Does Your Business use Toxic Chemicals?

IT’S THE LAW

In 1986, a federal law known as the “Emergency Planning and Community Right-To-Know-Act (or EPCRA) was passed by the U.S. Congress to protect the public and our environment from the accidental release of toxic chemicals into our air, land and water. The State of Texas passed a more stringent “Texas Community Right To Know Act” in 1994.

 

These laws not only regulate large petrochemical plants but also apply to any small business that produces, stores or ships chemical products or hazardous substances, such as:

 

  •       auto repair shops that use degreasers, paints and solvents
  •       dry cleaners that use dry cleaning fluids and solvents
  •       farms and ranches that use fertilizers, herbicides and insecticides
  •       service stations that sell gasoline, oil and other products
  •       stores that sell paints, pesticides and swimming pool supplies

 These are only a few examples of the 1.5 million businesses nationwide and 500,000 different chemicals that the Environmental Protection Agency estimates may be regulated under EPCRA. Depending on the chemicals involved, any business with an inventory over 55 gallons (or 100 pounds) of a listed chemical at any one time may be subject to EPCRA requirements. To find out if the chemicals used at your business are listed under EPCRA, call the Texas Department of State Health Services Hazard Communications Branch at 800-452-2791 or (512) 834-6603.

 

STATE AND FEDERAL REQUIREMENTS

1.    The business owner or operator must notify the Texas Department of Health in writing that the business may be subject to EPCRA requirements.  Call the Texas Department of Health at 800-452-2791 to obtain a sample copy of this notification letter. Call the City of Deer Park’s Fire Marshal at 281-478-7291 to schedule a fire and chemical safety inspection.

2.     The business owner or operator must provide a company representative who will participate in the Local Emergency Planning Committee to help coordinate emergency response plans for your business and the community. Call the Deer Park LEPC Secretary at 281-478-7247 for more information about becoming a LEPC member. The LEPC meets at Deer Park City Hall from 11:00 a.m. to 12:00 noon on the fourth Tuesday of each month except July and December.

3.    The business owner or operator must file a detailed chemical inventory report (called a “Texas Tier Two Report” before March 1st of each year to the local fire department, Local Emergency Planning Committee, and the Texas Department of State Health Services. Call the Texas Department of State Health Services at 800-452-2791 to receive copies of the Texas Tier Two reporting forms and fee schedule.

 IF YOUR BUSINESS HAS A CHEMICAL RELEASE

If you have a spill or accidental release of as little as one pound of certain chemicals, you must immediately notify 9-1-1.

The police or fire dispatcher will ask you several questions to determine the danger to the community and the emergency assistance required. Call the City of Deer Park’s Director of Emergency Services at 281-478-7298 to request a free copy of the Chemical Release Notification Form so you’ll be better prepared to answer those questions.

Besides notifying 9-1-1, you must also notify the State Emergency Response Commission through its Environmental Hotline at 800-832-8224 and the National Response Center at 800-424-8802. Failure to quickly notify all three local, state and federal agencies of your chemical release could subject you to both civil and criminal prosecution.

Under state law, some businesses may be subject to additional reporting requirements of the Texas Natural Resource Conservation Commission, the Texas General Land Office or the Texas Railroad Commission.

Businesses that ship chemicals or hazardous substances by truck or railcar are required to label the vehicle with diamond-shaped placards approved by the Department of Transportation.  Call the Texas Department of Public Safety at 512-424-4740 for placard requirements and state laws governing highway transportation of hazardous materials.

FOR MORE INFORMATION

about LEPC requirements:                

Director of Emergency Services

City of Deer Park, PO Box 700, Deer Park, TX 77536                                                                 

281-478-7298 - www.deerparktx.gov

 

about Tier Two Reports:                    

Texas Department of State Health Services                                                                                                                 1100 West 49th Street, Austin, TX 78756

800-452-2791 - www.dshs.state.tx.us


about other state laws:

Texas Natural Resource Conservation Commission                                                                                                         Small Business Local Government Assistance
Box 13087, Austin, TX 78711

800-447-2827 or 713-767-3549 (Houston)                                                                                          


Texas Commission on Environmental Quality Website 

                                                    

This information is provided by the Deer Park Local Emergency Planning Committee as a free public service.