United States
Environmental Protection
Agency
Solid Waste And
Emergency Response
(OS-120)
EPA 550-F-93-002
January 1993
Series 9, No. 3
vvEPA SARA Title III Fact Sheet
Emergency Planning And
Community Right-To-Know Act
United States Environmental Protection Agency
Overview
The Emergency Planning and Community Right-to-Know Act of 1986 establishes requirements for
Federal, State and local governments and industry regarding emergency planning and "Community
Right-to-Know" reporting on hazardous and toxic chemicals. This law builds upon EPA's Chemical
Emergency Preparedness Program (CEPP) and numerous State and local programs aimed at helping
communities to better meet their responsibilities in regard to potential chemical emergencies. The
Community Right-to-Know provisions will help to increase the public's knowledge and access to
information on the presence of hazardous chemicals in their communities and releases of these chemi-
cals into the environment States and communities, working with facilities, will be better able to
improve chemical safety and protect public health and the environment
Nothing in this document should be construed to indicate that EPA has detenmned states have Tide
ffl authority over Indian reservations. For purposes of this document, definition of the terms "State"
and "Governor" includes "Indian Tribe" and 'Tribal Chairman." EPA has issued a final rule on July
26,1990, regarding the application of the Emergency Planning and Community Right-to-Know law to
Indian lands.
The Emergency Planning and Community Right-to-Know Act (also known as SARA Title m or
EPCRA) provisions has four major sections: emeigency planning (Section 301-303), emergency
release notification (Section 304), community Right-to-Know reporting requirements (Sections 311
312) and toxic chemical release inventory (Section 313). Information from these four reporting require-
ments will help States and communities develop a broad perspective of chemical hazards for the entire
community as well as for individual facilities.
Section 301-303:
Emergency Planning
The emergency planning sections are designed to
develop State and local governments' emergency
response and preparedness capabilities through
better coordination and planning, especially within
the local community.
State Emergency Response Commission
The Emergency Planning and Community Right-
to-Know Act required the Governor of each state to
designate a State Emergency Response Commis-
sion (SERQ. Many SERCs include public agen-
cies and departments concerned with issues relating
to environment, natural resources, emergency
services, public health, occupational safety, and
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pulemakinas in the Federal Register
pril22. 1987
)ctobcr 15, 1987
December 17. 1987
February 16, 1988
February 25, 1988
uly 29, 1988
anuary 23, 1989
January 26, 1989
July 24. 1990
July 26.1990
August 27, 1990
September 25,1991
301-303 EPA published final List of Extremely
Hazardous Substances and Threshold
Planning Quantities as well as Final
Rule for Sections 302, 303, and 304 of
the law.
311-312 EPA published final format for
emergency inventory forms and
reporting requirements as well as the
Final Rule for Section! 311 and 312
of the law.
301-303 EPA published a Final Rule delating
four chemicals from the Extremely
Hazardous Substance List
313 EPA published the final Toxic
Chemical 5 Hrase forms and
instructior well as the Final Rule
for Section j> 13 of the law.
301 -303 EPA published a Final Rule delisting
36 chemicals from the Extremely
Hazardous Substance List
322 EPA published a Final Rule governing
trade secret claims.
301-303 EPA published a Proposed Rule
designating several Extremely
Hazardous Substances as CERCLA
Hazardous Substances.
325 EPA published a Proposed Rule
governing policies and procedures for
Citizens Suits under the law.
304 EPA published a Final Rule for the
continuous release reporting
regulation, under which the SERCs
and LEPCs will receive both initial
telephone notifications and written
reports about the continuous releases.
311-312 EPA published a Final Rule on the
reporting requirements for Sections
311 and 312.
301-304 EPA published an Advanced Notice
of Proposed Rulemaking seeking
comments on a proposal to specify
criteria that would be used to add
chemicals to the Extremely Hazardous
Substances list.
313 EPA published a proposed rule on the
additional requirements under Section
313 as mandated by the Pollution
Prevention ACL
NOTE: Th« middle column denotes the section of the Title III law which applies to
the rulemaklngs In the Federal Register. These are not all-inclusive.
transportation. Also, interested
public and private sector groups
and associations with experience in
emergency planning and Commu-
nity Right-to-Know issues may be
included in the State commission.
At this time, all governors have
established SERCs.
The SERC must also have desig-
nated local emergency planning
districts and appointed Local
Emergency Planning Committees
(LEPQ for each district SERCs
have designated over 4,000 local
districts. Thirty-five State commis-
sions chose counties as the basic
district designation (often with
separate districts for municipalities)
and ten SERCs designated substate
planning districts. The SERC is
responsible for supervising and
coordinating the activities of the
LEPQ for establishing procedures
for receiving and processing public
requests for information collected
under other sections of SARA Title
HI, and for reviewing local emer-
gency plans.
Local Emergency Planning
Committees
This LEPC must include, at a
minimum, elected state and local
officials, police, fire, civil defense,
public health professionals, envi-
ronmental, hospital, and transporta-
tion officials as well as representa-
tives of facilities subject to the
emergency planning requirements,
community groups, and the media.
As soon as facilities are subject to
the emergency planning require-
ments, they must designate a
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2 Emergency Planning and Community Right-to-Know Fact Sheet
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representative to participate in the planning
process.
The LEPC is required to complete a number of
tasks, including establishing rules, giving public
notice of its activities, and establishing procedures
for handling public requests for information;
however, the LEPC's primary responsibility is to
develop an emergency response plan by October
17,1988 and review it at least annually thereafter.
In developing this plan, the LEPC evaluates avail-
able resources for preparing for and responding to a
potential chemical accident. The plan must:
* identify facilities and transportation routes of
extremely hazardous substances;
describe emergency response procedures, on-
site and off-site;
designate a community coordinator and facility
coordinators) to implement the plan;
outline emergency notification procedures;
describe methods for determining the occur-
rence of a release and the probable affected area
and population;
describe community and industry emergency
equipment and facilities and identify the persons
responsible for them;
outline evacuation plans;
describe a training program for emergency
response personnel (including schedules); and,
present methods and schedules for exercising
emergency response plans.
Emergency Response Plans
In order to assist the LEPCs in preparing and
reviewing plans, Congress required the National
Response Team (NRT), composed of 15 Federal
agencies with emergency response responsibilities,
to publish guidance on emergency response plan-
ning. This guidance, the "Hazardous Materials
Emergency Planning Guide, (NRT-1)" was pub-
lished by the NRT in March 1987. In 1990, the
NRT also published "Developing a Hazardous
Materials Exercise Program: A Handbook for State
and Local Officials (NRT-2)" to help assist SERCs
and LEPCs exercise their emergency response
plans.
The emergency response plan must be initially
reviewed by the SERC and, at least, annually by
the LEPC. Regional Response Teams (RRTs),
composed of federal regional officials and state
representatives, may review the plans and provide
assistance to the LEPCs upon request by the SERC
or LEPC.
Planning activities of LEPCs and facilities should
be initially focused on, but not limited to, the 360
extremely hazardous substances published in the
Federal Register. Plans should be comprehensive,
addressing all hazardous materials of concern and
transportation as well as fixed facilities. The list
includes the threshold planning quantities (mini-
mum limits) for each substance (see Code of
Federal Regulations (CFR) Pan 40, Section 355).
Through rulemaking, EPA can revise the list and
threshold planning quantities based on the toxicity,
reactivity, volatility, dispersability, combustibility,
or flammability of a substance.
Any facility that has present any of the listed
chemicals in a quantity equal to or greater than its
threshold planning quantity is subject to the emer-
gency planning requirements. In addition, the
SERC or the Governor can designate additional
facilities, after public comment, to be subject to
these requirements. Covered facilities must notify
the SERC and LEPC that they are subject to these
requirements within 60 days after they begin to
have present any of the extremely hazardous
substances in an amount equal to or in excess of
threshold planning quantities.
Emergency Planning and Community Right-to-Know Fact Sheet 3
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In addition, the SERC must notify the EPA re-
gional office of all facilities subject to the emer-
gency planning requirements, including facilities
designated by the SERC or the governor.
Section 304:
Emergency Notification
Facilities must immediately notify the LEPCs and
the SERCs likely to be affected if there is a release
into the environment of a hazardous substance that
exceeds the reportable quantity for that substance.
Substances subject to this requirement are those on
the list of 360 extremely hazardous substances as
published in Federal Register (40 CFR 355) as well
as the more than 700 hazardous substances subject
to the emergency notification requirements under
CERCLA Section 103(a) (40 CFR 302.4). SfllDfi
chemicals are common to both lists. The CERCLA
hazardous substances also require notification of
releases to the National Response Center (NRC),
which alerts federal responders.
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 lane,
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.
Section 304 also requires a written follow-up
emergency notice as soon as practicable after the
release. The follow-up notice or notices must
Update information included in the initial
notice, and
Provide information on
- actual response actions taken; and
- advice regarding medical attention necessary
for exposed individuals.
If LEPCs are not yet formed, releases should be
reported to appropriate local response officials.
Section 311-312:
Community Right-to-Know Requirements
There are two Community Right-to-Know report-
ing requirements within the Emergency Planning
and Community Right-to-Know ACL Section 311
requires facilities that must prepare material safety
data sheets (MSDS) under the Occupational Safety
and Health Administration (OSHA) regulations to
submit either copies of their MSDSs or a list of
MSDS chemicals to:
TheLEPC,
The SERC, and,
The local fire department with jurisdiction over
the facility.
4 Emergency Planning and Community Right-to-Know Fact Sheet
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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 arc:
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 MSDS for any chemical on the list upon the
request of the LEPC or SERC. Also, EPA has
established threshold quantities for hazardous
chemicals below which no facility must report
The current thresholds for Section 311 are:
For extremely hazardous substances: 500
pounds or the threshold planning quantity,
whichever is lower.
For all other hazardous chemicals: 10,000
pounds.
The initial submission of the MSDSs or a list of
MSDS chemicals was due on October 17,1987, or
three months after the facility is required to prepare
or have available an MSDS under OSHA regula-
tions. Currently, OSHA regulations require all
employers to have or prepare MSDSs for their
chemicals. Under the Emergency Planning and
Community Right-to-Know statute, facilities newly
covered by the OSHA regulations must submit
MSDSs or a list of MSDS chemicals within three
months after they become covered
An MSDS or a revised list must be provided when
new hazardous chemicals become present at a
facility in quantities at or above the established
threshold levels after the deadline. A revised
MSDS must be provided to update the original
MSDS if significant new information is discovered
about the hazardous chemical.
Reporting under section 312 requires a facility to
submit an emergency and hazardous chemical
inventory form to the LEPC, the SERC, and the
local fire department with jurisdiction over the
facility. Hazardous chemicals covered by section
312 are those for which facilities are required to
prepare or have available an MSDS under OSHA's
Hazard Communication Standard and that were
present at the facility at any time during the previ-
ous calendar year above specified thresholds.
The specific threshold quantities established by
EPA for Section 312 for hazardous chemicals,
below which no facility must report, are:
For extremely hazardous substances: 500
pounds or the threshold planning quantity,
whichever is lower.
For all other hazardous chemicals: 10,000
pounds.
The inventory form incorporates a "two-tier"
approach. Under Tier I, facilities must submit the
following aggregate information for each appli-
cable 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 n report contains basically the same
information as the Tier I, but it must name the
Emergency Planning and Community Right-to-Know Fact Sheet 5
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specific chemical If requested by an LEPC, SERC,
or local fire department, the facility must provide
the following Tier n information for each sub-
stance subject to the request:
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,
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.
EPA published a uniform format for the inventory
forms on October 15,1987. However, because
many state commissions have additional require-
ments or have incorporated the federal contents in
their own forms, Tier I/Q forms should be obtained
from the SERC. The Tier I information must be
submitted for covered facilities on or before March
1 annually.
The Tier n form may be sent by the facility instead
of a Tier I form. EPA believes that Tier H reports
provide emergency planners and communities with
more useful information and encourages facilities
to submit Tier n forms. The public may also
request Tier n information from the SERC and the
LEPC. The information submitted by facilities
under Sections 311 and 312 must generally be
made available to the public by LEPCs and SERCs
during normal working hours.
Section 313:
Toxic Chemical Release Reporting
Section 313 of the Emergency Planning and
Community Right-to-Know Act of 1986 requires
EPA to establish an inventory of routine toxic
chemical emissions from certain facilities. Facili-
ties subject to this reporting requirement are
required to complete a Toxic Chemical Release
Inventory Form (Form R) for specified chemicals.
The form must be submitted to EPA and those state
officials designated by the governor annually on
July 1. These reports should reflect releases during
the preceding calendar year.
The purpose of this reporting requirement is to
inform the public and government officials about
routine releases of toxic chemicals to the environ-
ment It will also assist in research and the devel-
opment of regulations, guidelines, and standards.
The reporting requirement applies to owners and
operators of facilities that have 10 or more full-time
employees, that are in Standard Industrial Classifi-
cation (SIC) codes 20 through 39 (i.e., manufactur-
ing facilities) and that manufacture (including
importing), process, or otherwise use a listed toxic
chemical in excess of specified threshold quanti-
ties.
Facilities manufacturing or processing any of these
chemicals in excess of 25,000 pounds are required
to submit the form by July 1st of the following
calendar year. Facilities otherwise using listed
toxic chemicals in quantities over 10,000 pounds in
a calendar year are required to submit toxic chemi-
cal release forms by July 1 of the following calen-
dar year. EPA can revise these threshold quantities
and covered SIC codes.
The list of toxic chemicals subject to reporting
consisted initially of chemicals listed for similar
reporting purposes by the States of New Jersey and
Maryland. There are over 300 chemicals and
categories on these lists. Through rulemaking,
EPA can modify this combined list (a current toxic
chemical list may be obtained through the EPCRA
hotline, see page 9).
The final Toxic Chemical Release Form and
regulations were published in the Federal Register
6 Emergency Planning and Community Right-to-Know Fact Sheet
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on February 16,1988. (NOTE: EPA has revised
and updated the Toxic Chemical Release Form
since that time.) The following information is
required on the form:
The name, location and type of business;
Off-site locations to which the facility transfers
toxic chemicals in waste for recycling, energy
recovery, treatment or disposal;
Whether the chemical is manufactured (includ-
ing importation), processed, or otherwise used
and the general categories of use of the chemi-
cal;
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 each
mediumair, land, and waterannually;
Waste treatment/disposal methods and effi-
ciency of methods for each waste stream;
Source reduction and recycling activities; and,
A certification by a senior facility official that
the report is complete and accurate.
Reports are sent to EPA and designated state
agencies. EPA established and maintains a na-
tional toxic chemical inventory based on the data
submitted The public is able to access this na-
tional database and obtain the data through other
means. See the Public Access Section of this
document for further details.
Pollution Prevention Law
requirements include reporting of the following
information:
Amounts released or disposed on-site or off-
site, the quantities from the previous year, the
quantities anticipated for the next two years;
Amounts recycled on-site and sent off-site for
recycling, the quantities from the previous
year, the quantities anticipated for the next two
years;
Amounts treated on-site and sent off-site for
treatment, the quantities from the previous
year, and the quantities anticipated for the
next two years;
Amounts used for energy recovery on-site and
sent off-site, quantities from the previous year,
and the quantities anticipated for the next two
years;
Types of source reduction practices imple-
mented and the techniques used to identify
those practices;
Methods of recycling used on-site;
Production ratio or activity index to track
changes in the level of economic activity at a
facility; and,
Amount of releases resulting from one-time
events not associated with production pro-
cesses.
Other SARA Title III Provisions
Trade Secrets
The Pollution Prevention Act of 1990 has signifi- Section322of^tteEn^eiKy Planning and
candy expanded the Toxics Release Inven JT Tl ^T, "^ ***
rrnn T. 11 ^ i secrets as they apply to emergency planning,
(TRI). It requires collection of mandatory informa- ^ o- I;* v * u ,
* . ,. , J Community Rignt-to-Know, and toxic chemical
Qon on source reduction, recycling, and treatment i A f .,- ... ;vai
»v»m««in«, «* tv, loo/ ~L «»ui*m ^IQ^^ reporting. A facility may withhold the
beginning with the 1991 reporting year. The new /- f . ,., . , . . , ,T
t~ s y specific chemical identity on these submittals. No
Emergency Planning and Community Right-to-Know Fact Sheet 7
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trade secrets are allowed to be claimed under
Section 304 of the statute. The withholder must
show that:
The information has not been disclosed to any
person other than a member of the local plan-
ning committee, a government official, an
employee of the withholder or someone bound
by a confidentiality agreement; measures have
been taken to protect the confidentiality; and the
withholder intends to continue to take such
measures;
The information is not required to be disclosed
to the public under any other Federal or State
law;
Disclosure of the information is likely to cause
substantial harm to the competitive position of
the withholder, and,
The chemical identity is not readily discoverable
through reverse engineering.
However, even if chemical identity information can
be legally withheld from the public, section 323
provides for disclosure of this information to health
professionals who need the information for diag-
nostic and treatment purposes or local health
officials who need the information for prevention
and treatment activities. In non-emergency cases,
the health professional receiving the information
must sign a confidentiality agreement with the
facility and provide a written statement or need In
medical emergency situations, the health profes-
sional must, if requested by the facility, provide
these documents as soon as circumstances permit
Information claimed as a trade secret and substan-
tiation for that claim must be submitted to EPA.
More detailed information on the procedure for
submitting trade secrecy claims can be found in the
trade secrets final rule, published in the Federal
Register, July 29,1988 (40 CFR 350). Any person
may challenge trade secret claims by petitioning
EPA. The Agency must then review the claim and
rule on its validity.
The trade secret regulations cover the process for
submission of claims, petitions for disclosure, and
the review process for petitions.
SARA Title m Penalties
Section 325 of the Emergency Planning and
Community Right-to-Know Act addresses the
penalties for failure to comply with the require-
ments of this law. Gvil and administrative penal-
ties ranging up to $10,000-$75,000 per violation or
per day per violation can be assessed to facilities
that fail to comply with the emergency planning
(section 302), emergency notification (section 304),
Community Right-to-Know (sections 311 and
312), toxic chemical release (section 313), and
trade secret (Sections 322 and 323) reporting
requirements.
Criminal penalties up to $50,000 or five years in
prison may also be given to any person who
knowingly and willfully fails to provide emergency
release notification. Penalties of not more than
$20,000 and/or up to one year in prison may be
given to any person who knowingly and willfully
discloses any information entitled to protection as a
trade secret In addition, section 326 allows citi-
zens to initiate civil actions against EPA, state
emergency response commissions, and/or the
owner or operator of a facility for failure to meet
the requirements of the emergency planning and
Community Right-to-Know provisions. A state
emergency response commission, local emergency
planning committee, state or local government may
institute actions against facility owner/operators for
failure to comply with Tide ffl requirements. In
addition, states may sue EPA for failure to provide
trade secret information.
Training Grants
Section 305(a) of the Emergency Planning and
Community Right-to-Know Act authorized the
8 Emergency Planning and Community Right-to-Know Fact Sheet
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Federal Emergency Management Agency to
provide $5 million for each of fiscal years 1987,
1988,1989, and 1990 for training grants to support
state and local governments. These training grants
continue to be funded past 1990. These training
grants are designed to improve emergency plan-
ning, preparedness, mitigation, response, and
recovery capabilities. Such programs must provide
special emphasis to hazardous chemical emergen-
cies. The training grants may not exceed 80
percent of the cost of any such programs. The
remaining 20 percent must come from non-federal
sources. These training grants are coordinated
within each state by the state emergency response
commission.
Public Access
Section 324 of the Emergency Planning and
Community Right-to-Know Act provides for public
access to information gathered under this law.
Under this section, all material safety data sheets,
hazardous chemical inventory forms, toxic chemi-
cal release inventory forms, toxic chemical release
form follow-up emergency notices, and the emer-
gency response plan must be made available during
normal working hours by the SERC and LEPC. In
order to inform the public of the availability and
location of the information provided to the LEPC,
the LEPC must publish a notice annually in the
local newspaper.
In addition, Toxic Release Inventory (Section 313)
information collected by EPA is available by
telecommunications and other means. This infor-
mation can be accessed through a variety of
sources. Each year, EPA releases a printed report
summarizing the information that was submitted
for the annual Toxic Release Inventory. A comput-
erized on-line database of the Toxic Release
Inventory data is available through the National
Library of Medicine's TOXNET on-line system 24
hours a day. The complete Toxic Release Inven-
tory on magnetic tape is available from the Na-
tional Technical Information Service (NTIS) and
the Government Printing Office (GPO). The 1987
TRI and pertinent Hazardous Substance Fact
Sheets containing reference material on the health
and ecological effects of the regulated substances is
available on CD-ROM from both NTIS and GPO.
Also available through NTIS and GPO are floppy
diskettes containing state specific Toxic Release
Inventory information. Interested parties may view
the 1987 Toxic Release Inventory data on micro-
fiche at selected Federal Depository and public
libraries. The list of libraries is also available from
NTIS and GPO. Both state and national sets of
microfiche can also be purchased from NTIS and
GPO. Most of these products are updated on an
annual basis; therefore be sure to indicate which
year's TRI data you would like.
For general information contact the Emergency Planning and Community
Right-to-Know Information Hotline:
Hotline: 1-800-535-0202 (TDD number for the hearing impaired: 703-553-
7672)
Hours: 8:30 am - 7:30 pm (Eastern Time)
Monday -Friday
This is NOT an emergency number
For on-line access to the Toxic Release Inventory on TOXNET, call:
National Library of Medicine
Specialized Information Service
(301)496-6531
Emergency Planning and Community Right-to-Know Fact Sheet 9
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Related Legislation
The Oil Pollution Act (OPA) of 1990 includes na-
tional planning and preparedness provisions for oil
spills that are similar to SARA Title ffl provisions for
extremely hazardous substances. Plans are to be
developed at the local, State and federal levels. The
OPA offers an opportunity for LEPCs to coordinate
their Tide ffl plans with area and facility oil spill plans
covering the same geographical area.
The Hazardous Materials Transportation Uniform
Safety Act (HMTUSA) includes funding grants to
States for planning and hazmat training, as well as
requiring the development of a national curriculum
for training for responders. States must certify that
they are complying with SARA Tide m sections 301
and 303, and must pass through at least 75 percent of
theirplanning grantdirectly to LEPCs; training grants
to States and Indian tribes are to be used for training
public sector employees in hazmat response and 75%
of the training grant money must go to benefit the
local responders.
The Clean Air Act Amendments require the EPA and
the Occupational Safety and Health Administration
(OSHA) to develop regulations for chemical safety
management Facilities that have certain cherr -als
above specified threshold quantities will be required
to develop a system to identify and evaluate hazards
and manage those hazards safely. Information facili-
ties develop on their hazards must be submitted to
States and local emergency planners and available to
the public.
The Pollution Prevention Act represents a fundamen-
tal shift in the traditional approach to pollution con-
trol Instead of concentrating on the treatment and
disposal of wastes, it focuses on source reduction.
Specific provisions affect section 313 reporting and
are described above.
10 Emergency Planning and Community Right-to-Know Fact Sheet
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Chemical Lists Associated With
Emergency Planning and Community Right-to-Know
List
Section
Purpose
List of Extreel
Substances
(40 CFR 355)
§302: Emergency Planning
§304: Emergency Notification
§311/312: Material Safety Data
Sheets and Emergency In-
ventory
Facilities with more than thresholc
planning quantities of these sub-
stances must notify the SERC and
LEPC
Initial focus for preparation of
emergency plans by local emer-
gency planning committees.
Certain releases of these substances
in excess of the reportable quantity
(RQ) trigger section 304 notifica-
tion to SERC and LEPC.
Separate and lower thresholds are
established for these substances of
concern for the MSDS and Tier VII
(section 311/312) reporting re-
quirements.
Substances requiring notification
under Section 103 (a) of CERCLA
(40 CFR 302.4)
§304: Emergency Notification
Certain releases of these substances
in excess of the RQ trigger section
304 notification toSERCon^LEPC
as well as section 103(a) require-
ments for National Response Cen-
ter notification.
physical or health hazards under
OSHAs Hazard Communication
Standard (29 CFR 1910,1200) (This
is a performance standard; there is no
list of chemicals.)
§304: Emergency Notification
§311: Material Safety Data Sheets
§312: Emergency and Hazardous
Chemical Inventory
Identifies facilities subject to
emergency notification require-
ments.
MSDS or list of MSDS chemicals
provided by covered facilities to
SERC, LEPC and local fire depart-
ments.
Tier I/n hazardous chemical in-
ventory forms must be provided by
facilities to SERC, LEPC and local
fire departments.
Toxic Chemicals
(More than 300 chemicals and
categories)
(40 CFR 372)
§313: Toxic Chemical Release
Reporting
These chemicals are reported on a
Toxic Release Inventory to inform
government officials and the pub-
lic about the release of toxic chemi-
cals into the environment.
Emergency Planning and Community Right-to-Know Fact Sheet 11
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