Compliance Issues
Pollution Prevention and Federal Facilities' Responsibilities Under EPCRA
By Craig Schwartz, Waste Division Manager, Environmental Support Solutions
May 18, 2005, 15:23

Overview of the Emergency and Community Right-to-Know Act (EPCRA)

Established in 1986, the Emergency and Community Right-to-Know Act (EPCRA) set the responsibilities for state and federally run facilities to respond to public concern about hazardous materials and their use in communities. Also known as Title III of the Superfund Amendments and Reauthorization Act, or SARA, EPCRA consists of four distinct categories, each having unique chemical and facility reporting requirements. They are:

• Emergency planning;
• Emergency release notification;
• Hazardous chemical inventory reporting; and
• Toxic chemical release inventory reporting.

• The presence of an extremely hazardous substance (EHS) at or above its Threshold Planning Quantity (TPQ).
• The release of an EHS or other CERCLA hazardous substance listed at or above its reportable quantity (RQ).
• The presence of 10,000 pounds of a hazardous chemical, or 500 pounds of an EHS, or the chemical's TPQ whichever amount is lower.
• The presence of at least 25,000 pounds per year of chemicals used in the manufacturing or processing of products; or 10,000 pounds per year of one or more listed toxic chemicals. This reporting threshold refers to companies with 10 or more full-time employees.

1. Develop a written policy explaining the federal facility's strategy for pollution prevention. This process includes identifying a designated person to oversee a facility's progress and assist in implementation of the written policy.
   
   
2. Establish goals voluntarily that will identify goals to reduce total releases and transfers of toxic substances by 50 percent. The EPA recommends that facilities commit to source reduction of these substances whenever possible.
   
   
3. Develop a plan and goals to eliminate or reduce the manufacturing, processing or use of extremely harmful chemicals and other hazardous materials.
   
   
4. Maintain a system of review for all standardized documents to identify possible ways to eliminate the use of extremely hazardous substances.
   
   
5. Work to develop new pollution prevention strategies and encourage the use of prevention technologies thorough partnerships with other federal agencies, academia and industry.
   
   
6. Send regular annual reports to the EPA discussing the facility's progress in establishing a pollution prevention program. This requirement will end after the October 1, 2001 deadline for reports this year.
   
   
7. Complying with applicable federal controls on mobile sources and their fuel.
   
   
8. Developing risk management plans where required.

• An initial compliance screening to identify where the facility has fallen short of the requirements.
• An informal notification by the EPA and a response from the facility regarding the facility's compliance status.
• An inspection conducted by the EPA.
• A letter from the EPA requiring that the facility comply within 45 days.
• If necessary, the EPA will draft and negotiate a Federal Facility Compliance Agreement.
• The EPA lists the facility in its annual report to the president as being in violation of EPCRA and E.O. 12856.

The Future of Executive Order 12856

Changes to E.O. 12856 and the possibility of new environmental management requirements under EPCRA for federal facilities may be on the horizon. In its February 1999 report outlining environmental enforcement activities at federal facilities, the EPA mentioned that E.O.12856 was being evaluated by the Office of Management and Budget in an effort to streamline the requirements set under three separate executive orders.

If the Office finds it necessary, the executive orders 12856, E.O.12845 and E.O. 12969 would be combined into a single executive order. Until these changes have been agreed upon, federal facilities will need to remain in compliance with the regulations set by the EPA and E.O. 12856. Federal facilities that show a commitment to the standards set by EPCRA and E.O. 12856 not only improve the quality of the environment, but also demonstrate to the nation that conservation and waste reduction are a sound way to conduct business.