United States                  Office of Solid Waste                 EPA 550-F-12-002
            Environmental Protection        and Emergency Response               September 2012
            Agency                                              vwvw.epa.gov/emergencies
 The Emergency Planning and Community Right-to-Know Act

 On December 4, 1984, methyl isocyanate, an extremely toxic chemical escaped from a
 Union Carbide chemical plant in Bhopal, India. Thousands died and many more were
 injured. Some suffered permanent disabilities. Approximately six months later, a similar
 incident occurred at the Institute, West Virginia. These two events raised concern about
 local preparedness for chemical emergencies and the availability of information on
 hazardous chemicals.

 In response to these concerns, Congress passed the Emergency Planning and
 Community Right-to-Know Act (EPCRA) in 1986. EPCRA establishes requirements for
 federal, state and local governments, 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 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 Are SERCs, TERCS, 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 Chief Executive Office of the Tribe appoints the Tribal Emergency Response
  Commissions (TERCs). TERCs have the same responsibilities as the SERCs.

  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.
 What Does EPCRA Cover?

 EPCRA has four major provisions:

       • Emergency planning (sections 301-303),
Office of Emergency Management                                                 Factsheet

-------
EPCRA                                                                  September 2012

        • Emergency release notification (section 304),
        • Hazardous chemical storage reporting requirements (sections 311-312), and
        • Toxic chemical release inventory (section 313).

  Information collected from these four requirements helps 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 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 section 303. LEPCs are required to update these
  plans annually. The plans must:

        • Identify facilities and transportation routes of extremely hazardous substances;
        • Describe emergency response procedures,  on and off site;
        • Designate a community coordinator and facility coordinator(s) 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 406 extremely hazardous substances (EHSs) listed by EPA in 1987 (now currently
  355 chemicals).The list includes the threshold planning quantities (minimum limits) for
  each substance. Any facility that has EHS at or above its threshold planning quantity
  must notify the State Emergency Response Commission (SERC) or the Tribal
  Emergency Response Commission (TERC) and Local Emergency Planning
  Committee (LEPC) within 60 days after they first receive a shipment or produce the
  substance on site.

  What Are the Emergency Notification Requirements (Section 304)?

  Facilities must immediately notify the LEPC and the SERC or the TERC 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 355
  extremely hazardous substances, as well as the more than 700 hazardous substances
  subject to the emergency notification requirements under CERCLA section 103(a)(40
 Office of Emergency Management                                                  Factsheet

-------
EPCRA                                                                  September 2012
    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 it is an extremely hazardous substance;
          • 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,
          • Name and telephone number of contact person.

    A written follow-up notice must be submitted to the SERC or the TERC 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.


    What Are the Community Right-to-know Requirements (Sections 311 and 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 are required to
    have MSDSs.

    Section 311 requires facilities that have MSDSs for chemicals held above certain
    threshold quantities to submit either copies of their MSDSs or a list of these chemicals
    to the SERC or TERC, LEPC, and local fire department.  If the facility owner or
    operator chooses to submit a list of 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 request by the LEPC.
Office of Emergency Management                                                  Factsheet

-------
EPCRA                                                                  September 2012
    Facilities that start using a hazardous 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 or list if significant new information is discovered about
    the hazardous chemical.

    Facilities covered by section 311 must submit annually an Emergency and
    Hazardous Chemical Inventory Form to the LEPC,  the SERC or the TERC, and the
    local fire department as required under section 312. Facilities provide either a Tier I
    or Tier II inventory form.  Tier I  inventory form include the following aggregate
    information for each applicable hazard category:

        •  An estimate (in ranges) of the  maximum amount of hazardous 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 hazardous
          chemicals in each category; and,
        •  The general location  of hazardous chemicals in each category.  The Tier
          II inventory form contains basically the same information as the Tier  I,
          but it must list the specific chemicals. Tier II inventory form provide the
          following information for each chemical:
        •  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.

    Many states now require Tier II inventory form or the state equivalent including
    electronic reporting under state law. Section 312 information must be submitted on
    or before March 1 each year for information on chemicals present at the facility in
    the previous year. The information submitted under sections 311 and 312 is
    available to the public from LEPCs and SERCs or TERCs.

    What is the Toxics Release Inventory (Section 313)?

    Section 313 of EPCRA established the Toxics Release Inventory. TRI  tracks the
    management of certain toxic chemicals that pose a threat to human health and the
    environment. Facilities in different industry sectors  must annually report how much of
    each chemical they managed through  recycling,  energy recovery, treatment and
    environmental releases.  TRI reporting  forms must be submitted to EPA and  the
    appropriate state or tribe by July 1 of each  year.  These forms cover environmental
    releases and other management of toxic chemicals that occurred during the previous
    calendar year.
Office of Emergency Management                                                  Factsheet

-------
EPCRA
September 2012
    The information submitted by facilities is compiled in the Toxics Release Inventory
    and made available to the public through the TRI website: www.epa.gov/tri. TRI
    helps support informed decision-making by industry, government, non-governmental
    organizations and the public. TRI includes information about:
        •  On-site releases (including disposal) of toxic chemicals to air, surface
           water and land;
        •  On-site recycling, treatment and energy recovery associated with TRI
           chemicals;
        •  Off-site transfers of toxic chemicals from TRI facilities to other locations;
        •  Pollution prevention activities at facilities;
        •  Releases of lead, mercury, dioxin and other persistent, bioaccumulative
           and toxic (PBT) chemicals; and
        •  Facilities in a variety of industry sectors (including manufacturing, metal
           mining and electric power generation) and some federal facilities.

    A complete list of covered facilities is available online:
    http://www.epa.gov/tri/lawsandregs/naic/ncodes.htm.

    Some of the ways TRI data can be used include:

        •  Identifying sources of toxic chemical releases;
        •  Beginning to analyze potential toxic chemical hazards to human health
           and the environment; and
        •  Encouraging pollution prevention at facilities.
                Table 1: EPCRA Chemicals and Reporting Thresholds

Chemicals
Covered

Thresholds








Section 302
355 Extremely
Hazardous
Substances
Threshold Planning
Quantity 1-1 0,000
pounds on site at any
onetime





Section 304
>1 ,000 substances


Reportable quantity,
1-5, 000 pounds,
released in a 24-hour
period





Sections 311/312
Approximately
500, 000 hazardous
chemicals
500 pounds orTPQ
whichever is less for
EHSs; 75,000
gallons for gasoline;
100, 000 gallons for
dieseland 10,000
pounds for all other
hazardous chem icals

Section 31 3
> 650 Toxic Chemicals
and categories

25,000 pounds per year
manufactured or
processed; 10, 000
pounds a year
otherwise used;
persistent
bioaccumulative toxics
have
lower thresholds
Office of Emergency Management
  Factsheet

-------
EPCRA                                                                   September 2012
    What Else Does EPCRA Require?

    Trade Secrets.  EPCRA section 322 allows facilities to file trade secrets in their
    reports under EPCRA sections 303, 311, 312, and 313. Only the specific 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. A facility cannot claim trade secrets under
    EPCRA section 304.

    Even if specific chemical identity information can be legally withheld from the public,
    EPCRA section 323 allows the 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. In non-emergency
    cases, the health professional must sign a confidentiality agreement with the facility
    and provide a written statement of need. During a medical emergency, the health
    professional may obtain the specific chemical identity from the facility for treatment.

    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.

    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 or TERC, LEPC, and state or local government may institute
    actions against facility owner or operator for failure to comply with EPCRA
    requirements. In addition, states may sue EPA for failure to provide trade secret
    information.
Office of Emergency Management                                                   Factsheet

-------
EPCRA                                                                 September 2012
   Reporting Schedules

   Section

   302   One time notification to SERC / TERC and LEPC.

   304   Each time a release above a reportable quantity of an EHS or CERCLA
         Hazardous Substance occurs to LEPC and SERC or TERC.

   311   One time submission of MSDS or list of hazardous chemicals. An update is
         required for new chemicals or new information about chemicals already
         submitted to the SERC or TERC, LEPC, and the fire department with
         jurisdiction over the facility.

   312   Annually, by March 1 to SERC or TERC, LEPC, and the fire department with
         jurisdiction over the facility.

   313   Annually, by July 1, to EPA, states and tribes.
  Where Can You Find EPCRA Information?

  Regulations, policy memorandums, answers to frequently asked questions related to
  EPCRA sections 301 to 312 can be obtained from:
  www.epa.qov/emerqencies/content/epcra/index.htm.

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

  EPA has compiled a list of all chemicals covered under these regulations into a single
  list and published them as The Title III List of Lists, which is available online:
  www.epa.gov/emerqencies/tools.htmfflol.

  Each year, EPA publishes the TRI National Analysis, a report summarizing the most
  recent TRI data. TRI data are available through a variety of online tools and applications
  at www.epa.gov/tri/tridata. Users can search TRI data  by year, facility name, geographic
  location, chemical of interest and industry sector.

  Initial emergency release notifications made to the National Response Center or EPA
  are available online: www.nrc.uscg.mil/nrchp.html.

  A list of SERCs is available online:
  www.epa.qov/emerqencies/content/epcra/serc contacts.htm

  Factsheet on Chemical Emergency Preparedness and Prevention in Indian Country can
  be obtained from  http://www.epa.gov/osweroe1/docs/chem/tribalalert.pdf.
Office of Emergency Management                                                 Factsheet

-------
EPCRA                                                                 September 2012

  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 chemicals 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
  Chemical Accident Prevention regulations must submit a risk management plan (RMP)
  summarizing its program.


  For More Information
  Contact the Superfund, TRI, EPCRA, RMP & Oil Information Center:
  800-424-9346 or 703-412-9810
  TDD 800-553-7672 or 703-412-3323 Metropolitan DC area and international TDD

  Monday - Friday, 10:00 AM to 5:00 PM,  EST

  For information on the Office of Emergency Management, visit:
  www.epa.qov/emerqencies.

  For EPA EPCRA Regional contacts,  visit:
  http://www.epa.qov/emerqencies/content/reqional.htm.

  For information on chemical emergency preparedness and prevention in Indian country,
  visit: http://www.epa.qov/tribalcompliance/pubsafety/pspublicdrill.htmIffchemical

  For more information about the TRI Program, visit: www.epa.gov/tri.
Office of Emergency Management                                                 Factsheet

-------