vvEPA
United States
Environmental Protection
Agency
Office of Solid Waste
and Emergency Response
(5104A)
EPA550-F-01-012
August 2002
www.epa.gov/ceppo
GEPFjff Chemical Emergency Preparedness and
Prevention in Indian Country
The Emergency Planning and Community Right-to-Know Act (EPCRA) and the Clean
Air Act's (CAA) chemical accident prevention provisions in section 112(r) require
facilities to provide information on the presence of hazardous chemicals in
communities. These laws have built better relationships among government at all
levels, business and community leaders, environmental and other public-interest
organizations, and individual citizens. The purpose of this factsheet is to
familiarize Tribal leaders with EPCRA and CAA section 112(r) Risk Management
Program requirements. The information available under these laws can promote
an integrated approach to chemical safety on Tribal lands.
Overview
EPCRA and the CAA section 112(r)
Risk Management Program require
facilities to report on hazardous
chemicals they store or handle. These
two laws provide an array of
complementary information on what
chemicals are in the community, what
chemicals are present at each location,
what hazards these chemicals pose, what
chemical releases have occurred in the
area, and what steps industry is taking to
prevent additional accidents.
Both laws give the public access to these
reports. The information can be used to
enhance the community emergency
response plan and protect local
communities from chemical hazards.
Because of the importance of making this
information available to all communities,
EPA recognized Tribal governments as
the appropriate implementing authority
of EPCRA in Indian Country. Through
regulation, Federally recognized Tribes
have the same role as States in the
development of chemical emergency
preparedness programs under EPCRA.
In addition, the CAA provides that
eligible Federally recognized Tribes may
implement provisions of the CAA in the
same manner as States within
reservations and non-reservation areas
under their jurisdiction.
A Role for Tribes in EPCRA
Under sections 301-303 of EPCRA, States
form State Emergency Response
Commissions (SERCs). Similarly, Tribal
chief executive officers appoint Tribal
Emergency Response Commissions
(TERCs) to accomplish the following:
• Designate local emergency planning
districts as needed.
• Appoint a local emergency planning
committee (LEPC) to serve each of the
districts.
• Coordinate and supervise LEPC
activities.
• Coordinate proposals for and distribution
of Federal grant funds for TERCs
and/or Tribal LEPCs.
• Review LEPC plans, recommending any
needed changes.
• Establish procedures for receiving and
processing public requests for
information collected under EPCRA.
• Obtain further information about a
particular chemical or facility, when
needed.
Forming a TERC. Through TERCs, Tribes
can ensure the development of an
emergency planning and implementation
structure relevant to community needs.
Additionally, TERCs can provide training,
technical assistance, and information to
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Chemical Emergency Preparedness and Prevention in Indian Country
October 2001
communities within Indian Country so that persons
know what to do in the event of a chemical accident.
There are several options available to Tribes in the
implementation of EPCRA programs. A Tribe may
choose to enter into cooperative agreements with
another Tribe, a consortium of Tribes, or the State
within which its lands are located to develop an
EPCRA program that meets specific Tribal needs.
Some examples of EPCRA implementation include:
• A Tribe may directly implement the program within
Indian Country.
• Through a cooperative agreement with the SERC, a
Tribe may choose to implement some, but not all of
the law's requirements, while the State implements
the remainder.
• A Tribe authorizes the SERC to perform the
functions of the TERC within Indian Country and
the Tribe establishes an LEPC or joins an off-
reservation LEPC that works directly with the
SERC through a cooperative agreement.
The Tribal chief executive officer operates as the
TERC when a TERC is not established or a
cooperative agreement is not developed.
Responsibilities. Local circumstances will
determine how extensive a chemical safely program
should be. Tribes often find that the TERC itself can
accomplish the work of the LEPC. However, if an
LEPC is formed, its membership must include, at a
minimum, local officials such as police, fire, civil
defense, public health, and transportation; environmental
professionals; industry representatives of facilities
subject to the emergency planning requirements of
EPCRA; community groups; and the news media.
Among other things, LEPCs develop a contingency plan
to prepare for and respond to emergencies involving
hazardous substances in their communities. The plans
should be reviewed, exercised, and updated annually
and should include:
• The identity and location of hazardous materials.
• Procedures for an immediate response to a
chemical accident.
• Public notification of evacuation or shelter-in-place
procedures.
• Industry contact names.
• Timetables for testing and updating the plan.
Chemical facilities are required to notify LEPCs of
emergency releases and to submit annual information on
their hazardous chemical inventory (see the "What
Information Do You Have?" section of this factsheet).
This information can help the LEPC keep its plan and
response procedures up to date.
A Role for Tribes in the CAA Section 112(r)
Risk Management Program
Under CAA section 112(r), all chemical facilities with
processes exceeding a threshold quantity for 77 acutely
toxic substances (such as chlorine and ammonia) and 63
highly volatile flammable substances (when not used as a
fuel), must adopt a Risk Management Program. An
example of a facility subject to the Risk Management
Program requirements would be a drinking water facility
holding more than 2,500 pounds of chlorine. All facilities
subject to such requirements must submit a summary of
the program, known as a risk management plan (RMP)
to EPA. The RMP includes:
• The facility hazard assessments, including worst-
case release and alternative release scenarios.
• The facility accident prevention activities, such as
the use of special safety equipment, employee
safety training programs, and process safety hazards
analyses conducted by the facility.
• The past chemical accidents at a facility.
• The management system in place at the facility.
• The facility's emergency response program.
RMPs that have been submitted can be reviewed in a
public access database called RMP*Info on the CEPPO
web site.
Tribes that EPA finds eligible for treatment in the same
manner as a State under the Clean Air Act Tribal Air
Rule (40 CFR Part 49) can apply for authorization to
administer the RMP program. If the tribe passes its own
chemical safety legislation, it should ensure that its
program is at least as stringent as the Federal law in
order to strengthen enforcement capabilities. For more
information on how to receive delegation for your Tribe,
see the Risk Management Programs Under CAA
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Chemical Emergency Preparedness and Prevention in Indian Country
October 2001
Section 112(r) - Guidance for Implementing
Agencies, available on the CEPPO web site.
What Information Do You Have?
Regulatory requirements, by themselves, do not
guarantee safety from chemical accidents. Both
EPCRA and the Risk Management Program encourage
communication between facilities and the surrounding
communities about chemical safety and chemical risk.
In this way, accident prevention is focused at the local
level where the risk is found. For example, talking with
industry about both the quantities of a chemical and a
facility's prevention program allows local emergency
officials and the Tribe as a whole to gain a clearer
picture of the chemical risks within Indian Country.
Under EPCRA, you receive information from covered
facilities on the chemicals they have, the quantities of
chemicals stored, the hazards associated with those
chemicals, and information on storage locations and
conditions.
In addition to the RMP database information, TERCs
and LEPCs can access offsite consequence analysis
(OCA) information about facilities that have submitted
a RMP. A TERC or Tribal LEPC member can receive
the information directly from EPA for official use (e.g.,
to incorporate the information into their emergency
preparedness plans). For more information on how to
access the OCA information, visit the CEPPO web
site.
How Can Tribes Use This Information?
Combining the EPCRA and Risk Management Program
information allows Tribes to gain a better understanding
of the chemical risks within Indian Country. For
example, what precautions are in place to avoid a
chemical release? Is a facility near a medical clinic or
a highly traveled area? What procedures have been
developed to notify and assist the people affected by an
accidental release? Has the fire department
coordinated with the facility to determine the best
response procedures? If the Tribe does not have a fire
department, are mutual aid agreements in place with
non-Tribal departments? Using the chemical
information available to you opens a new avenue of
communication between you and the chemical facilities
within Indian Country.
These programs also offer Tribes an opportunity to
partner with other Tribes, States, and/or towns that
border Indian Country. In reviewing your emergency
response plan, do you see some sections that need to be
updated or otherwise improved? Are there chemical
risks in a locality bordering your community that need to
be addressed? Some Tribes have developed MOAs
and/or mutual aid agreements with their neighbors in
order to meet these needs, thereby creating better
prevention and response plans.
What Else Should Tribes Consider?
EPCRA PROVIDES YOUR TRIBE:
Notification from facilities that have extremely
hazardous substances (EHSs) in excess of a certain
threshold. (EPCRA sections 302 and 303).
Notification from facilities if there is an
accidental chemical release of an EHS or any
hazardous substance under the Comprehensive
Environmental Response, Compensation, and
Liability Act (CERCLA). This information is
reported to the TERC and LEPC community
emergency coordinator. (EPCRA section 304)
Material Safety Data Sheets (MSDSs) or lists
of hazardous chemicals. MSDSs contain chemical-
specific information such as type of chemical,
toxicity, hazard category, and emergency response
procedures. This information and emergency and
hazardous chemicals inventory forms (Tierl/II) are
directly reported to the TERC/LEPCs and the
appropriate fire department. (EPCRA sections 311
and 312)
Information on planned releases of toxic
chemicals from regulated facilities through the
Toxics Release Inventory (TRI) database (EPCRA
section 313).
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Chemical Emergency Preparedness and Prevention in Indian Country
October 2001
Chemical Releases Due to Criminal Actions.
TERCs and LEPCs should also address the possibility
of deliberate chemical releases in their emergency
response plans. For example, accidental releases often
occur when illegal drug makers steal anhydrous
ammonia to produce methamphetamines. Another
possible scenario would be a terrorist incident. TERCs
and LEPCs should use already established mechanisms,
when applicable, to address these issues rather than
creating new organizations. Several sections of a
Tribe's response plan, including emergency contact
information, response functions, and hazards analysis,
should be evaluated to consider the effect of a
deliberate release. The EPA Chemical Safety Alerts
Anhydrous Ammonia Thefts and LEPCs and
Counter-Terrorism provide more information on this
topic.
EPCRA Section 326 Considerations. EPCRA section
326 allows citizens to initiate civil actions against EPA,
SERCs, and the owner or operator of a facility for
failure to meet EPCRA requirements. The EPA
rulemaking designating Federally recognized Indian
Tribes as the EPCRA implementing authority does not
preclude the use of sovereign immunity defense on legal
actions against Indian Tribes or Tribal officials.
Available Resources
Chemical Data Sources. These are several websites
that provide information to help you implement EPCRA
and the CAA Risk Management Program.
• Profiles of the EPCRA extremely hazardous
substances are available at: www.epa.gov/ceppo
• Information on accidental releases reported under
EPCRA is available in the Emergency Response
Notification System (ERNS) at:
www.epa.gov/ernsacct/pdf/index.html.
• MSDSs do not have a standard format and can
sometimes be confusing. On-line databases, which
often have multiple versions of MSDSs for
individual chemicals, can help you find an MSDS
that is well organized and easy to read. You can
access online copies of MSDSs maintained by
universities at www.hazard.com.
• TRI and RMP data can be accessed through
Envirofacts at www.epa.gov/enviro. Envirofacts
also provides data on facilities that have:
> Permits to release substances to water, in the
Permit Compliance System database.
> Permits to release hazardous pollutants to air, in
the air release database.
> Permits to store and treat hazardous wastes, in
the RCRA database.
Guidance. To help officials as they develop their
emergency plans, the National Response Team (NRT)
has published the Hazardous Materials Emergency
Planning Guide (NRT-1), which is available at
www.nrt.org. In addition, the Federal Emergency
Management Agency (FEMA) has published the State
and Local Guide (SLG) 101: Guide for All-Hazard
Emergency Operations Planning, which tells
emergency planners how to identify hazards in the
planning district, determine vulnerable zones for each
hazard, assess risk, and then set priorities among hazards
and begin to develop an emergency plan. This
publication is available at
www.fema.gov/pte/gaheop.htm or by calling FEMA's
Printing and Publications Branch at (800) 480-2520.
EPA has also published documents to help industry
comply with the reporting provisions of EPCRA and to
help Tribal and local officials manage and analyze the
information submitted. One of these documents is a
factsheet entitled The Emergency Planning and
Community Right-to-Know Act (EPA 550-F-00-004),
which is available on the CEPPO web site.
EPA and FEMA staff also help TERCs administer
EPCRA and understand the Risk Management Program
by sponsoring workshops; speaking at TERC and LEPC
meetings; providing guidance for developing and testing
local emergency plans; and managing, understanding,
and communicating the information submitted under
EPCRA.
CEPPO has published several guidance documents
which may assist TERCs and LEPCs with the Risk
Management Program requirements. Following are
examples of current guidance documents.
RMPs Are on the Way (EPA 550-B99-003)
• Risk Management Programs Under CAA Section
112(r) - Guidance for Implementing Agencies
(EPA 550-B98-002)
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Chemical Emergency Preparedness and Prevention in Indian Country
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• Guidance for Auditing Risk Management
Plans/Programs under Clean Air Act Section
112(r) (EPA550-B99-008)
CEPPO has also published a Chemical Safety
Network series, which shares successful practices in
RMP implementation, risk communication, and use of
the data.
These documents are available electronically on the
CEPPO web site. You can also request copies of EPA
guidance documents by calling EPA's distribution
warehouse at 1-800-490-9198.
Software. Computer-Aided Management of
Emergency Operations (CAMEO) is a software
program that can assist you to manage and use
information collected under EPCRA and conduct a
community hazards analysis. It also includes response
information for over 3,000 chemicals commonly
transported in the U.S. You can obtain CAMEO by
visiting the EPA/NOAA CAMEO website at:
www.epa.gov/ceppo/cameo/index.htm.
RMP*Comp helps users complete the offsite
consequence analysis that is required under the Risk
Management Program. You can also use RMP*Comp
to verify data submitted by industry. When you use
RMP*Comp, you need not make any calculations by
hand; the program guides you through the process of
making an analysis. You can obtain RMP*Comp by
visiting the CEPPO web site.
Financial Assistance. One comprehensive source of
financial assistance information is the Tribal
Environmental and Natural Resource Assistance
Handbook produced by the Domestic Policy Council
Working Group on American Indians and Alaska
Natives. This handbook provides a central location for
Federal sources of technical and financial assistance
available to Tribes for environmental management. The
handbook is available online at:
www.epa.gov/indian/index.htm.
EPA's Chemical Emergency Preparedness and
Prevention (CEPP) Technical Assistance Grants offer
funding aid to Tribes in establishing TERCs, in
developing emergency plans, and in preparing to
integrate accident prevention information into their
plans. These activities are related to EPCRA and
Section 112(r) of the CAA. To obtain further
information on the CEPP grants visit our website at:
www. ep a. go v/ceppo.
The Department of Transportation's Hazardous
Materials Emergency Preparedness (HMEP) grant
program is intended to provide financial and technical
assistance to enhance State, Territorial, Tribal, and local
hazardous materials emergency planning and training.
The HMEP Grant Program distributes fees collected
from shippers and carriers of hazardous materials to
emergency responders for hazmat training and LEPCs
for hazmat planning. For more information, visit
hazmat.dot.gov/hmep.htm or call 202-366-0001.
FEMA has a grant program to fund six major firefighting
preparedness categories: training, wellness and fitness
programs, vehicles, firefighting equipment, personal
protective equipment, and fire prevention programs. Visit
FEMA's web page at www.fema.gov.
EPA Regional Contact Information
EPA has Regional representatives that can provide you
with more information on the subjects discussed in this
factsheet. Please call our hotline or access our website
to find your EPA Regional point of contact.
For More Information:
Visit EPA's Chemical Emergency Preparedness
and Prevention Office (CEPPO) website at
www.epa.gov/ceppo.
Contact the RCRA, Superfund, and EPCRA Call
Center (hotline)
(800) 424-9346 or (703) 412-9810
TDD (800)553-7672
Monday - Friday, 9 AM to 5 PM, EST
All EPA documents can be ordered for free from
the National Service Center for Environmental
Publications by calling 1-800-490-9198.
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