Has Anyone Seen SARA?

Sounds like a mystery, and to many it is! SARA is another one of those Washington acronyms. It refers to the Superfund Amendments and Reauthorization Act of 1986 (40CFR Parts 350, 355, 370, and 372). This act is sometimes referred to as SARA III or Title III. To many, it’s a paperwork nightmare! Fortunately the pest control industry’s involvement with this act is minimal, but there is potential for deeper and more disturbing requirements in the future.

THE PUBLIC’S RIGHT TO KNOW. SARA has often been referred to as the "Community Right-o-Know Act." In essence, the act requires that individual states set up local emergency response commissions and a network for keeping records of hazardous substances stored in local communities. The owners of these facilities are to provide state and local authorities - in addition to the public - much of the same information that employers provide employees under the OSHA Hazard Communication Standard ("Don’t let OSHA Become a Four-Letter Word, PCT, March 1991). As is usually the case with federal acts, SARA provides guidance and minimal requirements for the states, but stricter regulations can be enacted at the state level.

As stated previously, the requirements for the PCO are minimal under the federal law. Every PCO should be familiar with the procedure that their state has set up for their respective State Emergency Response Commission (SERC) and the Local Emergency Planning Committee (LEPC). Facilities that store, use or produce hazardous chemicals subject to OSHA regulations (this includes pesticides and other materials) are potentially subject to SARA regulations. The amount of material stored or used is critical to the requirements the PCO may have to meet. In addition, there is specific emergency release information that must be reported if a spill or other form of emergency release occurs.

In addition to the materials under OSHA jurisdiction, the EPA has listed more than 400 Extremely Hazardous Substances and the amounts that require reporting. The EPA established a Threshold Planning Quantity (TPQ) for each and expressed the TPQ in pounds of active ingredient (a.i.). The amounts are generally higher than the Reportable Quantity (RQ) amounts listed under RCRA or Department of Transportation (DOT) standards. Of all the chemicals on the list only methyl bromide could be stored by PCOs in the amount requiring reporting. The TPQ for methyl bromide is 1,000 pounds. This means that if 1,000 pounds of methyl bromide (a.i.) are stored in your facility at any time you have to notify the SERC and designate an emergency response coordinator to communicate with the LEPC. As of this writing, the other TPQs for hazardous substances are extremely high for pest control operations. Most TPQs would require thousands of pounds of product to be stored. However, the original act designated that the TPQs would be reduced to zero by October, 1989. Fortunately, appeals from other affected groups allowed the TPQs to remain where they were originally established. In the future though, there will probably be a reduction of these amounts. Also, do not forget, the states do not need to follow the federal guidelines. As a result, some already have established lower TPQs.

The emergency release notification requirements under SARA require that a release - most commonly a spill - of a Reportable Quantity (RQ) from a facility, including motor vehicles, must be reported by phone, radio or in person to the community emergency coordinator for the area the release occurred and the SERC. Written follow-up notices also must be filed. There are specific information requirements that must be part of the report, including a review of the hazard the chemical poses, medium into which it was released, health risks, etc. As stated, the most common release for PCOs would be a spill. This requirement should be incentive enough for you to increase your spill control training and driver safety programs.

Other requirements in SARA are similar to the OSHA Hazardous Communication standard. Under section 311 of SARA you must have a current MSDS for each hazardous substance on site and must submit these to the SERC, LEPC or local fire departments if you exceed the TPQ for the hazardous substance. Since PCOs have become aware of the MSDS requirement under OSHA and DOT, this requirement under SARA already has been addressed in most cases.

The purpose of SARA, as stated earlier, is to provide information to communities about the hazardous substances stored within the community and encourage a network of emergency plans in the event of a mishap. Unfortunately, this requires a lot of paperwork and coordination, and if past experience is any indication, this means the right hand doesn’t know what the left hand is doing. Many PCOs cannot find the SERC or LEPC, and when they approach their local fire department(s), they don’t know what they’re talking about. Does this mean that you can ignore these regs? Obviously the answer is NO. The penalty for failing to comply with Section 311 (MSDS reporting) is a civil penalty up to $10,000 per violation. Failure to report emergency release penalties can exceed $25,000, with risks of criminal penalties for repeat offenders.

ADDITIONAL REQUIREMENTS. Many PCOs may have heard of section 313 of SARA. This is the Toxic Chemical Release reporting requirement. This section applies only to the manufacturing sector of the industry and not to PCOs. However, some companies have been asked by customers to fill out needed paperwork for fumigant releases. It is up to the PCO if they wish to do this.

Because of the complex nature of these regs, they’re likely to raise additional questions for PCOs. For more information contact your regional EPA office or call the Emergency Planning and Community Right-to-Know hotline (800/535-0202) and request the publication, When All Else Fails! Enforcement of the Emergency Planning and Community Right-to-Know Act. Interested PCOs also can write: EPA, OS-120, 401 M St. S.W., Washington D.C. 20460. This free publication contains the list of all SERC telephone numbers.

THE FUTURE? So what’s the potential for more requirements in the years ahead? Remember that SARA is a Community Right-to-Know Act. In the future, state and local governments may have increased freedoms pertaining to these regulations. The legality of local municipalities superseding federal pesticide regulations is an issue that will be addressed by the Supreme Court this spring and summer. The outcome of this case will likely have long-range implications for the pest control industry.

 

Dr. George Rambo is president of George Rambo Consulting Services, Herndon, Va.