Businesses spend hour after hour and dollar after dollar each year on planning-strategic plans, safety plans, and organizational plans. The Superfund Amendments and Reauthorization Act (SARA) has the potential to affect many aspects of such plans, but, in relation to construction, it simply provides guidelines for contractors to follow. Mills realizing the importance of planning should feel comfortable requesting that their contractors not only meet the required SARA reporting, but also exceed the expectations of the law, expanding the reporting requirements and creating a strategy for what every mill hopes will not occur at its construction site.

A proactive approach assists mills in providing a safe work environment for its employees and its contractors' employees. Also, since SARA legislation allows local authorities to plan for disaster and provides awareness to residents concerning potentially dangerous chemicals, such cooperation can provide an effective public relations tool.

OVERVIEW OF SARA TITLE III. In 1986, SARA was ratified. Included in this legislation was Title III, a free-standing provision known as the Emergency Planning and Community Right-to-Know Act of 1986. EPCRA, or SARA Title III, establishes new guidelines for the following:

Emergency planning and notification. State and local governments must develop emergency response and preparedness capabilities with respect to extremely hazardous substances.

Community right-to-know. Facilities must inform local, state, and Federal officials about the type, amount, and location of certain chemicals they use.

Toxic chemical release reporting. Facilities must make information about releases of certain toxic chemicals available to the public.

TITLE III MAKES A DIFFERENCE. There are more than 7,000 chemicals on the list of reportable chemicals, including paints, flammable liquids, sealers, and explosives. However, before your contractor is required by law to report one of these chemicals, a specific quantity must be present at the job site.

Although only minimum quantities are noted for lawful reporting, information concerning the location of any flammable, combustible, or explosive can prove crucial in the event of an emergency. A classic example of the importance of reporting involves the Kansas City fire department's response to a fire in the late 1980s, before SARA ratification. In this situation, a construction site security guard telephoned an emergency response team when he spotted a raging fire. Unfortunately, the security guard and the fire department were unaware that one of the job trailers was packed with demolition explosives. When fire spread to the trailer, several firefighters were killed.

GOOD CORPORATE CITIZENS. The construction professional working on a mill project should be proactive in providing emergency teams the information required for response to emergencies on mill property. Supplying the following information to a local fire department shows not only good citizenship, but also common sense since it could save time, money, and even lives when the department is asked to respond to an emergency:

Emergency phone numbers.

Site maps identifying locations of potentially hazardous chemicals.

Lists of regulated chemicals (as defined by OSHA) and reportable chemicals (as defined by the EPA), along with their quantities. If requested, supply Material Safety Data Sheets to local emergency response agencies and SERB (State Emergency Response Boards), even if quantities are not high enough to require reporting by law.

Many times, local emergency response teams are enthused by such cooperation and will assist the contractor in setting up onsite storage and emergency response planning.

THE DOWN SIDE. If a drawback exists, it would have to be paperwork. However, SARA Title III does not necessarily have to become a paperwork nightmare.

For example, an agreement between the State of Wisconsin and the Wisconsin Chapter of the Associated General Contractors of America (AGC) has simplified the reporting process for contractors in that state, making it easier to comply. As part of the agreement, the Wisconsin AGC asks every contractor to participate regardless of reportable quantities. By merely filling out an abbreviated version of the reporting form, a contractor is in compliance. In fact, submission of plan reviews or inventory lists are not required. As long as contractors continue to comply and cooperate, the State allows these forms alone for reporting.

Mark Miner is safety services manager for C. R. Meyer and Sons Co., a national construction firm serving the pulp and paper industry for over 80 years. With a master's degree in safety and loss control and an under-graduate degree in education, Miner has trained and managed the safety aspects of construction for 13 years.