EPA Updates Emergency Planning and Release Notification Requirements
Beveridge & Diamond, P.C. - Massachusetts Environmental, Land Use & Real Estate Alert, 2008
On November 3, 2008, the U.S. Environmental Protection Agency issued a final rule modifying regulations implementing the Emergency Planning and Community Right-to-Know Act (EPCRA), effective December 3. The revisions were originally proposed on June 8, 1998. EPA described these changes as minor and clarifying. In addition, the EPA has rewritten and reorganized 40 CFR parts 355 and 370 in “plain language.” The changes include:
Changes to Tier I and Tier II inventory forms and instructions. EPA is removing the Tier I and Tier II inventory forms and instructions from the regulation, and making them available on EPA’s website. EPA stated that this will make it easier for EPA to make minor changes to the forms, but would go through rulemaking if the EPA proposes significant changes to the forms in the future. Changes to the form or instructions being made at this time include requiring the use of the NAICS code instead of the SIC code and reporting the chemical on the Tier II form by its “chemical name or the common name of the chemical as provided on the [MSDS].”
In addition, EPA is clarifying that a state or local form may be used, and may be submitted in a variety of ways including electronically, as long as the information required by the federal rules is included.
Minor Revisions and Clarifications relating to Emergency Planning. The revised rule add a new provision that requires a facility to provide to the Local Emergency Planning Committee (LEPC) the name of the facility emergency coordinator within 60 days of becoming subject to EPCRA’s emergency planning requirements.
The rule previously required reporting to the LEPC of changes at the facility that are relevant to emergency planning, but did not provide a time frame. The revised rule would require such reporting within 30 days of the change.
Minor Revisions and Clarifications relating to Release Notification. The previous rules on emergency release notification required an immediate and a follow-up notification to the LEPC and the SERC after discovery of a reportable release. The revised rule will specify that the initial notification should be oral and the follow-up notification should be written.
The previous rule did not explicitly state the time period during which a release must occur to trigger reporting requirements. The revised rule will specify that the release of a reportable quantity within any 24 hour period triggers immediate reporting.
The continuous release reporting requirements have been clarified to specify that the SERC and LEPC should receive certain notices associated with continuous release reporting, including the initial notification, notification of a statistically significant release, notification of a new release, and notification of a change in the normal range of the release. This codifies statements previously made by EPA in guidance.
For further information please contact Jeanine Grachuk at jgrachuk@bdlaw.com.
