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Kennewick General Hospital HAZMAT Team members practice treating a patient that has been contaminated by dangerous chemicals during a recent drill.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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 on 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 is the Toxics Release Inventory (Section 313)?

 

EPCRA section 313 (commonly referred to as the Toxics Release Inventory or TRI) requires certain facilities to complete a Toxic Chemical Release Inventory Form annually for specified chemicals.  The form must be submitted to EPA and the state on July 1 and cover releases and other waste management of toxic chemicals that occurred during the preceding calendar year.  One purpose of this reporting requirement is to inform the public and government officials about releases and other waste management of toxic chemicals. The following information is required on the form:

·        The name, location and type of business;

·        Whether the chemical is manufactured (including importation), processed, or otherwise used and the general categories of use of the chemical;

·        An estimate (in ranges)of the maximum amounts of the toxic chemical present at the facility at any time during the preceding year;

·        Quantity of the chemical entering the air, land, and water annually;

·        Off-site locations to which he facility transfers toxic chemicals in waste for recycling, energy recover, treatment or disposal; and

·        Waste treatment/disposal methods and efficiency of methods for each waste stream.

 

In addition, the Pollution Prevention Act of 1990 requires collection of information on source reduction, recycling, and treatment.  EPA maintains a national TRI database, available on the Internet.

 

 

Text Box: Who’s Covered by TRI The TRI reporting requirement applies to facilities that have 10 or more full time employees, that manufacture (including importing), process or otherwise use a listed toxic chemical above threshold quantities, and that are in one of the following sectors: • Manufacturing (Standard Industrial Classification SIC) codes 20-29 • Metal mining (SIC code 10, except for SIC codes 1011, 1081, and 1094) • Coal mining (SIC code 12, except for 1241 and extraction activities) • Electrical utilities that combust coal and/or oil (SIC codes 4911, 4931, and 4939) • Resource Conservation and Recovery Act (RCRA) Subtitle C hazardous waste treatment and disposal facilities (SIC code 4953) • Chemicals and allied products wholesale distributors (SIC code 5169) • Petroleum bulk plants and terminals (SIC code 5171) • Solvent recovery services (SIC code 7389)

 

 

 

What Else Does EPCRA Require?

 

Trade Secrets.---EPCRA section 322 addresses trade secrets as they apply EPCRA sections 303, 311, 312 and 313 reporting a facility cannot claim trade secrets under section 304 of the statute.  Only chemical identity may e claimed as a trade secret, though a generic class for the chemical must e provided.  The criteria a facility must meet to claim a chemical identity as a trade secret are in 40 CFR part 350.  In practice, less than one percent of facilities have filed such claims.

 

Even if chemical identity information can be legally withheld from the public, EPCRA section 323 allows the information to be disclosed to health professionals who need the information for diagnostic and treatment purposes or local health officials who need the information for prevention and treatment activities.  In non-emergency cases, the health professional must sign a confidentiality agreement with the facility and provide a written statement of need.  In medical emergencies, the health professional, if requested by the facility, provides these documents as soon as circumstances permit.

 

Any person may challenge trade secret claims by petitioning EPA. EPA must then review the claim and rule on its validity.

 

EPCRA Penalties.---EPCRA section 325 allows civil and administrative penalties ranging up to $10,000-$75,000 per violation or per day per violation when facilities fail to comply with the reporting requirements.  Criminal penalties up to $50,000 or five years in prison apply to any person who knowingly and willfully fails to provide emergency release notification.  Penalties of not more than $20,000 and/or up to one year in prison apply to any person who knowingly and willfully discloses any information entitled to protection as a trade secret.

 

Citizens Suits.---EPCRA section 326 allows citizens to initiate civil actions against EPA, SERCs and the owner or operator of a facility for failure to meet the EPCRA requirements.  A SERC, LEPC and state or local government may institute actions against facility owner/operators for failure to comply with EPCRA requirements.  In addition, states may sue EPA for failure to provide trade secret information.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Kennewick General Hospital HAZMAT Team members practice treatment on a mock victim during a drill.