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:
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.
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.
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
Updated section 301-304, 311-312 and 313
Updated appendix D and B
|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:
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.
The sections of EPCRA which apply to school district operations include the following sections:
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.
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
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?
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.
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:
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?
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 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:
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:
A facility is only subject to this third reporting requirement if it meets all of these three criteria:
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.
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:
Recordkeeping and Documentation
Does complete and proper documentation exist at each facility in the following areas:
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.
(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
Regional Map contacts