The Emergency Planning and Community Right-to-Know Act (EPCRA) provides a method to account for hazardous substances stored in many businesses before or during their use. A problem can occur if one or more of these substances are spilled or otherwise released. Although the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) covers the reporting of pesticides spills, it does not cover the planning needed for handling spills nor the involvement of other substances in such emergencies as fires, earthquakes, floods, storms or transportation accidents that cause hazardous substance releases.
EPCRA also is known as Title III of SARA (the Superfund Amendments and Reauthorization Act). One part of this law established requirements for state and local governments to obtain information on the storage of extremely hazardous substances that would cause serious, irreversible health effects from an accidental release (spill) into the environment.
A list of about 366 extremely hazardous substances with their action levels is associated with this part of the law. Its intent is to provide local and state officials in emergency service agencies with information on the amounts, types and location of the extremely hazardous substances stored within their jurisdiction. The local officials can then make plans with the people and businesses to handle spills, fires and other emergencies involving these extremely hazardous substances.
Common pesticides included in this list that are currently registered for use are listed in Table 1.
Table 1
Common pesticides on the SARA Title III List of Extremely Hazardous Substances.
| Common name | Brand name | Pesticide type | Reportable quantity* | Threshold Planning Quantity** |
|---|---|---|---|---|
| Aldicarb | TEMIK | Insecticide, Nematicide | 1 pound | 100/10,000 pounds |
| Aluminum phosphide | PHOSTOXIN | Fumigant | 100 pounds | 500 pounds |
| Azinphos-methyl | GUTHION | Insecticide | 1 pound | 10/10,000 pounds |
| Bromadiolone | MAKI | Fungicide | 1 pound | 100/10,000 pounds |
| Carbofuran | FURADAN | Insecticide, Nematicide | 10 pounds | 10/10,000 pounds |
| Chlorophacinone | ROZOL | Fungicide | 1 pound | 100/10,000 pounds |
| Chloroxuron | TENORAN | Herbicide | 1 pound | 500/10,000 pounds |
| Coumaphos | CORAL | Insecticide | 10 pounds | 100/10,000 pounds |
| Dichlorvos | DDVP, VAPONA | Insecticide | 10 pounds | 1,000 pounds |
| Dicrotophos | BIDRIN | Insecticide, Acaricide | 1 pound | 100 pounds |
| Dimethoate | CYGON | Insecticide, Acaricide | 10 pounds | 500/10,000 pounds |
| Dinitrocresol | DNOC | Herbicide, Insecticide, Fungicide | 10 pounds | 10/10,000 pounds |
| Diphacinone | KILL KO | Fungicide | 1 pound | 10/10,000 pounds |
| Disulfoton | DI-SYSTON | Insecticide, Acaricide | 1 pound | 500 pounds |
| Endosulfan | THIODAN | Insecticide, Acaricide | 1 pound | 10/10,000 pounds |
| Ethion | ETHION | Insecticide, Acaricide | 10 pounds | 1,000 pounds |
| Fenamiphos | NEMACUR | Nematicide | 1 pound | 10/10,000 pounds |
| Fonofos | DYFONATE | Insecticide | 1 pound | 500 pounds |
| Formetanate hydrochloride | CARZOL | Insecticide, Acaricide | 1 pound | 500/10,000 pounds |
| Lindane | LINDANE | Insecticide | 1 pound | 1,000/10,000 pounds |
| Methamidophos | MONOTOR | Insecticide, Acaricide | 1 pound | 100/10,000 pounds |
| Methidathion | SUPRACIDE | Insecticide, Acaricide | 1 pound | 500/10,000 pounds |
| Methiocarb | MESUROL | Molluscicide, Insecticide, Acaricide | 10 pounds | 500/10,000 pounds |
| Methomyl | LANATE, NUDRIN | Insecticide, Acaricide | 100 pounds | 500/10,000 pounds |
| Methyl bromide | BROM-O-GAS | Fumigant | 1,000 pounds | 1,000 pounds |
| Methyl parathion | METHYL PARATHION | Insecticide | 100 pounds | 100/10,000 pounds |
| Mevinphos | PHOSDRIN | Insecticide, Acaricide | 10 pounds | 500 pounds |
| Oxamyl | VYDATE | Insecticide, Nematicide | 1 pound | 100/10,000 pounds |
| Paraquat | GRAMOXONE | Herbicide | 1 pound | 10/10,00 pounds |
| Parathion | PARATHION | Insecticide | 1 pound | 100 pounds |
| Pentachlorophenol | PENTA | Wood preservative | 10 pounds | 10,000 pounds |
| Phorate | THIMET, AASTAR | Insecticide | 10 pounds | 10 pounds |
| Phosfolan | CYOLANE | Insecticide | 1 pound | 100/10,000 |
| Phosmet | IMADAN, PROLATE | Insecticide | 10 pounds | 10/10,000 pounds |
| Promecarb | CARBAMULT | Insecticide | 1 pound | 500/10,000 pounds |
| Sodium fluoroacetate | 1080 | Fungicide | 10 pounds | 10/10,000 pounds |
| Strychnine | STRYCHNINE | Fungicide | 10 pounds | 100/10,000 pounds |
| Sulfotep | DITHIO, BLADAFUM | Insecticide, Acaricide | 100 pounds | 500 pounds |
| Terbufos | COUNTER | Insecticide, Nematicide | 1 pound | 100 pounds |
| Trichlorfon | DYLOX | Insecticide | 100 pounds | 10,000 pounds |
| Warfarin | LIQUA-TOX, RODEX | Fungicide | 100 pounds | 500/10,000 pounds |
| Zinc phosphide | ZP | Fungicide | 100 pounds | 500 pounds |
*RQ = Reportable quantity (pounds) or the amount of an "Emergency Release" — a spill or dump of a listed Extremely Hazardous Substance at or above the reportable quantity in pounds.
**TPQ = Threshold planning quantity (pounds) i.e. 10/10,000. The lower quantity applies only if the solid exists in powdered form and has a particle size of less than 100 microns; or is handled in solution or in molten form; or meets the criteria from the National Fire Protection Association (NFPA) rating of 2, 3 or 4 for reactivity. If the solid does not meet any of these criteria, it is subject to the upper threshold planning quantities.
Remember these two important terms in connection with this law: "Threshold Planning Quantity (TPQ)" and "Reportable Quantity (RQ)." TPQs provide authorities with storage information; RQs provide spill information. These quantities are listed in pounds.
Storage Quantities (TPQ)
The "TPQ" Threshold Planning Quantity is the amount of substance(s) in pounds in your possession at any one time that is at or above the listed quantity of active ingredients. It triggers the EPCRA report. Once this amount or more is in your possession, it must be reported within 60 days. An annual Tier II report is to be made to each of the following:
- Local Fire Department
- Local Emergency Planning Committee (LEPC)
- Missouri Emergency Response Commission (MERC)
A list of Local Emergency Planning Committees is available from your MU Extension center.
Farms and small businesses are not exempt from these regulations.
You or someone at the facility is identified to work with the planning agencies. Businesses will need to provide Material Safety Data Sheets, (MSDSs) to the agencies listed above, upon request.
Then it is the responsibility of the notified agencies working with the businesses and people that store these chemicals to complete the emergency planning process.
Another part of EPCRA requires businesses with significant amounts of substances in storage during the year — 10,000 pounds or more of any material with an MSDS or 500 pounds or more of the "TPQ" of any "Extremely Hazardous Substance" — to provide annual Tier II reports. If you have any questions about Tier II reporting, contact the Missouri Department of Natural Resources for information, Tier II forms and instructions.
Spill Quantities (RQ)
"RQ," reportable quantity, refers to a spill or emergency release of one or more of the hazardous substances. The hazardous substances list has the RQ in pounds of active ingredient just as it does for the TPQ of each of the extremely hazardous substances. When a release occurs, it must be reported immediately.
Emergency notification
These requirements exist for Emergency Release Notification of a Reportable (Spilled) Quantity:
- Immediate notification of a release is required. Call 911 or the emergency operator to ensure an immediate response.
- Without significant delay, notify the Missouri Department of Natural Resources at 573-634-2436; your local emergency planning committee; the National Response Center at 800-424-8802; any other state(s) commission(s); and any other local committee(s) who are likely to be affected by the release.
- The notice required shall include the following, so long as no delay in notice or emergency response results.
- The name of all substance(s) involved in the release.
- The location of the release
- Indication of whether the release involved an "extremely hazardous" substance.
- Estimation of the quantity of all substance(s) released.
- Time and duration of the release.
- Media or medium into which the release occurred such as air, soil, surface water, groundwater or a combination of these media.
- Known or anticipated health risks and appropriate sources of medical advice and attention.
- Precautions to take as a result of the release such as evacuation of release area.
- The name(s) and telephone number(s) of the individual(s) and/or company(ies) to contact for further information.
- As soon as possible after a release requiring notice, such owner(s) or operator(s) shall provide a written follow-up emergency notice. The follow-up report must update the original notification and provide additional information on response actions taken, known or anticipated health risks, and, if appropriate, advice regarding any medical care needed by exposure victims.
Penalties
Civil penalties
Failure to provide EPCRA reports can result in penalties of up to $25,000 for each day for each violation. Also, anyone who fails to comply with the requirements of Emergency Release Notification is subject to civil penalties up to $25,000 for each violation. A continuing violation is subject to a civil penalty of $25,000 each day the violation continues. In the case of a second or subsequent violation, that person may be subject to civil penalties of up to $75,000 for each day the second violation continues.
Criminal penalties
Anyone who knowingly and willfully fails to comply with the Emergency Release Notification provisions of SARA/EPCRA shall upon conviction be fined not more than $25,000 or imprisoned for not more than two years — or both. In the case of a second or subsequent conviction, that person shall be fined not more than $50,000 or imprisoned for not more than five years — or both.
Failure to report an emergency release or spill may trigger legal action under SARA Title III. Failure to report a pesticide spill to avoid these regulations also would mean violating the Federal Insecticide Fungicide and Rodenticide Act (FIFRA).
Some related Occupational Safety and Health Administration (OSHA) regulations also may apply. These involve any business with employees. The business must keep a file of MSDSs on hand for employees.
Hazard marking regulations
As a further aid in recognizing hazards, the National Fire Protection Association (NFPA) 704 marking system is to be used to alert people to the type and degree of hazard within an area. A diamond-shaped sign with four smaller diamonds within the larger diamond is the 704 marker. The four smaller diamonds are color coded. Blue indicates a health hazard, red a flammability hazard, yellow a reactivity hazard, and white specifies hazards such as oxidizers, radioactivity, biological hazard, and/or water reactivity. A "0" to "4" scale judges the degree of hazard associated with blue, red, and yellow quadrants. The signs should be placed on buildings, rooms and containers where hazardous materials are kept.
Information on the Local Emergency Planning Committees and lists of the Extremely Hazardous Substances are available from the Missouri Emergency Response Commission, Department of Natural Resources, P.O. Box 3133, Jefferson City, Mo. 65102, 573-526-3901.
Hazards marking regulations
Figure 1
The National Fire Protection Association (NFPA) 704 Marker
- Red = Flammability
- Yellow = Reactivity
- Blue = Health hazards
- White = Specific hazards
The "W" with a bar through it (W) indicates the specific hazard of water reactivity. Other symbols can indicate oxidizers, radioactivity or biological hazards.
The numbers "0" to "4" indicate the degree of hazard associated with a quadrant. "0" is the lowest degree and indicates no hazard. "4" indicates an extreme hazard.