Fact Sheet for SB 39
Hazardous Chemical Reporting

Reduces currrent requirements to no stricter than federal law.

What businesses face now:

  1. Local Municipal placarding reporting requirements (currently Municipality of Anchorage, Fairbanks, and Kenai Borough)
  2. State Fire Marshal placarding reporting requirements
  3. Emergency Planning and Community Right to Know reporting requirements (EPCRA)
  4. OSHA Hazard Communications Standard (MSDS sheets)
  5. Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA)
  6. Businesses, state agencies, etc., are required to report certain hazardous substances to local fire departments, local emergency planning committees, the state fire marshal's office, and to DEC on behalf of the State Emergency Response Commission.

The problem is that all of the above referenced laws have different substances and reporting thresholds.

What SB 39 does:

a) delete the fire marshal's ineffective placarding program (Division of Fire Prevention supports; division doesn't have the personnel to do this program.) Deleting the program deletes the requirement for business to report to State Fire Marshal.

b) modify substances and amounts currently required to be reported to municipalities to be the same as those required under EPCRA and CERCLA. Leaves door open to municipalities with their own placarding program to add substances to be reported if the municipality feels it is a public safety issue. This is done through a public process. Also the State Emergency Response Commission may add substances, but only after notifying facilities (this is current federal law).

c) Creates one form sent out by DEC to cover:

1) Municipal placarding reporting requirements

2) EPCRA/CERCLA reporting requirements to:

local fire departments

local emergency planning committees (LEPCs)

DEC for the SERC

NOTE: DEC currently sends out Tier II form for the EPCRA/CERCLA reporting.

d) While the bill doesn't specifically state it, the thought is that businesses could move to electronic filing with this one form; those needing the information (usually fire departments and LEPCs (all of this info is public whether on paper format or electronic); could download the info into their computers. Most fire departments and LEPCs received from the state computers and plume modeling software several years ago.

Senator Leman has been a member of Anchorage's Hazardous Materials Commission and is a past member of Anchorage's Local Emergency Planning Committee. He recognizes the morass of reporting requirements and is seeking to streamline the process. Please feel free to call me with questions about this bill - with all of the separate, underlying, interrelated reporting requirements it can be frustrating and confusing.

Annette Kreitzer, Aide to (907) 465-3844 PH
Senator Loren Leman (907) 465-3810 Fax (01/15/97)