Pollution Prevention and Federal Facilities' Responsibilities Under EPCRA
From GOVSALESWIKI
Pollution Prevention and Federal Facilities' Responsibilities Under EPCRA By Craig Schwartz, Waste Division Manager, Environmental Support Solutions
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.
Executive Order 12856 and Federal Facilities Requirements Under EPCRA
In addition to meeting their obligations under EPCRA, E.O. 12856 requires "covered" federal facilities to show a commitment to waste reduction through the development of a written pollution prevention strategy.
This provision affects all covered federal facilities regardless of SIC code, with one exception: federal facilities outside the authority of the United States customs department. A "covered facility" is defined as having one or more of the following EPCRA threshold requirements:
- 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.
A pollution strategy of a covered facility must contain these elements:
- 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.
- 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.
- Develop a plan and goals to eliminate or reduce the manufacturing, processing or use of extremely harmful chemicals and other hazardous materials.
- Maintain a system of review for all standardized documents to identify possible ways to eliminate the use of extremely hazardous substances.
- Work to develop new pollution prevention strategies and encourage the use of prevention technologies thorough partnerships with other federal agencies, academia and industry.
- 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.
- Complying with applicable federal controls on mobile sources and their fuel.
- Developing risk management plans where required.
Enforcement of EPCRA and Executive Order 12856
Although federal facilities are not governed under the same laws of enforcement as other non-federal entities, federal facilities must still show good faith efforts to comply with the regulations mandated by the executive branch.
To ensure that federal facilities maintain their waste reduction polices, in July 1997, the EPA developed a procedural guidebook entitled "Guidance on Process for Resolving E.O. 12856 and EPCRA Compliance Problems at Federal Facilities". The guide outlines a process for responding to and remedying non-compliant facilities.
The stages of this process are:
- 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.
Environmental Support Solutions (Environ.com), Tempe, Ariz. provides compliance software, training and consulting to organizations affected by refrigerant, indoor air quality, waste, and health & safety issues. For more information ,e-mail Environ.com at info@environ.com , call them at 1-800-289-6116 ext. 1 or visit their compliance information center Web site at www.environ.com .