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The Emergency Planning and Community Right-To-Know Act The Emergency Planning and Community Right To Know Act of 1986 (EPCRA) establishes requirements for Federal, State and local governments, Indian Tribes and industry regarding emergency planning and “Community Right To Know” reporting for hazardous and toxic chemicals. The Community Right To Know provisions help increase the public’s knowledge and access to information on chemicals at individual facilities, their uses, and releases into the environment. States and communities, working with facilities, can use the information to improve chemical safety and protect public health and the environment. What are the Community Right to Know Requirements (Sections 311/312)? Washington State Patrol Troopers and Benton County Fire District #1 assess a Hazardous Materials incident During a 2004 drill. Under Occupational Safety and Health Administration (OSHA) regulations, employers must maintain a material safety data sheet (MSDS) for any hazardous chemicals stored or used in the work place. Approximately 500,000 products have MSDSs. Section 311 requires facilities that have MSDSs for chemicals held above certain quantities to submit either copies of their MSDs or a list of MSDS chemicals to the SERC, LEPC, and local fire department. If the facility owner or operator chooses to submit a list of MSDS chemicals, the list must include the chemical or common name of each substance and must identify the applicable hazard categories. These hazard categories are: · Immediate (acute) health hazard; · Delayed (chronic) health hazard; · Fire hazard; · Sudden release of pressure hazard; and · Reactive hazards. Benton County Fire Protection District If a list is submitted, the facility must submit a copy of the MSDSs for any chemical on the list upon the request of the LEPC or SERC. Facilities that start using a chemical or increase the quantity to exceed the thresholds must submit MSDSs or a list of MSDSs chemicals within three months after they become covered. Facilities must provide a revised MSDS to update the original MSDS if significant new information is discovered about the hazardous chemical. Facilities covered by section 311 must under section 312, submit annually an emergency and hazardous chemical inventory form to the LEPC, the SERC, and the local fire department. Facilities provide either a Tier I or Tier II form. Tier I forms include the following aggregate information for each applicable hazard category: · An estimate (in ranges) of the maximum amount of chemicals for each category present at the facility at any time during the preceding calendar year; · An estimate (in ranges) of the average daily amount of chemicals in each category; and · The general location of hazardous chemicals in each category. The Tier II report contains basically the same information as the Tier I, but it must name the specific chemicals. Many states require Tier II information under state law. Tier II forms provide the following information for each substance: · The chemical name or the common name as indicated on the MSDS; · An estimate (in ranges) of the maximum amount of the chemical present at any time during the preceding calendar year and the average daily amount; · A brief description of the manner of storage of the chemical; · The location of the chemical at the facility; and · An indication of whether the owner elects to withhold location information from disclosure to the public. Because many SERCs have added requirements or incorporated the federal contents in their own forms, Tier I/II forms should be obtained from the SERC. Section 312 information must be submitted on or before March 1 each year. The information submitted under sections 311 and 312 is available to the public from LEPCs and SERCs. In 1999, EPA excluded gasoline held at most retail gas stations from EPCRA 311/312 reporting. EPA estimates that about 550,000 facilities are now covered by EPCRA 311/312 requirements. Click Here for More Information on EPCRA.