United States Office of Solid Waste EPA 500-F-10001
Environmental Protection and Emergency Response June 2010
Agency www.epa.gov/emergencies
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT
Guidance on Reporting Options for Sections 311 and 312 and Some Interpretations
Introduction
EPA provided draft guidance in the preamble to the June 8, 1998 proposed rule (63 FR 31268) to
streamline the reporting requirements for facilities under sections 311 and 312 of the Emergency Planning
and Community Right-to-Know Act of 1986 (EPCRA). The Agency did not propose any regulatory
changes, but sought comments on the following reporting options.
1. Underground Storage Tank (UST) Forms to fulfill the requirements for Tier I information
under EPCRA section 312;
2. Partnership Programs for joint access to information and streamlined submission of
EPCRA sections 311 and 312 reporting. If a single point submission is allowed for
facilities, then one agency would receive the information and provide access to the other
agencies;
3. Electronic submittal and certification for EPCRA section 312 reporting;
4. Incorporation of previous submissions into EPCRA section 312 reporting;
5. Electronic access to facility Material Safety Data Sheet (MSDS) database; and
6. EPCRA section 312 reporting to fulfill reporting requirements under section 311.
EPA is now providing guidance on these reporting options. The objective for this guidance is also to
provide state and local agencies with flexibility in implementing sections 311 and 312 of EPCRA.
Who is Affected by this Guidance and Interpretation?
Entities that will be affected include those organizations and facilities subject to sections 302, 304, 311
and 312 of EPCRA and the implementing regulations found in 40 CFR parts 355 and 370.
EPA's Decision on These Proposed Options
UST Forms
• Since all states now require facilities to submit a Tier II inventory form or the state
equivalent form, this reporting option is no longer useful.
Partnership Programs for Joint Access to Information and Submission of EPCRA 311
and 312 Reporting
• States may implement the Partnership Programs for Joint Access reporting option;
however, they must ensure that statutory and regulatory requirements are met. If states
choose to implement this option, a formal agreement is necessary between the State
Emergency Response Commission (SERC), Local Emergency Planning Committee
(LEPC), and fire department. States should then notify the facilities about this agreement
and the new submission process.
• States must also meet the March 1 reporting deadline, as specified in the statute.
Office of Emergency Management Factsheet
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Guidance on Reporting Options for EPCRA Sections 311 and 312 and Interpretations June 2010
Electronic Submittal and Certification for EPCRA Section 312 Reporting
• States may require facilities to submit information using Tier2 Submit, the federal electronic
reporting format, or the state equivalent electronic reporting format. If facilities do not have
the capability to file information electronically, states should allow these facilities to submit
paper copies of the Tier II report.
• The original signature requirement in 40 CFR 370.41 and 370.42 could be met by
providing the certification statement on paper or by any electronic certification established
by the state and local agencies.
Incorporation of Previous Submissions into EPCRA Section 312 Reporting
• Facilities are required to submit a Tier I form or, if requested, a Tier II form annually to the
SERC, LEPC, and the fire department, even if the information from the previous year has
not changed. Most states have established electronic reporting or are using Tier2 Submit
software developed by EPA. Therefore, the burden for facilities to re-create information on
paper does not exist for most facilities.
• States may adopt this reporting option for those facilities that submit section 312
information on paper.
Electronic Access to Facility MSDS Database
• Section 311 of EPCRA requires facilities to submit MSDSs for hazardous chemicals that
meet or exceed the reporting thresholds to the SERC, LEPC, and the fire department. The
Agency suggested electronic submission of MSDSs or providing access to facilities' MSDS
database to reduce the burden on the regulated community and reduce the information
management burden on implementing agencies.
• Due to security concerns and several entities lacking access to computers or on-line
systems, EPA has rejected this reporting option.
EPCRA Section 312 Reporting to Fulfill Reporting Requirements under Section 311
• This reporting option is only beneficial to those facilities that acquire a new chemical
between October 1 and December 31 of any given calendar year.
• States may implement this reporting approach ensuring that facilities comply with section
312 three months after acquiring a new chemical.
What are the Interpretations of Emergency Release Notification and Hazardous Chemical
Exemption for solids?
The Agency is also providing new interpretations and revising existing interpretations to help facilities
comply with certain requirements under EPCRA.
Emergency Release Notification
• Under EPCRA section 304, facilities may have up to 30 days to submit a written follow-up
report to state and local agencies. States may implement more rigorous requirements.
Hazardous Chemical Exemption for Solids under EPCRA Section 311 (e)(2)
• Facilities would only have to count the amount of fume or dust given off a piece of metal,
brick, or any other manufactured solid item that undergoes a modification process. States
may implement more rigorous requirements.
Where Do I Go For More Information?
For more information on this guidance, please visit the Office of Emergency Management Web site:
http://www.epa.gov/emergencies/.
Office of Emergency Management Factsheet
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