Three information dissemination requirements discussed in other brochures regarding the "Superfund Amendments and Reauthorization Act of 1986" (SARA), Title III, include: listing and designating threshold planning and reporting quantities of hazardous substances (see "The SERC"); making local information available to the public (see "The LEPC"); and incident notification (see "Notification of Substance Release"). Discussion of four remaining information dissemination requirements: material safety data sheets, inventory reporting, toxic chemical emissions reporting and providing information to health professionals, follows.
Provisions of the Occupational Safety and Health Act (OSHA) of 1970 and the Hazard Communication Standard (29 CFR 1910.120) require employers to provide material safety data sheets (MSDS's) to employees who work with hazardous substances. Kansas statute, (K.S.A. 65- 5705) clarifying provisions of Section 311 of SARA, requires an employer who meets the definition of a "facility" to develop a list of the hazardous substances for which MSDS's are provided to employees and submit the list to the respective Local Emergency Planning Committee (LEPC), the State Emergency Response Commission (SERC), and the local fire departments(s). The list should be provided not later than three months after new or additional information becomes available, the facility owner and /or operator is also required to submit updates or revisions of the list to each of the organizations identified above.
Each facility required by Section 311 to submit a list of hazardous substances must also comply with Section 312 which requires submittal of an annual inventory report for hazardous substances handled, used or stored at the facility .The form, "Kansas EPCRA TIER II Emergency and Hazardous Chemical Inventory," has been developed to facilitate submittal of the annual facility inventory report. Provisions of K.S.A. 65-5707 and Kansas Administrative Regulations (K.A.R.) 28- 65-1 through 28-65-4 specify requirements for preparation and submittal of the report and establish an inventory fee schedule.
Not later than March 1 of each year the completed inventory (TIER II) report is to be submitted to: Kansas State Emergency Response Commission, 1000 SW Jackson, Suite 310, Topeka, Kansas 66612-1366. A copy of the inventory report must also be submitted to (a) the LEPC for the county in which the facility is located; and (b ) the fire fighting organization(s) responsible for responding to a call from the facility. Information regarding the reporting process, instructions, or blank forms may be requested by writing to the above address or calling (785) 296-1688, 296-1689, or 296-1691.
Section 313 of the federal law requires an annual report of toxic chemical releases to air, water or soil. The report must be prepared and submitted by the owner/operator of any facility which: (a) is identified within Standard Industrial Classification Codes 20 through 39: (b) employs 10 or more full-time employees; and (c) manufactures, processes, imports or uses a listed toxic chemical in a quantity which exceeds the threshold amount specified by the Administrator of the U.S. Environmental Protection Agency (EPA). The EPA "Form R" has been developed to facilitate submittal of the annual toxic chemical release report.
Not later than July 1 of each year, the completed report is to be submitted to: EPCRA Reporting Center, Attn: Toxic Release Inventory, P.O. Box 3348, Merrifield, Virginia 22116- 3348. A copy of the toxic chemical release report (Form R) must also be submitted to the SERC at the address presented in the column to the left. In addition to providing information to federal and state government, the report shall be available, consistent with Section 324(a) of the federal law, to the general public.
Information regarding the reporting process, instructions or blank forms may be requested by writing to the above address or calling the EPA Hotline, 1-800-535-0202.
Conditions and requirements related to dissemination of information to health care professionals, doctors and nurses are specified in Section 323 of the federal law. The owner/operator of a facility subject to requirements of Sections 311, 312 or 313 of the federal law is required to provide information requested by health professionals involved in: (a) diagnosis or treatment; (b) medical emergency, or; (c) preventive measure procedures for individuals involved in an unplanned or accidental release of a hazardous substance.
