EPCRA - SARA TITLE III
Emergency Planning and Community Right-to-Know

Section 301 - Establishes State Emergency Response Commissions and Local Emergency Planning Committees.

Section 302 - Substances and facilities covered and notification: Owner or operator of a facility subject to these requirements shall notify the State Emergency Response Commission the facility is subject to the requirements of this Title. Within 60 days of a substance becoming present at the facility, the owner or operator of the facility shall notify the SERC and LEPC.

Section 303 - Comprehensive Emergency Response Plans: each LEPC must complete a plan not later than 1988.

The plan will include:

•Identification of facilities, methods and procedures followed by owners/operators and local emergency and medical personnel in response to a release;
•Designation of a community emergency coordinator;
•Procedures providing reliable, effective and timely notification a release has occurred;
•Description of emergency equipment and facilities; evacuation plans;
•Training programs, methods and schedules for exercises;
•Facilities which are responsible for providing information;
•Review of plans by the SERC; and
•Other information deemed appropriate.

Section 304 - Emergency Notification: Immediately after the release of a substance covered by this section, the facility must notify the LEPC’s designated emergency reporting number and the WV State Emergency Response Commission. This notifications is in addition to reporting requirements under other statutes. After a chemical release that is significant enough to require a notification, facilities shall provide a written follow-up notice.

Section 306 - Emergency Training and Review of Emergency Systems: Authorization to provide training and education programs for Federal, State, and local personnel in hazard mitigation; review of emergency systems for monitoring, detecting and preventing releases of extremely hazardous substances. Compile reports on status of technological capabilities, public emergency alert devises or systems, technical and economic feasibility of establishing, maintaining, and operating perimeter alert systems , make recommendations on improving devices/systems or new and improved technologies.

Section 311 - Material Safety Data Sheets (MSDS): Facilities required to comply with OSHA regulations must have available an MSDS and shall submit the MSDS or a list of chemicals to the LEPC, SERC and fire department with jurisdiction. Lists must include name of substance/common name, hazardous components, physical and health hazards.

Section 312 - Emergency and Hazardous Chemical Inventory Forms: Owner/operator required to submit MSDS must submit Tier II information on the appropriate forms to the LEPC, SERC and fire department with jurisdiction. Information is due annually by March 1 and upon the request of the local committees, facilities shall allow inspection by fire departments with jurisdiction.

Section 313 - Toxic Inventory Release Forms: Facilities with 10 or more employees subject to these requirements shall submit Form R annually by July 1 to EPA and to the WVSERC for each toxic chemical manufactured, processed or otherwise used in excess of the quantity established by USEPA.

Section 321 - Relationship to Other Law: Nothing in this title shall preempt any State or Local Law.

Section 322 - Trade Secret Information: Information may be withheld if the specific chemical identity is likely to cause substantial harm to the competitive position and the substance is not readily discoverable through reverse engineering.

Section 323 - Provision of Information to Health Professionals, Doctors and Nurses: Facilities subject to Sections 311, 312, 313 must provide specific chemical identity, upon written request from a health professional.

Section 324 - Public Availability of Plans, Data Sheets, Forms, and Followup notices: LEPC’s shall annually publish a notice in local newspapers that the emergency response plan, MSDS and inventory forms have been submitted and are available for viewing. Facilities may request the location of a specific chemical be withheld from disclosure.

Section 325 - Civil penalties for emergency planning; civil, administrative and criminal penalties for emergency notification; civil and administrative penalties for reporting requirements; civil, administrative and criminal penalties with respect to trade secrets; special enforcement provision for information required by health professionals.

Section 327 - Exemptions: Except as provide in Section 304 this Title does not apply to transportation.