Emergency Planning
and Community Right-to-Know Act (EPCRA)
Also known as Title III of the Superfund Amendment
Reauthorization Act, EPCRA was enacted by Congress
as the national legislation on community safety. The law was
designated to help local communities protect public health,
safety, and the environment from chemical hazards.
There are four major areas of focus within the EPCRA program
that businesses should most be concerned:
Sections 302 & 303, Emergency Planning
Businesses must notify local and state emergency response
boards if they have extremely hazardous substances present
on site above threshold planning quantities.
Section 304, Emergency Release Notification
Businesses must notify local and state emergency response
boards in the event of accidental releases of hazardous substances
in excess of reportable quantities.
Sections 311 & 312, Hazardous Chemical Reporting
Businesses must submit material safety data sheets (MSDSs)
and/or lists of hazardous chemicals stored on site above threshold
quantities to local and state emergency response boards and
to local fire departments.
Section 313, Toxic Chemical Release Reporting
Covered facilities must submit annual reports on toxic chemical
releases produced from processing and manufacturing.
Federal and state agencies have been aggressive in pursuing
enforcement. It
is essential that you are conscientious in your compliance
efforts. In fact, in recent years a number of firms have been
assessed penalties exceeding $100,000.
If your facility is covered by the provisions of EPCRA,
Bay Environmental Strategies, Inc. (BAY) may be able to provide
assistance with each of the following:
- compile an inventory of all the products used and stored
on-site
- notify the State Emergency Response Board, Local Emergency
Planning Committee, and fire department of the regulated
materials on site
- notify the State Emergency Response Board, Local Emergency
Planning Committee, and fire department if a release of
the regulated material occurs
- submit a Toxic Release Inventory (TRI) Form R annually
for each chemical that is processed, manufactured, or otherwise
used in excess of the specified amount
- submit Tier II forms for on-site storage of listed substances
present above threshold quantities
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