United States
Environmental Protection
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
                                Printed on Recycled Paper


           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

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,

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.

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
 What Next —
 Identifying And Persuading

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.

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
  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

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

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)
  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.

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
  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.

                                        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
  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
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

$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

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
  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

EPA Region 1
Preparedness Coordinator
Region 2
Preparedness Coordinator
NY, NJ, Puerto Rico,  Virgin Islands
Region 3
Preparedness Coordinator
Region 4
Preparedness Coordinator
Region 5
Preparedness Coordinator
Region 6
Preparedness Coordinator
Region 7
Preparedness Coordinator
Region 8
Preparedness Coordinator
Region 9
Preparedness Coordinator
CA, AZ, NV, HI, Guam, American Samoa,
Commonwealth of the Northern Mariana
Region 10
Preparedness Coordinator

 State Emergency Response Commission Telephone Numbers
American Samoa
District of Columbia
Northern Mariana
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
(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
Puerto Rico
Rhode Island
South Carolina
South Dakota
Virgin Islands
West Virginia

(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


State Designated TRI Contacts
American Samoa
District of Columbia
Northern Mariana
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
(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
Puerto Rico
Rhode Island
South Carolina
South Dakota
Tennessee (Within State)
(Out of State)
Virgin Islands
West Virginia

(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


Title III
EPCRA  Enforcement  Authorities
§302(c) o/o with
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
§304(b) o/o must notify
immediately after release
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
§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
§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

§326(a)(2)(B) SERC or
LEPC can file civil action
in USDC against o/o for
failure to provide

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)
No authority under

No authority under

§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

person can file civil action
in USDC against o/o for
failure to submit Tier 1

§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

§325(d) claim  must not be
 §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
§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
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

U.S. Environmental Protection Agency
Region 5, Liorary (PL-12J)
77 West Jackson Boulevard, 12th Floor
Chicago,  IL  60604-3590

   °  c
              (3)     QJ