Emergency Planning And Community Right to Know Act (EPCRA)

4 Provisions of EPCRA
1. Emergency Planning
2. Emergency Release Notification
3. Community Right-to-Know Requirements
4. Toxic Release Inventory

EPCRA was enacted on what date?
November 1986

Federal Register 40 Parts
– National Oil and Hazardous Substances Pollution Contingency Plan
– Trade Secrecy Claims for Emergency Planning and Community Right-to-Know Information: and Trade Secret Disclosure to Health Professionals
– Emergency Planning and Notification
– Hazardous Chemical Reporting: Community Rights-to-Know
– Toxic Chemical Release Reporting: Community Right-to-know

Materials Covered by EPCRA
1. Extremely Hazardous Substances (HRA)
2. CERCLA Hazardous Substance
3. Hazardous Chemicals
4. Toxic Chemicals
– any chemical that has immediate health effects.
– defined in sections 101 and 102 as any element, compound, mixture, solution, and substance which, when released into environment may present substantial danger to the public health, public welfare, or the environment.
– are designated as a physical or health hazard by the OSHA
– any chemical that may cause severe illness, birth defects, disease, or death and poses an environmental hazard.

– First Funciton of EPCRA
– Includes Emergency response plans (Sect. 301-303)
– State governors established State Emergency Response Commission ( SERC)

2.Emergency Release Notification
– involving transportation incidents can be met by dialing 911, or in the absence of a 911 emergency number, calling the operator.
– Any known or anticipated acute or chronic health risks associated with the emergency and, where necessary, advice regarding medical attention for exposed individuals one of the emergency notification requirement.
– Failure to comply SERC and LEPC can result up to $75,000 fine per day.

3. Community Right To Know Requirements
– Under OSHA, employers must maintain a material safety data sheet (MSDS) for any hazardous chemicals stored or used in the work place
– Approximately hat have 500,000 products have MSDS
– Section 311 requires facilities that has MSDSs for chemicals held above certain quantities to submit either copies pf their MSDSs or a list of MSDS chemicals to the SERC, LEPC, and local fire department
– Under EPCRA Section 312 facilities that need to submit MSDSs or chemical lists under Section 311 also need to submit an annual inventory report for the same chemicals.

4. Toxic Release Inventory ( TRI)
– EPCRA Section 313 requires certain facilities to complete a toxic chemical release inventory form annually for specified chemical.
– the for must be submitted to EPA and the state on July 1st.

Determine The Source
– gather information from personnel working with the chemical
– gather information from container markings
– gather information from MSDSs
– use direct reading materials like HAZMATID
– determine extent of damage possible to humans and environment

Determine the Pathway
– Determine physical nature of chemical
– Determine Transportation mechanisms

Determine the Receiver
– Determine location of population centers in the area
– Determine the ability of the chemical to reach population centers
– Determine sensitive flora and fauna in the area and ability of the chemical to reach them.

BE responsibilities under EPCRA
– Supports hazard identification, vulnerability analysis, capability assessment, Risk management for responses
– Identifies types and amount of HAZMAT
– provides technical assistance on evacuation planning and in place sheltering to minimize adverse health and environmental impact
– Also, collects, prepares, arranges for transport, analyzes, and interprets result of environment sample to support HAZMAT.
– provides oversight and technical consultation
– Oversees worker and environmental protection
– Assists the Commander in Identifying Hazmat releases.

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