On Aug. 18, Massachusetts received initial approval to be an OSHA-delegated state, meaning the Workplace Safety and Health Program for Public Employees in the Massachusetts Department of Labor Standards is now responsible for implementation of the Massachusetts State Plan.

The Massachusetts State Plan covers all state and local government workers in the state. It does not cover federal government workers. (For more information, visit www.osha.gov/stateplans/ma.)

Now that Massachusetts is an OSHA-delegated state, Emergency Planning and Community Right-To-Know Act requirements will apply to municipal, authority or state-owned and operated facilities.

On Dec. 13, at 10:30 a.m., the U.S. Environmental Protection Agency Region 1 will host a webinar to provide an overview of Emergency Planning and Community Right-to-Know Act reporting requirements for newly OSHA-delegated facilities in Massachusetts. (Click here to register.) (Those who cannot attend the live webinar are urged to register so they can receive a link to the recording. The EPA can only provide the recording to those who registered.)

The Emergency Planning and Community Right-To-Know Act establishes requirements for federal, state and local governments, Indian tribes, and industry regarding the emergency planning and reporting of hazardous and toxic chemicals stored on-site. Individual facilities are required to report annually on the presence and use of chemicals on-site in order to help states and communities improve chemical safety and protect public health and the environment.

Every March 1, facilities covered by EPCRA must submit an emergency and hazardous chemical inventory form (Tier II Report) for the previous calendar year to the Local Emergency Planning Committee or Tribal Emergency Planning Committee, the State Emergency Response Commission or Tribal Emergency Response Commission, and the local fire department.

Facilities will need to file an EPCRA Tier II form if the facility has any materials, chemicals and/or fuels above the EPCRA Tier II reporting thresholds of 10,000 pounds. In addition, many facilities may also have Extremely Hazardous Substances — a specific list with thresholds of 500 pounds or less.

Resources
• EPCRA website: www.epa.gov/epcra
• EPCRA Tier 2 reporting procedures and requirements for your state: www.epa.gov/epcra/state-tier-ii-reporting-requirements-and-procedures
• Tier2 Submit 2022 Software (available for download): www.epa.gov/epcra/tier2-submit-software
• EPA Region 1 four-part EPCRA video series: www.epa.gov/epcra/emergency-planning-and-community-right-know-act-epcra-workshops-new-england
• EPCRA Quick Reference Fact Sheet, Fall 2020: www.epa.gov/sites/production/files/2020-10/documents/epcra_quick_reference_fact_sheet.pdf
• Guide to EPCRA, Fall 2020: www.epa.gov/sites/production/files/2020-10/documents/guide_to_epcra.pdf

New England facilities may contact Len Wallace at Wallace.Len@epa.gov, EPA Region 1, 617-918-1835, or Janet Bowen at bowen.janet@epa.gov, EPA Region 1, 617-918-1795.

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