House of Representatives

HB 2127

hazardous chemicals; right-to-know

Sponsors: Representatives Landrum Taylor, Lopez L,

Chase and Norris

 

DPA

Committee on Environment

DPA

Committee on Retirement & Government  Operations

DPA

Caucus and COW

DPA

Third Read

 

X

As Passed the House

HB 2127 adds an additional element 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 and removes the Tier I reporting requirement.

 

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

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

·          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.

·          The Tier II inventory form provided by the AERC must note which information is required by federal regulations which information is optional.

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

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·          45th Legislature                 

·          Second Regular Session      2          May 6, 2002

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