IKF3958
1.A87
1989
United States
Environmental Protection
Agency
September 198BI
Solid Waste And Emergency Response (OS-12C)
When All Else Fa
Enforcement Of 1
Emergency Plann
And Community
Right-To-Know A
A Self Help Manual
For Local
Emergency Planning
Committees
530R89118
Printed on Recycled Paper
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U S Environmental Protection Agency
Region 5.Library (PL-12J)
77 West Jackson Boulevatd, 12th Floor
Chicago, IL 60604-3590
Does your emergency plan
address the key preparedness
problems in your area? Do your first
responders know what chemical
hazards they face when arriving at
he scene of an emergency? Has
missing information limited your
emergency preparedness? Have all
affected facilities reported? What
steps are you planning to take in the
uture to improve emergency
Dreparedness? What can you do to
ensure that facilities are complying
with the law?
During the next few years, many
Jocal Emergency Planning
Committees (LEPCs) will look to
mprove the quality of their
communities' chemical emergency
response plans and to reduce
:hemical risks. One of the most
significant ways to improve overall
Dlanning is to ensure that all the
acilities have reported and, where
appropriate, are participating in the
emergency planning process. Only
hen can the local community
completely understand and prepare
'or potential chemical accidents.
The Emergency Planning and
Community Right-to-know Act
EPCRA or SARA Title III) grants
ipecific state and local authority to
•equest information from facilities
ind to take enforcement actions in
hose situations where voluntary
:ompliance has not occurred. This
mmphlet contains information on
lese authorities and provides tips
o help LEPCs ensure that facilities
:overed by SARA Title III are
;omplying with the law. The
naterial presented outlines the
nforcement authorities granted to
itizens, local governments, States,
nd EPA.
Under this law, facilities that
store extremely hazardous
substances are required to report the
presence of those substances and
participate in the planning process.
Your experience may indicate that
there are facilities in your
community that have not yet come
forward with the required
information. As an LEPC, you have
many options for promoting
voluntary compliance or compelling
compliance.
What is the role of the LEPC in
obtaining compliance? This question
can only be answered by the LEPC
itself. The Act offers many
opportunities and obligations. It also
provides enforcement mechanisms.
In addition, citizens may compel you
to obtain information for them. How
actively you choose to pursue these
opportunities or how you will
respond to citizen inquiries will
depend on your situation. As you
work to implement the program,
you will find that some facilities
have not complied with the law.
There will be two main reasons.
Either the facility was unaware that
it was subject to the law, or the
facility simply did not report based
on the assumption it would not be
found and penalized. As LEPCs,
1
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you may find the lack of cooperation
from some facilities frustrating. You
can do something about it — you
have options. You may want to take
an enforcement action or work with
the State and EPA to enforce the
provisions of the Act.
What is the role of the SERC?
Under SARA Title III, the State
Emergency Response Commission
(SERC) is the focal point for
emergency planning at the State
level. You should look upon your
SERC as a resource that can provide
support. The law requires SERCs to
provide oversight and coordination
of LEPCs. They will be able to serve
as your link to State law
enforcement and emergency
management offices. They should
also be your link to the federal
government (i.e., EPA) for
enforcement requests.
Why does facility noncompliance
matter? Facility compliance with
reporting requirements is central to
what the Act is all about: emergency
preparedness and right-to-know.
Since the enactment of SARA Title
III in 1986, LEPCs across the country
have spent considerable time and
energy assessing the chemical
hazards in their communities. To a
great degree, this planning has
enhanced the safety of the
emergency responders and citizens
of the community. Yet, many
facilities still present unnecessary
risks to those who arrive first on the
scene of a chemical accident and to
the community by not providing the
required information on chemical
use and storage. The quality of your
plan may be compromised by the
missing information. The safety of
your local fire fighters may be in
jeopardy because a facility has not
complied. Additionally, a facility
that refuses to cooperate or that fails
to report denies you and citizens in
your community your legal right to
have that information.
How can compliance be achieved?
In the context of SARA Title III and
the local emergency planning
committees, encouraging compliance
can include many types of activities—
from outreach to enforcement.
LEPCs can work with local
organizations such as Chambers of
Commerce to get the message out to
small businesses, as well as large
companies, to encourage their
compliance. Site visits and
community meetings may be
helpful. LEPCs, SERCs, State and
local governments, and citizen
groups can use informal mechanisms
such as warning letters and are
given authority to file civil
enforcement actions in the U.S.
District Courts. The Act provides,
and State and local laws may further
provide, other mechanisms to be
used by State and local committees
to compel facility compliance with
the law. Knowledge of your
authorities under the law will help
you in your efforts to gain the
cooperation you need.
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Where To Start-
Education And Outreach
The process of improving facility
compliance may involve four steps:
outreach to inform facilities of
requirements; identification of
facilities required to report;
communication, education and
persuasion; and enforcement actions
where necessary.
Everyone prefers that faclilities
comply voluntarily. Voluntary
compliance depends, in part, on
efforts made to educate local facility
owners about the Act, its reporting
requirements, and how the
information collected can benefit the
community. Enlisting the local news
media, cable television stations, fire
departments, the Chamber of
Commerce, local Rotary clubs and
any other business organizations is a
starting point. Speaking to meetings
of these groups and using their
newsletters can help get the message
out effectively and inexpensively.
Some LEPCs have conducted
extensive letter-writing campaigns.
Others have visited facilities and
spoken directly to the owners about
their reporting obligations. Once
owners learn of their reporting
obligations, most will provide the
necessary information quickly and
accurately.
What Next —
Identifying And Persuading
Noncompliers
To reach facilities that are not
complying, you can use general
outreach or target your efforts to
facilities that may be covered.
Unfortunately, no comprehensive set
of data exists that will identify every
facility that is required to comply.
However, sources of information
such as water permits, air permits,
SARA Title III §313 toxic release
inventory reports, and other data
housed by your State or local
authorities (e.g., hazardous materials
permits) may help to identify
facilities potentially required to
report. Working in coordination with
local fire departments will also help
identify facilities that store large
quantities of chemicals.
In addition, EPA has developed a
cross-listing of Standard Industrial
Classification (SIC) Codes and the
SARA Title III §302 extremely
hazardous substances (EHS). This
list, together with county or city
specific information on businesses,
should aid in identifying facilities
that may be required to report under
the planning provisions. Contact
your SERC for copies of the SIC
code/EHS cross-listing.
When you identify a facility that is
out of compliance, what are your
options? Direct contact with the
facility owner or operator may be
the easiest and most effective way to
persuade the facility to comply. If
the facility comes into compliance
and the LEPC has received all the
information it needs, no further
action may be necessary. However,
if the LEPC is unsatisfied with the
results of its efforts or the facility
refuses to comply, the LEPC may
want to take further action.
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What tools does the law provide to
help the LEPC obtain information
from a facility? Two provisions in
SARA Title III authorize the LEPC to
obtain information from facilities. If
the LEPC needs additional
information from a facility to assist
the LEPC in its planning, the
authority of SARA Title III §303(d)(3)
can be used. Section 303(d)(3)
requires facilities to promptly
provide information the LEPC
deems necessary for developing and
implementing its emergency
response plan. This authority is
broad in the sense that it may be
used to obtain a variety of
information related to the identity
and location of extremely hazardous
substances, existence of facility
emergency plans, and additional
information needed to develop the
LEPC plan.
Section 303(d)(3) is an enforceable
provision. Failure to comply with
the LEPC request could result in a
penalty of up to $25,000 per day. An
LEPC should document the
information request in a letter to the
company. The request letter should:
be sent to the owner or operator;
cite the authority the LEPC has to
request information (§303(d)(3)); be
as specific as possible regarding the
information requested; allow the
facility a reasonable amount of time
in which to reply (e.g., 30 days); and
inform the facility owner or operator
that failure to comply with the
request is a violation of the law
which could result in a $25,000 per
day penalty. LEPCs should consider
the use of certified mail (return
receipt requested) for these requests.
Many facilities required to report
under the planning provisions are
also covered by SARA Title III §312.
Under §312, covered facilities must
report to the SERC, LEPC, and fire
department annually (every March
1) their inventories of hazardous
chemicals. Section 312 also
authorizes the SERC, LEPC, or a fire
department to request information
from a facility. Specifically, §312(e)
authorizes these groups to request
chemical specific forms on
hazardous chemicals present at the
facility above (§312(e)(3)(B)) or below
(§312(e)(3)(C)) the 10,000 pound
threshold.
Section 312(e) can be a powerful
tool to get information from facilities
that have not been cooperating with
the LEPC. Like §303(d)(3), this, too, is
an enforceable provision. If the
owner or operator fails to provide
the information, he or she may be
liable for a penalty of up to $25,000
per violation per day.
As with other requests made of a
facility, the LEPC, SERC or fire
department should formally request
the information in a letter, cite the
proper authorities, give ample time
for the facility to reply (e.g., 30
days) and cite the potential penalty
for failure to comply. Use of certified
mail may again be appropriate.
If a company has filed a report
under §312, SARA Title III
authorizes local fire departments to
inspect the facility to determine the
specific location of hazardous
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chemicals. LEPC members may want
to accompany the fire department to
promote a better understanding of
the SARA Title III reporting
requirements and to obtain
information for planning purposes.
In planning inspections, try to give
the owner or operator advance
notice. Should you encounter
problems gaining access to the
facility, contact your SERC and the
Regional EPA office that has
jurisdiction in your area.
These "enforcement" tools may
never be needed if a facility is
cooperating in the planning process.
However, they are available to
SERCs, LEPCs, and fire departments
should a specific facility be unwilling
to provide the necessary
information.
If a facility fails to respond to your
information request, what are the
next steps? If your attempts to
obtain information are disregarded
or the information is not submitted
in a timely manner, you have
several options. First, you can work
with your SERC to try to get the
facility to cooperate. Second, you
can notify the facility of your
intention to:
• File a civil action in the U.S.
District Court for violations of SARA
Title III; or
• Assist the SERC and EPA in the
enforcement of the provision(s)
violated.
If an LEPC decides to cooperate
with the SERC and EPA in an
enforcement action, it is important
that its efforts to bring the facility
into compliance be documented.
Establishing a record of efforts will
aid the State and EPA in taking an
enforcement action. LEPCs should
maintain records of phone contacts,
direct contacts, any letters that were
sent to the company, etc. In
developing enforcement actions,
EPA will need your support in
providing any evidence you have
that the facility is in violation. The
Agency will also request affidavits
from you certifying that the required
reports were not filed by the
appropriate deadline. Contact your
SERC and the Regional EPA office
for additional information.
EPA is looking forward to
cooperating with SERCs and LEPCs
in the effort to make the Emergency
Planning and Community
Right-to-Know Act a success. EPA
wants to establish enforcement ties
with every SERC. This network of
people will help to set priorities for
enforcement actions within the State
and provide a mechanism through
which LEPCs can elevate and
resolve compliance problems. It is
only through our combined efforts
that facilities will come to know and
comply with this important law.
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Enforcement
Authorities
Civil Actions (§326)
SARA Title III contains provisions to
ensure that citizens' rights to
information are backed by the legal
tools needed to obtain cooperation
of facility owners and operators.
Congress included stiff penalties for
failure of owners and operators to
comply with the law's reporting
requirements.
SARA Title III contains two
sections dealing with enforcement:
§325 Federal Enforcement and §326
Civil Actions. Actions initiated by
LEPCs would likely fall under the
civil category, but as described
above, LEPCs could cooperate with
the State and EPA.
SARA Title III provides States, local
groups, and citizens the authority to
file civil actions in the U.S. District
Court against owners and operators
if they fail to comply with the law.
The Act gives the public the right to
access information and the legal
remedies to make information
available if an owner or operator is
unwilling to cooperate in the
emergency planning process or
submit the required reports. These
provisions emphasize that everyone
has a role in ensuring that facilities
comply with the Act.
Citizen Suits. Under SARA Title III
§326(a)(l), any person has the
authority to file a civil action in the
U.S. District Court against owners or
operators of facilities for their failure
to submit: §304(c) follow-up reports;
§311 MSDSs or lists of MSDSs; §312
Tier I forms; and §313 Toxic
Chemical Release forms.
For any civil action described
above, the plaintiff must notify the
EPA, the State in which the alleged
violation occurs, and the alleged
violator 60 days prior to initiating a
suit. On January 26, 1989 EPA
issued a Proposed Rule on Prior
Notice for Citizen Suits under
CERCLA and SARA Title III (See the
Federal Register Vol. 54 Page 3913).
Consult this rule if you plan to bring
a civil suit.
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FEDERAL
ENFORCEMENT (§325)
State and Local Suits. Section
326(a)(2) authorizes State and local
suits. State and local governments
have the authority to bring civil
actions in the U.S. District Court for:
failure to notify under §302; failure
to provide information under §303;
failure to submit MSDSs or a list of
MSDSs as required under §311; and
failure to submit Tier I information
required under §312. These actions
do not require notification prior to
commencement.
SARA Title III §329(7) defines
"person" as any individual, trust,
firm, joint stock company,
corporation (including a government
corporation), partnership,
association, State, municipality,
commission, political subdivision of a
State, or interstate body [emphasis
added]. Because §326 authorizes any
"person" to bring a civil action
against owners and operators for
their failure to submit reports
specified under §326(a)(l), this
definition suggests that State and
local governments, SERCs, and
LEPCs could take action under the
citizen suit provisions in addition to
the suits authorized under
§326(a)(2).
Under SARA Title III §325, the
Federal government has the
authority to bring administrative,
and civil or criminal judicial actions
against violators. EPA's ability to
handle SARA Title III cases
administratively means that the
delays and expenses associated with
judicial cases can be avoided. The
enforcement authorities available to
EPA and the maximum penalties
vary by each reporting requirement.
Section 325(a) authorizes the EPA
Administrator to order owners or
operators of facilities to comply with
§§302 and 303. The local U.S.
District Court has jurisdiction to
enforce the order and assess a civil
penalty of up to $25,000 per
violation for each day the violation
continues. EPA cannot assess these
penalties administratively.
Violation of the §304 emergency
notification requirements can be
addressed through administrative or
judicial enforcement. SARA Title III
also establishes criminal penalties for
knowingly and willfully failing to
provide notice or providing false or
misleading information. Section 304
violations can carry a Class I civil
penalty of not more than $25,000 per
violation or a Class II civil penalty of
not more than $25,000 per violation
per day. In the case of subsequent
violations, Class II penalties of up to
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$75,000 for each day a violation
continues may be assessed. Any
person who knowingly and willfully
fails to provide notice in accordance
with SARA Title III §304 could
receive a fine of up to $25,000 or be
imprisoned for not more than two
years, or both. For second or
subsequent convictions, the violator
will be subject to a fine of not more
than $50,000 or imprisoned for not
more than five years, or both.
For violations of SARA Title III
§§311, 312, and 313, EPA can assess
civil penalties by issuing
administrative orders or by filing
actions in the U.S. District Court to
enforce compliance and assess
penalties. Violation of §311 subjects
the violator to a civil penalty of up
to $10,000 for each violation.
Sections 312 and 313 violations
subject the violator to civil penalties
of not more than $25,000 for each
violation. The statute establishes that
every day a violation continues is
considered a separate violation.
Under §325(d), EPA may assess a
penalty of $25,000 for each trade
secret claim that is found to be
frivolous. The statute also provides
criminal penalties for disclosure of
trade secret information. Any person
who knowingly and willfully
divulges trade secret information
will be subject, upon conviction, to a
fine of not more than $20,000 or to
imprisonment for not more than one
year, or both.
SARA Title III provides a special
enforcement authority for health
professionals. Whenever an owner
or operator of a facility fails to
provide information to the health
professional as required under §323
of the Act, the health professional
may bring action in the U.S. District
Court to require the owner or
operator to comply. The U.S. District
Court has the jurisdiction to issue
orders and take other actions as may
be necessary to enforce §323.
If s In The
Federal Register
You can find detailed information
on the various provisions of the
Emergency Planning and
Community Right-to-know Act in
the federal Register, which is
available at public or university
libraries. Here are the citations for
the EPA regulations covering
various sections of the Act.
• Sections 301-303 (emergency
planning): April 22, 1987;
December 17, 1987; February 25,
1988 (40 CFR 300 and 355)
• Section 304 (emergency release
notification): April 22, 1987;
December 17,1987; February 25,
1988 (40 CFR 300 and 355)
• Sections 311-312 (hazardous
chemical reporting): October 15,
1987; August 4, 1988 (40 CFR 370)
• Section 313 (toxic chemical
release reporting): February 16,
1988; June 20, 1988 (40 CFR 372)
• Section 322 (trade secrets): July
29, 1988 (40 CFR 350)
• Section 325 (Federal
Enforcement) May 16, 1989 (40
CFR 22)
• Section 326 (Citizen Suits):
January 26, 1989 (40 CFR 373 and
374)
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Conclusion
The Emergency Planning and
Community Right-to-know Act is
unique among Federal
environmental statutes in providing
numerous opportunities for active
participation at the local level. It is
designed to enhance local
emergency preparedness and
awareness of chemical hazards at the
community level. The benefits of a
successful program can be many,
ranging from reducing the potential
for injuries and deaths relating to
chemical accidents to designing
effective city planning standards for
air, water and waste management.
The LEPC is the focus of this
effort for a community to better
understand and prevent chemical
accidents. Understanding the
authorities that SARA Title III
provides will make you better able
to carry out an effective chemical
awareness and emergency planning
program.
Your efforts to implement the
program need not be hindered by
facilities that are unwilling to
cooperate. SARA Title III provides
the information gathering and
enforcement tools you need to
ensure that you can obtain the
information that you and your
community have a right to know.
Who can I contact for more
information or enforcement
assistance? For more information or
assistance with a specific
enforcement-related problem,
contact the State Emergency
Response Commission of your State
and/or your U.S. EPA regional
office. There are ten EPA regional
offices that serve the States and U.S.
territories. Consult the following list
to identify the EPA office for your
State.
EPA Region 1
Preparedness Coordinator
617/860-4385
ME, VT, NH, MA, CT, RI
Region 2
Preparedness Coordinator
201/321-6656
NY, NJ, Puerto Rico, Virgin Islands
Region 3
Preparedness Coordinator
215/597-3184
PA, WV, VA, DE, DC, MD
Region 4
Preparedness Coordinator
404/347-3931
NC, SC, GA, FL, TN, MS, KY, AL
Region 5
Preparedness Coordinator
312/886-1964
MI, WI, MN, IN, OH, IL
Region 6
Preparedness Coordinator
214/665-2277
NM, TX, OK, AR, LA
Region 7
Preparedness Coordinator
913/236-2806
NE, KS, IA, MO
Region 8
Preparedness Coordinator
303/293-1723
ND, SD, WY, CO, UT, MT
Region 9
Preparedness Coordinator
415/974-7477
CA, AZ, NV, HI, Guam, American Samoa,
Commonwealth of the Northern Mariana
Islands
Region 10
Preparedness Coordinator
206/442-1263
WA, ID, OR, AK
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State Emergency Response Commission Telephone Numbers
Alabama
Alaska
American Samoa
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Guam
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Northern Mariana
Islands
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
(205) 834-1375
(205) 271-7700
(907) 465-2600
(684) 633-2331
(602) 244-0504
(501) 562-7444
(916) 427-4201
(303) 273-1622
(303) 331-4600
(203) 566-4856
(302) 736-4321
(207) 727-6161
(904) 488-1900
(404) 656-3500
(671) 477-9841
(808) 548-5832
(208) 342-0031
(217) 782-2700
(317) 243-5176
(515) 281-6175
(913) 296-1690
(502) 564-8680
(504) 925-6113
1-800-452-8735
(670) 322-9274
(301) 225-5780
(617) 727-7775
(617) 875-1381
(617) 292-5810
(517) 373-8481
(612) 296-0481
(601) 960-9000
(314) 751-7929
(406) 444-3111
(402) 471-4230
(702) 885-5375
(603) 271-2231
(609) 882-2000
(609) 292-6714
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Puerto Rico
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virgin Islands
Virginia
Washington
West Virginia
Wisconsin
(505) 827-3375
(518) 457-2222
(919) 733-3867
(701) 224-2348
(701) 224-2111
(614) 644-2260
(405) 521-2481
(503) 378-3473
(717) 783-8150
(809) 725-5140
(809) 722-1175
(401) 421-7333
(803) 734-0442
(605) 773-3153
(615) 252-3300
(512) 465-2138
(801) 533-5271
(801) 538-6121
(802) 828-2286
(809) 774-3320
(804) 225-2667
(206) 753-2200
(304) 348-2755
(608) 266-3232
10
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State Designated TRI Contacts
Alabama
Alaska
American Samoa
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
District of Columbia
Florida
Georgia
Guam
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Northern Mariana
Islands
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
(205) 271-7931
(907) 465-2600
(684) 633-2682
(602) 244-0504
(501) 562-7444
(916) 324-8124
(303) 331-4858
(203) 566-4856
(302) 736-4764
(202) 727-6161
(904) 487-4915
(404) 656-6905
(671) 646-8863
(808) 548-6505
(208) 334-5898
(217) 782-3637
(317) 243-5167
(515) 281-5385
(913) 296-1522
(502) 564-8684
(504) 342-6363
(207) 289-4080
(670) 234-6984
(301) 225-5780
(617) 556-1029
(517) 373-8481
(612) 296-0481
(601) 352-9100
(314) 751-7929
(406) 444-3948
(402) 471-4230
(702) 885-4240
(603) 271-2231
(609) 292-6714
(505) 827-3375
(518) 457-4107
(919) 733-3867
(701) 224-2374
(614)' 481-7050
Oklahoma
Oregon
Pennsylvania
Puerto Rico
Rhode Island
South Carolina
South Dakota
Tennessee (Within State)
(Out of State)
Texas
Utah
Vermont
Virginia
Virgin Islands
Washington
West Virginia
Wisconsin
Wyoming
(405) 521-2481
(503) 378-2885
(717) 783-8150
(809) 724-6045
(401) 277-2808
(803) 734-0425
(605) 773-3153
800 1 262-3300
800 1 258-3300
(512) 463-7727
(801) 538-6121
(802) 863-7281
(804) 786-3017
(809) 774-3320
(206) 459-6303
(304) 348-2901
(608) 266-3232
(307) 777-7566
11
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Title III
EPCRA Enforcement Authorities
Requirement
§302(c) o/o with
EHS>TPQ notify SERC
by 5/17/87 (or 6 mos. after
EHS>TPQ becomes
present) that facility is
subject to Act.
§303(d) o/o must appoint
facility representative to
participate in planning by
9/17/87 & provide info for
planning when
requested.
§304(b) o/o must notify
SERC & LEPC
immediately after release
of EHS or CERCLA HS
RQ. §304(c) o/o must
provide follow-up report
as soon as practicable.
§311 o/o who must
prepare MSDS for OSHA
must submit MSDS/list to
SERC, LEPC & fire
department by 10/17/87 or
3 months after newly
subject to OSHA
§312(a) o/o who must
prepare MSDS under
OSHA must also submit
Tier 1 form on 3/1/88,
then annually. For newly
covered facilities, first
forms due 3/1/90.
§313 o/o of facility that
manufactured, processed
Federal
§325(a) EPA may order
o/o to comply. USDC has
authority to enforce and
assess a penalty of up to
$25k per day
§325(a) EPA may order
o/o to comply. USDC has
authority to enforce and
assess a penalty of up to
$25k per day.
§325(b)(l) & (b)(2) Class I
& Class II penalties of up
to $25k/day (up to
$75k/day for second or
after) by Administrative
Order or in USDC
Criminal penalty: up to
$25k per day and/or 2
years.
§325(C)(2),(4) EPA can
assess penalty of up to
$10k per violation per day
by Administrative Order
or in USDC.
§325(c)(l),(4) EPA can
assess penalty of up to
$25k per violation per day
by Administrative Order
or in USDC
§325(c)(l),(4) EPA can
assess penalty of up to
State and Local
§326(a)(2)(A)(i) State &
Local Governments can
file civil action in USDC
for failure of o/o to notify
SERC
§326(a)(2)(B) SERC or
LEPC can file civil action
in USDC against o/o for
failure to provide
information
No authority under
§326(a)(2) See §326(a)(l)
§326(a)(2)(A)(u) & (di)
State & Local
Governments can file civil
action in USDC against
o/o for failure to submit
MSDS or list or make
available information
requested under §311(c).
§326(a)(2)(A)(iv) State &
Local Governments can
file civil action in USDC
against o/o for failure to
submit Tier 1 form
§326(a)(2)(B) SERC &
LEPC can file action for
failure to submit Tier 11
form under §312(e)(l).
No authority under
§326(a)(2). See §326(a)(l)
Citizen
No authority under
§326(a)(l)
No authority under
§326(a)(l).
§326(a)(l)(A)(i) any
person can file civil action
in USDC against o/o for
failure to submit
follow-up report
§326(a)(l)(A)(n) any
person can file civil action
in USDC against o/o for
failure to submit MSDS or
list
§326(a)(l)(A)(m)any
person can file civil action
in USDC against o/o for
failure to submit Tier 1
information.
§326(a)(l)(A)(iv) anyone
can file a civil action in
or used a toxic chemical
in previous year must
submit TRI form annually
starting 7/1/88.
§322(a)(2) o/o must
submit information to
support a trade secret
claim.
§325(d) claim must not be
frivolous
§323(b) o/o must submit a
MSDS, inventory form,
and a TCR form to
physician who requests
information in an
emergency situation.
$25k per violation per day
by Administrative Order
or in USDC
§325(c)(2) EPA can assess
a penalty of up to $10k
per violation per day by
Administrative Order or
in USDC
§325(d)(l) EPA can assess
penalty of $25k per claim
for claim that is
unsubstantiated or not a
trade secret and frivolous
by Administrative Order
or in USDC.
§325(c)(2) EPA can assess
a penalty of up to $10k
per violation by
Administrative Order or
in USDC
No authority.
No Authontv
USDC against an o/o for
failure to submit a TCR
form under §313.
No Authority.
No Authority
No Authority
§325(e) Health
professional can file
action in USDC to compel
o/o to comply. USDC
may issue order and
enforce
12
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U.S. Environmental Protection Agency
Region 5, Liorary (PL-12J)
77 West Jackson Boulevard, 12th Floor
Chicago, IL 60604-3590
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