Background
In 1986, Congress enacted the Emergency Planning and Community Right-to-Know Act (EPCRA) that aims to ensure that communities are prepared for chemical releases. EPCRA requires
- self-identification of facilities that store or use hazardous or toxic chemicals,
- reporting and public dissemination of information on these chemicals, and
- preparing plans for mitigating accidental releases of these chemicals.
EPCRA is also Title III of the Superfund Amendments and Reauthorization Act (SARA). The law has two main emphases:
- planning for responses or releases, and
- reporting of releases (see CERCLA — Spills)
There are five sections of EPCRA. Each section has different chemical lists, quantity thresholds, and reporting requirements.
Key Emergency Planning Concepts
Extremely Hazardous Substances (EHSs)
These are chemicals that pose risks of immediate or acute injury to human life. 40 CFR 355 Appendix A lists these approximately 360 substances in alphabetical order. Some of these are also included on the Hazardous Substance List.
Threshold Planning Quantity (TPQ)
Inventories of one or more EHSs drive some of EPCRA’s requirements. These amounts, called threshold planning quantities (TPQs), are also listed in 40 CFR 355 Appendix A.
Local Emergency Planning Committee (LEPC)
Generally, community members from the public, private, and/or government sectors make up the local emergency planning committee (LEPC). These people create community-based emergency response plans, which derive from information required by EPCRA and from participation by facilities.
State Emergency Response Commission (SERC)
This is a statewide agency that coordinates training and planning exercises and monitors activities of LEPCs.
Hazardous Chemicals
Hazardous chemicals may cause injury or illness with exposures above specified thresholds. These are also known as “OSHA hazardous chemicals” because any chemical for which the Occupational Safety and Health Administration’s regulations require a material safety data sheet (MSDS) is a hazardous chemical.
Tier I/Tier II Reports
These are forms that LEPCs may require for reports of hazardous chemicals stored onsite. Tier I reports are general; Tier II reports are specific.
Key Spills and Release Concepts
Reportable Quantity (RQ)
This is the threshold quantity of a hazardous substance or EHS that, when released, triggers a requirement for reporting to federal (and perhaps state and local) authorities (see CERCLA — Spills).
National Response Center (NRC)
The NRC is the federal point-of-contact for reporting spills of oils and other chemicals. Federal laws require immediate reporting to the NRC when the volume of spilled or released material exceeds the reportable quantity. The United States Coast Guard operates the NRC; its telephone number is 1-800-424-8802.
Hazardous Substances
These are any of the 1,500 elements, compounds, radionuclides, and hazardous wastes listed in 40 CFR 302.4.
Toxic Release Inventory (TRI) Reporting
Under certain circumstances, facilities have to report releases and emissions of the chemicals listed in 40 CFR 372.65. These reports use a form called “Form R.”
Does this apply to my campus?
State colleges and universities are exempt from the community right-to-know aspects of EPCRA at the federal level. Many states have adopted the requirements of EPCRA for state agencies, including colleges and universities. Many local fire departments also impose these kinds of requirements.
These regulations apply to you if your campus is not exempt as a state institution and has more than 10,000 pounds of any hazardous chemicals. Also, if your campus has 500 pounds of any EHS, or the TPQ of any EHS, whichever is less, you must follow these rules. You may have to provide notifications to the state, the LEPC, and the local fire authority. Laboratory, hospital, and agricultural uses of hazardous chemicals have limited exemptions from federal requirements. Review these exemptions carefully before applying them to your campus.
Federal EPCRA requires TRI reporting for only a few industrial classifications, and the federal requirements exclude higher education. However, states may require TRI reporting for campuses or systems.
You may have a reporting requirement if your campus has EHS and/or CERCLA hazardous substances and these materials spill offsite. Likewise, if your campus has a continuing release of EHS and/or CERCLA hazardous substances, you may have a reporting requirement. See CERCLA — Spills.
What do I have to do?
Campuses may well exceedreporting thresholds for chlorine, ammonia, sulfuric acid, and/or gasoline. Check with your SERC, LEPC, and local fire department to determine how they want your reports of hazardous chemical inventories. They may require MSDSs, a chemical list, or Tier I/Tier II reports. Review the federal exemptions for laboratory, hospital, and agricultural uses of hazardous substances.
Review EHS TPQs to determine whether the campus must become involved in emergency planning. You might designate a representative to participate in the local emergency planning process as well as provide information necessary for emergency planning. Note, however, that many LEPCs are now inactive as a result of improving capabilities among fire departments and metropolitan governments.
Consult the various lists of RQs to determine whether your campus has reportable quantities of hazardous chemicals. Notify the NRC immediately if there is a spill that exceeds an RQ during a 24-hour period. Your state and local agencies may also have reporting requirements. See CERCLA — Spills.