An Open Letter to Businesses Regarding Your Responsibilities Under EPCRA
Hazardous Chemical Storage Reporting Requirements (EPCRA Section 311/312, 40 CFR Part 370) â€“ Tier II and MSDS Submission
Currently, the Fairfax Joint LEPC requires Tier II submission in paper format with an original signature. MSDS submissions are only required in the first year of reporting, or when a chemical is added or changed from preceding years. EPCRA requires that Tier II forms be submitted annually by March 1st for the preceding year. For more information on filing Tier II Reports, please visit the Virginia DEQ website at https://www.deq.virginia.gov/land-waste/superfund-amendments-and-reauthorization-act-sara
Emergency Release Notification (EPCRA Section 304, 40 CFR 355)
Facilities must provide an emergency notification and a written follow-up notice to the Fairfax Joint LEPC if there is a release into the environment of a hazardous substance that is equal to or exceeds the minimum reportable quantity set in the regulations.
There are two types of chemicals that require reporting under this section:
1) Extremely Hazardous Substances (EHSs); and
2) Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) hazardous substances.
Both the EHSs and the CERCLA hazardous substances are found in the Title III Consolidated List of Lists – April 2022 Version
Initial notification can be made by telephone, radio, or in person. In addition, CERCLA spills must also be reported to the National Response Center at (800) 424-8802. Emergency notification requirements involving transportation incidents can be met by dialing 911.
The emergency notification must include: The chemical name;
An indication of whether the substance is extremely hazardous;
An estimate of the quantity released into the environment;
The time and duration of the release;
Whether the release occurred into air, water, and/or land;
Any known or anticipated acute or chronic health risks associated with the emergency, and where necessary advice regarding medical attention for exposed individuals;
Proper precautions, such as evacuation or sheltering in place; and,
Name and telephone number of contact person.
A written follow-up notice must be submitted to the Fairfax Joint LEPC as soon as practicable after the release. The follow-up notice must update information included in the initial notice and provide information on actual response actions taken and advice regarding medical attention necessary for citizens exposed. For further information, see 40 CFR Part 355, or the EPCRA Section 304
You can find FAQs on EPCRA posted by the EPA here: Emergency Planning and Community Right-to-know Act (EPCRA)
The Virginia DEQ Petroleum Program regulates underground tanks at gasoline stations and bulk fuel storage locations, as well as investigates and manages petroleum spills/leaks from regulated and unregulated (such as home heating oil) tanks. For more information on this program, check out VA DEQ underground tanks or call the regional DEQ office at 703-583-3800.