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Introduction Letter

Chemicals can be found every where in our community, in our industry, our businesses, and in our homes. The focus of this booklet is assist local emergency planning committee members and the general public to understand the information that is generated by a number of government programs relating to hazardous materials and how to obtain that information. Perhaps the best way to use this booklet is to think of it as a "tool box." The various programs listed should viewed as specific "tools" used to obtain information one is trying to obtain. Like tools, some of these programs will be hard to use and require practice and an understanding before one can gain good results. It is our hope that this booklet will make it easier to understand the laws and the information they generate. It is our belief by knowing what information is collected and where is it found will allow for improved community and public awareness and risk of the chemicals found within our communities. We hope we have made your tasks a little easier with this booklet. Remember, it is your right to know.

I would like to thank the members of the Springfield Local Emergency Planning Committee (LEPC) and those other LPEC's, state and federal employees who assisted us in preparing this booklet. Special thanks go to the Massachusetts Toxic Use Reduction Institute in Lowell for funding this project.

Michael J. Albano, Mayor

City of Springfield

Introduction

Table of Contents

1. DEFINITIONS

2. FEDERAL PROGRAMS

State Emergency Response Commission (SERC)
Right to Know Program
Toxic Use Reduction Act (TURA)
Hazardous Waste Facility Siting Act
Dept of Public Safety Permits
Dept of Public Health

Fire Departments

Health Departments

Local Emergency Planning Committees

6. INDEX

1. DEFINITIONS

Hazardous chemical/substance: Any chemical or substance which is a physical or a health hazard. Physical hazard means a chemical for which there is scientific valid evidence that it is a combustible liquid, a compressed gas, explosive, flammable, an organic peroxide, an oxidizer, pyrophoric, unstable (reactive) or water reactive. Health hazard means a chemical for which there is statistically significant evidence based on at least one study conducted with established scientific principals that acute or chronic effects may occur to exposed individuals. The term health hazard in chemicals which are carcinogens, toxic or highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agents which act on hematopoietic systems, and agents which cause damage to skin, eyes, or mucous membranes. It should be noted that all chemicals can be hazardous or toxic under certain circumstances or dosages. For example, drinking one and half quarts of water is normal and healthy, however drinking fifteen quarts could be lethal.

Risk: A chemical risk involves the toxicity of a substance and the exposure to it. The toxic potential of chemicals vary, some are extremely toxic, but others are essentially non-toxic at levels typically encountered in the environment. Actual levels of exposure vary and depend upon many factors. The risk itself is a probability; it is not something guaranteed to happen. An example of a chemical risk is the probability of developing lung cancer from smoking cigarettes. Yet, even in this case, scientist are unable to say unequivocally that any specific smoker will develop lung cancer. They can say only that the smoker's risk (probability) of developing lung cancer is increased by a certain degree.

Toxicity: Toxicity is the property of a substance to cause harm when it comes in contact with a living organism (e.g. via ingestion, inhalation, or absorption through the skin). The specific type of damage can be influenced by the dose and route of exposure and the often idiosyncratic attributes of an individuals body to resist or breakdown the substance. No chemical (whether natural or synthetic) is free of toxicity. At high enough concentration all substances exhibit toxic characteristics. The health effects associated with toxic chemicals are usually categorized as either acute (symptoms appear soon after exposure, such as skin burns) or chronic (symptoms appear long after exposure, such as cancer).

Trade Secret: Any confidential formula, pattern, process, device, information or compilation of information that is used in an employer's business and gives the employer an opportunity to obtain an advantage over the competition who do not know or use it.
 
 

2. FEDERAL PROGRAMS:

Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)

Legal Citation: Public Law 99-510. U.S.C. 9601-9675.

Summary of Act: The act enacted in December of 1980 authorizes the federal government to respond to spills and other releases (or threatened releases) of hazardous substances, as well as to leaking hazardous waste dumps. A fund to be used for cleaning up hazardous waste sites was created from taxes generated by this program. This fund is commonly called the "Superfund". It was reauthorized in 1986 as the Superfund Amendment Reauthorization Act (SARA). SARA is covered separately even though it technically part of CERCLA.

To assure that the most serious hazardous waste sites are addressed, the law calls for a National Priority List (NPL) to be assembled by the Environmental Protection Agency (EPA). It also calls for EPA to develop hazard ranking system (HRS) to construct the National Priority List, which scores such factors as the quantity and nature of hazardous wastes present; the likelihood of contamination of ground water, surface water, and air; and the proximity of the site to population and sensitive natural environments.

The act also created the Agency for Toxic Substances and Disease Registry (ATSDR) in the Public Health Service which is responsible for maintaining a registry of persons exposed to toxic substances; maintaining an inventory of literature, research, and studies on health effects of toxic substance contamination; providing medical care and testing in cases of public health emergencies; and periodically conducting surveys and screening programs to determine the relationship between exposure to toxic substances and illnesses. It also prepares toxicologically profiles of hazardous substances.

Information Generated: The national priority list (NPL) of hazardous waste sites commonly called "Superfund'" sites. Information from the Superfund Amendment Reauthorization Act is found below.

Location of Information: Available at the Regional Office of the Environmental Protection Agency. It is also available via the Internet at - http://www.epa.gov/region01/sfsites/

The Massachusetts Department of Environmental Protection also provides lists of hazardous waste sites.
 
 

NOTES:
 
 

Superfund Amendment Reauthorization Act (SARA)

Legal Citations: Superfund Amendment and Reauthorization Act of 1986; Public Law 99-499. 42 U.S.C. 9601-9675.

Summary of Act. In 1986, Congress passed the Emergency Planning and Community Right-to-Know Act also known as Title III of the Superfund Amendment and Reauthorization Act (SARA) of 1986. This act addresses hazardous materials emergency planning, emergency notification, and reporting of annual routine releases of chemicals to the environment. It has become the primary means to obtain information regarding hazardous materials within the community. The routine reporting requirement, Section 313, requires companies that manufacture, use, or process certain chemicals above specified quantities to report about releases of those materials to the air, water, or ground. All information contained in the various reports required by SARA with a limited numbers of exception for trade secret information is open to public disclosure.

Information Generated: Tier 2 Emergency and Hazardous Chemical Inventory Report. Submitted each March 1st by facilities having over 10,000 pounds of at least one hazardous material or 500 pounds of at least one extremely hazardous material on site at any given time during preceding calendar year. The report is required to be sent to the Local Emergency Planning Committee (LEPC), Fire Department, and State Emergency Response Commission (SERC). It contains the facility information, including the name, address, and ownership, emergency contact names for the facility, and a listing of chemicals by name that over the threshold amounts. For each chemical there is chemical description, physical and health hazards, quantity stored and in what type(s) of containers it is stored. It is at the option of the facility to include a map of the facility. The act also requires the submission of a material safety data sheet upon request. Some information may be protected from public disclosure by trade secret protection provisions.

Location of data: Local Emergency Planning Committees, Fire Departments, and the State Emergency Response Commission (SERC). The Massachusetts Emergency Management Agency, 400 Worcester Road, Framingham, MA 01707-0317 acts as the SERC's record keeper.

Toxic Chemical Release Report, also known as Form R. This form is submitted annually by July 1st to the Mass Dept of Environmental Protection (DEP) Boston Office and to the Environmental Protection Agency (EPA) in Washington. Facilities meeting certain criteria regarding its size and type of business and using one or more of over 300 specified toxic chemicals must submit the nine page form. The form contains information regarding the facility including name, address, ownership; toxic chemical identities; activities and general uses of the toxic chemicals at the facility; the maximum amount of each reportable toxic chemical on-site at any time during the calendar year; releases of toxic chemicals to the environment (air, water, land, etc.); transfers of the toxic chemicals to off-site locations such as public owned treatment works; transfers to other off-site locations; on-site waste treatment methods and efficiency); recycling activities.

Location of data: This information available to the public either in the Boston DEP office or from a on-line computerized Toxic Release Inventory data base. The Environmental Protection Agency (EPA) has a support group number for information regarding the forms (202) 260-1531; Data and useful information can also be obtained on the Internet at http://rtk.net. The information is also provided to federal depository libraries on a CD rom for public use, check with your local library to determine the nearest depository library location.

Spill Reports (SARA). For releases of chemicals above threshold amounts the facility must submit to the Local Emergency Planning Committee (LEPC), State Emergency Response Commission (SERC), and Environmental Protection Agency (EPA) Washington, a report providing the following information-- Location/address of the release; person doing the reports name and telephone number; chemical name(s) involved in the release; estimate of the quantity released into the environment; medium or media into which the release occurred (air, water, ground, etc.); description of known injuries; any known or anticipated acute or chronic health risks associated with released chemical(s); Actions taken to stop the release and contain any released material(s); Name and telephone number of person(s) to be contacted for further or future information. This report should be submitted within two weeks from the time of the release.

Location of Data: Local Emergency Planning Committees in which the spill occurred and the State Emergency Response Commission (Mass Dept of Environmental Protection), 1 Winter St., Boston 02108.

Local Emergency Planning Committees (LEPC): see under local activities.

State Emergency Response Commission (SERC): see under state programs.

Community Response Plans: The Local Emergency Planning committee must develop written plans tailored to the needs of the community. The plan shall contain nine elements: 1. Identification of facilities using extremely hazardous materials; 2. emergency response procedures to be used for responding to the site(s); 3. Identification of personnel designated as community coordinator and facility coordinators; 4. Procedures to be used during emergencies and probable area and population that could be at risk; 5. methods that will be used to determine when a release has occurred and the probable area and population that could be at risk; 6. description of emergency equipment and facilities that are available to the community; 7. plans for evacuation of effected facilities and potentially affected areas; 8. description of and schedule for holding training programs; 9. description of and schedule for holding exercises designed to test the emergency response. These plans are available at the local emergency planning committee or the state emergency response commission.

NOTES:

Clean Air Act (CAA)

Legal Citation: Public Law 90-148; and numerous amendments. 42 U.S.C.A. 7401 et seq.

Summary of Act. Facilities that handle certain hazardous substances will be required to develop plans by June 22, 1999 for managing the risks associated with their operations and implement those plans. The plans include three parts: 1. a hazards assessment describing accident release scenarios, potential off-site consequences, and a five year accident history; 2. a prevention program addressing basic safety procedures such as training, maintenance, and safety audits; 3. an emergency response program covering response plans, drills, and coordination with local planners. The plans will be available to the public.

Data Generated: Facility Operating Permit: The permit will specify a wide variety of information including emission rates, compliance certifications and schedules, and record keeping and reporting procedures, some data is confidential. The permit is issued for up to five years.

Risk Management Plans: The plans are not required to be submitted until June 1999.

Location of Data: The plans when completed will be provided to the Local Emergency Planning Committees and to the Environmental Protection Agency unless the State agrees to implement the program. It should be mentioned that there is much litigation surround the implementation of this act and as such, this section is subject to change.
 
 

NOTES:

Clean Water Act (CWA)

Legal Citation: Public Law 92-500; 95-217. 42 U.S.C.A 1300f et seq.

Summary of Act: The purpose of the Clean Water Act Amendments of 1977, amended by the Water Quality Act of 1987, is to control pollutants in effluent discharged from a facility by virtually any means to almost any stream or body of water. It establishes standards for wastewater treatment plants (publicly owned treatment works (POTWS)), that include required effluent technologies and pretreatment requirements for industrial discharges of toxic pollutants into the POTWS.

It also established technology-based and water quality effluent standards for discharges from specific industries into the waters of the United States; performance requirements for discharges from any new source from specific industries including organic chemicals, plastics, and synthetic fibers; requires that discharges of oil or hazardous substances in excess of reportable quantity (RQ) established by 40 CFR part 116, be reported to the National Response Center; controls discharges to the nation's waterways through a comprehensive permit system, the National Pollutant Discharges Elimination System (NPDES permits); industrial storm water discharge regulations in 1990 which include permitting and sampling requirements during normal rainfall events.

Data Generated: Facility Operating Permit: The permit will specify a wide variety of information including emission rates, compliance certifications and schedules, and record keeping and reporting procedures, some data is confidential. The permit is issued for up to five years.

Facility monthly or quarterly discharge monitoring reports: Report includes information regarding-flow, ph, temperature, toxic pollutants.

Location of Data: MA Department of Environmental Protection regional offices.
 
 

NOTES:

Oil Pollution Act of 1990 (OPA)

Legal Citation: Public Law 101-380 and numerous amendments. 33 U.S.C. 2701

Summary of Act: The Oil Pollution Act was enacted to expand prevention and preparedness activities, improve response capabilities, ensure that shippers and oil companies pay the costs of spills that do occur, and establish an expanded research program. The primary focus of the Oil Pollution Act is to prepare and to respond to accidents involving a discharge of oil. The law requires owner/operators of facilities using large quantities of oil that because of its location, could reasonably be expected to cause substantial harm to the environment by a discharge of oil into or on the navigable waters, adjoining shoreline, or the exclusive economic zone. The facility must prepare an emergency response plan for the worst case discharge of oil. The plan should be coordinated with the local emergency planning committee and be available for public inspection.

Information generated: Emergency response plan containing the following information: Emergency Notification telephone list; equipment list and location; spill response notification form; facility response team; evacuation plan; immediate action plan; facility diagram.

Information location: The plans are available upon request to the State Emergency Response Commission (SERC) and Local Emergency Planning Committees (LEPC).

Limitations: This act only applies to a limited number of facilities impacting waterways.
 
 

NOTES:
 
 

Resource Conservation and Recovery Act (RCRA)

Legal Citation: Public Law 94-580 and numerous amendments. 42 U.S.C.A. 6901 et seq.

Summary of Act: The Resource Conservation and Recovery Act of 1976 (RCRA) established the Federal program regulating solid and hazardous waste management. The Act defines solid and hazardous waste, authorizes the Environmental Protection Agency (EPA) to set standards for facilities that generate or manage hazardous waste, and establishes a permit program for hazardous waste treatment, storage, and disposal facilities. RCRA was last reauthorized by the Hazardous and Solid Waste Amendments of 1984. The Amendments set deadlines for permit issuance, prohibits the land disposal of many types of hazardous waste, required the use of specific technologies at land disposal facilities, and established a new program regulating underground storage tanks.

Sub-title C of RCRA created the hazardous waste management program. A waste is hazardous if it is ignitable, corrosive, reactive, or toxic, or appears on a list of 100 industrial process waste streams and more than 500 discarded commercial products and chemicals. Some wastes are specifically excluded, including irrigation return flows, sanitary/municipal waste water, industrial point sources discharges (regulated under Clean Water Act), and nuclear materials covered by the Atomic Energy Act.

Transporters of hazardous waste must also meet certain standards. These regulations were coordinated by EPA with existing regulations of the Department of Transportation. A manifest system, effective since 1980, is used to track wastes from their point of generation to the place of final treatment, storage, or disposal.

Treatment, Storage, and disposal (TSD) facilities are required to have permits, to comply with operating standards, to meet financial requirements in case of accidents, and to properly close their hazardous waste facilities in accordance with EPA regulations when hazardous waste activities cease.

Information Generated: Facilities must submit a contingency plan which includes information regarding the type of wastes, locations of wastes, spill remedial plans, key personnel, equipment and contractors names. Two reports are also generated in the case of releases, the initial report and final report.

Location of Data: Sent to Department of Environmental Protection only.
 
 

NOTES:
 
 
 
 

Safe Drinking Water Act and Amendments (SDWA)

Legal Citation: Public Law 93-523; 42 U.S.C. 300 et seq.

Summary of Act: The Safe Drinking Water Act was enacted on December 16, 1974, and subsequently amended five times is the basis for protecting public drinking water systems from harmful contaminates. The 1986 amendments were the most comprehensive and included provisions requiring the Environmental Protection Agency (EPA) to: 1. set drinking water regulations for 83 specified contaminants by June 1989,; 2. Promulgate requirements for disaffection and filtration of public water supplies and provide related technical assistance to small communities; 3. ban the use of lead pipes and lead solder in new drinking water distribution systems; 4. establish an wellhead protection program around public water supply wells; 5. establish an elective demonstration grant program for States and local authorities having designated sole-source aquifers to develop ground water protection programs; 6. issue rules for monitoring wells that inject wastes below a drinking water source. The requirements that apply to the water system depend on three factors: 1. whether it is a community system, a non-transient non-community system, or a noncommunity system; 2. the number of people served by your system; and 3. whether it uses surface water or ground water. There are three major types of requirements in the Safe Drinking Water Act: 1. Sampling and Reporting; 2. Record Keeping, and 3. Public Notification.

Information Generated: Water suppliers are required to keep certain information on file, as follows: Bacteriological results, Chemical results, Actions taken to correct violations, Sanitary Survey Reports, Variance or exemption records.

Information locations: Massachusetts Public Health Department and the local water supplier.
 
 

NOTES:
 
 
 
 

Toxic Substances Control Act (TSCA)

Legal citation: Public Law 94-459. 15 U.S.C. 2601 et seq.

Summary of Act: The Toxic Substances Control Act (TSCA) authorizes the Environmental Protection Agency (EPA) to screen existing and new chemicals used in the manufacturing and commerce to identify dangerous products or uses that should be subject to Federal control. To this end EPA may require manufacturers and processors of chemicals to conduct and report results of tests to determine the effects of potentially dangerous chemicals on living things. Based on test results and other information EPA may regulate the manufacture, importation, processing, distribution, use, and/or disposal of any chemical that presents an unreasonable risk of injury to human health or the environment.

Information Generated: Toxic inventory every four years, reports on the new manufactures of chemicals.

Information Locations: Environmental Protection Agency, Washington, DC. Information is also available on the internet at:
http://info.cas.org/ONLINE/CD/REGCOMP/tsca.html

Limitations: Subject to heavy trade secret restrictions.
 
 

NOTES:
 
 

Atomic Energy Act of 1954 & 1975

Legal Citation: Public Law 95-91; 42 U.S.C. 7135 or 5843, 2301 ???

Summary of Act: The Nuclear Regulatory Commission (NRC) was established by the Energy Reorganization Act of 1974 to ensure adequate protection of the public health and safety, the common defense and security, and the environment in the use of nuclear materials. That act and the Atomic Energy Act of 1954 provide the foundation for the regulation of the commercial nuclear power industry. The NRC scope of responsibility includes regulation of

Information Locations:

Headquarters Public Documents Room (202) 634-3273
US Nuclear Regulatory Commission
Gelman Building, Lower Level
2120 L St. NW
Washington, DC 20037
Internet: http://www.nrc.gov/

Limitations: One needing to request information should make their request in writing and some information may not be available to the general public.
 
 

NOTES:
 
 

3. STATE PROGRAMS

AIR POLLUTION

Legal Citation: MGL Chapter 111, Sections 142A-E. 301 CMR 7.00

Summary of Act: The act regulates the pollution or contamination of the atmosphere. It requires a permit for industries discharging into the atmosphere. The permits are issued for up to five year periods describe the substances and quantities being released. It calls for the creation of air pollution control districts and is linked with the Federal Air Quality Act of 1967. Districts are required to achieve the air quality standards set force in federal standards, and the Department of Environmental Protection is required to review ambient air quality standards and plan for the implementation, maintenance and attainment of such standards.

Information Generated: Air Pollution Control Districts and Plans for the implementation of air quality standards. The plans contain information for contaminates found within the ambient air. The act also requires facilities to obtain permits before discharging into the air, the permits contain the facility specific emissions information concerning: the substances, quantity, and method of emission including fuel use, raw materials, production rates, and operating schedules; methods used to determine the emission rates; identification and description of air pollution control equipment and compliance monitoring devices or activities.

Information Locations: The Regional Department of Environmental Protection (DEP) and Regional planning commissions have copies of air pollution control plans. The Permits are located at the regional DEP offices.
 
 

NOTES:
 
 

FIRE PREVENTION

Legal Citation: MGL Chapter 148, Section 9. 527 CMR 14.01

Summary of Act: The act regulates the storage and handling of flammable liquids, combustible liquids, flammable solids and flammable gases. Permits are required for the storage of any flammable or combustible fluid, flammable solids or flammable gases above threshold amounts. All tanks, containers, vessels and transport vehicles are to be considered full for the purpose of required permitting.

Information generated: The permit includes information regarding the operator, address, types of materials, quantity in gallons, and any restrictions imposed. The permit is good for one year.

Information location: The local fire department and local licensing authority (city council - board of selectmen). For information on the City of Waltham see the city's website: http://www.city.waltham.ma.us/
 
 

NOTES:

Hazardous Substances Disclosure by Employers

Massachusetts Community Right-to-Know Act

Legal Citations: MGL Chapter 111F. 105 CMR 670.000

Summary of Act: The Massachusetts Right to Know Law gives citizens the right to find out what toxic or hazardous materials are being used or stored by employers in their community if they believe that these substances may endanger there health or safety. It makes available to community residents material safety data sheets (MSDS) on toxic or hazardous substances (MSL) which are on the Massachusetts Substance List and are used or stored at work places in the community. Access is given through a petitioning process. One may use the Right-to-Know if your are concerned that an employer is using or storing a substance that could endanger public health or safety. The petition is submitted to the designated Municipal Right-to-Know Coordinator (usually found in the local health or fire departments) who would in turn contact the employer in question and advise them of the petition. The employer is required to provide copies of the MSDS for the products on the MSL to the Department of Environmental Protection regional office. The Department of Environmental Protection, the Department of Public Health, and Department of Labor and Work Force Development (formerly Dept of Labor and Industries) oversee this act.

Information Generated: Copies of the material safety data sheets (MSDS) for those substances on the Massachusetts Substance List for businesses within your community.

Limitations: Although still on the books, most communities have no active right-to-know program and many do not have a municipal right-to-know coordinator. It does not cover federal agencies or private work places. Public workers (State and municipal) are covered under this statue. This act has been largely overshadowed by Superfund Amendment Reauthorization Act (SARA), see page ??.

For further information:

Mass Dept of Public Health (617) 624-5757
Environmental Health Assessment
250 Washington St., 7th Flr FAX: 617-624-5777
Boston, MA 02108

NOTES:
 
 

Hazardous Waste Facility Siting Act

Legal Citation: MGL Chapter 21D, Section 12. 990 CMR 1.00

Summary of Act: This law is focused primarily on developers proposing to build, maintain, and operate hazardous waste facilities. Developers are required to provide notice of intent to the state, chief executive of the host community, if any, the regional planning agency; and the chief elected officials of all abutter communities. The

notice of intent shall include: (1) a description of the types of hazardous waste the developer proposes to accept for treatment, processing and disposal at the facility; (2) a description of the technology and procedures the developer proposes to use to treat, process, and dispose of hazardous waste at the facility; (3) the site, if any, proposed by the developer as a possible location for the construction and operation of the facility; (4) a description of the present suitability of the site, and of what additional measures, if any, will be required to make the site suitable for the purpose of construction, maintaining and operating the facility; or in the event such developer is not proposing a site, the requirements and characteristics of a site that would be appropriate for said facility; (5) preliminary specifications and architectural drawings of the proposed facility; (6) a copy of the most recently published statewide environmental impact report issued by the department; (7) any other information required to be submitted in accordance with the rule, regulations, procedures and standards of the department or the Council of Hazardous Waste Facility Site Council. The Department of Environmental Protection is charged with preparing an annual Statewide Environmental Impact Report. The report shall describe and evaluate the hazardous waste management situation existing in the state together with such feasible alternative solutions as may be available for the treatment. processing and disposal of hazardous waste. The report shall also include: (a) existing sources of hazardous waste; (b) the types of technologies available for the treatment, processing and disposal of hazardous wastes; (c) the impacts, both favorable and adverse, resulting from the use of each type of technology; (d) actions which might be taken to avoid the dangers, minimize risk, or remedy unavoidable consequences; (e) the kinds of benefits and protective mechanisms which may be made available to host and abutting communities; (f) the existing rules, regulations, procedures and standards which have been established to protect public health, the public safety, and the environment; and (g) the sources and types of hazardous wastes generated in the commonwealth, the adequacy of existing facilities for the treatment processing and disposal of said hazardous waste, and the additional facility capacity needed in order to eliminate the shortfall of capacity if any.

Information generated: Statewide Environmental Impact report and initial notice of intent described in the Summary of Act section; Preliminary project impact report prepared by the developer; the siting agreement.

Location of Information: The Local Assessment Committee; the local Board of Health, The Department of Environmental Protection Regional and State offices.

Limitations of data: The information is subject to trade secret provisions.
 
 

NOTES:
 
 

Oil and Hazardous Material Release, Prevention and Response Act.

Legal Citations: MGL Chapter 21E. 310 CMR 40.0000

Summary of Act: This act requires any responsible party who has a potential threat/or an actual release of oil/hazardous material into environment above listed thresholds amounts to immediately report the release to the Mass Department of Environmental Protection. The report to DEP normally includes to extent known the name and amount of material(s) released, where the release took place, when it was discovered, any immediate response actions taken to mitigate the release or its impact. DEP records the notification information in a log at one of the four regional DEP offices. The law also requires the responsible party to typically hire a licensed environmental cleanup contractor to clean the site and/or a licensed site professional (LSP) to prepare a Immediate Response Action (IRA) Plan to document the actions to be taken to remove and clean up the release site. The Licensed Site Professional must also submit to DEP a Response Action Outcome (RAO) Statement documenting the amount of materials released, recovered, the impact on the environment, etc. The Immediate Response Actions, steps taken, any test results, his/her finding.

Information Generated: A written Immediate Response Actions Plan, and Response Outcome Statements. These documents provide a description of the names and amounts of the materials released, their immediate and long term impact on the environment, and methodology for removal and disposal of contaminated product and materials it may have contaminates, such as earth, water, building materials, etc. A list of hazardous waste sites is also generated by this law. There are two basic lists produced. The first list all confirmed hazardous waste sites by town providing a very brief description of the address/location and substances found at the site. The second list has been collected since 1994 and provides the Standard Release Report information for all sites established since 1994.

Information Locations: The regional office of the Department of Environmental Protection. Copies of the Response Outcome Statement notices are also sent to the local Health Department and the chief elected official.

NOTES:

Massachusetts Hazardous Waste Management Act.

Legal Citation: MGL Chapter 21C; 310 CMR 30.00

Summary of Act: This act governs the treatment, storage and disposal of hazardous waste. It requires the Department of Environmental Protection to establish: 1, a list of hazardous wastes; 2, criteria and standards for the identification of hazardous wastes; 3, provisions for waiver by the department for any waste which the department determines is insignificant as a potential hazard to public health, safety, welfare of the environment, or the handling, treating, storing, use, processing, or disposal of which is adequately regulated by another government agency consistent with the regulations promulgated under federal Resource Conservation and Recovery Act. The act also sets limits upon the amount of time a company may keep hazardous waste at its facility. It also sets performance standards for storage of materials at the facility. Permits for re-cycling of hazardous waste and waste oil are also covered by the regulations. Closure requirements for facilities which have generated hazardous waste are also covered.

Information generated: Facilities who collect, transport, treat, or dispose of hazardous materials must obtain a license. All waste must be manifested.

Location of Information: Records of closed facilities are sent to the Department of Environmental Protection.
 
 

NOTES:

Massachusetts Pesticide Control Act

Legal Citation: MGL Chapter 132B; 333 CMR 1.00

Summary of Act: The act provides for the regulation of the use and application, disposal, and storage of registered pesticides within the state. It specifically provides for notice to cities and town by utilities before they can spray, release, deposit or apply any herbicides to which it owns or has right of ways. The act also provides for certificating and licensing applicators of pesticides.

Information Generated: Annual right of way plans which provide information regarding pesticides used, method of application, and toxicology. The notice shall include the dates of application, type of herbicide to be used and a copy of all information supplied by the manufacturers, the name and address of the contractor who be make the application for the utility or the name, title and business address of the employee who will be responsible for carrying out the application if it is to be made by utility company employees.

Information Location: Local Health Departments and the Bureau of Pesticide Control.

Information Limitations: The act covers only registered pesticides, not consumer products. Trade secret provisions also apply.
 
 

NOTES:
 
 

Department of Public Health, Radiation Control Program.

Legal Citation: MGL Chapter 111, Section 5N. 105 CMR 120.000

Summary of Act: The Massachusetts Radiation Control Program was created to control the radiation hazards of radioactive materials and machines which emit ionizing radiation. On March 21, 1997, the Massachusetts Radiation Control Program became responsible for licensing, rulemaking, inspection and enforcement concerning the use of (1) radioactive materials produced as a by-product of the operation of nuclear reactors; (2) uranium and thorium source materials; and (3) small quantities of fissionable materials. This includes most of the medical and industrial users. The US Nuclear Regulatory Commission retains jurisdiction over regulation of nuclear reactors and other major nuclear facilities.

The program regulates the possession and use of naturally occurring and accelerator produced radioactive materials and requires licenses for the use, manufacture, production, transfer, receive, own, or possess any source of radiation unless exempted from the licensing and registration by the department.

To obtain further information from this program one can access its home page on the internet or request in writing from the address below.

Department of Public Health (617) 727-6214
Radiation Control Program FAX: (617) 727-2098
305 South St.
Jamaica Plain, MA 02130
Internet: http://www.magnet.state.ma.us/dph/radia.htm
 
 

NOTES:
 
 

State Emergency Response Commission (SERC);

Legal Citation: Governor's Executive Order

Summary of Act: Under the provisions of SARA title III, the Governor of each state must appoint an Emergency Response Commission. The SERC is responsible for several hazardous material issues, including: appointing the local emergency planning committees (LEPCs); reviewing LEPC plans; ensuring hazardous material training is conducted; developing a system for receiving and maintaining information filed by facilities and it is available to the public. The Governor has appointed the Massachusetts Emergency Management Agency (MEMA) as the coordinating entity to carry out the responsibilities of the Massachusetts SERC. The SERC has designated the Department of Environmental Protection (DEP) in Boston as its holder of facility information generated by SARA. It requires the Tier 2 report form to be used for reporting of inventories.

Information Generated: Community Emergency Response Plans (available via Emergency Management Agency), Facility Inventory information and spill reports (available via Department of Environmental Protection). Also standards for local emergency planning committees.

Location of Information:

Massachusetts Emergency Management Agency (508) 820-1408
400 Worcester Rd, Framingham, MA 01701-0317
Internet: http://www.magnet.state.ma.us/mema/homepage.htm
 
 

NOTES:
 

Toxic Use Reduction Act (TURA)

Legal Citation: MGL Chapter 21I; 310 CMR 50.00, 301 CMR 40.00, 301 CMR 41.00

Summary of Act: Toxics Use Reduction (TUR) is a environmental protection program that has been established in Massachusetts to promote safer and cleaner production that enhances the economic viability of Massachusetts firms. TUR is a fundamental form of pollution prevention that focuses on industrial activities. It promotes toxic chemical substitution, product process modification, finished product reformulation, production modernization, improvements in operations and maintenance, and in-process recycling of production materials.

The goal of the Toxics Use Reduction program is to reduce the generation of hazardous wastes in Massachusetts by 50 percent by 1997 without limiting the capacity of local firms to grow and prosper. This is a statewide goal. Individual firms may set their own toxic use reduction targets. The program was established in 1989 when the Massachusetts legislature unanimously passed the Toxic Use Reduction Act (TURA).

Every two years each covered firm must prepare a plan documenting how they will use Toxic Use Reduction techniques to reduce the generation of waste. Each plan must provide a corporate policy statement and two- and five-year goals for by-product reduction of each listed chemical. In addition, each plan must include information about current and projected toxic chemical use, the technical feasibility of implementing various techniques, and the economic impacts of each technique; a description of each technique or procedure that is to be implemented; and a schedule for implementation. The plan must be certified by a state-authorized Toxics Use Reduction Planner certified by the Department of Environmental Protection. The plans are kept at the facility but a plan summary is submitted to the Department of Environmental Protection.

The Commonwealth is required to promote the state law through four institutions: (1) The Administrative Coordinating Council which brings together representatives from seven state agencies that oversee environmental, health, labor, and development programs. The purpose of the council is to establish more coordinated approaches promoting industrial development that is environmentally sound and enhances human health. The Council is assisted by an Advisory Committee made up of members of the public and the business community; (2) The Bureau of Waste Prevention a reorganized unit with in the state Department of Environmental Protection is charged with writing regulations, enforcing the law, and collecting and making data available; (3) The Office of Technical Assistance in the Executive Office of Environmental Affairs provides free technical consultation and assistance to firms attempting To implement toxic use reduction programs; (4) The Toxics Use Reduction Institute which provides education and training for professionals and the general public, conducts a technology transfer program, and sponsors research in the development of safer materials and cleaner technologies.

Information Generated: All facilities meeting the reporting requirements must submit an annual report which is known as Form S. Form S identifies the chemicals used by the facility in each production process, the percentage reduction of toxic by-products and toxic emissions, and the toxic use reduction techniques used to reduce the waste. Every other year a Toxic Use Reduction plan summary must be submitted. The plan summary includes information concerning two and five year goals for by-product waste reduction of each listed chemical. It must also include information about current and projected toxic chemical use.

Location of Information: The Department of Environmental Protection (DEP). DEP also makes available to major libraries across the state the information on CD ROM discs.

Limitations: The public availability of the data is subject to some trade secret restrictions and can be complicated to lay users.
 
 

NOTES:
 
 
 
 

4. LOCAL PROGRAMS

There is not an easy means of categorizing all the various local programs. The MA Department of Environmental Protection compiles a listing of local ordinances that contain provisions to regulate or control the use of hazardous materials. The listing (Water Supply Protection Matrix for Commonwealth of Massachusetts) relates specifically to water supply protection provides by town an assortment of water protection measures, including a number ordinances relating specifically to use and storage of toxic and hazardous materials.

The following departments and agencies would be an appropriate place to inquire for hazardous material information sources.
 
 

Local Emergency Planning Committees

The local emergency planning committee (LEPC) created by provisions of the US Comprehensive Environmental Response, Compensation, and Liability Act can provide detailed information regarding facilities and preparedness activities in your community It has four basic functions by law: 1. To develop a comprehensive emergency plan for the community and keep the plan up-to-date; 2. To receive information about accidental releases; 3. To collect, manage, and provide public access to information on hazards chemicals in the community; 4. To educate the public about risks from accidental and routine releases of chemicals and work with facilities to minimize the risks. The LEPC must provide copies upon request of the Tier 2 forms containing hazardous material inventories and spill reports submitted by the responsible party. It can also request from the facility material safety data sheets for chemicals used by the facility. They also have copies of the communities response plan and by 1999 will have the risk management plans generated by the Clean Air Act. The committee should be able to refer individuals needing additional information or clarification to more specialized help either from a facility representative, state agencies, or other sources that may be applicable.

Unfortunately not every community has an active LEPC, for the name of the local emergency planning committee for your community you may call your local fire department (they are generally members) or the Area office of the Massachusetts Emergency Management Agency, see http://www.magnet.state.ma.us/mema/homepage.htm for the office that covers your community.

For general information regarding LEPC's, the Environmental Protection Agency has an internet address:

http://www.rtk.net/lepc
 
 

Conservation Commissions

Conservation Commissions are not a primary location for finding hazardous material information but may be an excellent source for information regarding conservation areas, waters ways and determining who the local river watch groups are.

Check the telephone book under the community listings for the conservation commission, or the main number for the city or town you live in.
 
 

Fire Department

Fire Departments must by law inspect locations with flammable storage permits and the removal of underground storage tanks. Fire Department are also receive inventory information from facilities who are required to file under the Superfund Amendment Reauthorization Act (SARA).

Check the telephone book under the community listings for the Fire Department non-emergency number. The Waltham Fire Department business number is (781)893-4105. Waltham Fire Department information can also be found on the City of Waltham website at: http://www.city.waltham.ma.us/
 
 

Health Agents & Departments

The local health agent or department is one of the recipient agencies for a variety of hazardous materials information. The Department of Environmental Protection Response Outcome Statements are sent to them. Information regarding infectious and biological wastes are also kept at the health department. Many communities also designated an employee from the health department as their Municipal Right to Know Coordinator to be in compliance with the Massachusetts Right-to-Know act.
 
 

Planning Boards & Departments

Legal citation: MGL 40

Communities may adopt local zoning ordinances which can contain provisions for the regulation of land uses including the use and siting of uses using hazardous materials. A common restriction is to allow the siting of uses with hazardous materials only by special permit. Permits normally describe the location, types and amounts of approved hazardous materials. The City-town clerk's office or Planning office can normally provide information about permits issued within their jurisdiction.

Each city-town stores their records in different systems but most can respond to indicate whether a specific address has been issued a permit. Not all communities can aggregate numbers of permits issued nor can they easily determine for what hazardous materials the permits were issued. One would have to research each permit to determine the materials approved.
 
 

Local Waste Water Treatment Agency

The local waste water treatment plant may be a source for information for industries and water quality. Depending on the size of the plant, there may be a industrial pre-treat program which would focus on industrial users who might discharging into waste stream. This program monitors ph levels and chemical discharges. Pre-industrial treatment programs general require a permit which would provide information regarding the industrial users discharges including chemical and ph levels. It also set discharge limits on the user. The treatment plant also may have test results for water samples taken from the water way it discharges into and the discharges it makes into the water way. Local waste water plants are under the Clean Water Act.

5. TELEPHONE NUMBERS AND ADDRESSES

LOCAL

Local Emergency Planning Committees

For the name of the local emergency planning committee for your community you may call your local fire department (they are generally members) or the Area office of the Massachusetts Emergency Management Agency, (508)820-2000 or the MEMA website at http://www.magnet.state.ma.us/mema/homepage.htm for the office that covers your community.

City and Town Departments and Boards

For local city and town agencies look under the community's section in the "grey" business listings for the department agency one us looking for. Information on the City of Waltham can be found on the City's website: http://www.city.waltham.ma.us/.

STATE AGENCIES

Massachusetts Department of Environmental Protection (DEP)
Department of Environmental Protection (DEP)
1 Winter St. (617) 338-2255
Boston, MA 02108 (800) 462-0444
from Area codes 413 & 508
http://www.magnet.state.ma.us/dep
 

Business and Citizen Services:
(617) 292-5900

Public Information:
(617) 574-6804

Bureau of Resource Protection:
(617) 292-5931

Massachusetts Emergency Management Agency (MEMA)
State Headquarters (508) 820-2000
400 Worcester Rd.
Framingham, MA 01701-0317
http://www.magnet.state.ma.us/mema/homepage.htm

Area 1 HQ (978) 944-1184 Fax (978)851-8218
Tewksbury, Hospital
Building 5
Tewksbury, MA 01876
(Essex and Suffolk Counties and portions of Middlesex and Norfolk)

Area 2 HQ (617) 697-3111
P O Box 54
Bridgewater, MA 02324
(Barnstable, Bristol, Dukes, Nantucket, and Plymouth Counties and portions of Middlesex and Norfolk)Massachusetts Correctional Institute

Area 3 HQ (413) 323-6306
Belchertown State School Grounds
P O Box 1190
Belchertown, MA 01007
(Berkshire, Franklin, Hampden, Hampshire, Worcester Counties)

Massachusetts State Emergency Response Commission (SERC)
Care of Emergency Management Agency (508) 820-2000
400 Worcester Rd.
Framingham, MA 01701-0317
http://www.magnet.state.ma.us/mema/homepage.htm
 

Massachusetts Department of Public Health (DPH)
150 Tremont St. (617) 727-6214
Boston, MA 02111

Radiation Control Program (617) 727-6214
305 South St.
Jamaica Plain, MA 02130
http://www.magnet.state.ma.us/dph/radia.htm

Environmental Health Assessment (617) 624-5757
250 Washington St., 7th Flr FAX: 617-624-5777
Boston, MA 02108

FEDERAL

Agency For Toxic Substances and Disease Registry (ATSDR) (404) 639-0615
1600 Clifton Rd. NE
Atlanta, GA 30333
Internet: http://atsdr1.astdr.cdc.gov.8080/atsdr.html
 

Environmental Protection Agency (EPA)
Region 1 (New England) (617) 565-3400
John F Kennedy Federal Building
Room 2203
Boston, MA 02203
Internet: EPA Homepage: http://www.epa.gov/
CEPPO: http://www.epa.gov/swercepp/
EPA Regional offices http://www.epa.gov/swercepp/pubs/regions.html
EPA Region I, New England http://www.epa.gov/region01/
 

US Nuclear Regulatory Commission
US Nuclear Regulatory Commission Region 1
475 Allendale Rd. (610) 337-5000
King of Prussia, PA 19406-1415
Headquarters Public Documents Room
Gelman Building, Lower Level (202) 634-3273
2120 L St. NW
Washington, DC 20037
http://www.nrc.gov/NRC/
 
 

SUBJECT INDEX

Air Pollution Permits
Atomic Energy Act
CAA
CERCLA
Clean Air Act
Clean Water Act
Community Emergency Plans
Contingency Plans
CWA
Definitions
Drinking Water
Facility Data
Fire Prevention
Flammable substances
Form R
Form S
Hazardous Substances Disclosure by Employers
Hazardous waste sites
Hazardous waste Facilities
Immediate Response Action Plan
Inventories
LEPC
Local Emergency Planning Committee
Manifest
Material safety data sheets
Matrix of water protection programs
MSDS
National Priority List
New chemicals
Nuclear materials
Oil
Oil and Hazardous Material Release, Prevention
and Response Act
Oil Pollution Act
Pesticides need info
Publicly Owned Water Treatment Plants
Radiation Control Program
Radioactive materials
RCRA
Response Action Outcome Statement (ROA)
Right-to-know
SARA
SERC
Solid Wastes
Spill reports
State Emergency Response Commission
Superfund Amend Reauthorization Act
Superfund sites
Tier 2 Reports
Toxic Substance Control Act
Toxic Use Reduction Act
Treatment facilities
Underground tanks
Water
Water ways
Waste Water
Worst Case Scenarios
Zoning