60 percent
Industry's Role
Title ni requires each facility owner or operator with
extremely hazardous substances to promptly provide
you with any information you need to develop and im-
plement the emergency plan. Title HI also requires
these facilities to designate a facility emergency coordi-
nator. Experience has shown that many facility emer-
gency coordinators will be eager to cooperate with you.
They can provide:
• Technical experts;
• Community awareness programs;
• Training and safe handling instructions;
• Access to non-emergency chemical information
through the Chemical Referral Center (see
"Information Resources'!;
• Computer assistance; and
• Information about transportation routes.
Facility hazard information, safety audits, and emer-
gency plans are a good starting point for information-
gathering and planning.
The Chemical Manufacturers' Association (CMA), a
trade association for chemical companies, developed the
Community Awareness and Emergency Response
(CAER) program to encourage chemical plant managers
to take the initiative in opening a dialogue and cooper-
ating with local communities to develop integrated
hazardous materials response plans. Even if you have
no CAER facilities in your distrct, CAER resources (e.g.,
"CAER Program Handbook") can be useful to LEPCs.
See "Information Resources" at the end of this booklet
for information on obtaining CMA publications.
-------
PAGE 15
g information
Title m requires local facilities to give you information
on a variety of substances. You are probably already
facing the problem of how to cope with all this material.
As you develop strategies to deal with the material, keep
in mind that*
• You must have procedures for making the material
available to the public;
• You are required to designate an information coor-
dinator; and
• You must be able to access the information quickly
In an emergency.
LEPCs are using a number of approaches to organize
the Title m materials. Some LEPCs are able to manage
the data manually using the LEPC members or staff.
Other LEPCs manage the data using their own comput-
ers or those of other agencies with systems and infor-
mation management techniques already in place.
If your LEPC wants to use a computer to handle the
information but does not have the funds to buy one, you
may be able to enlist the help of your local fire depart-
ments. local governments, state agencies, or local busi-
nesses. They may have computers, software, and staff
who can help organize the data. In the case of fire
departments, or other government agencies, they may
already have data bases that can be expanded to in-
clude your information.
One method of controlling the amount of data you have
to handle is to encourage facilities fulfilling MSDS re-
quirements to supply a list of the chemicals for which
MSDSs are required, rather than to supply the MSDSs
themselves. You can then request MSDSs on those
chemicals that are of particular concern. If you need
more information on certain chemicals, you can draw
on a number of data bases maintained by federal agen-
cies (see "Information Resources") and on CMA's Chemi-
cal Referral Center (1-800-262-8200), which provides
access to chemical information In non-emergency situ-
ations.
For some LEPCs. developing
a system for accessing
information during an
emergency will be challeng-
ing. Areas having one or two
facilities may be able to store
files on emergency response
vehicles far now. However,
communities receiving large
volumes of information will
need other approaches. A
number of communities are
exploring computer systems
or asking facilities to set up
lock boxes on. site that
contain the information about
the facility.
Kansas is planning to set up
on integrated computerized
data base to handle all Tttle
m information submitted in
the state. LEPCs will be able
to use the system to gain
access to chemical data and
tofeedittoresponders. The
state also hopes to make the
information available on
computer disks for libraries
so the public will be able to
check on localfactiities if
they wish.
-------
PAGE 16
"Educating the public
about risks and
involving them in
decisions are important
challenges for LEPCs."
TTieSERC and local
industries way be able to
help you with risk
communication. EPA has
published a short pamphlet,
mfrionmentaZ
which can help you
deal with both (he public and
the press,
#4. which
summarizes the results of a
conference on risk
communications. CMAand
me New Jersey Department
of Environmental Protection
have also published material
on this subject
Responding to Public Requests
Title in gives the public the right to obtain copies of
information the facilities submit to you. You should
keep this in mind when you develop methods of organiz-
ing information. For instance, you may want to file the
data by facility for emergency purposes, but the public
may be more interested in obtaining information on all
the facilities in the area using a particular chemical.
Reserve some of your LEPC resources for responding to
public requests for information.
Simply providing the information may not be enough;
you may also have to help the public understand the
risks posed by certain substances and certain situ-
ations. Although it has often been left to technical
experts, educating the public about risks and involving
them in decisions about what is an "acceptable" level of
risk are important challenges for LEPCs. The LEPC, as
the focal point for public discussion, can help reach a
common understanding of the risks in the community
and can help communicate this information to the
general public.
Sometimes, anger about what the public perceives as
risky situations arises not so much from the actual risk.
as from people's feeling that they have no control over
what is happening to them. You can mitigate this by in-
cluding the public in the decision-making process from
the beginning.
-------
PAGE 17
Liability
Check with your SERC about your state law and ask
about liability considerations and protection. Some
LEPCs and individual LEPC members have expressed
concern that they might be held legally liable if they
approve an emergency response plan that proves to be
inadequate during an accident. SERCs are generally
considered state agencies and are, therefore, covered by
the state's immunity provisions. Some states have
extended this immunity to LEPCs through laws or
through legal decisions. Others have provided liability
coverage for LEPCs.
Funding Tour Activities
When Title in was passed. Congress did not provide
funding for most of the required activities. Some states
and communities have appropriated general revenue
funds for LEPC activities: others are relying on imple-
mentation fees and existing state agency budgets. Be-
cause states have limited resources, each LEPC must
find the means for achieving its goals. Some LEPCs will
do their work with little additional money. Your LEPC
members may already be donating their time.
LEPCs and Computers
You may have decided that the right computer could
help you with your LEPC tasks. Available software can
provide you with a way to store information submitted
by facilities, conduct hazards analyses, map hazards in
your community as part of your planning process, and
store information on the properties and health risks
posed by chemicals in your area. Appendix K of the
Technical Guidance for Hazards Analysis includes
information on computer applications for emergency
response planning.
Virginia has obtained a
commitment from the State
Division of Risk Management
to provide insurance
coverage for LEPC members
far any claims made against
them as LEPC members.
Some LEPCs are tapping
local businesses and
agencies for cost-saving
services and donations.
Local colleges and
universities may be a source
of volunteer data collectors.
planners, and programmers.
EPA has made chemical data
bases available to states, the
public, and private sector
computer firms. EPA has
also collaborated with the
National Oceanic and
Atmospheric Administration
(NQAA) to develop the
Computer-Aided
Management of Emergency
Operations (CAMEO) program
to help emergency planners .
-------
PAGE 18
"Maximize the impact of
training programs and
other information
programs."
InFYl 987 Kansas received
$51,000 and California
$334,000 under Tttie m. AR
states received some of the
federal training grantjunds.
Kansas added $10,000 in
state funds to begin separate
training seminars for LEPC
members and first
responders. These funds are
being admtsistered by FEMA.
Check with your SERC to
learn how to apply for
federal Junds and to see
what state training programs
may be available to you.
"LEPCs have the
authority to initiate
legal actions."
Training
Title III mandated federal emergency training courses to
emphasize hazardous chemicals. Congress authorized
$5 million a year for 1987 through 1990 for Title ffl
training funds to help state and local governments im-
prove emergency planning, preparedness, mitigation,
and response. Over the past two years, several hundred
planners from around the country have attended week-
long emergency planning training sessions at FEMA's
Emergency Management Institute in Emmitsburg, Mary-
land. These courses, sponsored by FEMA, EPA, and
DOT, are designed to train planners so they will be able
to return to states and communities to instruct others.
Consult your EPA and FEMA Regional Office for feder-
ally sponsored training courses.
One way to maximize the impact of training programs
and other information programs is to coordinate them
with other LEPCs and with industry. For example, if
your LEPC arranges a meeting with experts on transpor-
tation planning or hazards analysis, invite your neigh-
boring LEPCs to Join you. If you hear that another LEPC
is setting up a seminar that interests you. ask to partici-
pate. By doing this, you will create a network of contacts
and mutual aid that will benefit everyone.
Enforcement
Section 325 of Title III addresses the penalties for failure
to comply with the requirements of this law. Civil and
administrative penalties ranging from up to $10,000-
$75,000 per violation or per day per violation can be as-
sessed to facilities that fail to meet the emergency plan-
ning, emergency notification, community right-to-know,
toxic chemical release, and trade secret reporting re-
quirements.
Also, criminal penalties of up to $50,000 or five years in
prison may be given to any person who knowingly and
willfully fails to provide emergency release notification.
Penalties of not more than $20.000 and/or up to one
year in prison may be given to any person who know-
ingly and willfully discloses any information entitled to
protection as a trade secret. In addition, section 326
allows citizens to initiate civil actions against EPA.
SERCs, and the owner or operator of a facility for failure
to meet certain requirements of Title ffl. LEPCs have the
authority to initiate actions under the provisions for
state and local suits or under the citizen suit provisions
of section 326.
-------
PAGE 19
CHECKLIST'
Q Make sure your LEPC membership is broad-based and representative of your com-
munity.
Q Develop a plan for financing your LEPC.
Q Organize your LEPC to use available resources such as trade and volunteer organi-
zations.
Q Develop a public education and information program to:
- Involve the public in the planning process;
- Respond to requests for information; and
- Help the public understand the risks.
Q Take steps to reach small businesses in your community.
Q Organize your LEPC into functional subcommittees to make the tasks more manage-
able.
Q Include all appropriate agencies, departments, or organizations in the process of
developing or reviewing the emergency plan.
Q Complete a hazards analysis that:
- Identifies the types and locations of hazards;
- Identifies the vulnerable zones and human populations at risk; and
- Assesses the likelihood of an accident and the severity of consequences to
humans.
Q Identify available emergency equipment, personnel, and facilities:
- In the community;
- At facilities; and
- In the region.
Q Identify (by title or position) the one individual responsible for each participating
organization during a response, as well as the one individual responsible for each
major response function and service.
Q Develop a program to:
- Train emergency personnel to carry out your plan; and
- Test the plan and revise it.
Q Obtain the Toxic Release submissions for your area in order to develop a full
picture of chemical hazards for your community and for individual facilities.
Q Review all chemical information you receive for your area and work to reduce
risks.
Tor an extended list of criteria, see NRT-1.
-------
PAGE 20
INFORMATION RESOURCES
EPA has a number of brochures that you may find helpful. For technical and regulatory
assistance on Title IH call: (800) 535-0202 (or 202-479-2449 in Washington DC and
Alaska). EPA requests that you do not call to obtain documents; write:
Emergency Planning and Community Right-to-Know Information
U.S. Environmental Protection Agency
OS 120
401 MSt., SW
Washington. DC 20460.
FEMA can provide information on training. FEMA and the US Department of Transpor-
tation (DOT) sponsor the National Hazardous Materials Information Exchange (HMDQ.
For HMIX call 1-800-752-6367 (in Illinois call 1-800-367-9592). For computer access.
call FTS 972-3275 or 312-972-3275. A bulletin board with information from and for
LEPCs will soon be available from HMIX. For information on training, write:
Federal Emergency Management Agency
Federal Center Plaza
500 C St.. SW
Washington, DC 20472
(202) 646-2969.
CMA The Chemical Manufacturers Association, a trade association for chemical
companies, publishes a number of booklets which you may buy. For a list of
materials available from CMA and the costs, write:
CMA
2501 M St.. NW
Washington. DC 20037
(202) 887-1255.
The Working Group on Community Right-to-Know is a coalition of public interest
and environmental groups, which provides packets of material related to Title III. The
coalition requests donations to cover the cost of copying and mailing. For information,
write:
Working Group on Community Right-to-Know
218 D St.. SE
Washington, DC 20003
(202) 544-2600.
-------
PACE 21
INFORMATION RESOURCES
The Center for Emergency Response Planning (CERP) is a consortium of industrial
union departments. AFL-CIO, and the Workplace Health Fund. CERP is involved in
planning, information dissemination, and research. CERP can provide: educational
resources for workers, labor officials, and community leaders; planning assistance to
worker representatives on LEPCs; and general chemical information through unions.
For further information, call:
Center for Emergency Response Planning
Workplace Health Fund
815 16th St.. NW
Washington. DC 20006
(202) 842-7834
The National Response Center provides a single, continuously staffed location that re-
ceives and refers for action or investigation, all reports of environmental incidents
throughout the United States. To report an incident, call:
1-800-424-8802
-------
PAGE 22
INFORMATION RESOURCES
(See page 20 for Information on how to contact EPA, FEMA, CMA and
the Working Group on Community Right-to-Know.)
RESOURCE
HOW DO YOU GET IT?
The law itself
Title in Fact Sheet
Using Community
Right-to-Know:
A Guide to a New Federal Law
EPA Title ffl Section 313
Release Reporting Requirements
Chemicals in Your Community
Community Right-to-Know and
Small Business
Title HI Community Awareness
Workbook
Community Guide to Title HI
What Is the Emergency Planning
and Community Rlght-to-Know
Act?
Reducing the Risk of Chemical
Disaster A Citizen's Guide to
the Federal Emergency Planning
and Community Right-to-Know
Act
Understanding Title III
(video)
The Toxics Release Inventory
(video)
SERCs. law libraries, many public libraries, EPA
EPA
OMB Watch
2001 O St.. NW
Washington. DC 20036
202-659-1711
EPA
EPA
EPA
CMA
CMA
Working Group on Community Right-to-Know
National Wildlife Federation
Environmental Quality Division
1400 16th St.. NW
Washington, DC 20036
202-797-6800
CMA
Color Film Corp.
Video Division
770 Connecticut Ave.
Norwalk,CT 06854
800-882-1120
-------
PAGE 23
INFORMATION RESOURCES
(See page 20 for information on how to contact EPA. FEMA. CMA and
the Working Group on Community Right-to-Know.)
RESOURCE
HOW DO YOU GET IT?
•a
CJ
o
Title in List of Lists
EPA
Hazardous Materials Emergency
Planning Guide (NKT-1)
Guide for Development of
State and Local Emergency
Operations Plans (CPG 1-8)
Community Awareness and
Emergency Response Program
Handbook
Computer-Aided Management of
Emergency Operations (CAMEO)
(software)
EPA, FEMA. SERCs
FEMA
CMA
CAMEO Data Base Manager
NOAA/Hazardous Materials Response Branch
7600 Sand Point Way NE
Seattle. WA 98115
(206) 526-6317
Emergency Management
Handbook
Technical Guidance for
Hazards Analysis (EPA. FEMA.
DOT)
Computer-Aided Management of
Emergency Operations (CAMEO)
(software)
Hazard Assessments and Plume
Mapping Documents for LEPCs
IAFC
1329 18th St.. NW
Washington. DC 20036
EPA. SERCs
CAMEO Data Base Manager
NOAA/Hazardous Materials Response Branch
7600 Sand Point Way NE
Seattle, WA 98115
(206) 526-6317
Working Group on Community Right-to-Know
Chemical Transportation
Emergency Center
(CHEMTREC)
Hazard Information Transmission
(HTT)
For emergencies: 800-424-9300
Other information: (202) 887-1255
CHEMTREC/CMA
(Service is free, but you must preregister, contact CMA)
-------
PAGE 24
INFORMATION RESOURCES
(See page 20 for information on how to contact EPA, FEMA, CMA and
the Working Group on Community Rlght-to-Know.)
RESOURCE
HOW DO YOU GET IT?
I
o
2
o
g
O
American Institute of Chemical
Engineers (AIChE)
Chemical Hazards Response
Information System (CHRIS)
Chemical Referral Center (CRC)
Integrated Risk Information
System (IRIS)
Chemicals and Communities:
Chemicals and Agriculture
Call state or local chapter
U.S. Coast Guard
(202) 267-1577
CMA 1-800-262-8200
IRIS User Support
513-569-7254
(Note: IRIS is designed for people with a basic under-
standing of toxicology and risk assessment.)
Working Group on Community Right-to-Know
s
Layperson's Guide to Reading
MSDSs
Massachusetts Department of Environmental Quality
One Winter St.
Boston. MA 02108
(617) 292-5993
09
a-
Section 313 Toxic Release
Inventory Reports
Toxic Emissions
Title IH Reporting Center
P.O. Box 70266
Washington, DC 20024-0266
Attn: TRI Public Inquiry
(202) 488-1501
Working Group on Community Right-To-Know
-------
PAGE 25
INFORMATION RESOURCES
(See page 20 for Information on how to contact EPA, FEMA, CMA and
the Working Group on Community Right-to-Know.)
RESOURCE
HOW DO YOU GET IT?
LEPC Bulletin Board
State Emergency Response
Commissions
National Emergency Training
Center
Hazardous Materials Training
Manuals
Lending Library for Emergency
Responders (23 videos)
Call HMK (FTS 972-3275; (312) 972-3275
in Illinois).
See list of SERCs telephone numbers following
this table.
FEMA
Fire Protection Publications
Oklahoma State University
Stfflwater, OK 74078
(405) 744-5723
CMA
§
1
I
Explaining Environmental Risk
Preparedness and Prevention
Technical Assistance Bulletin #4
Improving Dialogue with
Communities
Risk Communication
Risk Communication,
Risk Statistics and
Risk Comparisons
Talk About Risk (video)
EPA
EPA
New Jersey Dept. of Environmental Protection
Division of Science and Research
Risk Communication
401 East State St., 6th Floor
Trenton. NJ 08625
Working Group on Community Right-to-Know
CMA
CMA
II
Review of Emergency Systems
Report to Congress
Section 305(b) Title HI
SARA
Emergency Warning Systems
Guidebook
EPA
CMA
-------
PAGE 26
INFORMATION RESOURCES
(See page 20 for Information on how to contact EPA, FEMA, CMA and
the Working Group on Community Right-to-Know.)
RESOURCE
HOW DO YOU GET IT?
Guidelines for Hazard
Evaluation Procedures
Hazard Assessment and Plume
Mapping
AIChE
345 East 47th St.
New York. New York 10017
(212) 705-7657
Working Group on Community Rlght-to-Know
§
33
c
Review of Emergency Systems
Report to Congress
Section 305(b) Title HI
SARA
EPA
§
*!
lo
Evaluation Guide for Computer
Applications:
Appendix K. Technical
Guidance for Hazards Analysis
Preparedness and Prevention
Technical Assistance
Bulletin #5:
Software Applicable to Title HI
EPA
EPA
-------
PAGE 27
STATE EMERGENCY RESPONSE COMMISSION
TELEPHONE NUMBERS
Alabama
Alaska
American Samoa
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
(205) 834-1375
(205) 271-7700
(907) 465-2600
Oil (684)633-4116
(602) 244-0504
(501) 562-7444
(916) 427-4201
(303) 273-1622
(303) 331-4600
(203) 566-4856
(302) 736-4321
(904) 488-1472
(404) 656-4863
(808) 548-5832
(208) 342-0031
(217) 782-2700
(317) 243-5176
(515) 281-3231
(913) 296-1690
(502) 564-8660
(504)925-6113
1-800-452-8735
(301) 331-3130
(617) 727-7775
(517) 373-8481
(612) 296-0481
(601) 960-9000
(314) 751-7929
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Puerto Rico
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
Washington, DC
(406)444-6911
(402) 471-4230
(702) 885-5375
(603) 271-2231
(609) 882-2000
(505) 827-9222
(518) 457-2222
(919) 733-3867
(701) 224-2374
(614) 644-2260
(405) 521-2481
(503) 378-3473
(717) 783-8150
(809) 722-1175
(401) 421-7333
(803) 734-0425
(605) 773-3153
(615) 252-3300
(512) 465-2138
(801) 533-5271
(801) 538-6121
(802) 828-2286
(804) 225-2635
(206) 753-2200
(304) 348-2755
(608) 266-3232
(307) 777-7566
(202) 727-6161
.S. GOVERNMENT PRINTING OFFICEi 1988-516-002/80230
-------
REMARKS OF
THE HONORABLE JAMES J. FLORID/ CHAIRMAN
SUBCOMMITTEE ON COMMERCE, CONSUMER PROTECTION
AND COMPETITIVENESS
BEFORE THE
E
FIRST ANNUAL CONFERENCE OF TH
NATIONAL INSTITUTE FOR CHEMICAL STUDIES
CHARLESTON, WEST VIRGINIA
MARCH 13, 1987
-------
GOOD MORNING, IT ISA PLEASURE FOR ME TO BE HERE THIS
MORNING. I WOULD LIKE TO COMMEND THE ORGANIZERS OF THIS
CONFERENCE FOR BRINGING INTO SHARP FOCUS THE MECHANISMS NECESSARY
TO ADDRESS THE RISKS ASSOCIATED WITH TOXIC CHEMICAL ACCIDENTS. I
REALIZE THAT OTHER SPEAKERS IN THIS CONFERENCE HAVE DISCUSSED
MANY IMPORTANT ASPECTS TO THE PROBLEMS OF CHEMICAL ACCIDENTS/ AND
I WOULD LIKE TO COMPLEMENT THOSE DISCUSSIONS BY DIRECTING MY
REMARKS TO WHAT I BELIEVE MAY BE ONE OF THE MOST IMPORTANT
'NVIRONMENTAL DEVELOPMENTS IN THE PAST DECADE,
AS PART OF THE SUPERFUND AMENDMENTS ADOPTED LAST FALL,
CONGRESS ENACTED THE EMERGENCY PLANNING AND COMMUNITY '
RIGHT-TO-KNOW ACT, THIS NEW LAW WILL RADICALLY TRANSFORM THE WAY
WE APPROACH TOXIC HAZARDS. IT WILL PLACE NEW BURDENS ON STATES
AND LOCALITIES, AS WELL AS ON THE U.S. ENVIRONMENTAL PROTECTION
AGENCY, IT WILL PLACE NEW BURDENS ON THE CHEMICAL INDUSTRY AND
OTHER COMPANIES THAT HANDLE SUBSTANTIAL QUANTITIES OF TOXIC
CHEMICALS. AND IT WILL PLACE NEW BURDENS ON THE PUBLIC WHO WILL
-------
-2-
•AVE TO LEARN AND UNDERSTAND THE NATURE AND MAGNITUDE OF THE
RISKS THEY FACE FROM EXPOSURE TO TOXIC CHEMICALS.
BUT WHAT MAKES THIS LEGISLATION SO IMPORTANT IS NOT THE
BURDENS .AND TASKS IT IMPOSES ON PEOPLE, BUT THE ENTIRELY NEW
APPROACH IT TAKES TO TOXIC HAZARDS,
FOR YEARS THERE HAS BEEN IN MANY COMMUNITIES AN ADVERSARIAL
RELATIONSHIP BETWEEN THOSE HANDLING TOXIC CHEMICALS AND THOSE WHO
MAY BE EXPOSED TO THEM. STRANGE SMELLS COMING FROM THE
NEIGHBORHOOD PLANT AND ODD BITTERNESS IN THE DRINKING WATER HAVE
RAISED CONCERN AMONG LOCAL CITIZENS. BUT RARELY DID THEY FIND
ANSWERS TO THEIR CONCERNS.
INDUSTRY REPRESENTATIVES WOULD OFTEN PROVIDE REASSURANCES BY
DOWNPLAYING THE POTENTIAL HAZARDS OF POLLUTANTS IN THE
ENVIRONMENT. BUT WHETHER THEY WERE RIGHT OR WRONG, SUSPICION
ABOUT ULTERIOR CORPORATE MOTIVES LEFT MANY PEOPLE STILL
-------
-3-
.ONDERING,
IN ADDITION/ LOCAL COMMUNITIES, ESPECIALLY FIRE AND EMERGENCY
RESPONSE PERSONNEL, FOUND THEMSELVES ILL-PREPARED TO HANDLE TOXIC
CHEMICAL ACCIDENTS BECAUSE THEY EITHER DID NOT KNOW WHAT HAZARDS
EXISTED AT A PARTICULAR PLANT OR, WHEN THEY DID KNOW ABOUT
CERTAIN HAZARDS, THEY FOUND THE TOWN LEADERS UNINTERESTED IN
COSTLY EMERGENCY PREPAREDNESS EFFORTS.
AS A PARTICIPANT IN THE DEVELOPMENT OF THE EMERGENCY PLANNING
AND COMMUNITY RIGHT-TO-KNOW ACT OF 1986, -I TOOK CAREFUL STEPS TO
ASSESS THE NEED FOR FEDERAL LEGISLATION IN THIS AREA, I FOUNb
MANY COMMUNITIES WHO EXPRESSED FRUSTRATION AT THE UNWILLINGNESS
OF THEIR CORPORATE NEIGHBORS TO DIVULGE VITAL INFORMATION ABOUT
THE TYPES OF HAZARDS THAT EXISTED ON THE FACILITY'S PROPERTY,
THE MESSAGE 1 GOT WAS THAT ANY LONG-TERM SOLUTION TO EMERGENCY
PREPAREDNESS REQUIRED MORE OPENNESS AND SHARED INFORMATION
BETWEEN THOSE HANDLING TOXIC CHEMICALS AND THOSE EXPOSED TO THEM.
-------
•4-
I WAS ALSO TOLD BY CORPORATE OFFICIALS WHO h'EEE FORTHCOMING
WITH INFORMATION THAT KEY LOCAL OFFICIALS DID NOT TAKE THE TIME
OR EFFORT TO PROPERLY ASSESS PLANNING NEEDS IN ORDER TO RESPOND
TO EMERGENCIES EFFECTIVELY. WHILE THIS LOCAL RELUCTANCE TO
PARTICIPATE IN THE PLANNING PROCESS DOES NOT EXIST EVERYWHERE, IT
BECAME CLEAR TO ME THAT ANY FEDERAL LAW HAD TO BLEND AN OPEN
EXCHANGE OF INFORMATION WITH A PLANNING INFRASTRUCTURE THAT WOULD
°UT THIS NEW INFORMATION TO ITS BEST POSSIBLE USE.
GREATER INDUSTRY ACCOUNTABILITY AND GREATER STATE AND LOCAL
RESPONSIBILITY BECAME THE CORNERSTONES OF THE FEDERAL •
RIGHT-TO-KNOW LEGISLATION. WHILE THIS LEGISLATION TRAVELLED A
ROCKY ROAD THROUGH CONGRESS/ THIS TWO-PART FOUNDATION REMAINED
INTACT FROM BEGINNING TO END. CONGRESSMAN BOB WISE AND OTHERS
LED THE FIGHT TO TOUGHEN KEY PROVISIONS OF THE LAW AND THEIR
ACCOMPLISHMENTS WILL BE FELT FOR YEARS TO COME. BUT THE
ESSENTIAL TWIN GOALS OF GREATER INDUSTRY ACCOUNTABILITY AND
-------
-5-
.EATER STATE AND LOCAL RESPONSIBILITY ARE WHAT SIGNAL THE REAL
CHANGE IN THE WAY WE WILL PREPARE FOR TOXIC EMERGENCIES,
HOW DOES THE RlGHT-TO-KNOW ACT ACHIEVE THESE OBJECTIVES?
FIRST/ THE LAW REQUIRES THE CHEMICAL AND PETRO-CHEMICAL INDUSTRY
TO PUT ALL THEIR CARDS ON THE TABLE, THE INDUSTRY IS NO LONGER
IN A POSITION TO SELECTIVELY DECIDE WHAT INFORMATION WILL BE
TURNED OVER TO THE PUBLIC. NO LONGER WILL THE INDUSTRY BE
ERMITTED TO HIDE BEHIND CLAIMS OF CONFIDENTIAL BUSINESS
INFORMATION AND TRADE SECRET PROTECTION, THE RIGHT-TO-KNOW ACT
SPECIFIES WHAT INFORMATION MUST BE MADE AVAILABLE TO THE PUBLIC
AND CAREFULLY LIMITS THE SCOPE OF TRADE SECRET PROTECTION ONLY* TO
THE NARROW AMOUNTS OF INFORMATION THAT MUST BE WITHHELD IN ORDER
TO PROTECT CORPORATE INNOVATIONS, THEY CAN WITHHOLD NO MORE AND
NO LESS.
THE REPORTING REQUIREMENTS CALL FOR FULL DISCLOSURE OF THE
NAMES AND HEALTH HAZARDS OF TOXIC CHEMICALS AT MAJOR INDUSTRIAL
-------
-6-
PLANTS ACROSS THE COUNTRY. BUT THE LAW GOES FURTHER. 'IT ALSO
REQUIRES THAT COMPANIES DISCLOSE THE AVERAGE AMOUNTS AND LOCATION
OF THESE TOXIC SUBSTANCES TO HELP LOCAL OFFICIALS ADEQUATELY PLAN
FOR EMERGENCY SITUATIONS. ALSO, THE LAW REQUIRES THAT THOSE
FIRMS HANDLING LARGE QUANTITIES OF TOXIC CHEMICALS REPORT TO THE
PUBLIC THE ANNUAL AMOUNTS OF THOSE CHEMICALS BEING EMITTED INTO
THE AIR, WATER/ AND SOIL. THIS EMISSIONS REPORTING REQUIREMENT
WILL TELL US, FOR THE FIRST TIME, THE MAGNITUDE OF OUR ROUTINE
EXPOSURE TO TOXIC CHEMICALS.
IN CONJUNCTION WITH THE NEW LAW'S REPORTING REQUIREMENTS ARE
PROVISIONS ESTABLISHING IN EACH STATE AN EMERGENCY RESPONSE '
COMMISSION AND APPROPRIATE LOCAL EMERGENCY RESPONSE COMMITTEES TO
RECEIVE INDUSTRY INFORMATION AND TO DEVELOP APPROPRIATE EMERGENCY
PLANNING PROCEDURES BASED ON THIS INFORMATION. TODAY, THIS
EMERGENCY PREPAREDNESS INFRASTRUCTURE EXISTS ONLY IN A PATCHWORK
WAY ACROSS THE COUNTRY, WITH MANY LOCAL FIRE AND POLICE OFFICIALS
WRESTLING WITH A TREMENDOUS BURDEN OF EMERGENCY PLANNING
-------
-7-
-.SPONSIBILITIES.
THE RIGHT-TO-KNOW ACT BROADENS THE CAPABILITIES OF THESE
LOCAL OFFICIALS BY REQUIRING THE U.S. EPA TO DEVELOP DETAILED
GUIDANCE-TO HELP LOCAL OFFICIALS DEVELOP EFFECTIVE EMERGENCY
RESPONSE PLANS. THE LAW ALSO REQUIRES THE STATE EMERGENCY
RESPONSE COMMISSIONS TO SERVE AS A SOURCE OF TECHNICAL AND EXPERT
ADVICE FOR THE LOCAL COMMITTEES, AND FINALLY/ THE LAW EXPANDS
"HE BASE OF LOCAL SUPPORT BY SPECIFICALLY REQUIRING THAT THE
LOCAL PLANNING EFFORT. INCLUDE NOT JUST FIRE AND POLICE CHIEFS/
BUT ALSO REPRESENTATIVES OF THE LOCAL MEDIA, LOCAL CITIZENS
GROUPS/ HEALTH OFFICIALS AND OTHER PERSONS WHO ARE NECESSARY TO A
FULLY COORDINATED AND INTEGRATED EMERGENCY RESPONSE PROGRAM,
WITH THESE TOOLS, INFORMATION AND INFRASTRUCTURE/ LOCAL
OFFICIALS ARE NOW FULLY EQUIPPED TO PLAN FOR EMERGENCIES AND
ADDRESS TOXIC HAZARDS.
-------
-8-
HbW SHOULD THESE TOOLS BE USED? I BELIEVE THAT, AS A
STARTING POINT/ ANY LOCAL PLANNING EFFORT SHOULD CAREFULLY FOCUS
ON A THOROUGH RISK ASSESSMENT OF THEIR COMMUNITY, ONLY BY
GAINING A COMPLETE UNDERSTANDING OF THE RISKS FACED BY THE
COMMUNITY WILL LOCAL OFFICIALS BE ABLE TO DEVELOP SENSIBLE
EMERGENCY RESPONSE CAPABILITIES. TO MAKE WELL-FOUNDED RISK
MANAGEMENT DECISIONS, THE LOCAL EMERGENCY RESPONSE COMMITTEES CAN
x
USE THE CHEMICAL REPORTING INFORMATION REQUIRED UNDER THE
RIGHT-TO-KNOW ACT, BUT, IT MUST BE RECOGNIZED THAT THIS
INFORMATION, ALTHOUGH EXTREMELY USEFUL, SHOULD NOT BE RELIED UPON
TO THE EXCLUSION OF OTHER INFORMATION,
IN PARTICULAR, I WOULD COMMEND EACH OF YOU TO READ A
LITTLE-NOT ICED, BUT CRITICALLY IMPORTANT PROVISION IN THE
RIGHT-TO-KNOW ACT — SECTION 303(D). IT is WORTH CITING THIS
SPECIFIC PROVISION BECAUSE OF THE POTENTIAL BREADTH OF ITS
EFFECT, SECTION 303(D) SAYS THAT, UPON THE REQUEST FROM A LOCAL
EMERGENCY PLANNING COMMITTEE, THE OWNER OR OPERATOR OF ANY
-------
-9-
JCAL EMERGENCY PLANNING COMMITTEE, THE OWNER OR OPERATOR OF ANY
FACILITY SUBJECT TO THE EMERGENCY PLANNING PROVISIONS OF THE ACT
MUST PROMPTLY PROVIDE INFORMATION TO THE COMMITTEE "NECESSARY FOR
DEVELOPING AND IMPLEMENTING THE EMERGENCY PLAN." THE U.S. EPA,
THE STATE EMERGENCY RESPONSE COMMISSION AND EVEN THE LOCAL
EMERGENCY RESPONSE COMMITTEES THEMSELVES ARE AUTHORIZED TO
ENFORCE THIS FAR-REACHING REQUIREMENT AGAINST RECALCITRANT
FACILITIES,
WHAT THIS PROVISION MEANS is THAT EMERGENCY RESPONSE
COMMITTEES CAN OBTAIN ALL THE INFORMATION THEY NEED TO PLAN FOR
EMERGENCY SITUATIONS/ NOT JUST THE INFORMATION REQUIRING '
REPORTING UNDER THE ACT, TO BE SURE/ THE ACT'S REPORTING
REQUIREMENTS OFFER A TREMENDOUS AMOUNT OF INFORMATION TO THE
LOCAL COMMITTEES, BUT SECTION 303(D) WILL FILL ANY GAPS AND PLUG
ANY LOOPHOLES IN THE ACT'S REPORTING REQUIREMENTS.
LET ME GIVE YOU AN EXAMPLE OF HOW SECTION 303 (D) MIGHT WORK
-------
-10-
IN PRACTICE, SUPPOSE A LOCAL EMERGENCY COMMITTEE IS TRYING TO
ASSESS AND PLAN FOR THE TOXIC RISKS OF A COMPLEX CHEMICAL PLANT
IN ITS NEIGHBORHOOD. THE COMMITTEE HAS RECEIVED A LIST OF THE
TOXIC CHEMICALS AT THE PLANT/ THE AVERAGE AMOUNTS HANDLED AND THE
ANNUAL ESTIMATES OF EMISSIONS/ ALL REQUIRED TO BE REPORTED UNDER
THE ACT. BUT/ AS MANY OF YOU KNOW/ CHEMICAL PLANTS HANDLE THEIR
CHEMICALS IN A VARIETY OF WAYS. SOMETIMES THESE SUBSTANCES ARE
STORED UNDER INTENSE PRESSURE OR AT HIGH TEMPERATURES. THE RISKS
ARE VERY DIFFERENT DEPENDING ON THE MANNER OF USE AND STORAGE OF
THESE TOXIC SUBSTANCES.
CONSEQUENTLY/ THE LOCAL COMMITTEE WILL LIKELY WANT TO CONDUCT
A COMPLETE HAZARD ASSESSMENT OF THE FACILITY TO DETERMINE IN A
MORE EXACT WAY THE TRUE RISKS FROM THE PLANT. USING SECTION
303(D), THE LOCAL COMMITTEE CAN RECEIVE THE FACILITY'S OWN HAZARD
ASSESSMENT, IF ANY/ WHICH WOULD PROVIDE THE COMPANY'S OWN
PROJECTIONS FOR AIR RELEASES/ WATER RELEASES OR EXPLOSIONS UNDER
A VARIETY OF CONDITIONS. IN ADDITION/ IF ONE CHEMICAL IS OF
-------
ARTICULAR CONCERN BECAUSE OF ITS IMMEDIATE TOXIC EFFECTS, SUCH
AS MIC, THE LOCAL COMMITTEE CAN OBTAIN DETAILED INFORMATION ON
THE PRECISE USES, STORAGE CONDITIONS, AND LIKELY COMMUNITY RISKS
OF THIS CHEMICAL.
WITH THE ADDED INFORMATION AVAILABLE UNDER SECTION 303(D),
THE RIGHT-TO-KNOW ACT OFFERS LOCAL OFFICIALS THE OPPORTUNITY TO
TURN THE SPOTLIGHT ON ALL OF THE ACTIVITIES OF THE LOCAL
'ACILITY, NOT JUST THOSE ASPECTS THE LOCAL PLANT MAY BE WILLING
TO DIVULGE.
OBVIOUSLY, THE PROVISIONS OF THE RIGHT-TO-KNOW ACT SIGNAL A
TURNING POINT IN THE WAY WE APPROACH TOXIC RISKS, THE DAYS OF
CONFRONTATION AND DISTRUST BETWEEN LOCAL CITIZENS AND
NEIGHBORHOOD CHEMICAL PLANTS MUST BE PUT BEHIND US'. THE FEDERAL
RIGHT-TO-KNOW ACT ESSENTIALLY REQUIRES FULL DISCLOSURE BY THOSE
HANDLING TOXIC CHEMICALS. FOR INDUSTRY REPRESENTATIVES, THIS
MEANS THAT THE PATH TO COOPERATION AND TRUST WILL, IN THE LONG
-------
?OTECTION, I WOULD HOPE THAT THE SIMPLE PRINCIPLES OF THE
RIGHT-TO-KNOW ACT WILL SPUR GREATER INDUSTRY COOPERATION AND
WILLINGNESS TO FULLY ENGAGE IN THE PLANNING PROCESS.
AS I- SAID EARLIER/ I THINK IT IS IMPORTANT TO KEEP AN EYE ON
THE TWO MAJOR CORNERSTONES OF THIS NEW LAW. ALTHOUGH THE
PROVISIONS OF THIS NEW LAW MAY SEEM COMPLEX/ THE ESSENTIAL
PURPOSES ARE TO CREATE GREATER INDUSTRY ACCOUNTABILITY AND TO
^ROMOTE GREATER STATE AND LOCAL INVOLVEMENT IN THE PLANNING
PROCESS,
I KNOW I ECHO THE VIEWS OF REPRESENTATIVE BOB WISE AND OTHERS
WHEN I EXPRESS MY HOPE THAT ALL EFFORTS BE TAKEN TO MAKE THE
RIGHT-TO-KNOW ACT WORK EFFECTIVELY, THIS ISA NEW AND EXCITING
INITIATIVE/ BUT WE MUST ENSURE THAT ITS IDEAS AND PRINCIPLES FIND
THEIR WAY INTO THE EVERYDAY TASKS OF EMERGENCY PLANNING, I LOOK
FORWARD TO WORKING WITH EACH OF YOU TO SEE THAT WE CARRY THE
RIGHT-TO-KNOW ACT FROM A COLLECTION OF ADMIRABLE GOALS INTO THE
-------
-13-
OP . * S.HPL1 "NHOT
HlLL HOT TOLBATE A BHOPAL OUSTER IN TH , S COUNTRY.
-------
C-14
-------
United States
Environmental Protection
Agency
Washington DC 20460
August 1988
(Revised)
r/EPA Title III Fact Sheet
Emergency Planning and
Community Right-to-Know
INTRODUCTION
The Emergency Planning and
Community Right-to-Know Act of
1986 establishes requirements
for federal state, and k
-------
KEY DATES TO REMEMBER
November 17, 1986 EPA published Interim List of Extremely
Hazardous Substances and Threshold Plan-
ning Quantities In Federal Register (Sections
302, 303. 304)
November 17, 1986 EPA Initiated comprehensive review of emer-
gency systems (Section 305 (b))
January 27, 1987
March 17, 1987
April 17, 1987
April 22, 1987
May 17. 1987
June 4, 1987
July 17, 1987
August 17. 1987
(or 30 days after
designation of dis-
tricts, whichever is
sooner)
September 17,1987
(Or 30 days after
local committee
is formed, which-
ever is earlier) .
EPA published proposed format for Emer-
gency Inventory Forms and reporting require-
ments in Federal Register (Sections 311 &
312)
National Response Team published guidance
for preparation and implementation of emer-
gency plans (Section 303(0)
State governors appointed state emergency
response commissions (Section 301 (a))
EPA published Final List of Extremely Haz-
ardous Substances and Threshold Planning
Quantities in Federal Register (Sections 302,
303, 304)
Facilities subject to Section 302 planning
requirements notified state emergency re-
sponse commission (Section 302(c)). Interim
report on emergency system review submit-
ted to Congress (Section 305(b))
EPA published proposed toxic chemical
release (i.e., emissions Inventory) form (Sec-
tion 313(g))
State emergency response commission
designated emergency planning districts
(Section 301 (b))
State emergency response commission
appointed members of local emergency plan-
ning committees (Section 301 (c))
Facilities notified local planning committee of
selection of a facility representative (Section
303(d)(l))
(Continued on Page 4)
committee must include, at a
minimum, elected state and
local officials, police, fire, civil
defense, public health profes-
sionals, environmental, hospital.
and transportation officials as
well as representatives of facili-
ties subject to the emergency
planning requirements, commu-
nity groups, and the media. As
soon as facilities are subject to
the emergency planning require-
ments, they must designate a
representative to participate in
the planning process. The local
committee must establish rules,
give public notice of its activi-
ties, and establish procedures
for handling public requests for
information.
The local committee's primary
responsibility is to develop an
emergency response plan by
October 17, 1988 and review it
at least annually thereafter. In
developing this plan, the local
committee evaluates available
resources for preparing for and
responding to a potential chemi-
cal accident. The plan must:
— identify facilities and trans-
portation routes of extremely
hazardous substances;
— describe emergency response
procedures, on-site and off-
site;
— designate a community
coordinator and facility
coordinator(s) to Implement
the plan;
— outline emergency notifica-
tion procedures:
— describe methods for deter-
mining the occurrence of a
release and the probable
affected area and popula-
tion;
ency Planning and Community Right-To-Know Fact
-------
— describe community and
industry emergency equip-
ment and facilities and the
identity of persons respon-
sible for them;
— outline evacuation plans;
— describe a training program
for emergency response per-
sonnel (including sched-
ules); and,
— present methods and sched-
ules for exercising emer-
gency response plans.
In order to assist the local
committees in preparing and
reviewing plans. Congress
required the National Response
Team (NRT), composed of 14
federal agencies with emergency
response responsibilities, to
publish guidance on emergency
response planning. This guid-
ance, the "Hazardous Materials
Emergency Planning Guide."
was published by the NRT in
March 1987.
The emergency response plan
must be initially reviewed by the
state commission and. at least,
annually by the local committee.
Regional Response Teams,
composed of federal regional
officials and state representa-
tives, may review the plans and
provide assistance to the local
committees upon request.
Planning activities of local
committees and facilities should
be initially focused on, but not
limited to, the 366 extremely
hazardous substances pub-
lished in the Federal Register.
Plans should be comprehensive,
addressing all hazardous mate-
rials of concern and transporta-
tion as well as fixed facilities.
Pe list Includes the threshold
inning quantities (minimum
limits) for each substance.
Through rulemaking, EPA can
revise the list and threshold
planning quantities based on
the toxlcity. reactivity, volatility,
dlspersability, combustibility, or
flammability of a substance.
Any facility that has present any
of the listed chemicals in a
quantity equal to or greater than
its threshold planning quantity
is subject to the emergency
planning requirements. In
addition, the state commission
or the Governor can designate
additional facilities, after public
comment, to be subject to these
requirements. Covered facilities
must notify the state commis-
sion and local committee that
they are subject to these re-
quirements within 60 days after
they begin to have present any
of the extremely hazardous sub-
stances in threshold planning
quantities.
Each state commission must
notify the EPA Regional Office of
all facilities subject to the emer-
gency planning requirements,
including facilities designated by
the state commission or the
governor.
SECTION 304:
Emergency Notification
Facilities must immediately
notify the local emergency
planning committees and the
state emergency response
commissions likely to be
affected if there is a release into
the environment of a listed haz-
ardous substance that exceeds
the reportable quantity for that
substance. Substances subject
to this requirement are those on
the list of 366 extremely hazard-
ous substances as published in
Federal Register (40 CFR 355) or
on a list of 721 substances
subject to the emergency notifi-
cation requirements under CER-
CLA Section 103(a) (40 CFR
302.4). Some chemicals are
common to both lists.
Initial notification can be made
by telephone, radio, or in per-
son. Emergency notification
requirements involving trans-
portation incidents can be met
by dialing 911, or in the
absence of a 911 emergency
number, calling the operator.
This emergency notification
needs to include:
— the chemical name;
— an indication of whether the
substance Is extremely
hazardous;
— an estimate of the quantity
released into the environ-
ment;
— the time and duration of the
release;
— whether the release oc-
curred Into air, water, and/
or land;
— any known or anticipated
acute or chronic health
risks associated with the
emergency, and where nec-
essary, advice regarding
medical attention for ex-
posed individuals;
— proper precautions, such as
evacuation; and,
— name and telephone num-
ber of contact person.
Section 304 also requires a
written follow-up emergency
notice after the release. The
follow-up notice or notices
must:
— update information in-
cluded in the initial notice,
and
— provide information on
•actual response actions
taken; and.
Emergency Planning and Community Right-To-Know Fact Sheet - 3
-------
KEY DATES TO REMEMBER (Continued)
October 15. 1987
October 17, 1987
December 17, 1987
February 16, 1988
February 25, 1988
March 1, 1988
(and annually
thereafter)
June 1988
June 20, 1988
July 1, 1988
(and annually
thereafter)
July 29, 1988
August 4. 1988
EPA published final format for emergency in-
ventory forms and reporting requirements In
the Federal Register (Sections 311 and 312)
EPA published proposed regulation governing
trade secret claims (Sections 322 and 323)
Manufacturing facilities submitted MSDS's or
lists of MSDS chemicals to state commission,
local committee and local fire department
(Section 311 (d))
EPA published a final rule delisting four
chemicals from the Extremely Hazardous
Substance List (Section 302)
EPA published final toxic chemical release
regulations, form and instructions (Section
313 (g))
EPA published a final rule delisting 36
chemicals from the Extremely Hazardous
Substance List (Section 302)
Manufacturing facilities submit their hazard-
ous chemical Inventory forms to state
commission, local committee and local fire
department (Section 312(a)(2))
Final report on emergency systems study
submitted to Congress (Section 305(b))
EPA published final rule delisting titanium
dioxide from the Toxic Chemical List
(Section 313)
Covered facilities submitted Initial toxic
chemical forms to EPA and designated state
officials (Section 313 (a))
EPA published final regulation governing
trade secret claims (Sections 322 and 323)
EPA clarified Reporting Dates for facilities
newly covered by the OSHA expansion of the
Hazard Communication Standard (Sections
311 and 312)
(Continued on Page 6)
•advice regarding medical
attention necessary for
exposed individuals.
If local committees are not yet
formed, releases should be
reported to appropriate local
response officials.
SECTION 311-312:
Community Right-To-
Know Requirements
There are two community
right-to-know reporting re-
quirements within the Emer-
gency Planning and Commu-
nity Right-to-Know Act. Sec-
tion 311 requires facilities
that must prepare material
safety data sheets (MSDS)
under the Occupational Safety
and Health Administration
(OSHA) regulations to submit
either copies of their MSDSs
or a list of MSDS chemicals
to:
- the local emergency
planning committee;
- the state emergency
response commission:
and,
- the local fire department.
If the facility owner or opera-
tor chooses to submit a list of
MSDS chemicals, the list
must Include the chemical or
common name of each sub-
stance and must identify the
applicable hazard categories.
These hazard categories are:
- immediate (acute) health
hazard;'
- delayed (chronic) health
hazard;
- fire hazard;
- sudden release of pres-
sure hazard; and,
- reactive hazard.
4 - Emergency Planning and Community Right-To-Know Fact Sheet
-------
If a list is submitted, the facility
must submit a copy of the
MSDS for any chemical on the
list upon the request of the local
emergency planning committee
or state commission. Also. EPA
has established threshold
quantities for hazardous chemi-
cals below which no facility
must report. The current
thresholds for Section 311 are:
— for extremely hazardous
substances: 500 pounds or
the threshold planning
quantity, whichever Is lower.
— for all other hazardous
chemicals: before October
17. 1989: 10,000 pounds;
on or after October 17,
1989: zero pounds (Note:
the zero threshold will be
revised pending further
study.)
The Initial submission of the
MSDSs or a list of MSDS chemi-
cals was due on October 17,
1987, or three months after the
facility Is required to prepare or
have available an MSDS under
OSHA-regulations. Currently,
OSHA regulations require only
manufacturers and Importers in
Standard Industrial Classifica-
tion (SIC) codes 20-39 to have or
prepare MSDSs for their chemi-
cals. But as of June 24. 1988.
those OSHA regulations ex-
panded to Include non-manu-
facturers except the construc-
tion industry. Thus, under the
emergency planning and com-
munity right-to-know statute,
facilities newly covered by the
expanded OSHA regulations
must submit MSDSs or a list of
MSDS chemicals within 3
months after they become cov-
ered.
»An MSDS or a revised list must
provided when new hazard-
us chemicals become present
|at a facility in quantities above
the established threshold levels
after the deadline. A revised
MSDS must be provided to
update the original MSDS if sig-
nificant new information is dis-
covered about the hazardous
chemical.
Reporting under Section 312
requires a facility to submit an
emergency and hazardous
chemical inventory form to the
local emergency planning
committee, the state emergency
response commission, and the
local fire department. Hazard-
ous chemicals covered by
Section 312 are those for which
facilities are required to prepare
or have available an MSDS
under OSHA's Hazard Commu-
nication Standard and that were
present at the facility at any
time during previous calendar
year above specified thresholds.
EPA established threshold
quantities for Section 312 for
hazardous chemicals below
which no facility must report.
Currently those thresholds are:
— for extremely hazardous
substances: 500 pounds or
the threshold planning
quantity, whichever Is lower
— for all other hazardous
chemicals:
January to December 1987
or first year of
reporting... 10,000 pounds.
January to December 1988
or second year of reporting
...10,000 pounds.
January to December 1989
or third year of
reporting...zero pounds.
(Note: the zero threshold will
be revised pending further
study.)
The inventory form Incorporates
a "two-tier" approach. Under
Tier I, facilities must submit the
following aggregate Information
for each applicable hazard
category:
— an estimate (In ranges) of the
maximum amount of
chemicals for each category
present at the facility at any
time during the preceding
calendar year;
— an estimate (In ranges) of the
average dally amount of
chemicals in each category;
and,
— the general location of
hazardous chemicals In each
category.
If requested by a local commit-
tee, state commission or local
fire department, the facility
must provide the following Tier
II Information for each sub-
stance subject to the request:
— the chemical name or the
common name as Indicated
on the MSDS;
— an estimate (in ranges) of the
maximum amount of the
chemical present at any time
during the preceding calen-
dar yean
— a brief description of the
manner of storage of the
chemical;
— the location of the chemical
at the facility; and,
— an indication of whether the
owner elects to withhold lo-
cation Information from
disclosure to the public.
EPA published a uniform format
for the Inventory forms on
October 15, 1987. Since many
state commissions have addi-
tional requirements or have
incorporated the federal con-
Emergency Planning and Community Right-To-Know Fact Sheet - 5
-------
tents in their own forms. Tier I/
II forms should be obtained
from the state commission.
Tier I information must be
submitted for covered manufac-
turing facilities on or before
March 1. 1988 and annually
thereafter on March 1, for all
covered facilities.
The Tier II form may be sent by
the facility instead of a Tier I
form. The public may also
request Tier II information from
the state commission and the
local committee. The informa-
tion submitted by facilities
under Sections 311 and 312
must generally be made avail-
able to the public by local
emergency planning committees
(LEPCs) and state emergency
response commissions (SERCs)
during normal working hours.
SECTION 313: Toxic
Chemical Release
Reporting
Section 313 of the Emergency
Planning and Community Right-
to-Know Act of 1986 requires
EPA to establish an inventory of
routine toxic chemical Emissions
from certain facilities. Facilities
subject to this reporting require-
ment are required to complete a
Toxic Chemical Release Form
(Form R) for specified chemicals.
The form must be submitted to
EPA and those state officials
designated by the governor, on
or before July 1, 1988, and an-
nually thereafter on July 1.
KEY DATES TO REMEMBER (Concluded)
September 24, 1988
(three months
after the OSHA
expansion)
October 17, 1988
(and review at
least annually
thereafter)
March 1. 1989
October 17.1989
June 20, 1991
October 17, 1991
Non-manufacturing facilities covered under
the new OSHA expansion as of June 24,
1988 submit MSDSs or a list of chemicals
present in quantities over the first year
threshold to the state commission, local
committee, and local fire department
(Section 311)
Local emergency planning committees com-
plete preparation of an emergency plan
(Section 303(a))
Non-manufacturing facilities submit their
emergency inventory forms to state commis-
sion, local committee, and local fire depart-
ment (Section 312 (a)(2))
Manufacturing facilities submit MSDS or a
list of chemicals over the final threshold to
the state commission, local committee, and
local fire department (Section 311)
Comptroller General submits Report to Con-
gress on toxic chemical release information
collection, use and availability (Section 313
(k))
EPA submits to Congress a Mass Balance
Study (Section 313(1))
These reports should reflect
releases during the preceding
calendar year.
The purpose of this reporting
requirement is to inform the
public and government officials
about routine releases of toxic
chemicals to the environment.
It will also assist in research
and the development of regula-
tions, guidelines, and stan-
dards.
The reporting requirement
applies to owners and operators
of facilities that have 10 or more
full-time employees, that are in
Standard Industrial Classifica-
tion (SIC) codes 20 through 39
(i.e., manufacturing facilities)
and that manufacture (including
Importing), process or otherwise
use a listed toxic chemical in
excess of specified threshold
quantities.
Facilities manufacturing or pro-
cessing any of these chemicals
in excess of 75.000 pounds in
1987 must report by July 1,
1988. Facilities manufacturing
or processing in excess of
50,000 pounds in 1988 must
report by July 1. 1989; thereaf-
ter, facilities manufacturing or
processing more than 25,000
pounds in a year are required to
submit the form. Facilities
otherwise using listed toxic
chemicals in quantities over
10,000 pounds In a calendar
year are required to submit
toxic chemical release forms by
July 1 of the following year.
EPA can revise these threshold
quantities and covered SIC
codes.
The list of toxic chemicals
subject to reporting consisted
initially of chemicals listed for
similar reporting purposes by
the States of New Jersey and J
Maryland. There are over 300 3
chemicals and categories on "fi
these lists. Through rule-
6 - Emergency Planning and Community Right-To-Know Fact Sheet
-------
making, EPA can modify this
combined list.
The final Toxic Chemical Re-
lease Form and regulations were
published in the Federal Regis-
ter on February 16, 1988. The
following information is required
on the form:
— the name, location and type
of business;
— off-site locations to which
the facility transfers toxic
chemicals in waste;
— whether the chemical is
manufactured (including im-
portation), processed, or
otherwise used and the
general categories of use of
the chemical;
— an estimate (in ranges) of the
maximum amounts of the
toxic chemical present at the
facility at any time during
the preceding year;
— quantity of the chemical
entering each medium—air,
land, and water—annually;
— waste treatment/disposal
methods and efficiency of
methods for each waste
stream;
— optional Information on
waste minimization; and,
— a certification by a senior
facility official that the
report is complete and
accurate.
Reports are sent to EPA and
designated state agencies. EPA
must establish and maintain a
national toxic chemical inven-
tory based on the data submit-
ted. The public must be able to
access this national database,
and obtain the data through
other means.
In addition to the toxic chemical
release reporting requirements.
Section 313 authorizes EPA to
arrange for a Mass Balance
Study to be carried out by the
National Academy of Sciences
(NAS). The study will determine
the feasibility, utility, and alter-
natives to collecting mass
balance type information as a
supplement to the currently re-
quired toxic release data. A
report of this study must be
submitted by EPA to Congress
no later than October 17, 1991.
An interim report from NAS is
due to EPA in early 1989.
OTHER TITLE III
PROVISIONS
Trade Secrets
Section 322 of the Emergency
Planning and Community Right-
to-Know Act addresses trade
secrets as they apply to emer-
gency planning, community
right-to-know, and toxic chemi-
cal release reporting. Any
facility may withhold the spe-
cific chemical identity on these
submittals. No trade secrets are
allowed to be claimed under
Section 304 of the statute. The
withholder must show that:
— the information has not been
disclosed to any person
other than a member of the
local planning committee, a
government official, an
employee of the withholder
or someone bound by a con-
fidentiality agreement;
measures have been taken
to protect the confidentiality;
and the withholder intends
to continue to take such
measures;
— the information is not re-
quired to be disclosed to the
public under any other
Federal or State law;
— the information is likely to
cause substantial harm to
the competitive position of
the withholder; and.
— the chemical identity is not
readily discoverable through
reverse engineering.
However, even if chemical
identity information can be
legally withheld from the public.
Section 323 provides for disclo-
sure of this information to
health professionals who need
the information for diagnostic
and treatment purposes or local
health officials who need the in-
formation for prevention and
treatment activities. In non-
emergency cases, the health
professional receiving the Infor-
mation must sign a confidential-
ity agreement with the facility
and provide a written statement
of need. In medical emergency
situations, the health profes-
sional must, if requested by the
facility, provide these docu-
ments as soon as circumstances
permit.
Information claimed as a trade
secret and substantiation for
that claim must be submitted to
EPA. More detailed information
on the procedure for submitting
trade secrecy claims can be
found in the trade secrets final
rule, published in the Federal
Register on July 29. 1988. Any
person may challenge trade
secret claims by petitioning
EPA. The Agency must then
review the claim and rule on its
validity.
The trade secret regulations
cover the process for submis-
sion of claims, petitions for dis-
closure and the review process
for petitions.
Emergency Planning and Community Right-To-Know Fact Sheet - 7
-------
Title III Penalties
Training Grants
Public Access
Section 325 of the Emergency
Planning and Community Right-
to-Know Act addresses the pen-
alties for failure to comply with
the requirements of this law.
Civil and administrative penal-
ties ranging from up to $10,000
- $75,000 per violation or per
day per violation can be as-
sessed to facilities that fail to
comply with the emergency
planning (Section 302), emer-
gency notification (Section 304),
community right-to-know
(Sections 311 and 312). toxic
chemical release (Section 313)
and trade secret (Sections 322
and 323) reporting require-
ments.
Criminal penalties up to
$50.000 or five years in prison
may also be given to any person
who knowingly and willfully fails
to provide emergency release
notification. Penalties of not
more than $20,000 and/or up
to one year in prison may be
given to any person who
knowingly and willfully discloses
any information entitled to pro-
tection as a trade secret. In
addition. Section 326 allows
citizens to initiate civil actions
against EPA, state emergency
response commissions, and/or
the owner or operator of a
facility for failure to meet the re-
quirements of the emergency
planning and community right-
to-know provisions. A state
emergency response commis-
sion, local emergency planning
committee, state or local govern-
ment may institute actions
against facility owner/operators
for failure to comply with Title
III requirements. In addition,
states may sue EPA for failure
to provide trade secret informa-
tion.
Section 305(a) of the Emergency
Planning and Community Right-
to-Know Act authorizes the Fed-
eral Emergency Management
Agency to provide $5 million for
each of fiscal years 1987, 1988.
1989. and 1990 for training
grants to support state and local
governments. These training
grants are designed to Improve
emergency planning, prepared-
ness, mitigation, response, and
recovery capabilities. Such pro-
grams must provide special
emphasis to hazardous chemi-
cal emergencies. The training
grants may not exceed 80
percent of the cost of any such
programs. The remaining 20
percent must come from non-
federal sources. These training
grants are coordinated within
each state by the state emer-
gency response commission.
Section 324 of the Emergency
Planning and Community Right-
to-Know Act provides for public
access to information gathered
under this law. Under this
section, all material safety data
sheets, hazardous chemical
inventory forms, toxic chemical
release form follow-up emergency
notices, and the emergency
response plan must be made
available during normal working
hours by the state commissions
and local committees. In order to
inform the public of the availabil-
ity and location of the informa-
tion provided to the local emer-
gency planning committee, the
local committee must publish a
notice annually in the local
newspaper. In addition. Toxic
Release Inventory (Section 313)
information is being collected by
EPA and will be made available
by telecommunications and other
means.
Emergency Systems Study
Under Section 305(b), EPA is
required to review emergency
systems for monitoring, detect-
ing, preventing and warning of
accidental releases of extremely
hazardous substances at repre-
sentative U.S. facilities that pro-
duce, use. or store these sub-
stances. EPA reported interim
findings to Congress in May 1987
and issued a final report of find-
ings and recommendations to
Congress'in June 1988.
For more information, contact
the Emergency Planning &
Community Right-to-Know
Information Hotline:
Hotline: 1-800-535-0202
(In Washington. D.C. -
(202) 479-2449)
Hours: 8:30 am - 7:30 pm
(Eastern Time) Monday - Friday
This is NOT an
emergency number.
8 - Emergency Planning and Community Right-To-Know Fact Sheet
-------
CHEMICAL LISTS ASSOCIATED WITH
EMERGENCY PLANNING/COMMUNITY RIGHT-TO-KNOW
LIST
SECTION
PURPOSE
List of Extremely Hazardous
Substances (366 Substances)
(40CFR355)
§302: Emergency Planning
§304: Emergency Notification
§311/312: Material Safety Data
Sheets and Emer-
gency Inventory
• Facilities with more than
estimated planning quantities
of these substances must notify
the State commission and local
committee
• Initial focus for preparation of
emergency plans by local emer-
gency planning committees.
• Certain releases of these sub-
stances trigger Section 304
notification to State commission
and local committees.
• Separate and lower thresholds
are established for these sub-
stances of concern for the
MSDS and Tier I/II reporting
requirements.
Substances requiring notifica-
tion under Section 103(a) of
CERCIA1721 substances] (40
CFR302.4)
§304: Emergency Notification
1 Certain releases of these trigger
Section 304 notification to State
commission and local commu-
nities as well as Section 104(a)
requirement for National Re-
sponse Center notification.
Hazardous Chemicals consid-
ered physical or health hazards
under OSHAs Hazard Commu-
nication Standard (29 CFR
1910,1200) [This Is a per-
formance standard; there is no
specific list of chemicals.]
§304: Emergency Notification
§311: Material Safety Data
Sheets
§312: Emergency Inventory
• Identifies faculties subject to
emergency notification require-
ments.
• MSDS or list of MSDS chemi-
cals provided by covered facili-
ties to state commissions, local
committees and local fire de-
partments;
• Tier I/II hazardous chemical
inventory forms must be pro-
vided by facilities to state
commissions,' local committees
and local fire departments:
Toxic Chemicals (327 chemi-
cal/chemical categories] (40
CFR 372)
§313: Toxic Chemical Release
Reporting
•These chemicals are reported
on an emissions inventory! to
Inform government officials arid
the public about the release of :
toxic chemicals mto the envi-:
ronment. '..,•••.. "•. • ^ i:;;:
Emergency Planning and Community Right-To-Know Fact Sheet - 9
-------
TRI
TOXIC CHEMICAL RELEASE INVENTORY
NATIONAL
LIBRARYof
MEDICINE
ET
**** COMING SPRING 1989 ****
TRI
DEFINED
TRI (the Toxic Chemical Release Inventory) will contain information on the annual
estimated releases of toxic chemicals to the environment. Based upon data collected by
the Environmental Protection Agency (EPA), the file will become part of the National
Library of Medicine's (NLM) Toxicology Data Network (TOXNET) and be available
online for public access sometime in the late Spring of 1989.
TRI
BACKGROUND
Mandated by Title III of the SUPERFUND Amendments and Reauthorization Act
(SARA) of 1986, the Inventory contains provisions for the reporting, by industry, of data
on over 300 toxic chemicals into the air, water, and land. Data submitted to EPA
includes names and addresses of facilities which manufacture, process, or otherwise use
these chemicals, as well as amounts released to the environment or tranferred to waste
sites. Title III, also known as the Emergency Planning and Community Right-to-Know
Act, calls for the EPA to collect this data nationwide on an annual basis. The Law
mandates that the data be made publicly available through a computer database. The
online TRI file is likely to have a broad based user audience including industry, state and
local environmental agencies, emergency planning committees, the Federal government,
and other regulatory groups. Another important user group is likely to be concerned
citizens who, on their own or through public interest groups and public libraries, will use
TRI to answer their questions about chemical releases in their communities.
TRI FILE
STRUCTURE
TRI data will be arranged in the following broad categories:
Facility Identification
Substance Identification
Environmental Release of Chemical
Waste Treatment
Off-Site Waste Transfer
The data includes the names, addresses and public contacts of plants manufacturing,
processing or using the reported chemicals, the maximum amount stored on site, the
estimated quantity emitted into the air (point and non-point emissions), discharged into
bodies of water, injected underground, or released to land, methods used in waste
treatment and their efficiency, and data on the transfer of chemicals off-site for
treatment/disposal, either to publicly owned treatment works or elsewhere.
Bethesda, Maryland 20894
U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES / Public Health Service / National Institutes of Health
-------
SEARCHING
TRI
TRI will be a component file of NLM's TOXNET system. Utilizing a free text search
capability, full Boolean logic, a powerful and flexible command language and a variety of
online user assistance features, TOXNET offers state-of-the-art user-friendly searching.
Online and offline printing of entire or specified portions of records will be available, as
will a variety'^ofnnistomKeTd'pTinfiopllionst SpfcSjalj TRI "features will allow sorting and
numerical manipulation (of data. I A, lieim-drive^i se4rc'h package will allow individuals
with limited compute^ Skills to searcjb pRI jefjficaetitly.
TRI
IN ACTION
TRI users will be able to ask such questions as:
o How much benzene was reported released to waterways in 1987
by Virginia industrial plants?
o What waste minimization methods are reported by Marin County
manufacturers of toluene?
o How much chlorine gas have entire plants of Company XYZ released
into the air last year throughout the country?
o What are the names and addresses of Baltimore steel plants importing
vanadium?
o What quantity of sulfuric acid at Boston's ABC Waste Treatment Facility
is transferred there from outside the State of Massachusetts?
TRI
AVAILABILITY
TRI will be available 24 hours/day, 7 days/week, except for a brief daily maintenance
period.
TRIACCESS
Registered NLM online services users will be able to access TRI on the TOXNET
system by direct dial or through the TELENET or TYMNET telecommunication
networks. TRI users will also automatically have access to all TOXNET and other
NLM files, through the TOXNET Gateway. Other NLM files may be used to obtain
supporting information in such areas as health hazards and emergency handling of
TRI chemicals.
TRI USER
SERVICES
For further details about the status of the TRI file, contact:
TRI Representative
Specialized Information Services
National Libraiy of Medicine
8600 Rockville Pike
Bethesda, MD 20894
Telephone (301) 496-6531
Interested parties should note that an application package to become a registered TOXNET user is available
now. Registered users have immediate access to current TOXNET files (Hazardous Substances Data Bank,
Registry of Toxic Effects of Chemical Substances, Chemical Carcinogenesis Research Information System) and
all other NLM files, including the TOXLINE/TOXLIT group, which contain some 2.5 million references on
literature related to toxic chemicals. Further, current users are kept up-to-date about the status of TRI
through online NEWS messages and the NLM Technical Bulletin, and will be able to search TRI as soon as it
comes online in the Spring.
February 1989
-------
TITLE llh FACT SHEET
EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW
j&EPA
April 1988
(Revised)
U.S. Environmental Protection Agency
INTRODUCTION
The Emergency Planning and
Community Rlght-to-Know Act of
1986 establishes requirements
far federal, state, and local
governments and Industry
regarding emergency planning
and 'community right-to-know*
reporting on hazardous and toxic
chemicals. This legislation
buUds upon EPA's Chemical
Emergency Preparedness Pro-
gram (CEPP) and numerous state
Trid local programs aimed at
'elptng communities to better
meet their responsibilities in
regard to potential chemical
emergencies. Thecommunity
rtght-to-know provisions wttL help
to increase the public's knowl-
edge and access to information
on the presence of hazardous
chemicals in their communities
and releases of these chemicals
into the environment
Nothing in this document should
be construed to indicate that EPA
has determined states have Title
m authority over Indian reserva-
tions. For purposes of this docu-
ment, definition of the terms
"State* and "Governor* includes
"Indian tribe* and Tribal Chair-
man.* EPA has issued a draft
policy for comment regarding the
application of the emergency
planning and community right-to-
know law to Indian lands.
The emergency planning and
community right-to-know (also
known as Title ZZ0 provisions
have four major sections: emer-
gency planning (Section 301-
303). emergency release notifica-
tion (Section 304), community
right-to-know reporting require-
ments (Sections 311.312) and
toxic chemical release reporting
emissions inventory (Section
313).
SECTION 301-303:
Emergency Planning
Hie emergency planning sec-
tions are designed to develop
state and local governments
emergency response and prepar-
edness capabilities through
better coordination and plan-
ning, especially within the local
community.
The Emergency Planning and
Community Rlght-to-Know Law
required the Governor of each
state to designate a state emer-
gency response commission.
The governors have designated
existing state organizations to
be the state emergency response
commissions including public
agencies and departments
concerned with issues relating
to environment, natural re-
sources, emergency services.
public health, occupational
safety, and transportation.
Also. Interested public and
private sector groups and
associations with experience in
Emergency Planning and Com-
munity Rlght-to-Know issues
may be Included in the state
commission. At this time, all
state emergency-response
commissions have been ap-
pointed and are in place.
The state commission must also
have designated local emergency
planning districts and appointed
local emergency planning
committees for each district
The state commission Is respon-
sible for supervising and coordi-
nating the activities of the local
emergency planning commit-
tees, for establishing procedures
for receiving and processing
public requests for information
collected under other sections of
Title m. and for reviewing local
emergency plans.
This local emergency planning
committee must Include, at a
minimum, elected State and
local officials, police, fire, civil
defense, public health profes-
sionals, environmental, hospital.
and transportation officiate as
well as representatives of facili-
ties subject to the emergency
planning requirements, commu-
nity groups, and the media. As
soon as facilities are subject to
the emergency planning require-
ments, they must designate a
representative to participate in
the planning process. The local
committee must establish rules.
give public notice of Its activities
Emergency Planning and Community Rlght-To-Know Fact Sheet - 1
-------
KEY DATES TO REMEMBER
November 17. 1986
November 17,.1986
January27, 1987
March 17. 1987
April 17,1987
April 22,1987
EPA published Interim List of Extremely
Hazardous Substances and Threshold Plan-
ning Quantities in Federal Register (Section
302,303,304)
EPA initiated comprehensive review of emer-
gency systems (Section 305 (b))
Proposed format for Emergency Inventory
Forms and reporting requirements published
in Federal Register (Section 311 &312J
National Response Team published guidance
for preparation and implementation of emer-
gency plans (Section 303(0)
State governors appoint State emergency ': -
response commissions (Section 30l(a)) , ,
EPA published Fmalt^ of Extremely
ardous Substance and Threshold Planning ; .
Quantities to Federal Register (Section 302, ' ' * ;*
' fay 17,1987 : , X Facilities subject to Section 302 pl
' " "--f V^ /:- •/ £- *;,,
- " *""'
requirements; notify State emergency xt*" ^"',
sponse commission (Section 302(cJ). Interim
report on emergency system ro^ewsubmitt:'
*-'M- Congress (Section 3050b#;; T \ /-" **«£
Jurie4. 1987 , s ,
EPApubUshed proposed toalcchemicalj ; ^ v
release (tc^d
.
August 17. 1987
(or 30 days after?
deslgnatlon of dl3-
trlcts, whichever is
sooner) ' ^ -
ttott30i(b3)
s •,
State emeiigency response commission
appoint* inembers of local emergency plait-
ntog committees (Section 301 (c)>
September 17/1987
(or 30 days after
local committee '
is formed, which-
ever is earlier)
.
Facility notifies local planning committee of
selection of a fedUfy representative (Section
303(d)(i)}
[ (Continued on Page 4}
and establish procedures for
handling public requests for
Information.
The local committee's primary
responsibility Is to develop an
emergency response plan by
October 17. 1988. In developing
this plan, the local committee
will evaluate available resources
for preparing for and responding
to a potential chemical accident.
The plan must:
— Identify facilities and ex-
tremely hazardous sub-
stances transportation
routes;
— describe emergency response
procedures, on-site and off-
site;
— designate a community
coordinator and facility.
coordinator^) to implement
the plan;
— outline emergency notifica-
tion procedures;
— describe methods for deter-
mining the occurrence of a
release and the probable
affected area and popula-
tion;
— describe community and
Industry emergency equip-
ment and facilities and the
Identity of persons respon-
sible for them;
— outline evacuation plans:
— describe a training program
for emergency response per-
sonnel (including sched-
ules): and
— present methods and sched-
ules for exercising emer-
gency response plans.
In order to assist the local
committees in preparing and
2 - Emergency Planning and Community Right-To-Know Fact Sheet
-------
reviewing plans. Congress
required the National Response
Team (NRT). composed_of 14
'ederal agencies with emer-
gency response responsibilities.
to publish guidance on emer-
gency response planning. This
guidance, the "Hazardous
Material Emergency Planning
Guide," was published by the
NRT in March 1987 and Incor-
porated the emergency planning
aspects of the CEPP Interim
Guidance. It also replaced the
"Federal Emergency Manage-
ment Agency's Planning Guide
and Checklist for Hazardous
Materials Contingency Plans"
(popularly known as "FEMA
1CT). See Federal Register dated
March 17. 1987.
The emergency response plan
must be initially reviewed by the
state commission and annually
by the local committee. Regional
Response Teams, composed of
federal regional nfflriaia and
•tate representatives, may re-
lew the plans and provide
assistance to the local commit-
tees upon request
Planning activities of local
committees and facilities should
be focused on. but not limited
to. the 366 extremely hazardous
substances published in the
Federal Register. The list
includes the threshold planning
quantities (minimum limits) for
each substance. Through rule-
making. EPA can revise the list
and threshold planning
quantities based on the tcodclty.
reactivity, volatility, dlspers
ability, combustablllty or
flammablllty of a substance.
Any facility that produces, uses.
or stores any of the listed
chemicals in a quantity greater
than Its threshold planning
quantity Is subject to the emer-
ency planning requirements.
In addition, the state commis-
sion or the Governor can desig-
nate additional facilities, after
public comment, to be subject
to these requirements. Covered
facilities must notify the state
commission and local committee
that they are subject to these
requirements within 60 days
after they begin, to produce.
use. or store any of the ex-
tremely hazardous substances
in threshold planning quanti-
ties.
Each state commission must
notify EPA of all facilities sub-
ject to the emergency planning
requirements, including facili-
ties designated by the state
commission or the Governor.
SECTION 304:
Emergency Notification
Facilities must immediately
notify the local emergency
planning committees and the
state emergency response
commissions likely to be
affected if there is a release of a
listed hazardous substance that
exceeds the reportable quantity
for that substance. Substances
subject to this requirement
are the list of 366 extremely
hazardous substances as pub-
lished In Federal Register (40
CFR 355) and substances
subject to the emergency notifi-
cation requirements under CER-
CIA Section 103(a) (40 CFR
302.4).
Initial notification can be made
by telephone, radio, or in per-
son. Emergency notification
requirements involving trans-
portation incidents can be met
by dialing 911. or in the
absence of a 911 emergency
number, caning the operator.
This emergency notification
needs to include:
— the chemical name:
— an indication of whether the
substance is extremely
hazardous:
— an estimate of the quantity
released into the environ-
ment:
— the time and duration of the
release;
— whether the release oc-
curred into air. water, and/
or land:
— any known or anticipated
acute or chronic health
risks associated with the
emergency, and where nec-
essary, advice regarding
medical attention for ex-
posed individuals;
— proper precautions, such as
evacuation; and
— name and telephone num-
ber of contact person.
Section 304 also requires a
foHow-up "written" emergency
notice after the release. The
foHow-up notice or notices
must:
• update information included
in the initial notice, and
• provide information on
-actual response actions
taken; and
-advice regarding medical
attention necessary for
exposed Individuals.
If local committees are not yet
formed, releases should be
reported to appropriate local
response officials.
Emergency Planning and Community Rlght-To-Know Fact Sheet - 3
-------
KEY DATES TO REMEMBER (Continued)
October IS, 1987
October 17,1987
Final format for Emergency Inventory forms
and reporting requirements published in the
Federal Register (Section 311 and 312)
EPA published proposed regulation governing
trade secret claims (Section 322 & 323)
Manufacturing facilities submit MSDS's or
list of MSDS chemicals to State commission,
local committee and local fire department
(Section 311 (d)l
December 17> 1987 EPA published aflnal rule delistlng four
chemicals from the Extremely Hazardous'
Substance UstlSectton 302)
February 16,1988
% ' 3-
February 25,4988
EPA published final toxic chemical release ;
regulations, form and instructions (Section "
313tgi) :^ * , s - \v ;- -:/
EPA published a final rule delistlng 36
chemicals from the Extremely Hazardous
substance list (Section 302)
.. ' * j f %.-...
> <
March V
April 17; 1988
Manufacturing fac^
ous chemical Inventory forms to State 's
commission, local committee and local fire
department (Section 312(a)(2)) ,r r >, \ &
Final Iteportmcmerger^ systems study ^
due to Congress (Section 30$(b»|;^ ^ ^
thereafter)
August 23, 1988,
October *7.198S<
March 1,1989
(and annually \
* ril t» *
TT*r* **+*+*• ft**rt*»++***r •+?**•#••**+ imtm*m+i,m ^m^^m,y^ vijCi*I**l^
>Caifornl»toEPAand-d<5Stgnateo1 State^ $£&
officials (Sectiw &&&&?-?:;. )^ ,l V;t^
^ f ''', *,f ~" %
-. yf0f^*^^y^ti^%ct^yft^^^cciii^f^n^ oovXrt^M ttffdfjf' ff£"
" the ncwOSHS expansion submit MSDSS or a
list of chemicals over the first year threshold ,
to the State commission* local committee*
and local fire department (Section 3U)
•••••. ^ ••'•"•>.
Ixx^emergericyplannmg committees com- ,
plete preparation of an emergency plan ! -
iv*.^ ^j.*.^ ._ ^k/H
-------
the local emergency planning
committee or state commission.
Also. EPA has established
threshold quantities for hazard-
ous chemicals below which no
facility must report. The cur-
rent thresholds are:
— for extremely hazardous
substances: 500 pounds or
the threshold planning
quantity whichever is lower.
— for all other hazardous
chemicals: before October
17. 1989: 10.000 pounds:
on or after October 17.
1989: Zero pounds (Note:
The zero threshold will be
revised pending further
study).
The initial submission of the
MSDSs or a list of MSDS chemi-
cals was due on October 17.
1987, or 3 months after the
facility Is required to prepare or
have available an MSDS under
OSHA regulations. Currently.
OSHA regulations require only
manufacturers and Importers in
Standard Industrial Classifica-
tion (SIC) codes 20-39 to have or
prepare MSDS for their chemi-
cals. But. as of May 23. 1988.
those OSHA regulations win
expand to include an non-
manufacturers (Le., SIC codes
1-89). Thus, under the statute.
facilities newly covered by the
expanded OSHA regulations
must submit MSDSs or a list of
MSDS chemicals by August 23.
1988 or within three months
after they become covered.
An MSDS or list must be pro-
vided when new hazardous
chemicals become present at a
facility In quantities above the
established threshold levels.
A revised MSDS must be pro-
vided to update original MSDS if
ilgnlficant new information is
discovered about chemicals.
Reporting under Section 312
requires a facility to submit an
emergency and hazardous
chemical Inventory form to the
local emergency planning
committee, the state emergency
response commission, and the
local fire department. Hazard-
ous chemicals covered by
Section 312 are those for which
facilities are required to prepare
or have available an MSDS
under OSHA's Hazard Commu-
nication Standard and which
were present at the facility at
any time during previous calen-
dar year.
EPA has also established
threshold quantities for Section
312 for hazardous chemicals
below which no facility must
report. Currently those thresh-
olds are:
— for extremely hazardous
substances: 500 pounds or
the threshold planning
quantity whichever is lower
— for all other hazardous
chemicals:
January to December 1987
or first year of
reporting... 10.000 pounds.
January to December 1988
or second year of reporting
...10.000 pounds.
January to December 1989
or third year of
reporting...zero pounds.
(Note: The zero threshold
wlU be revised pending
further study.
The inventory form Incorporates
a two-tier" approach. Under
Tier I. facilities must submit the
following aggregate information
for each applicable hazard
category.
• An estimate (In ranges) of the
maximum amount of
chemicals for each category
present at the facility at any
time during the preceding
calendar year.
• An estimate (in ranges) of the
average daily amount of
chemicals in each category.
• The general location of
hazardous chemicals in each
category.
If requested by a local commit-
tee, state commission or local
fire department, the facility
must provide the following Tier
n Information for each sub-
stance subject to the request..
— The chemical name or the
common name as Indicated
on the MSDS.
—An estimate (in ranges) of
the maximum amount of the
chemical present at any time
during the preceding calen-
dar year.
—A brief description of the
manner of storage of the
chemical.
—The location of the chemical
at the facility.
—An indication of whether the
owner elects to withhold lo-
cation information from
disclosure to the public.
EPA published a uniform format
for the inventory forms on
October 15. 1987. Since many
state commissions have addi-
tional requirements or have
incorporated the federal con-
tents In their own forms. Tier If
n forms should be obtained
from the state commission.
Tier I information shan be
submitted for covered manufac-
turing facilities on or before
Emergency Planning and Community Rlght-To-Know Fact Sheet - 5
-------
March 1. 1988 and annually
thereafter on March 1. for all
covered facilities.
The Tier II form may be sent by
the facility Instead of a Tier I
form. The public may also
request Tier n Information from
the state commission and the
local committee. The Informa-
tion submitted by facilities
under Sections 311 and 312
must generally be made avail-
able to the public by local and
state governments during nor-
mal working hours.
SECTION 313: Toxic
Chemical Release
Reporting
Section 313 of the Emergency
Planning and Community Rlght-
to-Know Act of 1986 requires
EPA to establish an inventory of
routine toxic chemical emissions
~-om certain facilities. Facilities
abject to this reporting require-
ment are required to complete a
Toxic Chemical Release Form
(Form R) for specified chemicals.
The form must be submitted to
EPA and those state officials
designated by the Governor, on
or before July 1. 1988, and an-
nually thereafter on July 1.
These reports should reflect
releases during each preceding
calendar year.
The purpose of this reporting
requirement is to inform the
public and government officials
about routine releases of toxic
chemicals in the environment.
It will also assist in research
and the development of regula-
tions, guidelines, and stan-
dards.
The reporting requirement
applies to owners and operators
of facilities that have 10 or more
full-time employees, that are In
Standard Industrial Classifica-
tion (SIC) codes 20 through 39
(l.e.. manufacturing facilities)
and that manufacture (including
importing), process or otherwise
use a listed toxic, chemical in
excess of specified threshold
quantities.
Faculties using listed toxic
chemicals in quantities over
10.000 pounds In a calendar
year are required to submit
toxic chemical release forms by
(Concluded)
October 17.1969
August 23.1990
June 20,1091
ctober !7» 1991
:',,>'j>^
%..«. "-f •. * -.
' v ""v *v C"
•.~v-><
iv< VX
-list of ChenxbafeOTertheflnal threshold to
the state commission, local committee* and
local fire department (Section 311)
"*' -^ *"• -.
:: Non-manufacturing facilities submit MSDS's
or a list of chemicals over the final threshold
to the State commission, local committee*
and local fire department (Section3U)
Comptroller General Report to Congress on -
toxic chemical release information collection,
ttse and availability (Section 313 #))
EPA report to Congress on Mass Balance
Study {Section 313 (U) -
July 1 of the following year. Fa-
cilities manufacturing or proc-
essing any of these chemicals in
excess of 75.000 pounds In
1987 must report by July 1.
1988. Facilities manufacturing
or processing in excess of
50.000 pounds In 1988 must
report by July 1. 1989: thereaf-
ter, facilities manufacturing or
processing more than 25.000
pounds in a year are required to
submit the form. EPA can
revise these threshold quantities
and covered SIC codes.
The list of toxic chemicals
subject to reporting consist
initially of chemicals listed for
similar .reporting* purposes by
the States of New Jersey and
Maryland. There are over 300
chemicals and categories on
these lists. Through rule-
making, EPA can modify this
combined list
The final Toxic Chemical Re-
lease Form and regulations were
published in the Federal Regis-
ter on February. 16.1988. The
following information is re-
quired:
—The name, location and type
of business;
— Off-site locations to which
the facility transfers toxic
chemicals in waste:
— Whether the chemical Is
manufactured (including Im-
portation), processed, or
otherwise used and the
general categories of use of
the chemical:
—An estimate (In ranges) of
the rpq-rimiTm amounts of
the toxic chemical present at
the facility at any time
during the preceding yean
— Quantity of the chemical
entering each air. land, and
water annually:
6 - Emergency Planning and Community Right-To-Know Fact Sheet
-------
— Waste treatment/disposal
methods and efficiency of
methods for each waste
stream;
— Optional Information on
waste minimization; and
— A certification by a senior
facility official that the
report is complete and
accurate.
Reports are sent to EPA and
designated state agencies. EPA
must establish and maintain a
national toxic chemical inven-
tory based on the data submit-
ted. The public must be able to
access this national database.
and obtain the data through
other means.
In addition to the toxic chemical
release reporting requirements.
Section 313 authorizes EPA to
arrange for a Mass Balance
Study to be carried out by the
National Academy of Sciences.
rhe study win determine the
feasibility, utility, and alterna-
tives to collecting mass balance
type Information (throughout
quantities) as a supplement to
the currently required toxic
release data. A report of this
study must be submitted by
EPA to Congress no later than
October 17. 1991. An Interim
report from NAS is due to EPA
in early 1989.
OTHER TITLE III
PROVISIONS
Trade Secrets
Section 322 of the Emergency
Planning and Community Rlght-
to-Know law addresses trade
secrets as they apply to emer-
gency planning, community
right-to-know, and toxic chemi-
cal release reporting. Any
facility may withhold the spe-
cific chemical identity on these
submlttals. No trade secrets are
allowed to be claimed under
Section 304 of the statute. The
withholder must show that:
• the information has not been
disclosed to any person
other than a member of the
local planning committee, a
government official, an
employee of the withholder
or someone bound by a con-
fidentiality agreement;
measures have been taken
to protect the confidentiality;
and the withholder Intends
to continue to take such
measures;
• the information is not re-
quired to be disclosed to the
public under any other
Federal or State law;
• the information is likely to
cause substantial harm to
the competitive position of
the withholder: and
• the chemical identity is not
readily discoverable through
reverse engineering.
However, even if chemical
identity information can be
legally withheld from the public.
Section 323 provides for disclo-
sure of this information to
health professionals who need
the information for diagnostic
and treatment purposes or local
health officials who need the in-
formation for prevention and
treatment activities. In non-
emergency cases, the health
professional receiving the Infor-
mation must »
-------
any information entitled to
tectlon as a trade secret. In
addition. Section 326 allows
citizens to initiate civil actions
against EPA. state emergency
response commissions, and/or
the owner or operator of a
facility, for failure to meet the
requirements of the Emergency
planning and Community Right-
to-Know provisions.
Training Grants
Section 305 of the Emergency
Planning and Community Rlght-
to-Know law authorizes the
Federal Emergency Management
Agency to provide $5 million for
each of fiscal years 1987. 1986.
1989. and 1990 for training
grants to support State and
local governments. These train-
ing grants are designed to
improve emergency planning.
preparedness, mitigation.
response, and recovery capabili-
ties. Such programs must pro-
Tide special emphasis to hazard-
ous chemical emergencies. The
training grants may not exceed
80 percent of the cost of any
such programs. The remaining
20 percent must come from
non-Federal sources.
Emergency Systems Study
Under Section 305. EPA is
required to review emergency
systems for monitoring, detect-
ing, preventing and warning of
accidental releases of extremely
hazardous substances at repre-
sentative facilities that produce.
use. or store these substances.
EPA reported interim findings to
Congress in May 1987 and is
required to issue a final report
of findings and recommenda-
tions to Congress. The report
will Include EPA's findings
regarding each of the following:
— status of current technologi-
cal capabilities to (1) moni-
tor, detect, and prevent
significant releases of ex-
tremely hazardous sub-
stances; (2) determine the
magnitude and direction of
the hazard posed by each
release: (3) identify specific
substances; (4) provide data
on specific chemical compo-
sition of such releases: and
(5) determine relative con-
centration of the constituent
substances;
— status of public emergency
alert devices or systems for
effective public warning of
accidental releases of ex-
tremely hazardous sub-
stances into any media; and
— technical and economic
feasibility of establishing.
maintaining, and operating
alert systems for detecting
releases.
The report must also Include
EPA's recommendations fon
• Initiatives to support develop-
ment of new or Improved
technologies or systems that
would assist the timely
monitoring, detection, and
prevention of releases of
extremely hazardous sub-
stances.
• improving devices or systems
for effectively alerting the
public In the event of an
accidental release.
Public Access
Section 324 of the Emergency
Planning and Community Right-
to-Know law provides for public
access to Information gathered
under this law. Under this
section, all material safety data
sheets, hazardous chemical
inventory forms, toxic chemical
release form follow-up emer-
gency notices, and the emer-
gency response plan must be
made available during normal
working hours. In order to
inform the public of the availa-
bility and location of the Infor-
mation provided to the local
emergency planning committee.
the local committee must pub-
lish a notice annually in the
local newspaper.
For more Information, contact the
Emergency Planning & Commu-
nity Right-to-Know Information
Hotline:
Hotline: 1-800-535-0202 (in
Washington. D.C. (202) 479-2449)
Hours: 8:30 am - 4:30 pm
(Eastern Time) Monday - Friday
This Is NOT an emergency
number.
8 - Emergency Planning and Community Rlght-To-Know Fact Sheet
-------
CHEMICAL LISTS ASSOCIATED WITH
EMERGENCY PLANNING/COMMUNITY RIGHT-TO-KNOW
LIST
SECTION
PURPOSE
List of Extremely Hazardous
Substance? (366 Substances)
(40CFR355) %
§302; Emergency Planning
§304: Emergency Notification
* Facilities with more than
estimated planning quanti-
ties of thes.,,
' , f % •"-.
^ » Certain releases of these -
'" \/30^xwttQcatlbiitB,s6rtev - ''
-' ^Wit^iirrt'r«Airt"i**»iit'1 'v"w
cnt for National Re-
' '"-"^i.- ^ ^.^ft* "^ "iirf^X"-''' *.* V ''•
ered physical <^health1iazarda|
under OSHAs Hazard C^jmrnu--
nlcationS^ndJrd|201
anee standardrthere &
specific list of chemicals.],
'r-.&&3?^',*?">
§312: Emergency taventoiy
'ect'to
',<,
'ft-
? v. co«reredfacllltles to state
"ft"-; !','
.-A\,, '
tees and local fire depart-
ments. ' \ '''--' -
Toxtc
chemical
372) '
emical Release
.. ported on an emissions
'/iftK&ta^^
s' ment ofiQciais'and the public
abbui the release of toxie
chemicals into flic environ*
ment.
Emergency Planning and Community Righl-To-Know Fact Sheet - 9
-------
C-15
-------
State Title III Status Report -, Naiional Summary
Region
1
2
3
4
5
State
Massachusetts
Connecticut
Rhode Island
Vermont
New Hampshire
Maine
TOTAL
New Jersey
New York (as of 9/9)
Puerto Rico
Virgin Islands'
TOTAL
Washington. D.C.
Delaware
Maryland
Pennsylvania
Virginia
West Virginia
TOTAL
Alabama
Florida
Georgia '
Kentucky
Mississippi
North Carolina
South Carolina
Tennessee*
TOTAL
Illinois
Indiana
Michigan
Minnesota
Ohio
Wisconsin
TOTAL
LEPCs
Appointed
351
157
8
9
230
16
771
588
57
9
654
1
1
25
64
114
52
257
67
11
120
80
101
46
425
76
92
96
7
87
72
430
LEPCs
Functioning
334
157
8
9
175
16
699
397
57
9
463
1
1
25
64
107
52
250
67
11
50
68
101
46
343
72
87
91
7
83
68
408
302
Reports
850
230
319
170
1^69
1.280
2,339
501
4,120
16
277
850
1.717
1,330
4,190
1.452
1,100
2,510
1.377
1,131
7,570
2,646
2,000
1,263
1.500
2.609
800
10,818
Plans
234
102
8
0
4
10
358
141
57
9
207
1
1
15
32
48
16
113
62
0
90
28
99
46
325
45
62
16
7
50
35
215
304
Reports
1.075
3
many
6
0
1,084
10,153
10,153
16
30
32
78
24
147
80
14
10
275
0
311
Reports
150
500
many
302
952
1,393
1,200
474
3,067
21
800
1,500
90.178
2,500
94,999
1.767
2,510
2,420
598
7,295
2,950
2,000
2,450
2,200
3.159
2,000
14,759
312
Reports
550
270
many
82
902
• 10,059
1,100
• 365
11,524
6
650
520
1,916
796
3,888
2,921
1,010
3.664
597
8,192
3,211
2.430
1.285
2,200
3,137
2,000
14,263
313
Reports "
1.670
1,327
425
165
433
352
4,372
3,154
2.662
562
26
6,404
240
688
3,637
1.395
568
6,528
1 ,495
1,214
2,110
1,294
911
2.624
1,636
1.815
13,099
4.166
2,615
3,260
1,078
4,989
2,104
18.212
Information
Requests
15
6
8
0
65
1 1
105
183
5
188
50
12
21
200
10
10
303
6
? 14/day ?
10
174
3
193
very few
very few
very few
very few
very few
very few
very few
SERC
Workyears
0
1
1
0
2
19
0
19
2
2
1
3
1
0
9
8
0
3
2
13
0
SEFC
Funding
0
100.000
62.000
0
0
162,000
1,200,000
0
1,200,000
65,000
42,500
60,000
85.000
189,000
0
441,500
175,000
0
93,200
450,000
0
718,200
0
LEPC
Funding
0
1,000,000
0
0
0
1 ,000,000
0
0
0
0
0
0
0
0
0
720,000
0
0
0
0
720,000
0
-------
State Title III Status Repj^UNational Summary
6
7
a
9
10
Texas
Louisiana
Arkansas
Oklahoma
New Mexico
TOTAL
Kansas
Nebraska
Iowa
Missouri
TOTAL
Colorado
Montana
North Dakota
South Dakota'
Utah
Wyoming
TOTAL
Arizona
California
Nevada
Hawaii
TOTAL
Washington
Oregon
Idaho
Alaska
TOTAL
U.S. TOTAL
289
64
77
78
31
539
105
10
99
65
279
58
56
53
13
23
203
15
6
17
4
42
45
1
6
5
57
3,657
289
64
77
75
28
533
105
5
60
50
220
53
40
53
13
23
182
15
6
13
4
38
40
1
6
0
47
3,1 83
4.700
695
300
658
420
6,773
2.639
1.300
1.260
719
5.918
379
250
1.078
425
230
2,362
232
1,800
402
200
2,634
550
553
601
47
1.751
47,705
' Data not received from State
116
38
70
26
20
270
81
1
21
44
147
16
26
25
13
21
101
15
6
12
0
33
8
1
5
0
14
1 ,783
1.801
1.228
12
100
- - -or .--<••
3.141
38
very few
38
21
5
10
5
5
46
i<
3
180
1
3
187
24
4
5
2
35
15.037
4,700
2,000
1.219
3.500
500
11,919
2.288
1.313
644
4.245
433
300
938
151
145
1,967
837
2,600
300
3,737
550
329
601
70
1,550
144,490
unknown
6,551
497
3,500
200
10,748
552
1.326
992
2.870
305
300
938
120
117
1,780
493
351
150
994
460
6,010
600
30
7,100
62,261
" Data reported by facilities to EPA HO
5,268
t.779
934
678
125
8.784
668
. 414.
986
1.769
3.837
526
157
72
54
371
129
1.309
506
5.472
117
116
6.211
1,009
637
154
81
1,881
70,637
unknown
8
6
7
1
22
10
2
20
32
10
0
1
2
4
17
20
200
220
150
60
0
0
210
1 ,290
3
2
2
7
14
2
0
16
0
0
0
2
2
4
23
0
1
24
0
3
1
4
97
unknown
some
60.000
63.687
86.000
209,687
750,000
100,000
0
112,000
962,000
0
0
0
150,000
6,000
156,000
245,000
1.200.000
0
1.445,000
352,462
0
100.000
70
452,532
5,746,91 9
0
some
3,000
0
some
3,000
0
0
0
0
0
0
0
0
0
120,000
0
0
120,000
0
0
15,000
0
15,000
1 ,858,000
-------
STATEMENT OF
J. WINSTON PORTER
ASSISTANT ADMINISTRATOR FOR
SOLID WASTE AND EMERGENCY RESPONSE
U.S. ENVIRONMENTAL PROTECTION AGENCY
BEFORE THE
SUBCOMMITTEE ON SUPERFUND AND ENVIRONMENTAL OVERSIGHT
OF THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS
UNITED STATES SENATE
MAY 26, 1988
Mr. Chairman and members of the subcommittee, I am J.
Winston Porter, Assistant Administrator for the Office of Solid
Waste and Emergency Response. With me today are Victor Kimm,
Deputy Assistant Administrator for the Office of Pesticides and
Toxic Substances, and Frederick F. Stiehl, Associate Enforcement
Counsel for the Office of Enforcement and Compliance Monitoring.
I appreciate this opportunity to discuss the implementation of
the Emergency Planning and Community Right to Know Act of 1986
(Title III).
I. OVERVIEW
It is a year and one-half since Title III was enacted. That
particular action introduced into our nation a new relationship
among government at all levels, federal, State and local,
industry and the private sector, environmental and other public
interest organizations, and the general public regarding
information related to chemical safety. All of these parties
have roles in program implementation.
The federal role is to provide national leadership,
guidance, technical assistance and training through the States
and to develop regulations and appropriate enforcement
-------
2
mechanisms. States, through State Emergency Response
Commissions, provide program leadership to ensure the development
of an emergency planning structure and implementation of State
and local Title III responsibilities and to provide training and
technical assistance to communities. The local government role
is to take the lead in carrying out emergency planning, community
right to know and response functions. It is the responsibility
of industry officials to ensure compliance with Title III
reporting requirements and to actively participate with the SERCs
and LEPCs, to ensure the effectiveness of this program,
especially at the local level. Finally, the public role
involves gaining increased awareness and understanding of
chemical risks and supporting actions to increase public safety
and protection of the environment.
This is not a typical Federal regulatory program. For
example, EPA does not receive the majority of the required
reports and Congress recognized that fundamental responsibility
for implementation already rested with State and local
governments. While Title III has programs that deal with both
the routine and the accidental releases, they have very
consistent and common threads. For example, each requires the
receipt and analysis of substantial amounts of information at the
State or local level regarding chemical risk to the community.
The data, when properly assimilated may prompt significant state
or local action using State or local authorities or even direct
and persuasive dialogue with local industry. Each program
-------
3
requires communication of risk in a rational and understandable
manner to the local citizens. Each requires a relationship with
the private sector producer or user of chemicals in a cooperative
manner. Also, each can be benefited by an informed and
knowledgeable citizenry at the local level.
Today, I would like to provide you with a status of Title
III implementation activities at all levels, outline our
enforcement strategy and discuss future plans. In the past
nineteen months, we have met ten statutory deadlines, published
seven substantive_rulemakings. under Sections 302, 304, 311, 312
and 313, provided an interim report to Congress on the Review of
Emergency Systems, (or .Byrd Study), presented with FEMA a plan to
Congress for administering Section 305(a) State training grants,
and initiated an extensive outreach program. Let me begin with a
detailed report on emergency planning and training.
II. EMERGENCY PLANNING AND TRAINING
In the law, the Governor of each State is required 'to
appoint a State Emergency Response Commission (SERC) which is
intended to be broad based. I am pleased to report that every
state has designated a SERC.
These commissions under Section 302 requirements received
notifications from facilities where any of 366 extremely
hazardous substances were present in excess of threshold planning
quantities established by the EPA. The commissions also defined
-------
4
local emergency planning districts. Thirty-four States used
county (or county/municipality) designations, 10 used regional
boundaries and six States designated only one district state-
wide. The commissions were further required to appoint,
supervise and coordinate local emergency planning committees
(LEPC) for these districts. The law was very specific about the
membership of these LEPCs, involving most segments of the
population---f ire, police, civil defense, state and local
officials, media, environmental groups. To date, all States have
established local emergency planning districts. However, the
number of districts per State and the functioning level of the
committees varies greatly.
The end result of this effort is a comprehensive emergency
plan which is due to be developed by these local emergency
planning committees by October 17th of this year. EPA shares
with others a concern over the quality of these plans in light of
the short time allowed for development. Compliance rates for the
emergency planning notification by industry is believed to be
less than 50 percent of what States expected. This is due in
large part to lack of awareness on the part of small businesses
and others regarding their role in the planning process. On the
other hand, planning guidance was published by the National
Response Team for use by LEPCs within five months of enactment of
the law and an additional technical guide explaining hazard
analysis for extremely hazardous substances was published in
January by EPA, FEMA, and DOT. Work is currently underway on an
-------
5
expansion of this guide to address hazard analysis for all
hazardous materials (e.g., explosives, flammables,etc.). This
expanded guide will be published by the full National Response
Team and should be available this fall.
Concerning extensions of the statutory planning deadline
under Section 303, EPA is encouraging State commissions and local
planning committees to consider the October deadline the first
round of the planning process. The goal for this October should
be to develop the best possible plans given the short time frame
and other constraints. Title III makes clear that the planning
process is iterative and continuous, with updates, revisions and
testing each year. EPA will work with other Federal agencies to
assist SERCs and LEPCs to improve the process and plans during
each planning cycle.
We have already learned of several areas which got an early
start and are near or at completion now. One of the forerunners
is the community of Hopewell, Virginia.
From the outset of the voluntary Chemical Emergency
Preparedness Program (CEPP), which preceded Title III, the
accident preparedness, prevention, response and mitigation
program in the Environmental Protection Agency (EPA) has focused
on local planning and local action as its core. Historically, in
the area of routine releases of toxic chemicals into one or
another of the waste streams, the focus has been national
legislation and regulation with full recognition that one of the
weaknesses in implementation was the lack of direct local
-------
6
community involvement. As a general rule, there is no carefully
constructed, durable, and effective network of institutions at
the local level and the program has traditionally been
implemented by State organizations.
Title III recognized these structural issues and required
the creation of institutions at the local level to specifically
deal with the full range of toxics problems — accidental and
routine-identified under the emergency response and right-to-know
programs. In the long term, these new organizations — State
commissions and local planning committees — can provide a
structure for coordinating State and community actions for
prevention, preparedness, and response to both accidental and
routine chemical releases.
Each SERC is also required to notify EPA of the facilities
that are subject to the planning requirements of Title III. EPA
Regional Offices have received these notifications from states.
EPA will use this information to work with states to identify
priority areas and compliance patterns.
While EPA is not directly responsible for administering the
Title III training grants under Section 305(a), we have been
actively working with FEMA to ensure effective use of these grant
monies. FEMA and EPA developed a plan for distributing the
grants which was submitted to Congress in June of 1987. We serve
on the Interagency Technical Review Panel, along with OSHA,
ATSDR and FEMA, which provided recommendations to FEMA for
-------
7
distributing the grants in 1987 and 1988. The State Commissions
are responsible for submitting States' proposals for the grants.
III. COMMUNITY RIGHT TO KNOW REPORTING
The Community Right-to-Know provision of the law builds on
the OSHA Hazard Communication standard—the worker right to know
program. There are two reports which facilities covered by this
standard must provide to State commissions, local planning
committees and fire departments.
Material Safety Data Sheets (MSDS) or a list of MSDS
chemicals were required to be submitted beginning October 17,
1987. Additionally, an annual inventory report was due on these
same chemicals beginning March 1 of this year. Again, compliance
levels are believed by States to be less than 50% of what is
expected. OSHA's expansion of the worker right-to-know program
will significantly impact reporting under Title III later this
year.
Of primary concern is the information management problems
for the receiving entities. Currently about 350,000 facilities
are subject to the OSHA standard. After the Occupational Safety
and Health Administration (OSHA) expansion of coverage, there is
potential for reporting by 4.5. million facilities on some
500,000 products. EPA established thresholds of 10,000 pounds
for the first two years of reporting, except for the list of
extremely hazardous substances, which has a lower threshold. We
are currently studying the appropriate level for a permanent
-------
8
third-year threshold. Our goal in setting thresholds is to
strike a balance between information needed to protect public
safety and information overload which could mask community
hazards. However, public access to information below the
thresholds will be preserved.
Perhaps this is the time to discuss EPA assistance to SERCs
and LEPCs regarding information management activities associated
with Title III. EPA has scheduled five information management
workshops for SERCs and LEPCs this summer. The primary purpose
of these workshops is to provide a forum for the sharing of
information on systems developed and used by these various
constituencies for handling of data. Some states have
designated a particular location to design an information system
for state-wide use. The Seattle fire department has been
instrumental in the Department of Commerce National Oceanic and
Atmospheric Administration's (NOAA) development of the CAMEO
system which is an information management system that can also be
helpful in planning for and responding to a chemical accident.
While this system is in the public domain, there are a great
many other systems available in the private sector to manage the
kind of data used in Title III implementation. We're trying to
foster the exchange of States' and communities' experiences in
this area.
Concerns have also been raised regarding the use of MSDS
since there are numerous MSDS for the same chemical, the format
is not standardized and there is doubt that the technical
information can be easily understood by the LEPCs and the public.
-------
9
EPA is consulting with OSHA, Chemical Manufacturers Association,
and the American Society of Testing Materials on these issues.
IV. TOXIC CHEMTCAL REI.F.ASR INVENTORY
Regarding the Toxics Release Inventory, or TRI data
required under section 313 Title III, I believe we have made some
major achievements given our short deadlines. As you know, the
TRI regulations list over 300 chemicals and 20 chemical
categories which are subject to the annual reporting
requirements. The TRI is a unique environmental data base
because it collects data on emissions to the air, water, and land
and will provide the Agency, state and local governments,
industry and the public unique opportunities in the use of the
data. EPA's efforts to implement TRI have focussed primarily on
the following objectives:
1. design a data collection form which accurately incorporates
the breadth of information which Congress mandated be collected;
2. carry out an outreach program to contact as many
manufacturers as possible who are subject to the reporting
requirement;
3. provide technical guidance to industry regarding how to
develop accurate answers to the questions on the report form;
4. design an efficient computer-based data system to house the
data and to catch obvious errors in the submitted data;
-------
10
5. provide the data to the public both electronically and by
other means in a manner which promotes easy access and use;
6. work with our state and local colleagues to help them prepare
for answering questions from the public regarding the data; and
7. determine how EPA itself can make the best use of the data in
its own programs.
Let me elaborate on how we have worked to achieve these
objectives. EPA's reporting form and proposed rule, which were
carefully crafted to follow the Congressional blueprint for the
content of the data base, were published by the June 1, 1987
deadline. The final rule, form and instructions were published
on February 16, 1988, meeting the goal of providing final
requirements and other guidance in time for the regulated
community to effectively comply by the July 1, 1988 deadline.
EPA has also taken a number of steps to notify companies of
their reporting obligations and to provide technical assistance
to facilitate accurate reporting. The Agency developed an
information brochure and mailed it to over 300,000 potentially
covered facilities. We developed and are distributing a
videotape to assist in reaching smaller facilities that may need
to report. We developed a detailed training program for
regional personnel and the regulated community on the 313
reporting rule's provisions and techniques for release
estimation. The Agency is also providing technical support
through an information hotline service that is answering over 300
section 313 calls per day. We have also developed a detailed
-------
11
technical guidance document for estimating releases and waste
treatment efficiencies. We have developed 11 industry specific
guidance documents for industries such as electroplating
operations, textile dying, etc., and 6 more will soon be
available.
The Agency has also taken steps to assure that the data
received from the reports are effectively entered into the data
base and that a proper management system for the data is in
place. The start-up of the data processing center is on schedule
and has begun limited data entry activities. Design and
programming for the data base has been completed and is being
tested. Because we are concerned about the quality of the data
which will be reported, we are incorporating automatic "edit
checks" into the computer program to detect obvious omissions and
errors. This will allow notices of non-compliance to be
generated by the computer for major errors and sent to the
submitting company for correction.
The Agency has taken a number of steps to provide public
access to the TRI database. In early March 1988, EPA issued and
distributed a report regarding options to make TRI Data Base
accessible to the public. A public meeting was held on March 30,
1988 to present the options analysis and EPA's recommended
approach for making TRI data publicly available on a database.
We decided to proceed with an Interagency Agreement with the
National Library of Medicine and to encourage private vendors to
put the data on thin systems as well. We believe this is the
-------
12
best option based primarily on two salient features: cost to the
user of the NLM system (estimated at $18.00 to $25.00/hr. ) ; and
access to NLM's multiple complementary toxicological and other
health and safety data files. We expect to sign the EPA/NLM
interagency agreement shortly. Subsequently, we expect the TRI
public database will be available in Spring 1989, following the
procurement of the computer equipment and the requisite
programming by NLM. As required by Title III, EPA will also use
"other means" of distributing the data. Among the options being
evaluated are computer generated microfiche, and CD - ROM
(compact disks which can be searched by computer).
The release of the TRI data will undoubtedly stimulate many
questions from the public, ranging from "What do these releases
mean for my health and the health of my community?" to "What
type of controls have been imposed on these releases and can more
be done?" Environmental and health officials at all levels of
government will be the recipients of these questions which, in
one sense are really no different from questions we all receive
today, but which are likely to require more detailed and
specific answers. Within available resources we are working to
provide state and local officials with support for their
inevitable role in answering these questions, building on their
traditional role of answering this type of question from the
public. We recognize, however, that this type of question from
the public adds a new burden on their personnel which they have
not anticipated. We therefore need to be modest in our
-------
13
expectations of their ability to respond. For their use in the
immediate future, we are preparing: a one-page citizens'
brochure that answers questions such as what is the Toxic Release
Inventory, and how additional information may be obtained; a
question and answer document to be given to Regions, State and
local officials for use in assisting them in answering questions
which they may receive from the general public; and chemical
fact sheets (developed by the state of New Jersey) covering the
basic health hazards of the chemicals listed in section 313 of
Title III of SARA. By July of 1988, 170 of the 300 New Jersey
fact sheets will be completed and available for distribution.
The remaining fact sheets will be completed by early 1989.
Use of the data within the Agency, across the various media
programs, is also a high priority for EPA. We have an active TRI
Task Force composed of Agency managers which is focusing on the
use of the data by EPA. Among the uses being studied are the
prioritizing of regulatory and enforcement activities in all of
our media programs.
In summary, we have worked hard to make the Toxic Release
Inventory an effective new source of information for the public
and for environmental professionals in EPA and in state and local
agencies. We have developed an efficient form to collect the
data, attempted to notify as many manufacturers as possible about
the requirements of the law and how to provide accurate data, and
set up the internal structure to receive and computerize the
data. We are making a special effort to try to understand the
-------
14
needs of potential users and to provide "user-friendly" access to
the data. We now await the arrival of the data and the beginning
of this new program which we are sure will prove to be an
important one for both the public and for EPA.
V. OUTREACH ACTIVITIES
"Getting the word out" is one of the most difficult problems
we faced over the last year and a half. To meet the somewhat
unprecedented outreach requirements of Title III, the Agency is
working to help prepare states and localities to respond to
inquiries about the law and the data, educate the public about
the requirements and opportunities under Title III, help prepare
them to access and understand the data being reported, and work
with industry to ensure compliance.
An Agency-wide Outreach Subcommittee, including a designated
Title III Outreach Coordinator from each region, represents
offices involved in implementing and communicating the Title III
program. It was designed primarily to ensure coordination and
consistency, support the regions in their outreach efforts, share
information and maximize the benefits for public information/
education. It's important to note that, while the Outreach
Subcommittee was formed to assure coordination and consistency,
outreach is an integral part of the overall implementation plan
for this program. Those involved in managing and implementing
this program are sensitive to the need for effective
-------
15
communication and interaction with all parties involved in Title
III, especially the public.
Together, HQ and regional communications coordinators,
working closely with program managers are: targeting audiences;
tailoring specific messages to those audiences; responding to
requests for speakers; identifying opportunities for senior
managers to incorporate Title III into presentations and helping
them prepare for those presentations; establishing ongoing
communications contact with the SERCs; establishing and
maintaining a dialogue with interested and involved external
groups; identifying needed public information materials; setting
priorities for developing those materials; ensuring that
materials being provided to the public are consistent, clear,
accurate and timely. Regional and HQ Outreach Coordinators work
closely with program managers to provide support and counsel as
they develop their implementation plans and in most instances,
provide a regular forum for information-sharing and problem
identification.
VI. ENFORCEMENT
Having established these outreach efforts to inform the
regulated community, we are now turning our attention to
enforcement. Title III authorizes the Federal government, state
and local governments, and citizens to bring legal action against
owners or operators of facilities for their failure to comply
with Title III. Title III gives States, local governments, and
-------
16
citizens the right to information on hazardous chemicals used in
their areas and the tools to access that information should an
owner or operator fail to meet the statutory reporting
obligations. State and local involvement in enforcement of Title
III is essential to its successful implementation.
In trying to meet the challenge of enforcing Title III at
the Federal level, two distinct approaches are being taken.
First, under Section 313, the Agency is receiving data
submissions directly from facilities that are required to report.
Using submitted reports, the data will be screened for errors,
i.e., missing information. Computer generated Notices of
Noncompliance will be issued to those with major errors based on
these data screens. The Agency plans to identify non-reporters
by identifying companies likely to be subject to section 313,
comparing the information against the list of those who reported,
and conducting inspections at facilities which failed to report
to verify that they are subject. EPA plans to identify and
penalize non-reporters.
A second approach is being used for enforcement of the
reporting requirements under Sections 302, 303, 304, 311, and
312. Since these reports are sent directly to States, LEPCs, and
fire departments, EPA will be depending on states to carry much
of the routine enforcement load. The Agency will concentrate its
resources on enforcement follow-up to violations of the
accidental release notification requirements of CERCLA Section
103 and SARA 304. Section 304 of Title III emergency release
-------
17
notification builds on the release reporting to the National
Response Center which is required under CERCLA. Facilities that
spill any of approximately 700 CERCLA hazardous substances or any
of the Title III extremely hazardous substances must notify SERCs
and LEPCs and provide a written follow-up report under Section
304. It is difficult to estimate compliance rates under this
section because many states and localities had emergency
notification requirements in place prior to passage of Title III.
Title III cases are currently being developed in Regions IV and V
in response to requests from States and local committees.
EPA will combine CERCLA Section 103 and SARA Section 304
enforcement whenever possible and, in developing these cases, EPA
will routinely coordinate with the appropriate SERC to
incorporate other violations of Title III into the case.
Additionally, EPA will take enforcement action on specific cases
referred by the SERCs for violations of Sections 302, 303, 311,
and 312. However, EPA believes that states and locals have the
primary responsibility for enforcement of these Sections. SERCs
and LEPCs have the statutory authority to enforce Sections 302,
303, 311, and 312 through civil actions.
We believe that the enforcement program currently under
development by the Agency will be sufficient to address the
demand. Current demand from SERCs for EPA enforcement has been
limited to a few isolated cases. We do not anticipate a large
number of requests to intervene on behalf of the States. In
fact, EPA expects that many more States will incorporate the
-------
18
Federal reporting requirements into State law and take ownership
of the program and its enforcement.
VII. FUNDING AND RESOURCES
The State commissions, local planning committees and fire
departments continue to assert the need for Federal funding of
Title III activities. Nonetheless, many have managed to generate
resources. In a recent poll conducted nationally by the State of
Kansas, of the nineteen respondent states, thirteen had approved
significant state funding for current and/or future Title III
operations. In addition, four states have implemented fee
structures under the law, and eight other states have pending
legislation for such systems.
Several States appropriated money for Title III in 1987.
North Carolina and Kansas led the country in Title III spending,
each appropriating approximately half a million dollars. This
year and next, Kansas is spending general revenues for Title
III, but that will soon change. Since January of this year,
reporting facilities have been paying a fee with each filing
ranging from $12 to $46.
VIII. FUTURE DIRECTIONS
While preparing to respond to chemical accidents is
important, preventing them in the first place is even more
crucial. It is therefore important that we place more emphasis
on prevention activities. The Section 305(b) review of emergency
-------
19
systems, which should be submitted to the Congress shortly, not
only identified areas where improvements in technology are
needed, but also highlighted the need for management commitment
and support, and information sharing, aimed at actual prevention
of chemical accidents. We plan to continue the dialogue
established with industry, trade and professional organizations,
states, and environmental groups regarding needs in the areas of
hazard evaluation, prevention, detection, and monitoring
technologies, and public alert devices via the continuation of
technical panels formed as part of the study. We will work
closely with all of these groups to fill gaps in research and
development and information in these areas. To this end, we will
continue to gather and exchange information on the causes of
accidents and approaches to prevent them, sharing it domestically
and internationally and emphasizing distribution to small
companies, users and distributors, SERCs and LEPCs.
As we work to strengthen the capabilities of the SERCs and
LEPCs, we will include guidance and technical assistance in the
areas mentioned above in an effort to enhance an understanding of
the hazards of chemicals and chemical processes and thus promote
a dialogue with industry that will result in local actions to
decrease the risk of chemical accidents. We will also place a
renewed emphasis on the conduct of chemical process safety audits
and conduct an effort to strengthen agency and state capability
in these areas.
-------
20
We expect to complete the major rule-making activity next
month with the final rule on trade secret provisions. In
addition, EPA, in collaboration with other Federal agencies, will
continue to emphasize our support to SERCs and LEPCs by providing
guidance, technical assistance and training through our Regional
offices. The effectiveness of this structure is essential to the
success of the Title III program. Planned support includes
additional guidance materials and updates/revisions of existing
documents; technical assistance in plan development, hazards
analysis, exercising plans, information management, risk
communication, compliance and enforcement, outreach, and accident
prevention; expansion of existing training courses and
development of new training courses and materials. We will
continue to support national and regional conferences and
workshops to share information on program successes and problems
and work with the National Governor's Association to share
information among states and consult with states on program
implementation. For example, NGA and EPA are sponsoring a
national SERC/LEPC conference on June 8 through June 10.
IX. CONCLUSION
In conclusion, I would like to indicate that we view Title
III as the beginning rather than the end of a national chemical
safety program. It is an extraordinary legislative opportunity,
but also carries some important burdens for individuals,
governments, and industries. As a result of the new information
-------
21
flow, data will have to be developed, provided, received,
assimilated, managed, disclosed, explained, understood, stored,
interpreted, used and acted upon by many people, some of whom
have no familiarity with that kind of data, and by many people
and organizations who didn't have or don't have much time to
prepare to deal with these issues.
The Pampa, Texas Fire Department shares our view that the
legislation provides an opportunity rather than a burden. In a
recent letter to the International Association of Fire Chiefs,
they explained how they are implementing Title III by building on
an existing program in which every business in the city is
inspected annually for fire hazards. During the course of
inspections, a hazardous materials response team member surveys
the business to determine reportable chemicals, informs the owner
or operator about Title III and assists them with reporting
procedures, this not only helps in planning for possible
hazardous materials incidents, but also enhances the public
relations of the fire department. Many other fire departments
across the country are similarly taking enlightened approaches to
the Title III program to increase public safety and environmental
protection.
The result we all hope for from all of this isn't a single
product or written plan at all, but a process, one of an informed
community grappling with the management of the presence of
chemicals. If we succeed, we should save some lives.
-------
22
Mr. Chairman, that concludes my testimony for today. Thank
you for ' the-.; opportunity to testify on this very important
program. If you have any questions, I .would be happy to answer
them.
------- |