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Emergency Planning and
Community Right-To-Know Act
| Please note that this page refers
to federal requirements. State and local regulations
may differ. |
Introduction
The Emergency
Planning and Community Right-To-Know Act (EPCRA) is the name
applied to Title III of a broader law, the Superfund
Amendments and Reauthorization Act (SARA), enacted in 1986.
SARA was passed to amend an earlier law, the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA), which
had created a program for the cleanup of toxic waste sites (the "Superfund" program). However,
shortly before SARA was passed, a release of toxic gases from an industrial
facility in Bhopal, India caused over 2000 deaths, and sensitized the U.S.
public to potential dangers wherever large quantities of toxic chemicals
were stored and used. An extra section not immediately related to
toxic waste cleanup, Title III, was added to SARA to address these concerns.
EPCRA was designed to
promote emergency planning and preparedness at both the state and local level. It
provides citizens, local governments, and local response authorities with
information regarding the potential hazards in their community (sometimes
referred to as "Community Right-to-Know"). EPCRA requires
any facility that is using or storing certain specific chemicals to inform
state and local agencies that it is subject to EPCRA requirements. It
also established various additional reporting obligations.
The list of chemicals covered under EPCRA is called
the list of "Extremely Hazardous Substances" (EHS). There
are currently over 300 chemicals on the list. EPA provides a "List of Lists Database" that lists each chemical, together with a toxicity
and regulatory profile, and a first aid guide.
EPCRA requirements that are likely to be relevant to
healthcare facilities are discussed below..
Emergency planning (EPCRA
Sections 302 and 303)
Any healthcare facility that has any chemical listed
on the extremely
hazardous substances list at or above its planning threshold quantity
must:
- Notify the
State Emergency Response Commission (SERC) and Local Emergency Planning
Committee (LEPC) within 60 days of receiving the shipment (or producing
the substance) on site
- Designate a
facility representative who will participate in the emergency planning
process with the LEPC
- Provide
requested information to enable the LEPC to develop and implement the emergency
plan
Emergency release notification
(EPCRA Section 304)
If there is a reportable release into the environment
of a hazardous substance, healthcare facilities must provide:
- an emergency notification
- a written follow-up notice to the LEPC and SERC
for any area likely to have been affected
A release is reportable under EPCRA Section 304 if
the amount of hazardous substance releases meets or exceeds the minimum reportable
quantity set in the regulations. Two types of chemicals fall under this regulation:
1) extremely
hazardous substances; and 2) CERCLA
hazardous substances.
Annual inventory
(EPCRA Sections 311 and 312)
Under EPCRA Section 311 requirements, healthcare facilities
must submit copies of hazardous chemical material safety data sheets (MSDS)
or a list of MSDS chemicals to the LEPC, SERC, and local fire department. Under
Occupational Safety and Health Administration (OSHA) regulations, employers
must maintain an MSDS for any hazardous chemical stored or used in the work
place.
Under EPCRA Section 312, healthcare facilities that
meet Section 311 requirements for a hazardous chemical must submit an annual
inventory report for that chemical. The inventory report (called a Tier II
report) must be submitted to the LEPC, SERC, and local fire department by
March 1 of each year.
Certain chemicals are exempt from the EPCRA Section
311 and 312 definition of a hazardous chemical. One exemption that
applies to the healthcare industry is concerns medical and research lab materials. Note
that certain conditions must be satisfied in order for this exemption to
apply. The substance must be used in a research laboratory or a hospital
or other medical facility under the direct supervision of a "technically
qualified individual". To meet the definition of a technically
qualified individual, a person must be:
- capable
of understanding the health and environmental risks associated with the
chemical substance that is used under his or her supervision because of
education, training, or experience, or a combination of these factors
- responsible
for enforcing appropriate methods of conducting scientific experimentation,
analysis, or chemical research to minimize such risks
- responsible
for the safety assessments and clearances related to the procurement, storage,
use, and disposal of the chemical substance as may be appropriate or required
within the scope of conducting a research and development activity
EPCRA requirements do not apply to materials being
transported. Therefore, materials being distributed or stored incidental
to transportation (i.e., under active shipping papers) would not be included
in a facility threshold determination under Sections 311 and 312. However,
spill reporting requirements under Section 304 would still apply to all materials,
whether in transit or not.
Toxic
Release Inventory (EPCRA Section 313)
Companies that use more
than a certain minimum amount of any of a long
list of toxic chemicals are required to submit a form every year to EPA
detailing how much of each chemical was emitted or disposed of during the
preceding year. The EPA makes that information public in a database
called the Toxics Release Inventory (TRI). It
has turned out to be one of the most effective tools for convincing manufacturers
to put some serious effort into waste reduction. No one likes to be
identified in local newspaper headlines as the biggest polluter in the neighborhood.
Not all companies have to report under TRI. The
reporting requirement depends in part on the North American
Industry Classification System (NAICS) of the facility. The healthcare
industry primarily falls under SIC codes that include:
- 80xx (hospitals and doctors’ offices/clinics)
- 83xx (social services)
- 8734 (veterinary testing laboratories).
- 0741 and 0742 (veterinary services)
- 4119 (land ambulances)
- 4522 (air ambulances)
None of these SIC codes
are required to file TRI reports under EPCRA Section 313.
There are some cases, however, in which facilities
that might appear to be in the healthcare sector actually do have to report. For
example, federal facilities are subject to EPCRA Section 313. These
would include federal hospitals such as veterans’ hospitals, military
hospitals, or clinics in federal prisons.
Also, a healthcare facility might be considered to
be an "auxiliary facility" if it is primarily engaged in supporting
the activities of another establishment. If the healthcare facility
meets this definition, and if the establishment it supports is required to
file TRI reports under EPCRA, then the healthcare facility must also report
its TRI data.
Typical records an EPA
inspector may ask to review under EPCRA
The typical records a local or state authority or EPA
inspector may ask to review during an EPCRA inspection include:
- Proof of
notification for all environmental releases of a listed hazardous substance. "Failure
to notify" violation will be sited if the National Response Center,
State Hotline, and LEPC is not notified in a timely fashion.
- Emergency
Response Plans
- MSDSs
- Tier I or
Tier II inventory reporting forms. This inspection is done together with
the MSDS. The inspector will look at what materials are stored and in what
quantity and if they are subject to reporting requirements. The federal
government prefers the more detailed Tier II inventory form.
- EPA Toxic
Release Inventory Form R for federal healthcare facilities report on every
chemical manufactured, processed, or used. Form R contains facility identification
information and chemical specific information (toxic chemical identity;
mixture component; activity and uses; maximum amount of chemical on site
during calendar year; quantity; transfers; discharges; on-site waste treatment;
on-site energy recovery; onsite recycling; source reduction/recycling).
More information
EPA’s TRI web
site.
EPA’s CERCLA
website.
"List
of Lists" is a consolidated list of chemicals subject to EPCRA
and CAA Section 112(r) used to help facilities handling chemicals determine
whether they need to submit reports under Sections 302, 304, 311, 312,
or 313 of EPCRA and, for a specific chemical, what reports may need to
be submitted. It will also help facilities determine whether they will
be subject to accident prevention regulations under CAA Section 112(r)
and lists "unlisted hazardous wastes" under RCRA.
Computer
Aided Management of Emergency Operations (CAMEO). CAMEO's primary
users include firefighters, State Emergency Response Commissions (SERCs)
and Tribal Emergency Response Commissions (TERCs), Local Emergency Planning
Committees (LEPCs), industry, schools, environmental organizations, and
police departments.
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