Depending on the volume of hazardous materials or extremely hazardous materials stored on site, federal facilities must submit notifications of their activities.
Summary of Federal Requirements
When there is a release of a reportable quantity (RQ) of any extremely hazardous substance or CERCLA hazardous substance, the facility must make emergency release notification to the State Emergency Response Commission (SERC) and the Local Emergency Planning Committee (LEPC). The notification must include:
A written follow-up notification must be submitted to the LEPC and the SEPC.
- 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; and,
- Name and telephone number of contact person.
The hazardous substances to which this applies are listed in 40 CFR 302.4.
Information on your Local Emergency Planning Committee (LEPC) can be found through your state's Emergency Response Commission.
Extremely Hazardous Substances
When extremely hazardous substances are present in amounts equal to or greater than the threshold limits, the facility must notify the SERC and the LEPC within 60 days after they first receive a shipment or produce the substance onsite. The current list is found in 40 CFR 355, Appendix A.
Community Right to Know
Federal facilities that have chemicals held above the following thresholds must submit either copies of their MSDSs or a list of MSDS chemicals to the SERC, LEPC, and local fire department.
If the facility owner or operator chooses to submit a list of MSDS chemicals, the list must include the chemical or common name of each substance and must identify the applicable hazard categories. These hazard categories are:
- for all extremely hazardous substances present in amounts greater than or equal to 500 lb (227 kg, approximately 55 gal) or the threshold planning quantity, whichever is lower
- for gasoline (all grades combined) in amounts greater than or equal to 75,000 gal (or approximately 283,900 L) when the gasoline is in tanks entirely underground at a retail gas station that was in compliance during the preceding CY with all applicable UST regulations
- for diesel fuel (all grades combined) in amounts greater than or equal to 100,000 gal (or approximately 378,500 L) when the diesel is in tanks entirely underground at a retail gas station that was in compliance during the preceding CY with all applicable UST regulations
- for all other hazardous chemicals present at any one time in amounts equal to or greater than 10,000 lb (4540 kg).
If a list is submitted, the facility must submit a copy of the MSDSs for any chemical on the list upon the request of the LEPC or SERC.
- Immediate (acute) health hazard;
- Delayed (chronic) health hazard;
- Fire hazard;
- Sudden release of pressure hazard; and
- Reactive hazard.
The current list is found in 40 CFR 372.65.
Tier I / Tier II Reporting
The facilities subject to the Community Right-to-Know requirements must annually submit an emergency and hazardous chemical inventory form to the LEPC, the SERC, and the local fire department. Facilities provide either a Tier I or Tier II form.
Summary of State Requirements
States usually have permit requirement in order to construct and/or operate a source of air pollution. Depending on the attainment status of a state or given area of a state, more stringent planning, monitoring, and control standards will be required.
States may regulate fume hood exhausts through a permitting system.
Laws and Statutes
Emergency Planning & Community Right to Know Act