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TITLE ill FACT SHEET &EPA
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EMERGENCY PLANNING AND
COMMUNITY RIGHT-TO-KNOW1
J
U.S. Environmental Protection Agency
INTRODUCTION
On October 17,1986, the
"Superfund Amendments and
Reauthorization Act of1986"
(SARA) was enacted into law. One
part of the new SARA provisions is
Title III: the Emergency Planning
and Community Right-to-Knaw
Act of1986. Title III establishes
requirements for Federal, State, and
local governments and industry
regarding emergency planning and
community right-to-know'
Reporting on hazardous and toxic
chemicals. This legislation builds
upon EPA's Chemical Emergency
Preparedness Program (CEPP) and
numerous State and local programs
earned at helping communities to bet-
ter meet their responsibilities in
regard to potential chemical emer-
gencies. The community right-to-
know provisions of Title HI will
help to increase the public's knowl-
edge and access to information on
the presence of hazardous chemi-
cals in their communities and
releases of these chemicals into the
environment.
Title III has four major sections:
emergency planning (§301 -
§303), emergency notification
(§304), community right-to-know
reporting requirements (§311,
312), and toxic chemical release
reporting - emissions inventory
(§313).
§301-303: Emergency
Planning:
The emergency planning sections
are designed to develop State and
local governments' emergency
response and preparedness capa-
bilities through better coordination
and planning, especially within the
local community.
Title III requires that the Governor
of each State designate a State emer-
gency response commission by
April 17,1987. If a State commis-
sion is not designated, the Gover-
nor will operate as the commission
until the Governor makes such des-
ignation. While existing State
organizations can be designated as
the State emergency response com-
mission, the commission can have
broad-based representation. Public
agencies and departments con-
cerned with issues relating to the
environment, namral resources,
emergency services, public health,
occupational safety, and transporta-
tion all have important roles in Title
III activities. Various public and
private sector groups and associa-
tions with interest and exper-
tise in Title III issues also can be
included in the State commission.
The State commission must desig-
nate local emergency planning dis-
tricts by July 17,1987, and appoint
local emergency planning commit-
tees within one month after a dis-
trict is designated. The State com-
mission is responsible for supervis-
ing and coordinating the activities
of the local emergency planning
committees, for establishing proce-
dures for receiving and processing
public requests for information col-
lected under other sections of Title
III, and for reviewing local emer-
gency plans.
This local emergency planning com-
mittee must include elected State
and local officials, police, fire, civil
defense, public health profes-
sionals, environmental, hospital,
and transportation officials as well
as representatives of facilities sub-
ject to the emergency planning
requirements, community groups,
and the media. No later than Sep-
tember 17, 1987, facilities subject
to the emergency planning require-
ments must designate a representa-
tive to participate in the planning
process. The local committee must
establish rules, give public notice of
its activities and establish proce-
dures for handling public requests
for information.
The local committee's primary
responsibility will be to develop an
emergency response plan by Octo-
ber 17,1988. In developing this
plan, the local committee will evalu-
ate available resources for preparing
for and responding to a potential
chemical accident. The plan must
include:
•	Identification of facilities and
extremely hazardous substances
transportation routes
•	Emergency response procedures,
on-site and off-site
•	Designation of a community coor-
dinator and facility coordinator(s)
to implement the plan
•	Emergency notification proce-
dures
•	Methods for determining the
occurrence of a release and the
probable affected area and
population
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Key Dates to Remember
November 17.1986
EPA published List of Extremely Hazardous
Substances and Planning Threshold Quantities
in Federal Register (§302,303,304)
November 17,1986
EPA initiates comprehensive review of
emergency systems (§305(b))
January 27,1987
Format for Emergency Inventory Forms and
reporting requirements published in Federal
Register (§311,312)
March 17,1987
National ResponseTeam publishes guidance for
preparation and implementation of emergency
plans (§303(f))
April 17,1987
State governors appoint State emergency
response commissions (§301 (a))
May 17,1987
Facilities subject to Section 302 planning
requirements notify State emergency
response commission (§302(c))
Intenm report on emergency system review due
to Congress (§305(b))
June 1,1987
EPA publishes toxic chemical release
(i.e., emissions inventory) form (§313(g))
July 17,1987
State emergency response commission
designates emergency planning distncts
(§301 (b))
August 17,1987
(or 30 days after
designation of dis-
tricts, whichever is
sooner)
State emergency response commission appoints
members of local emergency planning
committees (§301 (c))
September 17,1987
(or 30 days after
committee is formed,
whichever is earlier)
Facility notifies local planning committee of
selection of a facility representative
(§303(d)(1))
October 17,1987
MSDS or list of MSDS chemicals submitted to
State commission, local committee and local
fire department (§311 (d))
March 1,1988
(and annually there-
after)
Facilities submit their emergency
inventory forms to State commission, local
committee and local fire department (§312(a)(2))
April 17,1988
Final Report on emergency systems study due
to Congress (§305(b))
(Continued on page 5)

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•	Description of community and
industry emergency equipment
and facilities and the identity of
persons responsible for them
•	Evacuation plans
•	Description and schedules of a
training program for emergency
response personnel
•	Methods and schedules for exer-
cising emergency response plans.
In order to assist the local commit-
tees in preparing and reviewing
plans, Congress required the
National Response Team (NRT),
composed of 14 Federal agencies
with emergency response responsi-
bilities, to publish guidance on
emergency response planning.
This guidance, the Hazardous Mate-
rials Emergency Planning Guide,
will be published by the NRT and
incorporates emergency planning
aspects of the CEPP Interim Guid-
ance. It also replaces the Federal
Emergency Management Agency's
Planning Guide and Checklist for
Hazardous Materials Contingency
Plans (popularly know as FEMA-
10). See Federal Register dated
12/2/86.
The emergency response plan must
be reviewed by the State commis-
sion as well as annually by the
local committee. The Regional
Response Teams, composed of the
Federal Regional officials and State
representatives, may review the
plans and provide assistance to the
local committees upon request.
Those planning activities of the
local committees and facilities
should be focused on, but not lim-
ited to, the 402 extremely hazard-
ous substances published in the
November 17,1986, Federal Regis-
ter. The list included the threshold
planning quantities for each sub-
stance. EPA can revise the list and
threshold planning quantities based
on the toxicity, reactivity, volatil-
ity, dispersability, combustability,
or flammability of a substance.
Any facility that produces, uses, or
stores any of the listed chemicals in

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a quantity 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. By May 17,1987,
covered facilities must notify the
State commission that they are sub-
ject to these requirements. If a facil-
ity begins to produce, use, or store
any of the extremely hazardous sub-
stances in threshold quantity
amounts, it must notify the State
commission within 60 days.
Each State commission must nodfy
EPA of all facilities subject to the
emergency planning requirements,
including facilities designated by
the State commission or the
Governor.
§304: Emergency
Notification
Facilities must immediately notify
the local emergency planning com-
mittee and the State emergency
response commission if there is a
release of a listed hazardous sub-
stance that exceeds the reportable
quantity for that substance. Sub-
stances subject to this requirement
are substances on the list of 402
extremely hazardous substances as
published in Federal Register on
11/17/86 and substances subject to
the emergency notification require-
ments under CERCLA Section
103(a).
The initial notification can be by tele-
phone, radio, or in person. Emer-
gency notification requirements
involving transportation incidents
can be satisfied 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 sub-
stance is extremely hazardous
•	An estimate of the quantity
released into the environment
•	The time and duration of the
release
•	The medium into which the
release occurred
•	Any known or anticipated acute
or chronic health rista associated
with the emergency, and where
appropriate, advice regarding med-
ical attention necessary for
exposed individuals
•	Proper precautions, such as evacu-
ation
•	Name and telephone number of
contact person.
Section 304 also requires the fol-
low-up written emergency notice
after the release. The follow-up
notice or notices shall:
•	Update information included in
the initial nooce, and
•	Provide information on:
-	Actual response actions
taken
-	Any known or anticipated data
or chronic health risks associ-
ated with the release
-	Advice regarding medical atten-
tion necessary for exposed indi-
viduals.
Until State commissions and local
committees are formed, releases
should be reported to appropriate
State and local officials.
§311-312: Community Right-
to-Know Reporting
Requirements
There are two "community right-to-
know" reporting requirements
which apply primarily to manufac-
turers and importers. Section
311 requires that facilities which
must prepare or have available mate-
rial safety data sheets (MSDS)
under the Occupational Safety and
Health Administranon (OSHA) reg-
ulations to submit either copies of
its MSDS or a list of MSDS chemi-
cals to:
•	The local emergency planning
committee
•	The State emergency response
commission
•	The local fire department.
If the facility owner or operator
chooses to submit a list of MSDS
chemicals, the list must include the
chemical name or common name of
each substance and any hazardous
component as provided on the
MSDS. This list must be organized
in categories of health and physical
hazards as set forth in OSHA regu-
lations unless modified by EPA.
If a list is submitted, the facility
must submit the MSDS for any
chemical on the list upon the
request of the local planning com-
mittee. Under Section 311, EPA
may establish threshold quantities
for hazardous chemicals below
which no facility must report.
The initial submission of the
MSDSs or list is required no later
than October 17,1987, or 3 months
after the facility is required to pre-
pare or have available an MSDS
under OSHA regulations. A
revised MSDS must be provided to
update MSDS which were
originally submitted if significant
new information regarding a chemi-
cal is discovered.
The reporting requirement of Sec-
tion 312 involves submission of
an emergency and hazardous chemi-
cal inventory form to the local emer-
gency planning committee, the State
emergency response commission
and the local fire department. The
hazardous chemicals covered by
Section 312 are the same for
which facilities are required to sub-
mit MSDS or the list for Section
311.
Under Section 312, EPA may
also establish threshold quantities
for hazardous chemicals below
which no facility must be subject to
this requirement.
The inventory form incorporates a
two-tier approach. Under Tier I,
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facilities must submit the following
aggregate information for each appli-
cable OSHA category of health and
physical hazard:
•	An estimate (in ranges) of the
maximum amount of chemicals
for each category present at the
facility at any time during the pre-
ceding calendar year
•	An estimate (in ranges) of the
average daily amount of chemi-
cals in each category
•	The general location of hazardous
chemicals in each category.
Upon request of a local committee,
State commission or local fire
department, the facility must pro-
vide the following Tier II informa-
tion for each substance subject to
the request:
•	The chemical name or the com-
mon name as indicated on the
MSDS
•	An estimate (in ranges) of the
maximum amount of the chemical
present at any time dunng the pre-
ceding calendar 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 withold location
information from disclosure to
the public.
The public may also request Tier II
information from the State commis-
sion and the local committee. The
information submitted by facilities
under Sections 311 and 312
must generally be made available to
the public by local and State govern-
ments during normal working
houis.
EPA published a uniform format
for the inventory forms on January
27,1987. Tier I information shall
be submitted on or before March 1,
1988, and annually thereafter on
March 1.
§313: Toxic Chemical
Release Reporting
Section 313 of Title III requires
EPA to establish an inventory of
toxic chemical emissions from cer-
tain facilities. Facilities subject to
this reporting requirement are
required to complete a toxic chemi-
cal release form for specified chemi-
cals. The form must be submitted
to EPA and those State officials des-
ignated by the Governor, on or
before July 1, 1988, and annually
thereafter on July 1, reflecting
releases during each preceding cal-
endar year.
The purpose of this reporting
requirement is to inform govern-
ment officials and the public about
releases of toxic chemicals in the
environment, it will also assist in
research and the development of reg-
ulations, guidelines, and standards.
The reporting requirement applies
to owners and operators of facilities
that have 10 or more full-time
employees, that are in Standard
Industries Qassification Codes 20
through 39 (i.e., manufacturing
facilities) and that manufactured,
processed or otherwise used a listed
toxic chemical in excess of speci-
fied threshold quantities.
Facilities using listed toxic chemi-
cals 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. Facilities manufac-
turing or processing 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; thereafter, facilities manu-
facturing 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 categories.
The list of toxic chemicals subject
to reporting consists 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. EPA can
modify this combined list. In add-
ing a chemical to the combined
Maryland and New Jersey lists,
EPA must consider the following
factors:
•	Is the substance known to cause
cancer or serious reproductive or
neurological disorders, genetic
mutations, or other chronic health
effects?
•	Can the substance cause signifi-
cant adverse acute health effects
outside the facility as a result of
continuous or frequently recur-
ring releases?
•	Can the substance cause an
adverse effect on the environment
because of its toxicity, persist-
ence, or tendency to
bioaccumulate?
Chemicals can be deleted if there is
insufficient evidence to establish
any of these factors. State gover-
nors may petition the Administrator
to add or delete a chemical from the
list for any of the above reasons.
Any person may petition for the
first two reasons.
Through early consultation with
States or EPA Regions, petitioners
can avoid duplicating previous peti-
tions and be assisted in locating
sources of data already collected on
the problem of concern to support
their petitions. EPA will conduct
information searches on chemicals
contained in a petition, focusing on
the effects the petitioners believes
warrant addition or deletion.
EPA is required to publish a format
for the Toxic Chemical Release
form by June 1,1987. The
following information must be
included:
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•	The name, location and type of
business
•	Whether the chemical is manufac-
tured, 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
•	Waste treatment/disposal methods
and efficiency of methods for
each wastestream
•	Quantity of the chemical entering
each environmental medium
annually
•	A certification by a senior official
that the report is complete and
accurate.
EPA must establish and maintain a
national toxic chemical inventory
based on the data submitted. This
information must be computer acces-
sible on a national database.
In addition to the requirements for
the emissions inventory in Section
313, EPA will arrange for a mass
balance study to be earned out by
the National Academy of Sciences
using information collected from
States that conduct a mass balance-
oriented annual quantity toxic chemi-
cal release program. Mass balance
is the accounting of the total quan-
tity of substances brought into a
facility versus the amount that is
shipped out. The difference is an
indication of the amount released
into the environment. A report of
this study must be submitted by
EPA to Congress no later than Octo-
ber 17, 1991.
The purpose of this study is to
assess the value of obtaining mass
balance information to determine
the accuracy of information on toxic
chemical releases. Also, the study
will assess the value of using the
information for determining the
waste reduction efficiency and for
evaluating toxic chemical manage-
ment practices at categories of
facilities. In addition, the study
must determine the implications of
mass balance information collected
on a national scale including for use
as pan of a national annual quantity
toxic chemical release program.
Other Title in Provisions
Section 322 of Tide III addresses
trade secrets and applies to emer-
gency planning, community nght-to-
know, and toxic chemical release
reporting. Any person may withold
the specific chemical identify of a
hazardous chemical for specific rea-
sons. Even if the chemical identity
is withheld, the generic class or cate-
gory of the chemical must be pro-
vided. The withholder must show
each of the following:
•	The information has not been dis-
closed to any other person other
than a member of the local plan-
ning committee, a government
official, an employee of such per-
son or someone bound by a confi-
dentiality agreement, that meas-
ures have been taken to protect
the confidentiality, and that the
withholder intends to continue to
take such measures
•	The information is not required to
be disclosed to the public under
any other Federal or State law
•	The information is likely to cause
substantial harm to the competi-
tive position of the person
•	The chemical identity is not read-
ily discoverable through reverse
engineering.
However, even if chemical identity
information can be legally withheld
from the public, Section 323 pro-
vides for disclosure under certain
circumstances to health profes-
sionals who need the information
for diagnostic purposes or from
local health officials who need the
information for assessment
activities. In these cases, the per-
son receiving the information must
be willing to sign a confidentiality
agreement with the facility.
Information claimed as trade secret
and substantiation for that claim
must be submitted to EPA. This
includes information thai otherwise
would be submitted only to State or
local officials, such as the emer-
gency and hazardous material inven-
tory (§312). People may chal-
lenge trade secret claims by
petitioning EPA, which must then
review the claim and rule on its
validity.
EPA must publish regulations
governing trade secret claims. The
regulations will cover the process
for submission of claims, petitions
for disclosure and a review process
for these petitions.
Secton 305 of Title III authorizes
the Federal Emergency Manage-
ment Agency to provide $5 million
Key Dates to Remember
(Continued from page 2)
July 1,1988
(and annually there-
after)
Covered facilities submit initial toxic
chemical forms to EPA and designated State
officials (§313(a))
October 17,1988
Local emergency planning committees
complete preparation of an emergency plan
(§303(a))
June 30,1991
Comptroller general report to Congress on
toxic chemical release information collection,
use and availability (§313(k))
October 17,1991
EPA report to Congress on Mass Balance Study
(§313(1))
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Summary for Chemical Lists for Title III
LISI
Section
Purpose
List of Extremely
Hazardous Substances
(FR 11/17/86)
[402 substances]
§302: Emergency
Planning
§304: Emergency
Notification
§304:
§304
§311
§312
Substances requiring
notification under Section
103(a) of CERCLA
[717 substances]
Hazardous Chemicals
considered physical or
health hazards
under OSHA's
Hazard Communication
Standard
[This is a performance
standard, there is no
specific list of chemicals]
Toxic Chemicals	§313:
identified as of concern by
States of New Jersey and
Maryland
[329 chemicals/chemical
categories]
Emergency
Notification
Emergency
Notification
Material Safety
Data Sheets
Emergency
Inventory
Toxic Chemical
Release Reporting
Facilities with more than established planning
quantities of these substances must notify the State
commission
Initial Focus for preparation of emergency plans by
local emergency planning committees
Certain releases of these substances trigger Section
304 notification to State commission and local
committees
Certain releases of these substances trigger Section
notification to State commission and local
committees as well as Section 103(a) requirement
for National Response Center notification
Identifies facilities subject to emergency
notification requirements
MSDS or list of MSDS chemicals
provided by covered facilities to State
commission, local committee,
and local fire department
Covered facilities provide site-specific
information on chemicals to State
commission, local committees and
local fire departments
These chemicals are reported on an
emissions inventory to inform government
officials and the public about releases of
toxic chemicals in the environment

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for exh of fiscal yeais 1987,1988,
1989, and 1990 for training grants
to support State and local govern-
ments. These training grants are
designed to improve emergency
planning, preparedness, mitigation,
response, and recovery capabilities.
Such programs must provide spe-
cial emphasis to hazardous 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.
Under Section 305, EPA is
required to review emergency sys-
tems for monitoring, detecting, and
preventing releases of extremely
hazardous substances at representa-
tive facilities that produce, use, or
store these substances. EPA will
report interim findings to Congress
no later than May 17, 1987 and
issue a final report of findings and
recommendations to Congress by
April 17,1988.
The report must include EPA's find-
ings regarding each of the
following:
•	Status of current technological
capabilities to (1) monitor, detect,
and prevent significant releases of
extremely hazardous substances;
(2) determine the magnitude and
direction of the hazard posed by
each release; (3) identify specific
substances; (4) provide data on
specific chemical composition of
such releases; and (5) determine
relative concentration of the con-
stituent substances.
•	Status of public emergency alert
devices or systems for effecnve
public warning of accidental
releases of extremely hazardous
substances into any media.
•	The technical and economic feasi-
bility of establishing,
maintaining, and operating alert
systems for detecting releases.
The report must also include EPA's
recommendations for:
•	Initiatives to support development
of new or improved technologies
or systems that would assist the
timely monitoring, detection, and
prevention of releases of
extremely hazardous substances.
•	Improving devices or systems for
effectively alerting the public in
the event of an accidental release.
For more information on Title III and
EPA's Chemical Emergency Prepared-
ness Program, contact the CEPP
Hotline:
1-800-535-0202
(in Washington, D.C. (202) 479-2449)
Hours: 8 30 am-4:30pm (EST),
Monday-Friday
This is NOT an emergency
number
Title III - Major Information Flow Requirements
Guidance/
Assistance
(§303 & §305)
Emergency
Notification
(§304)
Emergency
Inventory
J§312)
MSDS or
LIST
(§311)
Emergency
Planning
(§301 -§303)
Toxic Chemical
Release Form
(§313)
Emergency
Response Plan
EPA
NRT
RRT
Local
Committee
Fire
Department
Slate
Commission
Designated
State Official
FACILITIES
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