The Emergency Planning and
Community Right-to-Know Act

The Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) establishes requirements for Federal, State and local governments, Indian Tribes, and industry regarding emergency planning and “Community Right-to-Know” reporting on hazardous and toxic chemicals. The Community Right-to-Know provisions help increase the public’s knowledge and access to information on chemicals at individual facilities, their uses, and releases into the environment. States and communities, working with facilities, can use the information to improve chemical safety and protect public health and the environment.


What Does EPCRA Cover?
EPCRA has four major provisions:

• Emergency planning (Section 301-303),
• Emergency release notification (Section 304),
• Hazardous chemical storage reporting requirements (Sections 311-312), and
• Toxic chemical release inventory (Section 313).

Information gleaned from these four provisions will help states and communities develop a broad perspective of chemical hazards for the entire community as well as for individual facilities. Regulations implementing EPCRA are codified in Title 40 of the Code of Federal Regulations, parts 350 to 372. The chemicals covered by each of the sections are different, as are the quantities that trigger reporting. Table 1 on the next page summarizes the chemicals and thresholds.


What Are Emergency Response Plans (Sections 301-303)?

Emergency Response plans contain information that community officials can use at the time of a chemical accident. Community emergency response plans for chemical accidents were developed under section 303. The plans must:

• Identify facilities and transportation routes of extremely hazardous substances;
• Describe emergency response procedures, on and off site;
• Designate a community coordinator and facility coordinator(s) to 
implement the plan;
• Outline emergency notification procedures;
• Describe how to determine the probable affected area and 
population by releases;
• Describe local emergency equipment and facilities and the persons responsible;
• Outline evacuation plans;
• Provide a training program for emergency responders 
(including schedules); and,
• Provide methods and schedules for exercising emergency response plans.

Planning activities of LEPCs and facilities initially focused on, but were not limited to, the 356 extremely hazardous substances listed by EPA. The list includes the threshold planning quantities (minimum limits) for each substance. Any facility that has any of the listed chemicals at or above its threshold planning quantity must notify the SERC and LEPC within 60 days after they first receive a shipment or produce the substance on site.


What Are the Emergency Notification
Requirements (Section 304)?
Facilities must immediately notify the LEPC and the SERC if there is a release into the environment of a hazardous substance that is equal to or exceeds the minimum reportable quantity set in the regulations. This requirement covers the 356 extremely hazardous substances as well as the more than 700 hazardous substances subject to the emergency notification requirements under CERCLA Section 103(a)(40 CFR 302.4). Some chemicals are common to both lists. Initial notification can be made by telephone, radio, or in person. Emergency notification requirements involving transportation incidents can be met by dialing 911, or in the absence of a 911 emergency number, calling the operator. This emergency notification needs to include:

• The chemical name;
• An indication of whether the substance is extremely hazardous;
• An estimate of the quantity released into the environment;
• The time and duration of the release;
• Whether the release occurred into air, water, and/or land;
• Any known or anticipated acute or chronic health risks associated 
with the emergency, and where necessary, advice regarding medical 
attention for exposed individuals;
• Proper precautions, such as evacuation or sheltering in place; and,
• Name and telephone number of contact person.

A written follow-up notice must be submitted to the SERC and LEPC as soon as practicable after the release. The follow-up notice must update information included in the initial notice and provide information on actual response actions taken and advice regarding medical attention necessary for citizens exposed.


What Are SERCs and LEPCs
The Governor of each state designated a State Emergency Response Commission (SERC). The SERCs, in turn, designated about 3,500 local emergency planning districts and appointed Local Emergency Planning Committees (LEPCs) for each district. The SERC supervises and coordinates the activities of the LEPC, establishes procedures for receiving and processing public requests for information collected under EPCRA, and reviews local emergency response plans. The LEPC membership must include, at a minimum, local officials including police, fire, civil defense, public health, transportation, and environmental professionals, as well as representatives of facilities subject to the emergency planning requirements, community groups, and the media. The LEPCs must develop an emergency response plan, review it at least annually, and provide information about chemicals in the community to citizens.

Table 1. EPCRA Chemicals and Reporting Threshold
  Section 302 Section 304 Section 311/312 Section 313
Chemicals Covered 356 Extremely Hazardous Substances >1,000 Substances 500,000 Products 650 Toxic Chemicals and Categories
Threshholds Threshold Planning Quantity 1 – 10,000 pounds on site at any one time Reportable Quantity, 1 – 5,000 pounds, released in a 24-hour period TPQ or 500 pounds for Section 302 chemicals; 10,000 pounds on site at any one time for other chemicals 25,000 pounds per year manufactured or processed; 10,000 pounds a year used; certain persistent bioaccumulative toxics have lower thresholds


What Are the Community Right-to-know
Requirements (Sections 311/312)?

Under Occupational Safety and Health Administration (OSHA) regulations, employers must maintain a material safety data sheet (MSDS) for any hazardous chemicals stored or used in the work place. Approximately 500,000 products have MSDSs. Section 311 requires facilities that have MSDSs for chemicals held above certain quantities to submit either copies of their MSDSs or a list of MSDS chemicals to the SERC, LEPC, and local fire department. If the facility owner or operator chooses to submit a list of MSDS chemicals, the list must include the chemical or common name of each substance and must identify the applicable hazard categories. These hazard categories are:

• Immediate (acute) health hazard;
• Delayed (chronic) health hazard;
• Fire hazard;
• Sudden release of pressure hazard; and
• Reactive hazard.

If a list is submitted, the facility must submit a copy of the MSDSs for any chemical on the list upon the request of the LEPC or SERC. Facilities that start using a chemical or increase the quantity to exceed the thresholds must submit MSDSs or a list of MSDSs chemicals within three months after they become covered. Facilities must provide a revised MSDS to update the original MSDS if significant new information is discovered about the hazardous chemical. Facilities covered by section 311 must, under section 312, submit annually an emergency and hazardous chemical inventory form to the LEPC, the SERC, and the local fire department. Facilities provide either a Tier I or Tier II form. Tier I forms include the following aggregate information for each applicable hazard category:

• An estimate (in ranges) of the maximum amount of chemicals for each 
category present at the facility at any time during the preceding calendar year;
• An estimate (in ranges) of the average daily amount of chemicals in 
each category; and,
• The general location of hazardous chemicals in each category.
The Tier II report contains basically the same information as the Tier I, but 
it must name the specific chemicals. Many states require Tier II 
information under state law. Tier II forms provide the following information 
for each substance:
• The chemical name or the common name as indicated on the MSDS;
• An estimate (in ranges) of the maximum amount of the chemical present 
at any time during the preceding calendar year and the average daily amount;
• A brief description of the manner of storage of the chemical;
• The location of the chemical at the facility; and
• An indication of whether the owner elects to withhold location information 
from disclosure to the public. 

Because many SERCs have added requirements or incorporated the Federal contents in their own forms, Tier I/II forms should be obtained from the SERC. Section 312 information must be submitted on or before March 1 each year. The information submitted under sections 311 and 312 is available to the public from LEPCs and SERCs. In 1999, EPA excluded gasoline held at most retail gas stations from EPCRA 311/312 reporting. EPA estimates that about 550,000 facilities are now covered by EPCRA 311/312 requirements.


Reporting Schedules
Section 302: One time notification to SERC

Section 304: Each time a release above a reportable quantity occurs; to LEPC 
and SERC

Section 311: One time submission; update only for new chemicals or information; to SERC, LEPC, fire department

Section 312: Annually, by March 1 to SERC, LEPC, fire department

Section 313: Annually, by July 1, to EPA and State


What is the Toxics Release Inventory (Section 313)?
EPCRA section 313 (commonly referred to as the Toxics Release Inventory or TRI) requires certain facilities (see box) to complete a Toxic Chemical Release Inventory Form annually for specified chemicals. The form must be submitted to EPA and the State on July 1 and cover releases and other waste management of toxic chemicals that occurred during the preceding calendar year. One purpose of this reporting requirement is to inform the public and government officials about releases and other waste management of toxic chemicals. The following information is required on the form:

• The name, location and type of business;
• Whether the chemical is manufactured (including importation), 
processed, or otherwise used and the general categories of use of 
the chemical;
• An estimate (in ranges) of the maximum amounts of the toxic chemical 
present at the facility at any time during the preceding year;
• Quantity of the chemical entering the air, land, and water annually;
• Off-site locations to which the facility transfers toxic chemicals in waste 
for recycling, energy recovery, treatment or disposal; and
• Waste treatment/disposal methods and efficiency of methods for each 
waste stream.

In addition, the Pollution Prevention Act of 1990 requires collection of information on source reduction, recycling, and treatment. EPA maintains a national TRI database, available on the Internet (see the Where Can I Find EPCRA Information? section for further details).


Who’s Covered by TRI?
The TRI reporting requirement applies to facilities that have 10 or more full-time employees, that manufacture (including importing), process, or otherwise use a listed toxic chemical above threshold quantities, and that are in one of the following sectors:
• Manufacturing (Standard Industrial Classification (SIC) codes 20 through 39)
• Metal mining (SIC code 10, except for SIC codes 1011,1081, and 1094)
• Coal mining (SIC code 12, except for 1241 and extraction activities)
• Electrical utilities that combust coal and/or oil (SIC codes 4911, 4931, 
and 4939)
• Resource Conservation and Recovery Act (RCRA) Subtitle C hazardous 
waste treatment and disposal facilities (SIC code 4953)
• Chemicals and allied products wholesale distributors (SIC code 5169)
• Petroleum bulk plants and terminals (SIC code 5171)
• Solvent recovery services (SIC code 7389)

"Consistently superior quality is the bench mark for all of our work."
Join Our Newsletter
E-Mail Address:

First Name:

Last Name:



Manage Subscriptions
 
   Updated: 02/14/2003  www.psara.com