House of Representatives

HB 2127

hazardous chemicals; right-to-know

Sponsors: Representatives Landrum Taylor, Lopez L,

Chase and Norris

DPA	Committee on Environment
X	Committee on Retirement & Government Operations
	Caucus and COW
	Third Read
	As Passed the House

HB 2127 adds elements to the reporting requirements of Tier II under the Community Right to Know Act for hazardous chemicals, allows for electronic reporting of material safety data sheets (under the same act) and removes the Tier I reporting requirement.

Current Status

HB 2127 was amended in the Environment Committee.

History

EPCRA (Emergency Planning and Community Right-to-Know Act) was enacted by Congress as a stand-alone provision, Title III, of the Superfund Amendments and Reauthorization Act of 1986 (SARA). This law was designated to help local communities protect public health, safety, and the environment from chemical hazards. To implement EPCRA, Congress required each state to appoint a State Emergency Response Commission (SERC). Facilities must notify the local emergency planning districts regarding materials stored at and released from sites.

The Arizona Legislature created the Arizona Emergency Response Commission (AERC) in 1988 to implement EPCRA . EPCRA requires facilities that use or store specified amounts of hazardous materials to report chemical information to state and local authorities. The AERC is responsible for compiling this information and making it available to the public and government so they can use it to be aware of the potential for chemical emergencies. The AERC also helps local emergency planning committees to implement EPCRA at the local level.

Tier II reporting is a requirement under Section 312 of the Emergency Planning and Community Right-To-Know Act. The reports list the amounts and types of chemicals kept at facilities and are filed by businesses and other organizations. Tier II information is useful to emergency response personnel, such as firefighters, who need to know what types of chemicals they will be contending with when a fire or explosion occurs at a plant. The information also is useful to anyone wanting to know what chemicals are being stored and used in their community. Tier II reports contain basically the same information as Tier I reports, but under Tier II specific chemicals must be named.

Provisions

· An owner or operator must update or submit a revised list or material safety data sheet (MSDS) within 60 days of the discovery of significant new information concerning an aspect of a hazardous chemical or after a facility obtains a new hazardous chemical (current law has a 90 day requirement).

· A facility may submit MSDS for hazardous chemicals electronically.

· Tier I reporting is eliminated.

· Information that is included on the Tier II inventory form shall also contain:

- The facility’s latitude and longitude

- The North American industrial classification system code for the facility

- The fire department or district with jurisdiction for the facility and if the facility is on Indian lands.

- Emergency telephone contact numbers for the supervisory personnel at the facility.

- The toxic chemical release inventory number if applicable.

· The inventory form will be provided by the AERC and must be available in electronic and paper formats and contain at least the same information as the federal form.

· Facilities have the option of filing reports electronically at a designated AERC web site. Local emergency planning committees, fire departments and districts may accept electronic reporting. The AERC shall list on its web site the entities that agree to electronically report.

· The AERC and the facility shall maintain tracking information for confirmation purposes.

· With the exception of confidential storage information, information that is collected must be made available to the public.

HB 2127 was amended in the Environment Committee as follows:

· Eliminates the following from the Tier II inventory form:

- The latitude and longitude of the facility.

- The North American Industrial System code for the facility.

- The toxic chemical release inventory number.

· Eliminates the time change for an owner or operator to submit a revised list or material safety data sheet.

· Reverts to the federal requirements for the amounts of hazardous chemicals.

· Generalizes the emergency telephone contact numbers.

· Specifies the Tier II inventory form is provided by the AERC and requires the AERC to note which information is required by federal regulations which information is optional.

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45th Legislature

Second Regular Session 2 March 20, 2002

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