United States
                          Environmental Protection
                          Agency
                            Office of Solid Waste
                            and Emergency Response
                            (5101)
EPA 550-F-00-004
March 2000
©EPA
The  Emergency  Planning   and
Community  Right-to-Know  Act

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

What  Does EPCRA Cover?     section 303. The plans must
                          EPCRA has four major provisions:

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

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

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

                          Emergency Response plans contain
                          information that community officials can
                          use at the time of a chemical accident.
                          Community emergency response plans for
                          chemical accidents were developed under
                                      •  Identify facilities and transportation
                                        routes of extremely hazardous
                                        substances;
                                      •  Describe emergency response
                                        procedures, on and off site;
                                      •  Designate a community coordinator and
                                        facility coordinators) to implement the plan;
                                      •  Outline emergency notification
                                        procedures;
                                      •  Describe how to determine the probable
                                        affected area and population by releases;
                                      •  Describe local emergency equipment
                                        and facilities and the persons responsible
                                        for them;
                                      •  Outline evacuation plans;
                                      •  Provide a training  program for
                                        emergency responders (including
                                        schedules); and,
                                      •  Provide methods and schedules for
                                        exercising emergency response plans.

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

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What Are  the Emergency Notification
Requirements
(Section 304)?

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

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

  The Governor of each state designated a State
  Emergency Response Commission (SERC).  The
  SERCs, in turn, designated about 3,500 local
  emergency planning districts and appointed Local
  Emergency Planning Committees (LEPCs) for each
  district.  The SERC supervises and coordinates the
  activities of the LEPC, establishes procedures for
  receiving and processing public requests for
  information collected under EPCRA, and reviews local
  emergency response plans.

  The LEPC membership must include, at a minimum, local
  officials including police, fire, civil defense, public health,
  transportation, and environmental professionals, as well
  as representatives of facilities subject to the emergency
  planning requirements, community groups, and  the media.
  The LEPCs must develop an emergency response plan,
  review it at least annually, and provide information about
  chemicals in the community to citizens.
• Name and telephone number of contact person.

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

Table 1: EPCRA Chemicals and Reporting Thresholds

Chemicals
Covered
Thresholds
Section 302
356 extremely hazardous
substances
Threshold Planning
Quantity 1-10,000
pounds on site at any
one time
Section 304
>1,000 substances
Reportable quantity,
1-5,000 pounds, released
in a 24-hour period
Sections 311/312
500,000 products
TPQ or 500 pounds for
Section 302 chemicals;
10,000 pounds on site
at any one time for
other chemicals
Section 313
650 toxic chemicals and
categories
25,000 pounds per year
manufactured or
processed; 10,000
pounds a year used;
certain persistent
bioaccumulative
toxics have lower
thresholds


Chemical Emergency Preparedness and Prevention Office

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

Under Occupational Safety and Health Administration
(OSHA) regulations, employers must maintain a material
safety data sheet (MSDS) for any hazardous chemicals
stored or used in the work place. Approximately 500,000
products have MSDSs.

Section 311 requires facilities that have MSDSs for
chemicals held above certain quantities to submit either
copies of their MSDSs or a list of MSDS chemicals to the
SERC, LEPC, and local fire department. If the facility
owner or operator chooses to submit a list of MSDS
chemicals, the list must include the chemical or common
name of each substance and must identify the applicable
hazard categories. These hazard  categories are:

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

If a list is submitted, the facility must submit a copy of the
MSDSs for  any chemical on the list upon the request of the
LEPC or SERC.

Facilities that start using a chemical or increase the quantity
to exceed the thresholds must submit MSDSs or a list of
MSDSs chemicals within three months after they become
covered. Facilities must provide a revised MSDS to update
the original MSDS if significant new information is
discovered about the hazardous chemical.

Facilities covered by section 311  must, under section 312,
submit annually an emergency and hazardous chemical
inventory form to the LEPC, the  SERC, and the local fire
department. Facilities provide either a Tier I or Tier II
form. Tier I  forms include the following aggregate
information for each applicable hazard category:

• An estimate (in ranges) of the maximum amount of
  chemicals for each category present at the facility at any
  time during the preceding calendar year;
• An estimate (in ranges) of the  average daily amount of
  chemicals in each category; and,
• The general location of hazardous chemicals in each
  category.
The Tier II report contains basically the same information
as the Tier I, but it must name the specific chemicals.
Many states require Tier II information under state law.
Tier II forms provide the following information for each
substance:

• The chemical name or the common name as indicated on
  the MSDS;
• An estimate (in ranges) of the maximum amount of the
  chemical present at any time during the preceding
  calendar year and the average daily amount;
• A brief description of the manner of storage of the
  chemical;
• The location of the chemical at the facility; and
• An indication of whether the owner elects to withhold
  location information from disclosure to the public.

Because many SERCs have added requirements or
incorporated the Federal contents in their own forms, Tier
I/II forms should be obtained from the  SERC. Section 312
information must be submitted on or before March 1 each
year.  The information submitted under sections 311 and
312 is available to the public from LEPCs and SERCs.

In 1999, EPA excluded gasoline held at most retail gas
stations from EPCRA 311/312 reporting. EPA estimates
that about 550,000 facilities are now covered by EPCRA
311/312 requirements.
    Reporting  Schedules

    Section
    302        One time notification to SERC

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

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

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

    313        Annually, by July 1, to EPA and State
Chemical Emergency Preparedness and Prevention Office

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What is the Toxics  Release  Inventory
(Section  313)?

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

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

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

What Else  Does  EPCRA  Require?

Trade Secrets.  EPCRA  section 322 addresses trade
secrets as they apply EPCRA  sections 303, 311, 312, and
313 reporting; a facility cannot claim trade secrets under
section 304 of the statute. Only chemical identity may be
claimed as a trade secret, though a generic class for the
chemical must be provided. The criteria a facility must
meet to claim a chemical identity as a trade secret are in  40
CFR part 350.  In practice, less than one percent of
facilities have filed such claims.

Even if chemical identity information can be legally
withheld from the public, EPCRA section 323 allows the
  Who's  Covered by  TRI?

  The TRI reporting requirement applies to facilities that
  have 10 or more full-time employees, that manufacture
  (including importing), process, or otherwise use a listed
  toxic chemical above threshold quantities, and that are
  in one of the following sectors:

  • Manufacturing (Standard Industrial Classification
    (SIC) codes 20 through 39)
  • Metal mining (SIC code 10, except for SIC codes
    1011,1081,and 1094)
  • Coal mining (SIC code  12, except for 1241 and
    extraction activities)
  • Electrical utilities that combust coal and/or oil (SIC
    codes 4911,4931, and 4939)
  • Resource Conservation and Recovery Act (RCRA)
    Subtitle C hazardous waste treatment and disposal
    facilities (SIC code 4953)
  • Chemicals and allied products wholesale distributors
    (SIC code 5169)
  • Petroleum bulk plants and terminals (SIC code 5171)
  • Solvent recovery services (SIC code 7389)
information to be disclosed to health professionals who
need the information for diagnostic and treatment purposes
or local health officials who need the information for
prevention and treatment activities. In non-emergency
cases, the health professional must sign a confidentiality
agreement with the facility and provide a written statement
of need. In medical emergencies, the health professional, if
requested by the facility, provides these documents as soon
as circumstances permit.

Any person may challenge trade secret claims by
petitioning EPA. The Agency must then review the claim
and rule on its validity.

EPCRA Penalties. EPCRA Section 325 allows civil and
administrative penalties ranging up to $ 10,000-$75,000 per
violation or per day per violation when facilities fail to
comply with the reporting requirements.  Criminal penalties
up to $50,000 or five years in prison apply 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 apply to any person who
knowingly and willfully discloses any information entitled to
protection as a trade secret.
Chemical Emergency Preparedness and Prevention Office

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Citizens Suits.  EPCRA section 326 allows citizens to
initiate civil actions against EPA, SERCs, and the owner or
operator of a facility for failure to meet the EPCRA
requirements. A SERC, LEPC, and State or local
government may institute actions against facility owner/
operators for failure to comply with EPCRA requirements.
In addition, States may sue EPA for failure to provide trade
secret information.


Where  Can You Find EPCRA
Information?

MSDSs, hazardous chemical inventory forms, follow-up
emergency notices, and the emergency response plan are
available from the SERC and LEPC.

MSDSs on hazardous chemicals are maintained by a
number of universities and can be accessed through
www .hazard. com.

EPA also provides fact sheets and other information on
chemical properties through its website: www.epa.gov.
EPA has compiled a list of all chemicals covered by name
under these regulations into a single list and published them
as The Title III List of Lists available at www.epa.gov/
swercepp/ds-epds.htm#title3.

Profiles of extremely hazardous substances are available at
www.epa.gov/ceppo/ep_chda.htm#ehs

Each year, EPA publishes a report summarizing the TRI
information that was submitted to EPA and States during
the previous year.  In addition, TRI data are available
through EPA's Envirofacts database at www.epa.gov/
enviro. TRI data are also available at www.epa.gov/tri,
www.rtk.net, and www.scorecard.org.

All of these sites can be searched by facility, city, county,
and state and provide access to basic TRI emissions data.
The RTK-Net site, maintained by the public advocacy
group OMB Watch, provides copies of the full TRI form
for each facility. The Scorecard site, maintained by the
Environmental Defense public advocacy group, ranks
facilities, States, and counties on a number of parameters
(e.g., total quantities of carcinogens released) as well as
maps that show the  locations of facilities in a county or city.
Initial emergency release notifications made to the National
Response Center or EPA are available on line at
www.epa.gov/ernsacct/pdf/index.html.

A list of LEPCs and SERCs is available at http://
www.RTK.NET: 80/lepc/.

Many of these sites can also be accessed through
www.epa.gov/ceppo/.

Are There  Other Laws That  Provide
Similar  Information?

The Oil Pollution Act (OPA) of 1990 includes national
planning and preparedness provisions for oil spills that are
similar to EPCRA provisions for extremely hazardous
substances. Plans are developed at the local, State and
Federal levels.  The OPA plans offer an opportunity for
LEPCs to coordinate their plans with area and facility oil
spill plans covering the same geographical area.

The 1990 Clean Air Act Amendments require the EPA and
OSHA to issue regulations for chemical accident
prevention. Facilities that have certain chemical above
specified threshold quantities are required to develop a risk
management program to identify and evaluate hazards and
manage those hazards safely. Facilities subject to EPA's
risk management program rules must submit a risk
management plan (RMP) summarizing its program.  Most
RMP information is available through RMP*Info, which
can be accessed through www.epa.gov/enviro.
   For More Information
   Contact the EPCRA Hotline at:
              (800)424-9346or(703)412-9810
                   TDD (800)553-7672
   Monday -Friday, 9 AM to 6 PM, EST

   Visitthe CEPPO Home Page at:
               WWW.EPA.GOV/CEPPO/

   For EPA EPCRA contacts, check the CEPPO home page.
   For TRI program officials and EPA TRI regional contacts,
   checkwww.epa.gov/tri/statecon.htm.
Chemical Emergency Preparedness and Prevention Office

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