Unit 15 Lecture Notes - Emergency Planning and Community Right-to-Know Act (EPCRA)

The above excerpt is from the web site of a Bhopal survivors group, <http://www.bhopal.net/index1.html>. The facts surrounding that fateful night remain very much in dispute (and in litigation); nonetheless, no one disputes that something went terribly wrong. A U.S. Congressional investigation revealed similar flaws in plants in the US Moreover, the investigators found that nothing in either federal or the laws of most states compelled owners of plants to share any information with local communities. Local communities were left with no information for planning their response to disasters such as these.

As a result of its investigation, Congress enacted the Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986 as Title III of the Superfund Amendments and Reauthorization Acts of 1986 (SARA Title III). EPCRA provides a comprehensive mechanism for public awareness and planning of chemicals stored, used, or released into a community. SARA Title III has three primary components. The first is emergency planning and notification that involves planning by local emergency responders and their counterparts in local industrial facilities, and notification by the owners or operators of those facilities of any unplanned release of hazardous material from those facilities. The second part of the law requires all owners and operators of covered facilities to annually report all chemical releases from those facilities. The EPA publishes this information on an annual basis. The third part of the statute is general provisions applicable to all information collected and reported.

EPCRA established response commissions, planning districts, and local committees. It required that EPA develop a list of covered chemicals and thresholds for each chemical on the list. Any facility with at least the threshold amount of a covered chemical was defined as a covered facility under EPCRA, unless exempt. EPCRA explicitly authorized states to designate additional facilities as covered. The definition of covered facility goes well beyond what one ordinary thinks of as industrial facilities. For example, community swimming pools typically store sufficient quantities of pool chemicals to make them covered facilities. Exempt facilities include vessels, motor vehicles, rolling stock and aircraft since these are covered under other law. Note, however, that releases from these must nonetheless be reported under EPCRA.

Much of the work under EPCRA is the responsibility of local planning districts that are required to develop local emergency response plans. Each plan must identify covered facilities and transportation routes for hazardous materials. Additionally the plan must identify other facilities that are at risk as the result of their proximity to covered facilities or transportation routes. The plan must also contain detailed information about the methods to be used for handling specific releases. Community emergency coordinators facilitate the process fort the community, while facility coordinators perform the same function for each covered facility. Notification, in the event of a release, is required and the plan must list all that must receive notification for each anticipated type of release. The plan must also address the process for determining that a release has occurred and the affected population. The plan must describe emergency equipment, and list persons responsible for equipment and facilities. Evacuation plans, training programs and constant practice are also essential parts of any good plan.

A key component of compliance under EPCRA is maintaining material safety data sheets (MSDS) for each covered chemical. MSDSs are usually provided by the manufacturer or supplier of the covered chemicals. All MSDS for a site should be kept in an accessible location at the site. First responders also need their own set of MSDS for all chemicals that are likely to be found within their jurisdiction. An MSDS contains information about a chemical that is needed to respond to a release. This will include a description of the chemical and its properties including toxicity and appropriate handling and first aid procedures.

Another important part of EPCRA is the Toxic Release Inventory (TRI) Program. <http://www.epa.gov/tri/> The purpose of the TRI Program is to make available to the public information about routine (and other) toxic releases by covered facilities. Releases include those to air, surface water, and land, and those made by underground injection. Both on-site and off-site releases must be reported. The EPA publishes an annual inventory of the releases reported from each covered facility. Facility owners or operators are required to complete toxic chemical release forms for all releases, whether accidental or routine.

Absent an exception, all information provided under EPCRA is available to the public. This includes release data, emergency situations and emergency response plans. An exception is made for trade secrets. A trade secret is any information not generally known to the public that tends to support the profitability of the owner's business. EPCRA provides procedures for the provision of confidential information to first responders and medical personnel without compromising the secrecy of the information. Those who receive trade secret information under this provision of EPCRA are subject to criminal prosecution if they disclose this information.