The Federal Law
The Emergency Planning and Community Right-to-Know Act of 1986, more commonly
known as Superfund Amendments and Reauthorization Act of 1986 (SARA),
Title III has a twofold purpose. It is designed to improve local planning
for responses to chemical releases, and to increase the public’s
access to information about the chemicals stored in their neighborhoods.
Many of these materials are things we use every day. A few examples are
gasoline, fertilizer, pesticides, chlorine, anhydrous ammonia, and propane.
While their presence is common and accepted, the transportation of these
materials over our highways, and their presence in our communities, does
cause some risk. SARA Title III provides a framework to address this risk.
The State Law
Each state is required to establish a state emergency response commission,
determine planning districts, and establish a local emergency planning
committee in each district. Indian tribes are treated as states. A tribe
may either establish its own tribal emergency response commission or choose
to work with a state commission as a local emergency planning committee.
Local emergency planning committees must develop emergency response plans.
These plans address the chemical hazards in the community within the scope
of the local resources available to respond to releases. The plans are
based on information provided by facilities that use, store, or release
hazardous materials. Businesses must report this information to their
local emergency planning committee, the fire department, and the state
emergency response commission. In turn, the state commission and the local
committees must provide this information to the public upon request.
Reporting Requirements
Several sections of Title III impose reporting requirements on facilities.
Section 302 requires notification if a facility stores at least one substance
on the Extremely Hazardous Substances List established by SARA. This notification
must say that the facility stores an extremely hazardous substance and
is therefore subject to the emergency planning requirements. The amount
of a substance that must be present to trigger the report is called the
threshold planning quantity.
Under Section 303, a facility that stores one or more extremely hazardous
substance must designate a facility coordinator to work with the local
committee to develop a response plan. Facilities that have already submitted
a Section 302 notification do not need to do so again. However, they must
inform their local committee and the state commission if the coordinator
changes.
Section 304 deals with releases rather than storage. It includes not only
releases from fixed facilities, but also transportation incidents. Vehicles,
vessels, and rolling stock are considered facilities for the purposes
of Section 304.
A chemical on either the Extremely Hazardous Substances List, or on the
Comprehensive Emergency Response, Compensation, and Liability Act list,
has a reportable quantity. This amount is as little as one pound for some
substances but may be much higher. You should refer to either the Extremely
Hazardous Substances List, or the Title III List of Lists, for the reportable
quantity for a specific substance. If the amount of a release exceeds
the reportable quantity, the release must be reported as soon as the responsible
party becomes aware of it.
Sections 311 and 312 have similar reporting thresholds and provide similar
information.
Where to Send Reports
The information is sent to three locations – the local committee,
the fire department, and the state emergency response commission.
Section 311 requires facilities to report the presence of certain materials
within 90 days of beginning to store them. This report may consist of
either:
1. Copies of the material safety data sheets for all substances stored
in an amount which: A.) exceeds the threshold planning quantity for extremely
hazardous substances; or B.) exceeds 10,000 pounds for hazardous substances
designated by the Occupational Safety and Health Administration; or
2. A list of these materials classified by hazard.
Section 312 requires facilities to submit an Emergency and Hazardous Chemical
Inventory Form by March 1 of each year. This report, known as a Tier II
Form, must be provided to the three groups listed above. The completed
form contains information about chemicals stored during the preceding
calendar year.
CAMBRIDGE LOCAL EMERGENCY PLANNING COMMISSION
The City of Cambridge has established a Local Emergency Planning Commission
(LEPC) to deal with SARA Title III (HazMat) issues. The Coordinator of
the LEPC is Captain Gerard E. Mahoney of the Cambridge Fire Department
(gmahoney@cambridgefire.org).
Emergency
Action Plans
CAMBRIDGE LABORATORY FACILITY REQUIREMENTS
As part of the laboratory permitting process in the City of Cambridge
each new facility is reviewed by Captain Gerard E. Mahoney; Coordinator
of the Cambridge LEPC. The review has two parts to it.
1. Submission of certain documents
2. A walk-through of the facility
Due to the dynamics of the science related industries in this city, some
facilities have been in operation in Cambridge without going through this
review. Consequently an existing facility will also have to go through
the review process if it has not already done so.
Laboratory
Facility Requirements
Document Submission
The documents to be submitted are the following:
1. A copy of the facility Chemical Hygiene Plan.
2. A copy of the facility Emergency Contingency Plan (aka Emergency Action
Plan).
3. A complete inventory of flammable and combustible liquids, flammable
gases and flammable solids. This is in accordance with the Massachusetts
Fire Prevention Regulations 527 CMR 14. This inventory shall be done using
gallon measurements. (For example: 15 gallons of Ethanol, Class I).
4. If there is no current permit from the Cambridge Fire Department for
storage of flammables, a check for $50.00 payable to City of Cambridge
for the annual permit.
5. A letter from the health care facility that is contracted to be the
Occupational Health Service for the lab facility.
Additional Licensing Requirements
It is important to remember that a permit from the fire department for
flammables does not relieve a facility from the requirements to obtain
a License from the Cambridge License Commission if required. For example,
if a facility has more than 165 gallons of Class I flammables on site
a License in addition to a permit is required. For multi-tenant buildings
there is one license for the building and one permit for each tenant.
After the documents are submitted to Capt. Mahoney, a walk-through inspection
will be scheduled. After the walk-through, if there are no outstanding
issues, the facility will be given permission to commence operations using
chemicals. A facility may not begin operations until these requirements
are complied with.
For any further information contact Capt. Mahoney at the LEPC Office
or via e-mail at gmahoney@cambridgefire.org.
Flammable Storage Guidelines
The Cambridge LPEC has a specific set of guidelines for ongoing hazardous
materials storage per the May 2003 Bulletin (most recent).
Flammable
Storage Information
Permits
and License Flowchart for Flammable Storage Information
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