Section 28 000 002 - E.P.A. SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT, TITLE III, EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW PROGRAMSection One Purpose These rules set forth the procedures for hazardous chemical/substance identification, employer reporting, public disclosure of grants in Vermont as provided for in 20 VSA, Chapter 1, and Public Law 99-499, 42 USC 9601 "Superfund Amendments and Reauthorization Act of 1986, Title III Emergency Planning and Community Right to Know."
These rules are intended to implement a reporting system which will satisfy the requirements of laws specified above. Pesticides will be reported separately to the Vermont Department of Agriculture, Food, and Markets. These rules are implemented pursuant to 20 VSA Section 31.
Section Two Scope 2.1 These rules apply to all Employers and facilities that are required to prepare or have available Materials Safety Data Sheets (MSDS) for hazardous chemicals/substances under Federal Occupational Safety and Health Administration (OSHA) or Vermont Occupational Safety and Health Administration (VOSHA) regulation 29 R 1200, or have Petroleum Products, and fuels in excess of 10,000 pounds.2.2 These rules also apply to state and local governments or any agency, department or instrumentality thereof.2.3 Exemption - These rules do not apply to the Vermont National Guard. Section Three Definitions 3.1(a) Commissioner - unless otherwise specified, the Vermont Commissioner of Public Safety, or designee.(b) Department - unless otherwise specified, the Vermont Department of Public Safety.(c) Extremely hazardous substance - means any substance listed in the appendices to 40 R Part 355.(d) Explosive - Any chemical that causes a sudden, almost instantaneous release of pressure, gas, and heat when subjected to sudden shock, pressure, or high temperature.(e) Facility - means all buildings, equipment, structures, and other stationary items that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person (or by any person which controls, is controlled by, or under common control with, such person). For purposes of emergency release notification, the term includes motor vehicles, rolling stock, and aircraft.(f) Hazard Category - means any of the following: (1) Immediate (acute) health hazard including "highly toxic," "toxic," "irritant," "sensitizer," "corrosive," (as defined under 1910.120 of Title 29 of the Code of Federal Regulations) and other hazardous chemicals that cause an adverse effect to a target organ and which effect usually occurs rapidly as a result of short term exposure and is of short duration;(2) Delayed (chronic) health hazard, including carcinogens (as defined under 1910.1200 of Title 29 of the Code of Federal Regulation) and other hazardous chemicals that cause an adverse effect to a target organ and which effect generally occurs as a result of long term exposure and is of long duration;(3) Fire hazard, including "flammable," "combustible liquid," "pyrophoric," and "oxidizer" (as defined under 1910.1200 of Title 29 of the Code of Federal Regulations).(4) Sudden release of pressure, including "explosive" and "compressed gas" (as defined under 1910.1200 of Title 29 Code of Federal Regulations);(5) Reactive, including "unstable reactive," "organic peroxide," and "water reactive" (as defined under 1910.1200 of Title 29 of the Code of Federal Regulations).(g) Hazardous chemical/substance - means any chemical/substance, including pesticides, which is a physical hazard or health hazard, except that such terms does not include the following substances. (1) Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration.(2) Any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use.(3) Any substance to the extent it is used for personal, family, or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public.(4) Any substance to the extent it is used in routine agricultural operations by private applicators (farmers). Commercial applicators and/or dealers are not exempted from the reporting requirements of these rules.(h) Health hazards - means a chemical for which there is statistically significant evidence based on at least one study conducted in accordance with established scientific principles that acute or chronic health effects may occur in exposed individuals. The term "health hazard" includes chemicals which are carcinogens, toxic or highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic system, and agents which damage the lungs, skin, eyes, or mucous membranes.(i) Inventory form - The Tier Two Emergency and Hazardous Chemical Inventory form or Tier Two Pesticide Inventory form or other form specified by the Department.(j) Material Safety Data Sheet or MSDS - the document required to be developed under 1910.1200(g) of Title 29 of the Code of Federal Regulations.(k) Physical Hazard - means a chemical/substance for which there is scientifically valid evidence that it is a combustible liquid, a compressed gas, explosive, flammable, an organic peroxide, an oxidizer, pyrophoric, unstable (reactive) or water-reactive.(l) Pesticide - means materials as defined in 6 VSA Section 1101(6).(m) Petroleum products, and fuels - means gasoline; kerosene; number two heating oil; diesel fuel; kerosene base jet fuel; number four, five, and six residual oil for utility or non-utility use; liquefied petroleum gas; compressed natural gas.(n) Regional Emergency Response Commission - the commission created by 20 VSA Section 33 to assist existing emergency management response efforts.(o) Research laboratory - a workplace or work area of a workplace used primarily for research, development, non-routine testing or experimentation activity in which hazardous chemicals are used. Provided, however, that a research laboratory shall not be involved in the production or manufacture of goods for direct commercial sale.(p) Significant change in the information previously provided - Modifications which alter physical or health hazards sufficiently to require changes in emergency response plans or actions.(q) State Emergency Response Commission (SERC) - The commission created by 20 VSA Section 30 to carry out the requirements of Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA). (r)Threshold Planning Quantity - the quantities of extremely hazardous substances listed in the appendices of 40 R 355. Section Four Hazard Determination 4.1 All chemicals/substances for which a Material Safety Data Sheet must be prepared or maintained under VOSHA or OSHA regulation 1910.1200 "Hazard Communication" are hereby designated as hazardous chemicals/substances for purposes of these rules. Section Five Employer Facility Reporting Requirements 5.1 Annually, employers and owners or operators of a facility shall report the presence of hazardous chemicals/substances in each facility or workplace as specified in Table I. Reports for periods covering January 1 through December 31 of each year shall be filed on or before March 1 of the following year. Previous reports filed pursuant to "Community Right to Know" regulations, effective March 1, 1987, DO NOT satisfy these reporting requirements.
5.2 Reports shall be filed on forms specified by the Department. All reports filed concerning pesticides shall be on forms specified by the Vermont Department of Agriculture, Food, and Markets.5.3 Material Safety Data Sheets (MSDS) shall be submitted for each hazardous chemical/substance for which reporting is required. Submission of a MSDS may be waived by the Department or, for pesticides, by the Vermont Department of Agriculture, Food and Markets. In lieu of submitting a MSDS, the following may be submitted: (a) A list of hazardous chemicals/substances for which an MSDS is required, grouped by hazard category as defined in section 3.1(f) of these rules; and(b) The chemical or common name of each hazardous chemical/substance; and(c) Any hazardous component of each such chemical as provided on the material safety data sheet.5.4 Inventory forms and MSDS (or list authorized pursuant to section 5.3 of these rules) shall be submitted to the Department (acting for SERC); or for pesticides the Vermont Department of Agriculture, Food, and Markets; the Local Emergency Planning Committee; and the local fire department having jurisdiction over the workplace or the facility. To insure optimum information flow and availability, SERC may temporarily receive information on behalf of any LEPC and redistribute such information or summaries to any LEPC. The addresses and telephone numbers of the filing locations are shown in section 8 of these rules.
5.5 Supplemental Reporting (a) The employer or facility who has submitted MSDS under section 5.3 shall provide revised MSDS to the organizations specified in section 5.4 within 3 months after discovery of significant new information concerning the hazardous chemical for which the MSDS was submitted.(b) Within 30 days of a request by the Department, Vermont Department of Agriculture, Food, and Markets, State Emergency Response Commission, Local Emergency Planning Committee, or the fire department having jurisdiction over the facility or workplace, the employer shall submit MSDS for any hazardous chemical/substance present at a facility regardless of quantity5.6 Research Laboratories (a) Facilities having multiple research laboratories shall file a separate reporting form for each building containing a research laboratory.5.7 Emergency Notice (a) Release of any hazardous materials/substances requiring notification under section 304 of Title III of the Superfund Amendment and Reauthorization Act of 1986 shall be given immediately after the release by the owner or operator of a facility (by such means as telephone, radio, or in person) to the Local Emergency Planning Committees for any area likely to be affected by the release and to the State Emergency Planning Commission of any State likely to be affected by the release. With respect to transportation of a substance subject to the requirements of section 304 or storage incident to such transportation, the notice requirements of this section with respect to a release shall be satisfied by telephoning Vermont Emergency Response Management at (800) 641-5005, and the local response organization, by dialing 911 or, in the absence of a 911 emergency telephone number, calling the operator.
Notice shall include each of the following (to the extent known at the time of the notice and so long as no delay in responding to the emergency results):
(1) The chemical name or identity of any substance involved in the release.(2) An indication of whether the substance is on the list referred to in section 302(a) of SARA.(3) An estimate of the quantity of any such substance that was released into the environment.(4) The time and duration of the release.(5) The medium or media into which the release occurred.(6) Any known or anticipated acute or chronic health risks associated with the emergency and, where appropriate, advice regarding medical attention necessary for exposed individuals.(7) Proper precautions to take as a result of the release, including evacuation (unless such information is readily available to the community emergency coordinator pursuant to the emergency plan).(8) The name and telephone number of the person or persons to be contacted for further information.(b) Follow-up Emergency Notice: As soon as practicable, but not more than seven calendar days after such a release, the owner or employer shall provide a written emergency notice (or notices, as more information becomes available) to the SERC through the Department or for pesticides the Department of Agriculture, Food and Markets, setting forth and updating the information required under Section 304, subsection (b), and including additional information with respect to:
(1) actions taken to respond to and contain the release, (2) any known or anticipated acute or chronic health risks associated with the release, and (3) where appropriate, advice regarding medical attention necessary for exposed individuals. Section Six Fees 6.1 Beginning January 1, 1991 every facility or employer filing a report pursuant to the requirements of these rules shall pay a fee for each reported hazardous chemical or substance in accordance with the schedule set out in Table II. Fees are due and shall be paid at the time of reporting. Where the container and the hazardous chemical or substance are separately owned, the owner of the hazardous chemical or substance shall be responsible for the fee.
6.2 The following are exempted from paying fees but shall comply with all applicable reporting requirements of this chapter: (1) Municipalities and other political subdivisions.(3) Persons engaged in farming as defined in 10 VSA 6001.(4) No person shall be required to pay a fee for a chemical or substance which has been determined to be an economic poison as defined in section 911 of Title 6 or for a fertilizer or agricultural lime as defined in section 363 of Title 6 and for which a registration or tonnage fee has been paid to the Department of Agriculture, Food and Markets pursuant to chapter 28 or 81 of Title 6.(5) Non profit corporations6.3 The fees shall be paid to the "Vermont Commissioner of Public Safety, Hazardous Substance Fund." Fees shall be paid by check or money order. All Fees shall be deposited into the Hazardous Substance Fund established by 20 VSA Section 38(b). Section Seven Reporting Locations and Public Access to Information 7.1 Reporting forms and requests for information concerning data gathered by the Department shall be directed to: Vermont Emergency Management
Community Right to Know
103 S. Main Street
Waterbury, Vermont 05671
Pesticide reporting forms and requests for information concerning pesticide data gathered by the Vermont Department of Agriculture, Food, and Markets shall be directed to:
Vermont Department of Agriculture, Food and Markets
Plant Industry Section
116 State Street
Drawer 20
Montpelier, Vermont 05620-2901
(802) 828-2431
Alternatively, informational requests may be directed to any Local Emergency Planning Committee.
7.2 Emergency Response Plans, Material Safety Data Sheets, Inventory Forms, Toxic Chemical Release Forms and Follow-up Emergency Notices shall, with the exception of information containing trade secrets as defined by Sec. 322 of Title III, SARA, be available to the general public. Information shall be available for public inspection during the Department's and the Department of Agriculture, Food and Markets' normal business hours and shall be provided for the cost of copying, printing, postage, and handling. Upon request of an owner or operator of a facility, the Department and the Department of Agriculture, Food and Markets shall withhold from public disclosure the exact location of any specific chemical required to be listed on an inventory reporting form.
7.3 The State Emergency Response Commission shall annually publish a notice in newspapers of general circulation throughout the state that the Emergency Response Plan, Materials Safety Data Sheets, and Inventory Forms have been submitted to the Department and the Department of Agriculture, Food and Markets. The notice shall state that follow-up emergency notices may subsequently be issued. Such notice shall state that members of the public who wish to review any such plan, sheet, form, or follow-up notice, may do so at a location designated by the Department or the Department of Agriculture, Food and Markets. Section Eight Enforcement, Penalties, and Appeals 8.1 Enforcement (a) The Department, a Local Emergency Planning Committee, the State Emergency Response Commission, and its agents, and in the case of pesticides, the Vermont Department of Agriculture, Foods, and Markets, shall have authority to enter upon and inspect the premises and records of any employer and facility at reasonable times in order to ensure compliance with these rules.(b) Upon notification to an employer or operator of a facility or a workplace subject to these rules, by the fire department with jurisdiction over the facility, the fire department shall be allowed to conduct an on-site inspection of the facility.(c) A person who violates any provision of Title 20, Chap. 1, or a rule adopted under this chapter shall be fined not more than $ 1,000 for each violation. Each day a violation continues shall be deemed to be a separate violation.8.2 General (a) Reference is made to the latest EPA rule, 40 R 370, "Emergency Hazardous Chemical Inventory Forms and Community Right to Know Reporting Requirements; Final Rule." This document shall be used to provide guidance for procedural details not included in these rules.Section Nine Disbursements and Grants9.1 Disbursements The Commissioner of Public Safety, with the approval of the State Emergency Response Commission, may spend monies from the Hazardous Chemical and Substance Emergency Fund, reasonably necessary to implement and administer the requirements of Title III of Superfund Amendments and Reauthorization Act of 1986 (SARA) and 20 V.S.A. Secs. 30-32, 38. Such costs may include:
- Employment of personnel to manage and coordinate data.
- Implementation of site visits.
- Informational mailing.
- Establishment of and providing training program and personnel.
- Data processing.
- mailing.
- Purchase or rental of equipment.
- Auditing Expenses.
- Employment of Personnel for Administrative Assistance to the SERC.
- Chemical Emergency Planning Activities.
- Accident Prevention Programs.
- Technical Assistance.
- Outreach Activities.
9.2 Grants to Local Emergency Planning Districts (a) Each local Emergency Planning District shall receive an annual grant of $ 1,500.(b) Disbursement of the annual grant to each local Emergency Planning District shall be contingent upon adequate funds or anticipated funds in the Hazardous Chemical and Substance Emergency Response Fund.(c) Initial grants to local Emergency Planning Districts need not be of equal amounts. In determining the size of initial grants, the Commissioner of Public Safety and the State Emergency Response Commission shall consider the money available in the fund, anticipated funds, the amount of other pending or anticipated requests from local Emergency Planning Districts and the merits of the request itself.(d) Local Emergency Planning Committees shall file an application for a portion or all of the annual grant of $ 1,500. The application shall state a request for a specific amount of money and a budget indicating how the grant shall be spent. The proposal should indicate how the proposed spending will further the Local Emergency Planning Committee's long term goals and how the proposal coincides with the Local Emergency Planning Committee's evaluation, conducted pursuant to Sec. 303(b) of Title III, (SARA) of the need for resources necessary to develop, implement, and exercise the emergency plan.(e) Grants may be awarded for all costs reasonably necessary to implement and administer those duties imposed upon Local Emergency Planning Committees by 20 V.S.A. Sec. 32. Costs may include: - employment of personnel;
- training cost;
- equipment;
- data processing;
- mailing;
- office space; and
- cost of complying with auditing or reporting requirements mandated by the State Emergency Response Commission.
- Chemical Emergency Planning Activities.
- Accident Prevention Programs.
- Technical Assistance.
- Outreach Activities.
(f) The commissioner of Public Safety with the approval of the State Emergency Response Committee shall approve in total, approve in part, or request resubmission of grant applications with modifications.(g) Prior to actually receiving the money provided by the grant, each Local Emergency Planning Committee must be incorporated or must affiliate itself with a city, town, fire district, incorporated village, or other incorporated entity. Such entity must agree to receive, hold, and disburse the grant monies, and document such transactions according to generally accepted accounting principles. The financial records of the Local Emergency Planning Committee and any affiliated, incorporated entity shall be considered public records and shall be provided to the Commissioner of Public Safety or the State Emergency Response Commission upon request. All such records must be maintained for a minimum of five years.9.3 Additional Grants (a) After disbursement of the annual grant amounts to each Local Emergency Planning District or upon a determination that sufficient funds exist or are anticipated to meet the requirements of the annual grant amounts, additional grants may be made by the Commissioner of Public Safety, with the approval of the State Emergency Response Commission to any local emergency planning commission or regional emergency response commission as well as to any political subdivisions including any city, town, fire district, incorporated village, and other incorporated entities in the state.(b) Grants made pursuant to this section shall be matched by the local government in the amount of twenty-five (25) percent of the grant unless waived by the State Emergency Response Commission. The match may be by contribution or by privately furnished funds or by inkind services, space or equipment which would otherwise be purchased by the Committee. Applications shall be submitted for a specific amount of money and a budget indicating how the grant shall be spent. The proposal shall address those factors outlined in Section 9.3(c).(c) The Commissioner of Public Safety and the State Emergency Response Commission shall consider the comments and evaluations from the appropriate Local Emergency Planning Committee as to the merits of the proposal. They shall also consider how the proposal coincides with the Local Emergency Planning Committee's evaluation, conducted pursuant to Section 303(b) of Title III, (SARA) of the need for resources necessary to develop, implement, and exercise the emergency plan. Emphasis shall be placed upon high-risk localities and proposals which facilitate coordination of emergency response services within planning districts.(d) Grants may be awarded for costs reasonably necessary to establish and implement hazardous chemical and substance emergency response services. Costs may include: - employment of personnel
- training costs
- equipment
- data processing
- mailing
- office space
- costs of complying with auditing or reporting requirements mandated by the State Emergency Response Commission.
- Chemical Emergency Planning Activities.
- Accident Prevention Programs.
- Technical Assistance.
- Outreach Activities.
(e) The grantee must agree to receive, hold, and disburse the grant monies, and document such transactions according to generally accepted accounting principles. The financial records of the grantee shall be considered public records and shall be provided to the Commissioner of Public Safety or the State Emergency Response Commission upon request. All such records must be maintained for a minimum of five years.9.4 Reorganization of Additional Local Emergency Planning Committees/Districts (a) If existing Local Emergency Planning Districts are reorganized and result in additional or fewer districts than presently exist, the State Emergency Response Commission shall determine whether the new districts shall qualify for all or part of the minimum grants in Section 9.2(a).(b) In determining the amount of the minimum grant, if any, to be apportioned to a new district, the State Emergency Response Commission shall consider the amount of grants previously made to those areas comprising the new district, the benefits received by those areas from any such grants, and the existing needs of the newly created district.9.5 Review and Audits of Grants (a) The Commissioner of Public Safety and the State Emergency Response Commission may require, as a condition of a grant, that a grantee prepare or have prepared a periodic report, summary or audit of the expenditures made pursuant to the grant. The costs of complying with such a condition may be provided for in the grant. Section Ten Trade Secrets 10.1 Requests for trade secret confidentiality status must meet the requirements of Public Law 99-499 SARA Title III, Sec. 322, Trade Secrets. TABLE I REPORTING REQUIREMENTS AND QUANTITIES
FACILITY | EXTREMELY HAZARDOUS SUBSTANCES ( 40 CFR 355, Sec. 302 & 304) and ALL OTHER HAZARDOUS CHEMICALS/SUBSTANCES ( Sec 3.1g) and PESTICIDES | PETROLEUM PRODUCTS AND FUELS |
All facilities handling or storing hazardous chemicals/substances for which an MSDS is required under VOSHA/OSHA Regulations Research Laboratories | 100 pounds or the Threshold Planning Quantity (TPQ);whichever is lower | 10,000 pounds or greater |
10 pounds or greater-aggregate of all extremely hazardous substances | 10,000 pounds or greater |
.... |
100 pounds or grater aggregate of all hazardous chemicals/substances |
FACILITY | KNOWN HUMAN CARCINOGENS | EXPLOSIVES |
All facilities handling or storing hazardous chemicals/substances for which an MSDS is required under VOSHA/OSHA Regulations Research Laboratories | Any amount as defined in VOSHA Regulation 1910.1200(d) | Any amount requiring license by VT Dept. of Public Safety |
Any amount as defined in VOSHA Regulation 1910.1200(d) | Any amount requiring license by VT Dept. of Public Safety |
TABLE II REPORTING FEES
Quantity Reported * (Pounds) | Fee |
100 - 999 | $ 25 |
1,000 - 9999 | $ 40 |
10,000 - 99,999 | $ 60 |
100,000 - 999,999 | $ 200 |
Greater than 999,999 | $ 500 |
Any Extremely Hazardous Substance | $ 100 additional for each reportable quantity |
* "Quantity Reported" is the "Maximum Daily Amount" of the Inventory section of the reporting form. Statutory Authority: 20 V.S.A. C.1, § 39(b)
28-002 Code Vt. R. 28-000-002-X
Effective Date: October 14, 1991
AMENDED: December 30, 1994 (Secretary of State Rule Log # 94-55);
October 9, 1995 (Secretary of State Rule Log # 95-64)