Section 302 - Emergency
Planning
A facility where any extremely hazardous substances (EHSs) are present
above the specified threshold planning quantities (TPQs) must participate in
the local Emergency Planning Committee's planning activities by notifying their
LEPC, and the State Emergency Response Commission of: the facility's existence,
location, the chemical(s) there reportable under SARA Title III/EPCRA in excess
of the TPQs, and a contact person available to answer questions about the
facility, the chemicals, and emergency planning for any chemical release at the
site.
The "List of Extremely Hazardous Substances," originally published in the Code of Federal Regulations, 40 CFR 355 Section 302, is updated, and the most recent list of EHSs is available in the U.S. EPA publication, "Title III List of Lists."
Section 304 - Emergency Notification
Facilities must also report accidental releases of certain hazardous
substances if the release is above a specified reportable quantity (RQ). Under
Section 304, Emergency Notification, unless and until superseded by regulations
establishing a reportable quantity (RQ) for an Extremely Hazardous Substance
(EHS), a quantity of 1 pound shall be deemed that quantity requiring
notification. These emergency notifications are made by telephone to the
LEPC.
The National Response Center (NRC) also receives an emergency telephone
notification of CERCLA Hazardous Substances (Section 103) releases and
continuous releases or other reportable releases of hazardous substances under
Section 304 of SARA Title III/EPCRA, and it is the national emergency reporting
facility that is designated to receive U.S. EPA-regulated chemical release
notifications. The National Response Center's 24-hour a day, 7-day a week
telephone number is 1-800-424-8802.
All such emergency response notifications by telephone to the LEPC, to
the SERC, and to the federal authorities must be followed up promptly by a
detailed written notification fully describing the event.
Know the applicable notification procedures before the reportable release occurs at your Virginia facility. Know the quantities and the types of chemicals you have on-site. Have the telephone numbers of your LEPC emergency coordinator, the Virginia Department of Emergency Services and the National Response Center posted and available for your on-site/off-site personnel also responsible for emergency telephone response to your local fire, police, and emergency medical responders-including the local, state, and federal addresses for all written reporting follow-up. Plan for your response to the chemical release emergency before it occurs--not after.
Section 311 - Community Right-to-Know
Reporting / Material Safety Data Sheets
A facility that stores, uses, or produces chemicals requiring MSDSs
under the Occupational Safety and Health Administration (OSHA) Hazard
Communication Standard must have copies of the MSDSs of all those chemicals
requiring reporting OR a single list of all those chemicals requiring
reporting, grouped by hazard category provided to the VERC and to the
LEPC and local fire department with jurisdiction over
the facility. VERC prefers one list of all reportable chemicals, grouped by
hazard category; the regulated community should contact the appropriate LEPC
for their preference and that of the appropriate local fire department--MSDSs
or a list.
This Section 311 report is intended to be a one-time event for a facility/company. In Virginia, most have already submitted their MSDSs or lists to their LEPC, to their local fire department, and to the VERC. All that is required is for any new facility/company to comply and for any existing one to inform the LEPC, local fire department and the VERC of any changes (e.g. additions or deletions), providing the additional MSDSs or amended lists to reflect the changes to the chemical inventory.
Section 312 - Community Right-to-Know
Reporting / Emergency and Hazardous Chemical Inventory Forms
As with Section 311, facility owners and operators responsible for this reporting requirement include manufacturing and non-manufacturing facilities subject to the OSHA Hazard Communication Standard and maintaining "hazardous chemicals" at the facility in amounts above the established reporting thresholds:
Extremely Hazardous Substances (EHSs)
500 pounds or the Threshold
Planning Quantity (TPQ)
(whichever is smaller)
Thus, the final reporting thresholds for Section 312 apply to
non-Extremely Hazardous Substances, or hazardous chemicals present at a
facility in quantities equal to or greater than 10,000 pounds, and to
EHSs present at a facility in quantities equal to or greater than 500 pounds-or
the TPQ, whichever is less.
The reporting date for Section 312 is March 1st, for the
previous calendar year.
The SARA Title III/EPCRA Section 312 report(s) must be forwarded to the
VERC, the LEPC for the facility, and the local fire
department (LFD) with jurisdiction for the facility.
U.S. EPA publishes Emergency and Hazardous Chemical Inventory Forms (the Tier I and Tier II Forms) to be used by facilities to meet the SARA Title III/EPCRA Section 312 reporting requirements. Although Virginia facilities have the option of submitting either Tier I or Tier II information to satisfy this reporting requirement, both the U.S. EPA and the VERC encourage the use of the Tier II Form.
Section 313 - Toxic Release Inventory
(TRI)
U.S. EPA is required to establish an
inventory of routine toxic chemical emissions from facilities that meet all
three of the following criteria:
Facilities subject to this reporting requirement are required to
complete a Toxic Chemical Release Inventory form (Form R) for specified
chemicals. Section 313 thresholds are the amounts of toxic chemicals used
during the calendar year that "trigger" reporting requirements.
Manufacturers or importers of any of the Section 313 listed toxic chemicals have a threshold quantity of:
Processors of any of the Section 313 listed toxic chemicals have a threshold quantity of:
Companies that otherwise use any listed toxic chemical (without incorporating it into any product or without producing it at the facility) have a threshold quantity of:
The Toxic Chemical Release Inventory (Form R) for SARA Title III/EPCRA Section 313 is submitted as an annual report on July 1st each year for the preceding calendar year, and this annual reporting requirement is made to the U.S. EPA EPCRA Reporting Center and to the VERC.
This provision addresses protection of trade secrets as they apply to emergency planning, community right-to-know, and toxic chemical release reporting requirements and the circumstances under which information may, and may not, be claimed as a trade secret. (No trade secrets are allowed to be claimed under Section 304, "Emergency Notification," for example).
Failure to comply with the requirements of SARA Title III/EPCRA can result in civil and administrative penalties ranging from up to $10,000 - $75,000 per day, per violation. These can be assessed against facilities that fail to comply with the reporting requirements for: "Emergency Planning" (Section 302); "Emergency Notification" (Section 304); "Community right-to-know" (Sections 311 and 312); "Toxic Chemical Release" (Section 313); and "Trade Secrets" (Sections 322 and 323). 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 SARA Title III/EPCRA emergency release notification.
States (through their SERC) and local governments (through their LEPCs) can take various kinds of administrative, regulatory, and legal action against SARA Title III/EPCRA violators or non-notifiers (e.g., request submission of a Tier I/Tier II report; or refer a complaint or request for regulatory clarification to the federal authority; or even file a civil action in U.S. District Court).
In Virginia, enforcement is done by the U.S. EPA, Region III in Philadelphia.
