Printed on Recycled Paper

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     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
 the 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
 future to improve emergency
 preparedness?  What can you do to
 ensure that facilities are complying
 with the law?
   During the next few years,  many
 Local Emergency Planning
 Committees (LEPCs) will look to
 improve the quality of their
 communities' chemical emergency
 response plans and to reduce
 chemical risks. One of the most
 significant ways to improve overall
 planning is to ensure that all the
 facilities have reported and,  where
 appropriate, are participating in the
 emergency planning process. Only
 then can the local community
 completely understand and prepare
 for potential chemical accidents.
   The Emergency Planning and
 Community Right-to-know Act
 (EPCRA or SARA Title III) grants
 specific state and local authority to
 request information from facilities
 and to take enforcement actions in
 those situations where  voluntary
 compliance has not occurred. This
 pamphlet contains information on
 these authorities and provides tips
 to help LEPCs ensure that facilities
 covered by SARA Title III are
 complying with the law. The
 material presented outlines the
 enforcement authorities granted to
 citizens, local governments, States,
and EPA.
    fcS^s;V

              TITLE tn
  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,

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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 facilities
 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 HI §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 HI §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)(Q) 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 HI 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 HI 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.
  It'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
 (40CFR 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
617/8604385
ME, VT, NH, MA, CT, RI
Region 2
Preparedness Coordinator
201/321-6620
NY, NJ, Puerto Rico, Virgin Islands
Region 3
Preparedness Coordinator
215/597-3184
PA, VW, VA, DE, DC, MD
Region 4
Preparedness Coordinator
404/347-1033
NC, SC, GA, FL, TN, MS, KY, AL
Region 5
Preparedness Coordinator
312/886-9045
MI, Wl, MN, IN, OH, IL
Region 6
Preparedness Coordinator
214/665-2277
NM, TX, OK, AR, LA
Region 7
Preparedness Coordinator
913/236-7005
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
206/442-4349
WA, ID, OR, AK

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    State Emergency Response Commission Telephone Numbers
     Alabama            (205) 834-1375
     Alaska              (907) 465-2600
     American Samoa     (684) 633-2331
     Ari20113             (602) 231-6326
     Arkansas            (501) 562-7444
     California           (916) 427-4287
     Colorado           (303) 331-4830
     Connecticut         (203) 566-4856
     Delaware           (302) 834-4531
     District of Columbia  (202) 727-6161
    Florida              (904) 488-1472
    Georgia             (404) 656-4713
    Guam               (671) 472-7230
    Hawaii              (808) 548-5832
    Idaho               (208) 334-5888
    IIlinois              (217) 782-4694
    Indiana             (317) 243-5176
    Iowa               (515) 281-3231
    Kansas              (913) 296-1690
    Kentucky           (502) 564-8660
    Louisiana           (504) 925-6113
   Maine              (207) 452-8735
   Maryland           (301) 486-4422
   Massachusetts      (617) 292-5993
   Michigan           (517) 373-8481
   Minnesota          (612) 643-3000
   Mississippi '        (601) 960-9973
   Missouri            (314) 751-7929
   Montana            (406) 444-6911
   Nebraska           (402) 471-2186
   Nevada             (702) 885-5300
New Hampshire    (603) 271-2231
New Jersey         (609) 292-6714
                   (505) 827-9222
                   (518) 457-9996
                   (919) 733-3867
  New Mexico
  New York
  North Carolina
  North Dakota
  Northern Mariana
    Islands
  Ohio
  Oklahoma
  Oregon
  Pennsylvania
 Puerto Rico
 Rhode Island
 South Carolina
 South Dakota
 Tennessee
 Texas
 Utah
 Vermont
 Virgin Islands
 Virginia
 Washington
 West Virginia
Wisconsin
Wyoming
                   (701) 224-2111

                   (670) 322-9529
                   (614) 644-2260
                   (405) 521-2481
                   (503) 378-2885
                   (717) 783-8150
                   (809) 722-1175
                   (401) 277-3039
                   (803) 734-0425
                   (605) 773-3151
                  (615) 252-3300
                  (512) 465-2138
                  (801) 584-8370
                  (802) 828-2286
                  (809) 774-3320
                  (804) 225-2513
                  (206) 459-9191
                  (304) 348-5380
                  (608) 266-3232
                  (307) 777-7566
10

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  Title  111
  EPCRA Enforcement  Authorities
  Requirement
  Federal
                           State and Local
                                                                             Citizen
  §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
 or used a toxic chemical
 in previous year must
 submit TR1 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.
  §325(a) EPA^may order
  o/o to comply. USDC has
  authority to enforce and
  assess a penalty of up to
  S25k 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
  S25k 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)(2) EPA can assess
 a penalty of up to SlOk
 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 SlOk
 per violation by
Administrative Order or
in USDC.
 §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).
 §325(c)(l),(4) EPA can
 assess penalty of up to
 $25k per violation per day
 by Administrative Order
 or in USDC.
 §326(a)(2)(A)(ii) & (iii)
 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 II
 form under §312(e)(l).
 No authority under
 §326(a)(2). See §326(a)(l).
 No authority.
No Authority
No Authority
 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)(ii) any
 person can file civil action
 in USDC against o/o for
 failure to submit MSDS or
 list.
 §326(a)(l)(A)(iii)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
 USDC against an o/o for
 failure to submit a TCR
 form under §313.

 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
                           US GOVERNMENT PRINTING OFFICE  1990 - 261-069 - 814/24145

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State Designated TRI Contacts
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(303) 331-4858
(203) 566-4856
(302) 736-4791
(202) 727-6161
(904) 488-1472
(404) 656-6905
(671) 646-8863
(808) 548-6505
(208) 334-5888
(217) 782-3637
(317) 243-5176
(515) 281-8852
(913) 296-1690
(502) 564-2150
(504) 342-8617
(207) 289-4080
(301) 631-3800
(617) 292-5993
(517) 373-8481
(612) 643-3000
(601) 960-9973
(314) 751-7929
(406) 444-6911
(402) 471-2186
(702) 885-4240
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(603) 271-2231
(609) 292-6714
(505) 827-9222
(518) 457-4107
(919) 733-3867
(701) 224-2374

(670) 234-6984
(614) 644-2266
(405) 521-2481
(503) 378-2885
(717) 783-2071
(809) 722-0077
(401) 277-2808
(803) 734-5200
(605) 773-3153
(615) 252-3300
(512) 463-8527
(801) 538-6121
(802) 863-7281
(809) 774-3320
(804) 225-2513
(206) 459-9191
(304) 348-5380
(608) 266-9255
(307) 777-7566





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