Community Right to Know Plan
© 2018 Resource Training & Solutions
This plan is designed to help the St Cloud School District comply with the Emergency Planning and Community Right-to-Know Act. This federal regulation includes the following:
- 40 CFR Part 302 - Designation, Reportable Quantities, and Notification
- 40 CFR Part 311 - Worker Protection
- 40 CFR Part 350 - Trade Secret Claims for Emergency Planning and Community Right-to-Know Information: and Trade Secret Disclosure to Health Professionals
- 40 CFR Part 355 - Emergency Planning and Notification
- 40 CFR Part 370 - Hazardous Chemicals Reporting and Community Right-to-Know Requirements
- 40 CFR Part 372 - Toxic Chemical Release Reporting Requirements
This Plan is intended to be non site-specific and may need to be modified to adapt to specific conditions at each site or school district. In addition, the St Cloud School District is responsible for the implementation, enforcement and updating of their Plan. It is recommended that the Plan be reviewed and updated annually. Actual use of this Plan is limited to Resource Training & Solutions and the St Cloud School District which it represents. A reference compliance checklist can be found in Appendix A.
Plan Review and Updated Report
Community Right to Know Management Plan Review and Update Report
Program review and changes are documented below. Documented reviews indicate that the plan continues to meet the needs of the District, or has been modified to do so more effectively.
Date Updates/Notes Reviewer 4/4/16
Updated Appendix C : emergency contacts
Updated Appendix A: changed updated link to the list of extremely hazardous substances and TPQs.
Changed appendix A to B and added compliance checklist
Wayne Warzecha 4/5/16
Updated section 301-304, 311-312 and 313
Updated appendix D and B
Wayne Warzecha 4/8/16 Added LEPC regional map and contact page Wayne Warzecha
The Superfund Amendment and Reauthorization Act of 1986 (SARA) was enacted into law on October 17, 1986. One of the SARA provisions is Title DI: The Emergency Planning and Community Right-to-Know Act (EPCRA). EPCRA has established requirements for federal, state, and local governments, as well as industry, regarding emergency planning and community right-to-know reporting on hazardous and toxic chemicals. EPCRA was passed because of local concern regarding chemical spills and other catastrophes which could impact the people and environment of communities where hazardous materials are manufactured, stored or used.
The SARA Title III Amendments mandated nationwide programs for emergency response planning at the community and state levels. The law was written to help communities plan for chemical accidents by providing them with the necessary information to identify chemical hazards and, therefore, plan for hazardous materials emergencies. The type of information provided under this law includes information on chemicals stored, used, disposed of, and discharged to the environment by local businesses. The requirements of EPCRA are administered primarily at the state and local levels by the State Emergency Response Commission (SERC) and Local Emergency Planning Committees (LEPC).
The four major sections of EPCRA are:
- Section 301-303 Emergency Planning
- Section 304 Emergency Notification
- Section 311, 312 Community Right-to-Know Reporting Requirements
- Section 313 Toxic Chemical Release Reporting - Emissions Inventory
Sections 301 to 303, the emergency planning sections, were designed to develop state and local governments' emergency response and preparedness capabilities through better coordination and planning, especially within the local community. State emergency response commissions were designated which in turn appointed local emergency planning districts. The local committees' primary responsibility was to develop an emergency response plan.
Section 304, the emergency notification section, requires that facilities immediately notify the local emergency planning committee, the state emergency response commission, and the National Response Center if there is a release of a listed hazardous substance that exceeds its reportable quantity.
Community Right-to-Know reporting requirements are covered in Sections-311 and 312. Section 311 requires that facilities which (1) store the lesser of 500 pounds or the threshold planning quantity of an Extremely Hazardous Substance on-site; and/or (2) which store any hazardous material for which they must prepare or have available Safety Data Sheets (SDS) under OSHA regulations, must submit copies of its SDSs or a Hazardous Chemical Report including a list of SDS chemicals to the local emergency planning committee, the state emergency response commission, and the local fire department.
Section 312 requires the annual submission of a Hazardous Chemical Inventory form to the local emergency planning committee, the state emergency response commission, and the local fire department. The hazardous chemicals covered by this section are the same as those covered in Section 311.
Section 313, toxic chemical release reporting, requires facilities which use listed toxic chemicals over 10,000 pounds in a calendar year to complete a Toxic Chemical Release Form for specified chemicals. The EPA has published a format for the form, referred to as Form R. The reporting requirement applies to facilities which have ten or more full-time employees, that are in Standard Industry Classification (SIC) Codes 20-39 (i.e., manufacturing facilities) and that manufacture, process, or otherwise use a listed toxic chemical in excess of threshold quantities.
Trade secret provisions, public access to information, enforcement, and other general provisions are covered in Part 350 - Trade Secret Claims for Emergency Planning and Community Right-to- Know Information: and Trade Secret Disclosure to Health Professionals to the SARA Title HJ Amendments. While the identity of a hazardous chemical or an extremely hazardous substance may be claimed as a trade secret, the generic class or category of chemical must still be provided to the LEPC and SERC.
Applicability to School District Operations
The sections of EPCRA which apply to school district operations include the following sections:
- Sections 301-304: Emergency Planning and Notification
- Sections 311 and 312: Community Right-to-Know Reporting Requirements
According to the SERC, school district operations will not be required to comply with Section 313: Toxic Chemical Release Reporting - Emission Inventory requirements. This is due to the high threshold amounts of toxic chemical release during normal business operations and the fact that this section is primarily focused on manufacturing operations.
Emergency Planning and Notification: Sections 301-304
EPCRA Section 301-303
Sections 301 to 303. Emergency Planning - (LEPC) Local Emergency Planning Committee are required to prepare chemical emergency response plans, and to review plans at least annually. (SERC) State Emergency Response Commission are required to oversee and coordinate local planning efforts. Facilities that maintain Extremely Hazardous Substances (EHS) on-site in quantities greater than corresponding threshold planning quantities must cooperate in emergency plan preparation.
EPCRA Section 304
Emergency Planning and Community Right-to-Know Act (EPCRA) Emergency Release Notification Requirements
If an accidental chemical release exceeds the applicable minimal reportable quantity, the facility must notify State Emergency Response Commissions (SERCs) and the National Response Center (NRC) for any area likely to be affected by the release. The facility must provide a detailed written follow-up as soon as practicable. Information about accidental chemical releases must be made available to the public.
What facilities and chemicals are regulated under the emergency release notification requirements?
Any facility that accidentally releases into the environment one of the following types of chemicals in an amount greater than or equal to the minimum reportable quantity as required by the Emergency Planning and Notification regulation Extremely Hazardous Substances - (Emergency Planning and Notification, 40 CFR part 355) Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) hazardous substances(Designation, Reportable Quantities, and Notification, 40 CFR part 302)
What chemicals are regulated?
The consolidated list of chemicals provides a listing of all chemicals subject to: Can be found in Appendix B
- Emergency Planning and Community Right-To-Know Act (EPCRA),
- Comprehensive Environmental Response, Compensation and Liability Act (CERCLA),
- Section 112(r) of the Clean Air Act includes the Extremely Hazardous Substances (EHSs),
- Toxics Release Inventory (TRI) chemicals, and CERCLA hazardous substances and Toxic and Flammable Substances for Accident Release Prevention.
What are facilities required to do?
If such an accidental release occurs, the facility must immediately notify LEPCs and SERCs for any area likely to be affected by the release. In addition, spills of CERCLA hazardous substances must also be reported to the NRC at (800) 424-8802. Emergency notification requirements involving transportation incidents can be met by dialing 911, or in the absence of a 911 emergency number, calling the local operator.
What must be included in the emergency notification?
- The chemical name
- An indication of whether the substance is extremely hazardous
- An estimate of the quantity released into the environment
- The time and duration of the release
- Whether the release occurred into air, water, and/or land
- Any known or anticipated acute or chronic health risks associated with the emergency, and where necessary, advice regarding medical attention for exposed individuals
- Proper precautions, such as evacuation or sheltering in place
- Name and telephone number of contact person
What is a Written Follow-up Notice?
A written follow-up notice must be submitted to the SERC and LEPC as soon as practicable after the release. The follow-up notice must update information included in the initial notice and provide information on actual response actions taken and advice regarding medical attention necessary for citizens exposed.
Community Right-to-Know Reporting Requirements: Sections 311 and 312
EPCRA Sections 311-312
Emergency Planning and Community Right-to-Know Act (EPCRA) Hazardous Chemical Storage Reporting Requirements
For any hazardous chemical used or stored in the workplace, facilities must maintain a safety data sheet (SDS). SDSs, or a list of chemicals, must be submitted to their State Emergency Response Commission (SERC), Local Emergency Planning Committee (LEPC) and local fire department. Facilities must also report an annual inventory of these chemicals by March 1 of each year to their SERC, LEPC and local fire department. The information must be made available to the public.
What facilities are covered?
Any facility required under Occupational Safety and Health Administration (OSHA) regulations to maintain SDSs for hazardous chemicals stored or used in the work place. Facilities with chemicals in quantities that equal or exceed the following thresholds must report:
- For Extremely Hazardous Substances (EHSs)(40 CFR part 355) either 500 pounds or the Threshold Planning Quantity (TPQ), whichever is lower.
- For gasoline (all grades combined) at a retail gas station, the threshold level is 75,000 gallons (or approximately 283,900 liters), if the tank(s) was stored entirely underground and was in compliance at all times during the preceding calendar year with all applicable Underground Storage Tank (UST) requirements at 40 CFR part 280 or requirements of the State UST program approved by the Agency under 40 CFR part 281.
- For diesel fuel (all grades combined) at a retail gas station, the threshold level is 100,000 gallons (or approximately 378,500 liters), if the tank(s) was stored entirely underground and the tank(s) was in compliance at all times during the preceding calendar year with all applicable UST requirements at 40 CFR part 280 or requirements of the State UST program approved by the Agency under 40 CFR part 281.
- For all other hazardous chemicals: 10,000 pounds.
What is a hazardous chemical?
Hazardous chemicals are any substances for which a facility must maintain a SDS under the OSHA Hazard Communication Standard, which lists the criteria used to identify a hazardous chemical. SDSs are detailed information sheets that provide data on health hazards and physical hazards of chemicals along with associated protective measures. Over 500,000 products have SDSs which are normally obtained from the chemical manufacturer.
What are facilities required to do?
- Under the Emergency Planning and Community Right-to-Know Act (EPCRA) Section 311, facilities must submit the same SDSs they maintain for OSHA to their SERC, LEPC, and local fire department. Or, facilities may choose to submit a detailed list of the same chemicals instead. This is a one-time submittal; facilities have three months after becoming subject to the OSHA regulations to submit their material.
- Facilities that need to submit SDSs or chemical lists under Section 311, also need to submit an annual inventory report for the same chemicals (EPCRA Section 312). This inventory report must be submitted to the SERC, LEPC and local fire department by March 1 of each year.
How do I submit a Tier I or Tier II Inventory Report?
Facilities covered by these requirements must submit an emergency and hazardous chemical inventory form to the LEPC, the SERC and the local fire department annually. Facilities provide either a Tier I or Tier II form. Most states require the Tier II form. Tier II forms require basic facility identification information, employee contact information for both emergencies and non-emergencies, and information about chemicals stored or used at the facility:
- The chemical name or the common name as indicated on the SDS
- An estimate 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
- An indication of whether the owner of the facility elects to withhold location information from disclosure to the public
Toxic Chemical Release Reporting - Emission Inventory Requirements: Section 313
The following specific compliance area is addressed under reporting requirements.
A Toxic Release Inventory (TRI) report (EPA Form R) must be submitted annually to the EPA and SERC if a facility has released toxic chemicals into the environment as a result of normal business operations.
A TRI report (EPA Form R) must be completed by the facility for any chemical or chemical category found in the Specific Toxic Chemical Listings found in Part 370 - Hazardous Chemical Reporting: Community Right-to-Know (40 CFR 372.65).
Abnormal or emergency releases must still be reported under emergency release reporting requirements. The threshold amounts for purposes of reporting are as follows:
- 25,000 pounds of a chemical manufactured or processed at a facility during the course of the calendar year.
- 10,000 pounds of a chemical used at a facility during the course of the calendar year.
The purpose of the TRI reporting requirement is to inform the government and the public regarding releases of toxic chemicals into the environment. It also helps the EPA in their research development of future regulations, guidelines and standards. The EPA Form R must include the following:
- Company or facility name, location, and principal business activities at the facility;
- Certification by facility management of the accuracy and completeness of the report;
- Information for each listed toxic chemical, whether manufactured, processed, or otherwise utilized; the general category of use of the chemical; an estimate of the maximum amounts of the toxic chemical present at any time during the preceding calendar year; the waste treatment or disposal methods utilized and an estimate of treatment efficiency; an annual quantity of the chemical entering the environment; and a pollution prevent plan.
A facility is only subject to this third reporting requirement if it meets all of these three criteria:
- Must be in SIC Codes 20-39 (manufacturing operations),
- Must have 10 or more full-time employees,
- Must manufacture, process, or otherwise use a listed toxic chemical in excess of its threshold planning quantity.
The toxic chemical release form is due annually on July 1. Information from these reports is available through the EPA's TRI computerized database. The general public has access to this database through the National Library of Medicine.
Toxic chemical release inventory reporting Form R and associated instructions have been revised in 1991 for the EPA. The revisions are covered under Section 313 of the Emergency Planning and Community Right-to-Know Act (Title III of the Superfund Amendment and Reauthorization Act of 1986).
Covered facilities submit a TRI report (EPA Form R) for each listed chemical each year. Form R is sent to the EPA with copies to the SERC. The forms are required to be submitted by June 30 and reflect chemical use and releases for the preceding year.
The State of Minnesota does not require any facilities, including educational institutions, beyond the EPA Requirements to submit a TRI Report. However, in the future, additional facilities may be required by the State of Minnesota to submit a TRI Report to the EPA.
Appendix A: Compliance Checklist
Community Right-to-Know Compliance Checklist
The following checklist serves as a quick reference for an individual school district to evaluate their level of compliance with the Emergency Planning and Community Right-to-Know standards.
Regulatory Contacts - Yes No
Have all contacts between on-site personnel and regulatory agencies been reported to off-site management?
Extremely Hazardous Substances – Types & Quantities
Have extremely hazardous substances (EHS) kept at each affected facility been identified and cross-referenced with the EPA EHS and TPQ List found in Appendix A?
Do the quantities of these substances kept at each affected facility meet or exceed threshold planning quantities (TPQs) and cross-referenced with the EPA EHS and TPQ list found in Appendix A?
Have employees been given proper training in emergency response procedures in accordance with the OSHA Hazardous Waste Operations and Emergency Response Standard?
Is “refresher” training given at least annually?
Has the following written compliance program been developed and implemented for each affected facility:
- Site or facility specific emergency response plan
Recordkeeping and Documentation
Does complete and proper documentation exist at each facility in the following areas:
- Regulatory contacts?
- Compliance programs?
- Employee training?
Are on-site records well-organized and secure?
Channels of Communication
Have on-site managers been properly informed of all relevant Community Right-to-Know information?
Do on-site managers and supervisors fully understand their responsibilities in terms of Community Right-to-Know compliance?
Have reporting deadlines been met?
Note: This checklist is not intended to be comprehensive in nature. Each school district should refer to their Plan which further outlines general compliance requirements.
Appendix C: List of Agency Addresses and Telephone Numbers
(SERC) State Emergency Response Commission
Minnesota Homeland Security and Emergency Management
445 Minnesota Street, Suite 223 St Paul MN 55101-6223
Minnesota Duty Officer: 1-800-422-0798 or (651)649-5451
U.S. EPA Region 5
77 West Jackson Boulevard
Chicago, IL 60604
National Response Center: 1-800-424-8802
(LEPC) Local Emergency Planning Committee
Regional Map contacts
Appendix B: EPA List of Extremely Hazardous Substances and TPQs
Appendix D: CERCLA Hazardous Substances and RQ's
Appendix E : Tier II Forms and Reporting Instructions