Understanding SARA Title III

WHAT IS SARA TITLE III?

The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the original Superfund act, was passed by Congress in 1980 to clean up the nation's hazardous waste sites. In response to continuing community concern about hazardous materials and chemical release tragedies such as the incident in Bohpal, India, a reauthorization and expansion of Superfund was signed into law October 17, 1986. It is known as the Superfund Amendments and Reauthorization Act (SARA). Title III of SARA created a new nationwide program known as the Emergency Planning and Community Right-to-Know Act (EPCRA).

WHAT IS THE PURPOSE OF SARA TITLE III?

The law was designed to improve local hazardous materials emergency response capabilities and provide the public with information about hazardous and toxic chemicals in their community.

SARA Title III:


SARA Title III is divided into the following sections:

WHAT ARE THE STATE AND COMMUNITY RESPONSIBILITES UNDER SARA TITLE III?

The governor appoints a State Emergency Response Commission (SERC). The SERC then appoints and coordinates Local Emergency Planning Committees (LEPCs). LEPCs are established in every county. The LEPC is made up of volunteers from your community who are working to protect the health and welfare of the local public. These committees are responsible for developing a comprehensive hazardous materials emergency response plan for all facilities and farms that need one. The plan should identify the facility, emergency response and notification procedures, training programs and evacuation plans.

WHAT ARE YOUR RESPONSIBILITIES UNDER SARA TITLE III?

SARA Title III requires you, the farmer, to do three things:

  1. Report stored chemicals. You must report to the State Emergency Response Commission (SERC - DNR) and the Local Emergency Planning Committee (LEPC) the fact that you have on site certain substances, called Extremely Hazardous Substances (EHS), many of which are pesticides. (See Table 1. If you cannot find the pesticides you use on this list, contact your LEPC.) Each chemical has a Threshold Planning Quantity (TPQ). If you have this chemical at or above this quantity, you must report. This requirement is in effect even if you have the chemical on site for only a few hours. After reporting, your farm site will appear on the Emergency Planning and Facility Notification list (Section 302) if SARA Title III applies to your farm.

  2. Provide information to the LEPC. Once you report the fact that you have Extremely Hazardous Substances (EHS), the Local Emergency Planning Committee (LEPC) is required to develop an off-site emergency response plan for your farm. This plan helps protect the community if you have a spill, fire or release. You must help them to do this by providing the information on pages 5, 6, 7 and 8 of Extension Bulletin #E-2575. The planning is intended to be a cooperative effort, with a plan developed that will be useful to you and to the emergency responders. If requested, the LEPC will give you a copy of the finished plan. It will provide good information for you to use in case of emergency. It will also provide information on what the community responders will do and how your neighbors will be protected.

  3. Report spills. Whether or not you are required to report to the LEPC and SERC for Threshold Planning Quantities, if you have a spill or release at or above the Reportable Quantity (RQ), you are required to notify federal, state and local authorities. RQs are listed in Table 1 and Table 2. The Emergency Notification Form from Extension Bulletin #E-2575 will give you more information on what needs to be reported. NOTE: Routine agricultural application of pesticides, fertilizers and anhydrous ammonia are not considered spills or releases.

WHAT MUST YOU DO TO COMPLY WITH SARA TITLE III?

a. Planning Notification

  1. Determine whether you are covered by SARA Title III. Use the postcards provided within Extension Bulletin #E-2575 to notify the State Emergency Response Commission (SERC) and your Local Emergency Planning Committee (LEPC).

  2. Fill out pages 5,6,7 and 8 of Extension Bulletin #E-2575 if you have or will have any of the chemicals at or above the Threshold Planning Quantity (TPQ) included on the list of Extremely Hazardous Substances (EHS) Table 1.

  3. Send pages 5,6,7 and 8 of Extension Bulletin #E-2575 to your Local Emergency Planning Committee (LEPC). Keep a copy for your reference.

  4. Determine the name and telephone number for your LEPC and insert on page 14 of Extension Bulletin #E-2575 under LEPC emergency coordinator.

b. Chemical release notification

Immediate and follow-up reporting of spills or releases is required when the product is a Hazardous Substance (HS) or an Extremely Hazardous Substance (EHS) and the spill or release is at or above the Reportable Quantity (RQ). See Table 1 and Table 2 for Reportable Quantity (RQ) amounts.

1. Report spills or releases immediately to:

The Emergency Notification Form of Extension Bulletin #E-2575 lists the information that will be required when you call.

2. A written follow-up report is also required to be submitted to the Local Emergency Planning Committee (LEPC) and the State Emergency Response Commission (SERC). Fill out the Emergency Notification Form completely and send a copy to the LEPC and the SERC.

Return to SARA Title III Table of Contents Page

Back to the Ingham County Pamphlet List Page

 Back to LEPC homepage