Pesticides and the HEPCRA,
Hawaii Emergency Planning and Community Right-to-Know Act
September 2005*
Charles Nagamine
Pesticide Risk Reduction Education Program Cooperative Extension Service
College of Tropical Agriculture and Human Resources, University of Hawaiʻi at Mānoa
This webpage is one item in the pesticide study packet used to study for examinations given by the Hawaii Department of Agriculture. The study packets are from the College of Tropical Agriculture and Human Resources at the University of Hawaii. The examinations are for certification to buy, use, or supervise the use of restricted use pesticides.
Development of this webpage was supported in part by the State of Hawaii Department of Agriculture.
Table of Contents
- Introduction
- Net contents of a pesticide container
- Active ingredients in pesticides
- Total pounds of active ingredient
- Compare total pounds of active ingredient to its reportable quantity (RQ)
- Compare total pounds of active ingredient to its threshold planning quantity (TPQ)
- Reportable Quantities and Threshold Planning Quantities
- Release reporting
- Chemical emergency planning notification and inventory reporting
- Telephone numbers and addresses for notification and reporting
- For more information
- References
Mention of a trademark, company, or proprietary name does not constitute an endorsement, guarantee, or warranty by the University of Hawaii Cooperative Extension Service or its employees and does not imply recommendation to the exclusion of other suitable products or companies.
*URLs updated on April 17, 2014: yosemite.epa.gov/oswer/lol.nsf/homepage replaces http://web-services.gov/lol/ and http://eha-web.doh.hawaii.gov/eha-cma/Leaders/HEER/right-to-know-%28hepcra%29-compliance replaces http://hawaii.gov/health/environmental/hazard/hepcra.html.
1. Introduction
This guide is about:
- Chemical leak, spill, or fire reporting. You could be required to notify a state and a county govern- ment agency if a certain amount of your pesticide spills, leaks, or burns. There are a few exceptions.
- Chemical inventory reporting. You are required to make a report to several government agencies on a special form if you have a minimum amount of a some pesticides. This is an annual report. There are exceptions for chemicals used in routine agricultural operations and four other situations.
- Chemical emergency notification and planning. You are required to notify several government agencies if you have a certain amount of any pesticide classified by the federal government as an extremely hazardous substance. (This is a one-time notification.) Also, you are required to do chemical emergency planning with those agencies.
The person responsible for meeting these requirements is the owner or operator of the facility where the pesticides are located. A facility could be a building, structure, equipment, storage container, or motor vehicle.
Why are these requirements important?
Chemical emergency planning and response are important ways of protecting people and wildlife near a site where a large amount of pesticide could be released. This could happen during a leak, spill, flood, or fire. The effects of such releases are unpredictable. They could cause serious problems and concerns. For example: Someone might walk or drive through a contaminated site. Pesticide leaking from a container might contaminate a stream or other water source. Flood water could carry a container to a place where there are people or wildlife. Smoke from burning chemicals might be toxic to people and wildlife.
The reporting and notification requirements explained in this guide are important to local fire fighters and other chemical emergency planners and responders. Reports of releases help them contain and control a spill. Annual inventory reports tell them where there are large pesticide storage sites. This information allows them to plan how to deal with big chemical spills, leaks, or fires. Notification starts the process of involving facility owners and operators in chemical emergency planning.
Federal and state laws
State and federal laws set up a system that requires owners and operators of certain facilities to communicate and cooperate with emergency planners and responders.
- Hawaii’s Emergency Response Law (ERL) is about reporting a chemical release from any facility in Hawaii. This law covers pesticides because they are chemicals classified by the federal government as a hazardous substances.
- The Hawaii Emergency Planning and Community Right-to-know Act (HEPCRA) is about reporting a release of any chemical classified by the federal government as an extremely hazardous substance. It is also about emergency planning notification and chemical inventory reporting in Hawaii.
- A federal law, the Emergency Planning and Community Right-to-know Act (EPCRA) is the basis for the HEPCRA. This federal law is also called “SARA Title III” or Title III of the Superfund Amendments and Reauthorization Act.
2. Net contents of a pesticide container
You will need information about the net contents of a pesticide container to do the calculations in section 4 of this guide.
The net contents statement lists the amount of product in a full container. This statement often appears near the bottom of the pesticide label’s front panel. For dry pesticides, the weight of the product is listed in ounces or pounds. (This does not include the weight of the container.) For liquid pesticides, the volume of the product is listed in fluid ounces, pints, quarts, or gallons.
3. Active ingredients in pesticides
Information about an active ingredient appears on the front panel of the pesticide’s label. It’s printed beneath the product name in the active ingredients section.
There will always be two items of information about the pesticide’s active ingredient. One is the chemical name. The other is the per cent (by weight) . They appear together in the same line (figures 1–4). The common name of the active ingredient is often listed, too (figure 1), but not always (figure 2).
If the pesticide is a liquid product, there will be a fourth item of information, “pounds per gallon.” It will appear in a note below the line that reads “TOTAL…100%” (Figure 3).
When estimating the amount of active ingredient in a dry pesticide, note the per cent (by weight). For liquid pesticides, note the “pounds per gallon.”
4. Total pounds of active ingredient
To estimate the pounds of an active ingredient in a container, do these calculations.
For dry pesticides:
Pounds of active ingredient in a container = [per cent by weight] x [net contents]
Example: Suppose the net contents of a bag of granular pesticide is 50 pounds and the active ingredients statement is as shown in figure 1 (page 3). Since “20%” may be written as “0.2”:
Pounds of active ingredient in a container = 0.2 x 50 pounds = 10 pounds
For liquid pesticides:
Pounds of active ingredient in container = [pounds per gallon] × [net contents (in gallons)]
If the label lists the net contents in fluid ounces, pints, or quarts, convert it to gallons. Here are some examples:
64 fluid ounces ÷ 128 fluid ounces per gallon = 0.5 gallon
1 pint ÷ 8 pints per gallon = 0.125 gallon
1 quart ÷ 4 quarts per gallon = 0.25 gallon
Example: Suppose the net contents of a can of liquid pesticide is 5 gallons and the statement of active ingredients is as shown in figure 3 (page 4).
Pounds of active ingredient in container = 4 pounds per gallon × 5 gallons
= 20 pounds of active ingredient
For a pesticide “release” (by spill, leak, or fire)
Total the estimates for all involved containers of pesticide that contain the active ingredient. You will compare this total to the active ingredient’s reportable quantity, as explained in section 5 below.
For a facility where the pesticides are located
Total the estimates for all stored containers of pesticide that contain the active ingredient. You will compare this total to the active ingredient’s threshold planning quantity, as explained in section 6 below.
5. Compare total pounds of active ingredient to its reportable quantity (RQ)
Step 1: Find the active ingredient on page 8 in column 1 of the table “Selections from EPA’s List of Lists” in section 7. If your active ingredient is not listed, check these two sources:
- Material safety data sheet (MSDS) for the product containing the active ingredient. (Look for it the “regulatory information” section, usually section 15.)
- Internet. View a complete, up-to-date list of RQs at this website: yosemite.epa.gov/oswer/lol.nsf/homepage
Step 2: Look for a number in two columns: column 4 “EPCRA RQ Sec. 302” and column 5 “CERCLA RQ Sec. 103.” The number there is the reportable quantity (RQ) in pounds for the active ingredient. If there is no number in either column, 100 pounds is the RQ set by a Hawaii Department of Health regulation.
Step 3: Determine if your spill, leak, or fire (“release”) is reportable by applying this rule:
If the amount of active ingredient in your release is equal to or more than the RQ, then the release would trigger Hawaii’s requirements for reporting a release. See details about immediate and follow-up reporting in section 8.
Example: For amitrole, 10 pounds is listed RQ. So if 10 pounds or more of amitrole is released in a spill, leak, or fire at your facility, then you must report certain information about the release.
You should apply steps 1–3 for any other active ingredient in pesticides in your release.
Exemption: The release is exempt from reporting requirements if it results in exposure of persons solely within a workplace, with respect to a claim which such exposed persons may assert against their employer. However, the purpose of requiring reporting is to ensure that emergency responders know about any release that presents or may present a substantial danger to the public health or welfare, the environment, or natural resource. You should seriously think about reporting if the spill, leak, or smoke from a fire could move beyond the boundaries of the workplace and pollute air, soil, or water or harm other people and wildlife, either quickly or long afterwards. Consider that water could be on the surface in a pond or stream or under ground. Also consider that rain will wash many chemicals off a road and into a storm drain. From there, contaminated water could move into a pond or a stream. The stream might then carry the chemical to the ocean.
6. Compare total pounds of active ingredient to its threshold planning quantity (TPQ)
Step 1: Find the active ingredient on page 8 in column 1 of the table “Selections from EPA’s List of Lists” in section 7. If your active ingredient is not listed, check either of these two sources:
- Material safety data sheet (MSDS) for the product containing the active ingredient. (Look for it the “regulatory information” section, usually section 15.)
- Internet. View a complete, up-to-date list of TPQs at this website: yosemite.epa.gov/oswer/lol.nsf/homepage
Step 2: Look for a number in column 3 “EPCRA TPQ Sec. 302.” If there is a number, it is the threshold planning quantity (TPQ) in pounds for the active ingredient. A number in this column also means that the active ingredient has been designated as an extremely hazardous substance by the federal government.
Step 3: Determine what you must do by applying one of these rules:
A. If there is no number in column 3, then 10,000 pounds is the amount that would trigger Hawaii’s requirements for chemical inventory reporting. See details in section 9.
Example: For amitrole, no number is listed. So if 10,000 pounds or more of amitrole is at your facility, then you must report certain information about your chemical inventory.
B. If the TPQ is either 1, 10, 100, or another number lower than 500, then that TPQ is the amount in pounds that would trigger Hawaii’s requirements for inventory reporting. Also, chemical emergency planning notification would be required if more than that TPQ is at the facility. See details in section 9.
Example: For phorate, the listed TPQ is 10 pounds. So if 10 pounds or more of phorate is at your facility, then you must report certain information about your chemical inventory. Also, you must do chemical emergency planning notification if more than 10 pounds of phorate is at your facility. This is because phorate is regulated as an extremely hazardous substance.
NOTE: If there is a pair of numbers (such as “10/10,000”), consider the formulation of the pesticide. If the pesticide is a liquid, the TPQ is the lower number (“10” in the example). The lower number is also the TPQ if the pesticide is a powder consisting of particles of a size less than 100 microns. (Human hair is about 80–100 microns thick.) Otherwise, the TPQ is the higher number (“10,000” in the example).
Example: For diphacinone in either a liquid form or a powder form, the listed TPQ is 10 pounds. But for diphacinone in the form of pellets or blocks, 10,000 pounds is the TPQ.
C. If the TPQ is 500 or a higher number, then 500 pounds is the amount that would trigger Hawaii’s requirements for inventory reporting. Also, chemical emergency planning notification would be required if more than the listed TPQ is at the facility. See details in section 9.
Example 1: For aluminum phosphide, the listed TPQ is 500 pounds. So if 500 pounds or more of aluminum phosphide is present at your facility, you must do chemical inventory reporting. You must also do chemical emergency planning notification if more than 500 pounds of aluminum phosphide is at your facility. This is because aluminum phosphide is regulated as an extremely hazardous substance.
Example 2: For methyl bromide, the listed TPQ is 1000 pounds. So if 500 pounds or more of methyl bromide is present at your facility, you must do chemical inventory reporting. You must also do chemical emergency planning notification if more than 1000 pounds of methyl bromide is at your facility. This is because methyl bromide is regulated as an extremely hazardous substance.
You should apply steps 1–3 for any other active ingredient in pesticides at your facility.
Some facility owners or operators might simplify or eliminate their reporting or notification responsibility by reducing their stock of pesticides, especially those that contain active ingredients assigned low TPQs. This would be easier to do for facilities where the amount of stored pesticides is already small to moderate. Storing less pesticide at a site also lowers the risk to the surrounding communities if a spill, leak, or fire were to occur.
7. Reportable Quantities and Threshold Planning Quantities
A reportable quantity (RQ) is a number representing pounds of a chemical classified as a hazardous substance. The U.S. Environmental Protection Agency chooses the RQ based on the substance’s toxicity, degradablility, and other properties.
A threshold planning quantity (TPQ) is a number representing pounds of a chemical substance classified as an extremely hazardous substance. The U.S. Environmental Protection Agency chooses the TPQ based on the substance’s toxicity, reactivity, volatility, dispersability, or flammability.
In the following table (page 8) is a list of RQs and TPQs for some (but not all) pesticide active ingredients. These are examples of low, medium, and high RQs and TPQs. The U.S. Environmental Protection Agency may change an RQ or TPQ so use the table below only for practice.
Check the RQ or TPQ of an active ingredient by either:
- Reviewing the material safety data sheet for the product containing the active ingredient. Look for it the “regulatory information” section, usually section 15; or
- Looking on the Internet. View a complete, up-to-date list of RQs and TPQs at this website: yosemite.epa.gov/oswer/lol.nsf/homepage
8. Release reporting
If the pounds of an active ingredient in your release triggers Hawaii’s requirement for release reporting (as explained in section 5), you must make both an initial (immediate) and a written (follow-up) report. See reference number 4 listed on page 13 for details. Following is a summary:
Initial (immediate) report
Give notification by telephone or in person to these three agencies:
- Local Emergency Planning Committee (LEPC) for the county where the release happened (see section 10)
- Hawaii State Emergency Response Commission (HSERC) (see section 10)
- National Response Center (see section 10)
Give as much of the following 14 items of information as possible. Do not delay if you cannot give all of the information at once. You can give missing information later in your written (follow-up) report.
- The name (trade and chemical) and chemical abstract service (CAS) registry number, if available, of the hazardous substance, pollutant, or contaminant which has been released;
- The approximate quantity of the hazardous substance, pollutant, or contaminant which has been released;
- The reportable quantity (RQ) or other notification threshold that is the basis for notification;
- The location of the release;
- A brief description of the release including the medium or media (for example, air, soil, or water) into which the release occurred or is likely to occur, and the cause of the release;
- The date, time, and duration of the release, and the date and time that the person in charge of the facility or vessel where the release occurred, obtained knowledge of the release;
- The source of the release;
- The name, address and telephone number of the caller;
- The name, address and telephone number of the owner and operator of the facility or vessel where the release has occurred;
- The name and telephone number of a contact person at the facility or vessel where the release has occurred;
- Measures taken or proposed to be taken in response to the release as of the time of the notification, and any appropriate information relating to the ability of the owner or operator of the facility or vessel where the release has occurred to pay for or perform any proposed or required response actions;
- The names of other federal, state, or local government agencies that have been notified of the release;
- Any known or anticipated acute or chronic health risks associated with the release and where appropriate, advice regarding medical attention necessary for exposed individuals; and
- Any other information which is relevant to assessing the hazard posed by the release, including but without limitation potential impacts to public health or welfare, or the environment.
In the case of a release that occurs in a transportation accident, dialing 911 or contacting the operator and reporting such a release will satisfy the initial emergency notification requirements. The responsible person also must give a written (follow-up) notice, as explained below. If a release of a hazardous substance poses an imminent or immediate threat to public health or the environment, dial 911 to request fire, police, or emergency medical service personnel response.
Written (follow-up) report
Give notification in writing. Include all the information you gave in the initial (immediate) notification. Also include information that you did not give in the initial (immediate) notification. The notice must be postmarked no later than 30 days after the initial discovery of the release.
9. Chemical emergency planning notification and inventory reporting
Notification requirement
If the number of pounds of an active ingredient present at your facility triggers Hawaii’s requirements for chemical emergency planning notification (as explained in section 6), you must notify these agencies in writing:
- Local Emergency Planning Committee (LEPC) for the county where the chemicals are located (see section 10)
- Hawaii State Emergency Response Commission (see section 10)
Two of the requirements are: (1) Your notification must say that your facility is subject to emergency planning provisions. (2) It should also name an “emergency planning coordinator” who will participate in the local emergency planning process. For details, see reference number 4 listed on page 13.
When the amount of pesticide at the facility triggers this notification requirement, there are no exceptions or exemptions from this requirement.
Inventory reporting
If the total pounds of an active ingredient present at your facility triggers Hawaii’s requirements for chemical inventory reporting (as explained in section 6), you must complete and submit your inventory to these agencies:
- Local Emergency Planning Committee (LEPC) for the county where the the facility is located (see section 10)
- Fire Department for the county where the facility is located (see section 10)
- Hawaii State Emergency Response Commission (HSERC) (see section 10)
You must use a special form called the Hawaii Chemical Inventory Form/Tier II. Get this form and the instructions from the HSERC (see section 10) or on the Internet at: http://eha-web.doh.hawaii.gov/eha-cma/Leaders/HEER/right-to-know-%28hepcra%29-compliance
(On that webpage, look under the heading HOW DO I REPORT?)
EXCEPTIONS: A pesticide is excluded from listing on Hawaii Chemical Inventory Form/Tier II if the pesticide is used in routine agricultural operations. Here is the complete list of exceptions:
- Any substance to the extent it is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer.
- Any substance to the extent it is used for personal, family, or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public.
- Any substance to the extent it is used in a research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual.
- Any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use.
- Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration.
These exceptions only apply to inventory reporting. They do not apply to the emergency planning notification requirement for a facility.
10. Telephone numbers and addresses for notification and reporting
The information below lists the agencies that should get any required reports and notifications. This page is a referenced from page 4
of the State of Hawaii Department of Heath memorandum dated January 14, 2004 (reference number 4 on page 14 of this guide).
NOTE: The full text from this image can be read below.
12 For more information
For updates, details, and clarification, contact the State of Hawaii’s lead agency:
Hazard Evaluation and Emergency Response Office
Hawaii Department of Health
919 Ala Moana Boulevard, Room 206
Honolulu, HI 96814
Telephone: 808-586-4294
Fax: 808-586-7537
Email: heer@eha.health.state.hi.us
Website: “HEPCRA Compliance Information”: www.hawaii.gov/health/environmental/hazard/hepcra.html
- From Maui (toll-free): 984-2400 ext 64249
- From Hawaii (toll-free): 974-4000 ext 64249
- From Kauai (toll-free): 274-3141 ext 64249
- From Molokai or Lanai (toll-free): (800) 468-4644 ext 64249
References
Emergency Response Law, Hawaii Revised Statutes, Chapter 128D. www.capitol.hawaii.gov/hrscurrent/ Vol03_Ch0121-0200D/HRS0128D/ (as viewed on 9/16/05).
Hawaii Emergency Planning and Community Right-to-Know Act, Hawaii Revised Statutes, Chapter 128E. www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0128E/HRS_0128E-.htm (as viewed on 9/16/05).
State Contingency Plan, Hawaii Administrative Rules, Chapter 11-451. www.hawaii.gov/health/about/ rules/11-451.pdf (as viewed on 9/16/05).
State of Hawaii Department of Heath memorandum dated January 14, 2004, “Hawaii Emergency Plan-ning and Community Right-to-Know Act Filing for the 1999 Reporting Year,” from Gary Gill to Facility Operators. www.hawaii.gov/health/environmental/hazard/pdf/instruct.pdf (as viewed on 9/14/05).
PRINTED VERSION of this webpage.
Pesticide Risk Reduction Education is a program of the College of Tropical Agriculture and Human Resources of the University of Hawaii at Manoa. It receives funding from the U.S. Environmental Protection Agency via the U.S. Department of Agriculture’s Pesticide Safety Education Program. Its staff provides study guides, short courses, and a newsletter for Hawaii’s applicators of restricted use pesticides. These education and training activities support the State of Hawaii Department of Agriculture’s program for certification of applicators of restricted use pesticide.
Pesticide Risk Reduction Education
https://cms.ctahr.hawaii.edu/epp/Home.aspx
Certification of Restricted Use Pesticide Applicators
http://hawaii.gov/hdoa/pi/pest/pesticide-applicator-certification-recertification
NOTE: Image text available here.
Hawaii State Department of Health
Hazard Evaluation and Emergency Response Office (HEER)
Hazardous Substance Release Notification and Inventory Guideline
Emergency Planning and Community Right to Know Act of 1986 §302, §304, §311, §312 and §313
Hawaii Emergency Planning and Community Right to Know Act §128E-6, §128E-7, §128E-9
The State Contingency Plan, Title 11 Chapter 451 Hawaii Administrative Rules §11-451-7
Comprehensive Environmental Response Compensation and Liability Act §103
The Hawaii State Emergency Response Commission (HSERC), the Local Emergency Planning Committee (LEPC), local Fire Department and the National Response Center (NRC) must receive the appropriate notification upon a covered chemical release and/or for routine inventories at the addresses and phone numbers listed in the section below: