Emergency Planning and Community Right-To-Know
A Guide for Businesses
 | Contents:
WHAT IS TITLE III?
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 | identify if your business is covered by the requirements; |
| understand what you must do to comply, and |
| find additional information, such as telephone contacts. |
In 1986, the Superfund Amendments and Reauthorization Act (SARA) was signed into law. Title III of SARA is the Emergency Planning and Community Right-to-Know Act. Congress enacted this law in response To public concern about chemical accidents such as those in Bhopal, India and Institute, West Virginia where people lost their lives or suffered serious injury. Title III establishes requirements for federal, state, and local governments as well as for industry regarding emergency response planning and everyone's right-to-know about hazardous chemicals in their community.
The U.S. Environmental Protection Agency (EPA) has developed regulations to implement the Title III law. However, the state am local governments play a key role under Title III as well.
HOW IS TITLE III IMPLEMENTED IN
WASHINGTON? 
The State of Washington has adopted the federal Title III law and regulations (WAC Chapter 118-40). As required by the law, Washington established a State Emergency Response Commission (SERC) to oversee local emergency planning activities. The SERC is comprised of representatives from Department of Community Development, Department of Ecology and Washington State Patrol.
The state is divided into over forty Emergency planning districts for the purposes of Title III. A Local Emergency Planning Committee (LEPC) representing local government, emergency response officials, environmental and citizen groups, industry and other interested parties is established in each planning district. The LEPC is responsible for developing a local emergency plan for their district and for the collection of information submitted by industry which is made available to the public.
If your business facility is covered by the Title III requirements, you will be working with the U.S. Environmental Protection Agency, SERC, LEPC and the local fire department.
IS YOUR BUSINESS COVERED?
Title III can be described as being divided into four major sections.
| Emergency Response Planning - Section 302 |
| Emergency Release Reporting - Section304 |
| Hazardous Chemical Inventory Reporting - Sections 311 and 312 |
| Toxic Chemical Release Reporting - Section 313 |
Your business facility may be subject to one or all of the sections depending upon the types of chemicals you have and the quantities of those chemicals
EMERGENCY RESPONSE PLANNING -
SECTION 302
The Emergency Response Planning provisions require that state and local authorities develop chemical emergency preparedness and response capabilities through better coordination and planning with local businesses. If your business has an Extremely Hazardous Substance (EMS) on-site at any time, in excess of it's assigned Threshold Planning Quantity (TPQ), you are required to participate in the local emergency planning process.
Extremely Hazardous Substances are designated, listed and assigned TPQs by the EPA based on their potential to cause significant health effects in a single exposure, such as an air release. There are approximately 350 EHSs listed by the EPA. Examples include sulfuric acid with a TPQ of 1,000 pounds and ammonia with a TPQ of 500 pounds.
EMERGENCY RELEASE REPORTING -
SECTION 304
Your business facility must notify state and local authorities responsible for local emergency planning if:
| there is a release at your facility (which includes motor vehicles, rolling stock and aircraft) of an EHS or a Hazardous Substance (listed under the Superfund regulations) in excess of the reportable quantity for that substance, and |
| the release could result in exposure of persons outside the boundary of the facility site. |
The EPA has identified and listed over 700 Hazardous Substances under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, or the Superfund Program) and has assigned a reportable quantity to each substance. Chemicals on the EHS list have been assigned reportable quantities. Chlorine is a Hazardous Substance with a reportable quantity of 10 pounds.
HAZARDOUS
CHEMICAL INVENTORY REPORTING - SECTIONS 311 AND 312
Facilities covered by Sections 311 and 312 must report on the Hazardous Chemicals present at the facility. Your facility is covered by these Sections of Title III if:
| your business is subject to the Federal Hazard Communication Standard established by the Occupational Safety and Health Administration (OSHA), and |
| there is a Hazardous Chemical on-site in excess of a specific threshold level. Hazardous Chemicals are not identified on any one list. They are defined under the Hazard Communication Standard as any chemical which is a physical or health hazard. This means any chemical at your business that is required by OSHA to have a Material Safety Data Sheet. |
The threshold level for reporting chemicals is:
- the Threshold Planning Quantity (TPQ) or 500 pounds, whichever is less, for Extremely Hazardous Substances;
- 10,000 pounds for all other Hazardous Chemicals.
TOXIC CHEMICAL RELEASE
REPORTING - SECTION 313
Your business must meet ALL of the following criteria to be covered by the requirements of this section for any particular year:
| The facility is in a manufacturing Standard Industrial Classification (SIC) code of 20 through 39; |
| There are 10 or more full-time employees (or the equivalent) at the facility; and |
| The facility manufactured (including imported) or processed a Toxic Chemical in excess of 25,000 pounds during the calendar year OR used a Toxic Chemical in excess of 10,000 pounds during the calendar year. |
EPA has developed a list of more than 300 Toxic Chemicals subject to the reporting requirements of Section 313, including acetone, methyl ethyl ketone and vinyl chloride.
SUMMARY
The following chart summarizes the applicability criteria for each of the sections. The EPA has the authority to add or delete chemicals from the lists described above and has already exercised this authority a number of times. It is important to monitor the regulations for these types of changes.
SARA TITLE III / COMMUNITY RIGHT-TO KNOW |
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Emergency Response Planning
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Hazardous Chemical Reporting
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Emergency Release Reporting
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Toxic Chemical Release Reporting
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WHAT ARE THE COMPLIANCE REQUIREMENTS?
The compliance requirements for each of the four Title III sections are summarized below.
EMERGENCY RESPONSE PLANNING - SECTION 302
The owner or operator of a facility which has an Extremely Hazardous Substance (EMS) on-site in excess of it's Threshold Planning Quantity must:
| notify the State Emergency Response Commission and the Local Emergency Planning Committee that they are covered by the requirements; |
| designate a Facility Emergency Response Coordinator who will assist in the local emergency planning process; |
| promptly report to Local Emergency Planning Committee (LEPC) any changes at the facility which may be relevant to emergency planning; and |
| promptly provide information requested by the LEPC for the development or implementation of the local plan. |
Within 60 days from the time when your business first becomes subject to the requirements of Section 302 (such as by exceeding the TPQ for a substance for the first time), you must notify the SERC and LEPC of this fact.
EMERGENCY RELEASE REPORTING - SECTION 304
When a reportable release occurs at your facility, you must provide:
| immediate, verbal notification to the National Response Center, the SERC of any State likely to be affected and the LEPC of any emergency planning district likely to be affected; and |
| follow-up, written notification to the SERC and the LEPC as soon as practicable after the release. |
The immediate notification should provide specific information about the release including the location, type and quantity of the chemical released, and actions taken to respond to the release. The follow-up notification can take the form of a letter which summarizes and updates the information provided in the verbal notification, including additional information on the actions taken to respond to and contain the release, acute or chronic health risks associated with the release and advice on medical attention for exposed individuals where appropriate.
HAZARDOUS CHEMICAL INVENTORY REPORTING -
SECTIONS 311 AND 312
Under Section 311 of Title III, a covered facility must submit the Material Safety Data Sheet for, or a list of, the Hazardous Chemicals present on-site in excess of the threshold level to the SERC, LEPC and fire department with jurisdiction over the facility. This is essentially a one-time submittal, however, you must update your submittals to these groups within 3 months when:
| you discover there is significant new information on a Hazardous Chemical for which you have submitted an MSDS, or |
| a Hazardous Chemical becomes present at the facility in excess of the threshold level for the first time. |
The LEPC may request an MSDS for a Hazardous Chemical at your facility (one that you have not already submitted) and you must provide the MSDS within 30 days. If you choose to submit a list of Hazardous Chemicals rather than the MSDSs, you must group the chemicals into 5 hazard categories:
| Immediate (acute) health hazard; |
| Delayed (chronic) health hazard; |
| Fire hazard; |
| Sudden release of pressure; and |
| Reactive. |
Washington State recommends that businesses submit a list of Hazardous Chemicals rather than the MSDSs in order to minimize the amount of paperwork and updating required.
Under Section 312, an Emergency and Hazardous Chemical Inventory Form (known as a Tier Two Form) must be annually submitted by covered businesses for each Hazardous Chemical that was present at the facility at any time during the previous calendar year in excess of the threshold level. The Tier Two forms are due on or before March 1 of each calendar year to the SERC, LEPC, and fire department with jurisdiction over the facility. The information required on the Tier Two Form includes the location and storage method for the chemical, as well as the maximum average daily amounts on-site at any one time during the preceding calendar year.
HAZARDOUS CHEMICAL INVENTORY REPORTING
| SECTION 311 | SECTION 312 | ||||||||
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TOXIC CHEMICAL RELEASE REPORTING - SECTION 313
Section 313 of Title III requires that covered facilities submit an annual report for each listed Toxic Chemical manufactured, processed in excess of 25,000 pounds or otherwise used in excess of 10,000 pounds. The report is submitted on Form R to the EPA and SERC on or before July 1 of each year for the previous calendar year. Form R documents any releases of a listed Toxic Chemical to the environment including routine, permitted and emergency releases from your business. These reports and the information used to complete these reports must be kept at the facility for at least three years.
PROCESS SAFETY MANAGEMENT
- OSHA 1910.119
OSHA's Process Safety Management (PSM) requires covered facilities to write a plan to prevent unwanted releases of highly hazardous chemicals. PSM is the proactive identification, evaluation and mitigation or prevention of chemical releases that could occur as a result of equipment or process failures.
For information on PSM and the list of highly hazardous chemicals, click here.
RISK MANAGEMENT PLANNING (RMP) - SECTION 211
Section 211 of The Clean Air act requires that covered facilities submit to EPA a summary of a plan for each listed Explosive, Flammable or Toxic Chemical stored in amounts greater than the Threshold Quantity at a facility.
For information on RMPs, click here.
LIST OF ACRONYMS
| CERCLA | Comprehensive Emergency Response, Compensation, and Liability Act (Superfund) |
| EHS | Extremely Hazardous Substance |
| EPA | Environmental Protection Agency |
| LEPC | Local Emergency Planning Committee |
| MSDS | Material Safety Data Sheet |
| OSHA | Occupational Safety and Health Administration |
| SARA | Superfund Amendments and Reauthorization Act |
| SERC | State Emergency Response Commission |
| SIC | Standard Industrial Classification |
| TPQ | Threshold Planning Quantity |
| WAC | Washington Administrative Code |
WHERE CAN YOU GET MORE
INFORMATION?
Clark County LEPC information links list.
For General Information, Copies of the Regulations, Chemical Lists, and Report Forms:
| Title III Hotline U.S. Environmental Protection Agency 1-800-535-0202 |
| U.S. Environmental Protection Agency, Region 10 1200 Sixth Avenue Seattle, WA 98101 (800) 424-4372 |
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For Section 313 Questions,
Call: (206) 553-1200 For Other Title III Questions, Call: (206) 553-4349 |
| State of Washington Department of Ecology Hazardous Substance Information Office Mail Stop PV-11 Olympia, WA 98504 (800) 633-7585 (360) 407-6893 |
For Information on the State Response Commission (SERC) or the Local Emergency Planning Committees (LEPCs) and to Submit Information to the SERC:
| Washington State Emergency Response Commission Military Department, Emergency Management Division Building 20 MS TA 20 Camp Murray, WA 98430-5122 (800) 562-6108 |
To Report Spills:
| Division of Emergency Management 24-Hour, Statewide Spill Hotline (800) 258-5990 |
| National Response Center (800) 424-8802 |
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