United States Office of Solid Waste 550-F-15-002
Environmental Protection and June 2015
Agency Emergency Response vwvw2.epa.gov/epcra
How to Better Prepare Your Community
for a Chemical Emergency
A Guide for State, Tribal and Local Agencies
The Emergency Planning and Community Right-to-Know Act (EPCRA) was passed by
Congress in 1986 in response to concerns raised by the major industrial accident that
occurred in 1984 in Bhopal, India. In that accident, which killed and disabled hundreds
of thousands, the public was unaware of the hazardous chemicals in use and stored at
the facility and they lacked information on what to do when accidents occur. Soon after,
a chemical accident at a facility in Institute, West Virginia in 1985 raised concerns in the
U.S. about local preparedness for chemical emergencies and the availability of
information on hazardous chemicals.
The need for EPCRA continues today. More recent incidents have occurred, such as
the 2013 West, Texas fertilizer facility ammonium nitrate explosion that killed 15 people,
the 2010 explosion and fire at Tesoro Refinery in Anacortes, Washington, that killed
seven employees, and the 2012 Chevron Refinery hydrocarbon fire in Richmond,
California, that affected 15,000 people in the surrounding area. These incidents
highlight the need for continued improvement in a number of areas related to chemical
facility safety including the need for greater awareness of chemical hazards present in
communities, better planning, and appropriate response to chemical incidents.
On August 1, 2013, the White House issued Executive Order (EO) 13650 on Improving
Chemical Facility Safety and Security. The Chemical Facility Safety and Security
Working Group, established by Executive Order 13650, released the status report
entitled Actions to Improve Chemical Facility Safety and Security - A Shared
Commitment on June 6, 2014, which includes key considerations identified in the
process of implementing the EO. Some of those considerations include:
• Strengthening the state and local infrastructure created by EPCRA for
emergency planning and preparedness
o This infrastructure includes State Emergency Response Commissions
(SERCs), Tribal Emergency Response Commissions (TERCs), Local
Emergency Planning Committees (LEPCs), and Tribal Emergency
Planning Committees (TEPCs)
• Ensuring participation of key stakeholders (i.e., community members,
emergency responders and industry) in the planning process
• Engaging chemical facilities in preventing, preparing for, and responding to
chemical accidents, and
• Ensuring effective communication and notifications to the community
members before, during, and following a chemical accident.
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Chemical Emergencies: A Guide for State, Tribal and Local Agencies
June 2015
he purpose of EPCRA is to:
Encourage and support emergency planning efforts at the state, tribal and local levels
Provide local governments and first responders with information concerning potential
chemical hazards present in their planning district
Prevent, prepare for, and mitigate the effects of a chemical incident, and
Provide the public with information on chemical risks in their community and information on
what to do if a chemical accident occurs.
VERVIEW OF EPCRA REQUIREMENT
Emergency
Planning
Section 302, the emergency
planning provisions of EPCRA,
requires facilities to provide
notification of the presence of
extremely hazardous
substances (EHSs) on their
sites. Facilities must also
provide a representative who
will serve as the facility
emergency coordinator to the
LEPC orTEPC and participate
in local emergency planning
activities. The LEPCs and
TEPCs use this information to
develop or modify local
emergency response plans as
required under Section 303.
Section 303 authorizes LEPCs
and TEPCs to request any
information that is needed to
develop or update their
emergency plans from facilities
subject to Section 302
requirements.
Hazardous Chemical Inventory
Reporting
Sections 311 and 312 of EPCRA
contain provisions for hazardous
chemical inventory reporting,
also known as community right-
to-know reporting. Facilities that
handle hazardous chemicals,
defined under the Occupational
Safety and Health Act and its
implementing regulations, above
set threshold amounts are
required to provide information
on the chemicals, their
quantities, locations, and
potential hazards.
Section 311 requires facilities to
submit a Material Safety Data
Sheet, MSDS (or Safety Data
Sheet, SDS) for each hazardous
chemical, or a list of hazardous
chemicals, present at or above
the reporting thresholds specified
in the implementing regulations.
Section 312 requires that
facilities submit an inventory of
these hazardous chemicals (Tier
II form) annually by March 1st.
The MSDSs or list of chemicals
and Tier II form are submitted to
the SERC (orTERC), LEPC (or
TEPC), and the local fire
department.
Information submitted on the Tier
II form may also be useful to
LEPCs and TEPCs in their
planning process since it
provides information on other
hazardous chemicals as well as
EHSs present at the facilities in
their community.
Emergency Release
Notification
Facilities are required to provide
immediate notification to the
SERCs, TERCs, LEPCs and
TEPCs of any releases of EHSs
and hazardous substances listed
under the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA). Soon after a release,
facilities are required to provide a
written follow-up with additional
information regarding the
release. The immediate
notification and follow-up reports
will include: the name and
quantity of the chemical
released; the media to which the
chemical was released; known or
anticipated acute or chronic
health risks; proper precautions
to take (e.g., evacuation or
shelter-in-place); actions taken to
respond to and contain the
release; and advice regarding
medical attention necessary for
exposed individuals.
LEPCs and TEPCs can use this
information to improve their local
emergency plan to better prepare
for a chemical incident. An actual
incident can be used to evaluate
and measure the effectiveness of
the emergency plan.
Effectiveness may be determined
by how well the response was
undertaken and how the
emergency situation was
communicated to responders
and the community.
Office of Emergency Management
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Chemical Emergencies: A Guide for State, Tribal and Local Agencies
June 2015
"What are the functions of the organizations created by EPCRA to
protect the community from chemical risks?"
SERCs
TERCs
LEPCs
TEPCs
State Emergency
Response
Commissions
Tribal Emergency
Response
Commissions
Local Emergency
Planning
Committees
Tribal Emergency
Planning
Committees
SERCs are appointed
by the governor of
each state to establish
LEPCs.
TERCs are established
by the Chief Executive
Officer of the Tribe.
TERCs have the same
responsibilities as
SERCs under EPCRA
in the tribal region.
LEPCs are
established by the
SERC in each state.
TEPCs are
established by the
TERC in each tribal
region. They have
the same
responsibilities as
LEPCs in the tribal
region.
Responsibilities include establishing LEPCs (or)
TEPCs; reviewing local emergency plan;
supervising LEPC (or) TEPC activities;
establishing mechanisms for collecting hazardous
chemical inventories and information on releases
of chemicals from facilities; and establishing
procedures for processing public information
requests.
Responsibilities include preparing chemical
emergency response plan and reviewing the
plan annually or more frequently as
necessary; coordinating responses to
emergency releases serving as a focal point
in the community for providing information
and holding discussions about chemical risks
in the community; and establishing
procedures for processing public information
requests.
Roles and Responsibilities under EPCRA
SERCs and TERCs
SERCs and TERCs are required to establish emergency planning districts, appoint
LEPCs and TEPCs, and supervise and coordinate all activities of the LEPCs and TEPCs
in their state or tribal region. SERCs and TERCs should ensure that each planning
district has an emergency plan and that emergency exercises are conducted at least
once a year. SERCs and TERCs must review the plan and make recommendations to
improve the plan, as well as ensure that each LEPC or TEPC plan is coordinated with
the plans of neighboring emergency planning districts. SERCs and TERCs should assist
LEPCs and TEPCs with community meetings to discuss emergency plans and
understand the chemical risks.
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Chemical Emergencies: A Guide for State, Tribal and Local Agencies June 2015
Designation of Additional Facilities Subject to Emergency Planning
While the emergency planning provisions in EPCRA are limited to EHSs and the
facilities that handle them, other chemicals and facilities may also pose danger to the
community in an emergency. Section 302 authorizes SERCs and TERCs to designate
additional facilities subject to emergency planning notification. SERCs and TERCs could
consider naming individual sites or companies, or designate certain classes of facilities
as ways to expand the number of facilities included in the planning process after public
notice and opportunity for comment. EPA encourages SERCs and TERCs to use this
authority so these additional facilities and the chemicals they handle would also be
subject to emergency planning. This would require these facilities to participate in the
local emergency planning process and provide information on chemical risks at their
facility. LEPCs and TEPCs would be able to include these facilities also in their
emergency plan.
LEPCs and TEPCs
LEPCs and TEPCs play a key role in meeting the goals of EPCRA. They are required to
develop and implement an emergency plan for their community, as well as to ensure
that the people in the community are aware of the chemical risks and know what to do if
a chemical accident occurs. It is important that the members of the LEPC or TEPC
represent all stakeholders in their community. EPCRA states that LEPC or TEPC
membership shall include, at a minimum, representatives from these entities:
• Elected state • Broadcast and • Health
and local print media • Community
officials • Hospital groups
• Law enforcement • Fire fighters • Facility owners
• Civil defense • First aid and/or operators
• Transportation • Local environmental
Representatives from each of these organizations play an important role in developing
the local emergency plan and protecting the public during chemical emergencies.
For many communities, a successful LEPC or TEPC acts as a forum to support the
overall emergency management program within the community. Stakeholders bring
their specific expertise and talents into the planning process to ensure all elements of
the plan are appropriately addressed. For example, facility owners and operators who
know and understand the chemical risks at their facility can assist the LEPC or the
TEPC in identifying actions to take in order to prepare for and respond to a chemical
accident. Members of the public also have a role to play in assisting the LEPC or the
TEPC in understanding the unique needs of the community regarding communication
about the chemical risks and emergency response procedures. For example, individuals
with special medical needs, such as the elderly, disabled/handicapped, children, and
those with transportation challenges. Tailoring outreach to meet the specific
considerations of the local community is key to enabling effective participation in the
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Chemical Emergencies: A Guide for State, Tribal and Local Agencies June 2015
planning process and an efficient response to ensure safety of the public.
LEPCs and TEPCs must appoint a chairperson and establish rules by which the
committee shall function. Rules shall include:
• Public notification of committee activities, and
• Public meetings to discuss the emergency plan, public comments,
response to such comments by the committee, and distribution of the
emergency plan.
The emergency plan should include:
• Facilities that handle EHSs and transportation routes of EHSs, as well as
any facilities designated by the SERC or TERC
• Emergency response procedures for facility owners and operators, as well
as for local emergency and medical personnel
• Designation of a community and a facility emergency coordinator to
implement the plan
• Procedures for notifying the public and the local emergency response
team that a release has occurred
• Methods for determining the occurrence of a chemical release
• Determination of the probable area and population affected by potential
releases, including considerations of environmental justice, vulnerable
residents, fence-line communities, etc.
• Identification of emergency response equipment in the community and at
the facilities in the community, and the persons responsible for them
(including identification of the response capabilities of regulated facilities)
• Evacuation plans (including evacuation routes and shelter-in-place
procedures)
• Training program for emergency responders (including schedules)
• Methods and schedules for exercising emergency response plan.
An incident in one community may affect other communities. LEPCs and TEPCs should
consult with other LEPCs and TEPCs near their emergency planning districts to
coordinate planning efforts and potential mutual response support during an incident.
Additionally, LEPCs and TEPCs should consider the unique challenges of industrial
parks (i.e., clustering of facilities) and their potential for impacts to adjacent facilities and
fence-line communities.
LEPCs and TEPCs are required to review the emergency plan at least once a year or
more frequently when changes occur in the community. To accomplish this, LEPCs and
TEPCs should meet regularly to review and exercise the plan and update it as
necessary. Conducting emergency plan exercises are important to ensure that the plan
includes all necessary elements and any gaps or areas that need improvement are
identified. Emergency plan exercises would benefit emergency responders to be better
prepared for an incident.
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Chemical Emergencies: A Guide for State, Tribal and Local Agencies June 2015
Developing an Emergency Response Plan
With the information obtained from facilities under Section 302, LEPCs and TEPCs are
required to develop the local emergency response plan for their community. There are
approximately 90,000 facilities covered by Section 302. EPCRA authorizes LEPCs and
TEPCs to obtain any information from these facilities necessary to develop or update
the emergency response plan. Necessary information includes identification of
chemicals of concern, identification of serious events that can lead to releases, amounts
of toxic material or energy that could be released, predicted consequences of the
release and associated damages, and prevention measures in place at the facility.
Emergency Planning for Hazardous Chemicals reported under the
Community Right-to-Know sections of EPCRA
With approximately 400,000 facilities reporting under Section 311 and 312, the chemical
information provided by these facilities offers a wealth of additional information that can
be useful to first responders, LEPCs, and TEPCs in the local planning process. LEPCs
and TEPCs should use information received under Sections 311, 312, and 302 to
develop, implement, and update the emergency response plan. It is critically important
that first responder organizations make full use of the chemical hazard information for
appropriate training and to minimize the risks to fire-fighters, medics and hazmat teams
when responding to an emergency.
The Tier II form under Section 312 requires specific information on facilities that handle
hazardous chemicals. Beyond the requirements for specific information about the facility
(e.g., the address of the location where hazardous chemicals are stored, latitude and
longitude, maximum number of occupants, and whether the facility is manned or
unmanned), the form now requires facilities to provide contact information for the facility
emergency coordinator. This one-time notification required under Section 302 was
originally provided by the facilities that existed when the law was passed in 1986.
Requirements to update this information may have been overlooked by some facilities;
they are now required to report this information annually on the Tier II form. In addition
to the emergency contact information, facilities are required to provide contact
information for the person responsible for the content of the Tier II form. The additional
requirements on the Tier II form were published in the Federal Register notice on July
12, 2012 (77 FR 41314), effective January 1, 2014.
Regarding chemical information, the Tier II form requires facilities to report specific
information on hazardous chemicals, such as the amounts (in ranges), locations, and
the potential hazards related to those chemicals. This information can supplement the
information provided by facilities under Section 302 for local emergency planning. It can
assist LEPCs and TEPCs in updating their emergency plan. Additionally, some facilities
should have an emergency plan in place for potential chemical accidents at their facility.
One important issue to address in the local emergency plan is to ensure that either the
facility itself or the public emergency responders have the capabilities to respond to a
chemical release at a facility.
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Chemical Emergencies: A Guide for State, Tribal and Local Agencies June 2015
LEPCs and TEPCs should use all information received under EPCRA and from
chemical facilities to assist them in developing an emergency response plan that
addresses chemical risks to the community.
Emergency Planning for Substances in Transportation
Although EPCRA provides an exemption for facilities from reporting substances in
transportation for emergency planning purposes, chemicals in transportation or facilities
that are involved in chemical transportation operations should also be included in the
local emergency plan. Section 303 requires LEPCs and TEPCs to identify transportation
routes of EHSs as part of the planning process. LEPCs and TEPCs should consider
including substances other than EHSs in transportation. Many transportation-related
incidents involved other substances which have adversely affected the community and
require response actions to be taken by local responders.
Some recent incidents involving crude oil transported by rail have significantly impacted
communities. These incidents compelled the federal government to implement more
protective regulations. The US Department of Transportation issued an Emergency
Order (USDOT Emergency Order on Transport of Bakken Crude Oil) requiring railroads
that operate trains moving large quantities to notify the SERCs and TERCs about the
operation of these trains through their states or tribes. As of June 2014, SERCs began
to receive such notifications under this EO. TERCS may reach out to SERCs to obtain
information on trains operating through the tribal lands. SERCs and TERCs should be
sharing the information with local emergency planners and responders so that LEPCs
and TEPCs can include these operations in the local emergency plan. On May 28, 2015
the DOT announced that the Emergency Order will remain in full force and effect until
further notice while the DOT considers options for codifying the Order disclosure
requirement. The DOT notice is available: http://www.phmsa.dot.qov/hazmat/phmsa-
notice-reqardinq-emerqency-response-notifications-for-shipments-of-petroleum-crude-
oil-bv-rail.
LEPCs and TEPCs should use their authority provided in Section 303 to request
information from facilities for substances that may be in transportation through their
community. This will allow emergency responders to be prepared for any chemical-
related transportation incident.
Tools for Planning and Response
Facilities subject to EPCRA requirements submit their reports to the SERCs, TERCs,
LEPCs, TEPCs and their local fire department. Reports include the amount (in ranges),
locations and potential hazards of chemicals present on site. To assist state, tribal, and
local agencies in collecting, managing, and using this information, EPA and the National
Oceanic and Atmospheric Administration (NOAA) created the Computer-Aided
Management of Emergency Operations (CAMEO). CAMEO is a system of software
applications used to plan for and respond to chemical emergencies. CAMEO assists
chemical emergency planners and responders to access, store, and evaluate
information critical for developing emergency plans.
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Chemical Emergencies: A Guide for State, Tribal and Local Agencies June 2015
There are four integrated programs within CAMEO:
• Facility and chemical data • Air dispersion modeling
management • Mapping application
• Chemical properties and hazards
Fire Departments Role in Emergency Planning
Representatives of the fire service play a key role in implementing EPCRA. Since fire
departments are often the first to respond to an emergency, they should be active in the
emergency planning process for their community. EPCRA Sections 311 and 312 require
facilities to submit MSDSs (or SDSs) or a list of hazardous chemicals along with the Tier
II form to their local fire department and to the SERC (or TERC) and LEPC (or TEPC).
Having access to this information enables fire departments that respond to chemical
emergencies to know which chemicals, as well as their quantities and locations they can
expect to find at the scene. Fire departments should inspect facilities that handle
hazardous chemicals using the authority provided under Section 312. As part of an on-
site inspection, facilities are required to provide location information of all hazardous
chemicals present at the facility. Fire departments are encouraged to use this authority to
understand the chemical risks at each facility in order to appropriately respond to those
risks. As noted above, it is critically important that first responder organizations make full
use of the chemical hazard information for appropriate training and to minimize the risks
to fire-fighters, medics and hazmat teams when responding to an emergency.
It is also important to keep an open dialogue with facility personnel to ensure facility
participation in the development and implementation of the local emergency plan.
Facilities subject to emergency planning under Section 302 are required to provide the
name of a facility representative to participate in the planning process. Facilities subject
to Section 312 Tier II reporting are required to appoint an emergency contact who can
be reached in the event of an incident to assist the fire fighters. These facility
representatives can help the fire department in planning and fostering communication
before and during response to an incident. Facilities in your community may offer
training, technical assistance and resources for responding to chemical emergencies.
Collaboration and Outreach with Stakeholders
Working with Chemical Facilities on planning and prevention
There may be facilities in the community that are not aware of EPCRA and its reporting
requirements. SERCs, TERCs, LEPCs and TEPCs should reach out to facilities in their
community. Outreach could include compliance workshops and electronic media. Many
SERCs and LEPCs have published EPCRA outreach materials to educate facilities and
the public. EPA encourages collaboration through outreach to facilities to illustrate the
importance of public safety and the need to comply with EPCRA, as well as steps that
can be taken to prevent chemical accidents. These steps could include reducing
inventories of chemicals, reducing shipments or adjusting transportation routes away
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Chemical Emergencies: A Guide for State, Tribal and Local Agencies
June 2015
from vulnerable populations, and working with adjacent
chemical facilities to reduce the potential for "domino"
effects from a chemical accident.
With regard to enforcement efforts, if facilities fail to
comply, then SERCs, TERCs, LEPCs and TEPCs may
use the authority provided in EPCRA Section 326 to file
civil enforcement action against facilities. SERCs,
TERCs, LEPCs and TEPCs may also refer facilities to
EPA to take enforcement action, if necessary.
Engaging the Community
LEPCs and TEPCs serve as a community focal point
for information and discussion about hazardous
substances, emergency planning, and health and
environmental risks. Engaging and educating the
community is an important part of meeting the goals of
EPCRA, especially for those members of the
community identified in the local response plan that
could be directly affected by the impacts of a chemical
accident. Section 301 contains provisions for LEPCs
and TEPCs to notify the public of its activities and hold
public meetings to discuss the emergency plan with the
community, educate the public about chemical risks,
and share information on what is to be done during an
emergency (i.e., evacuation or shelter-in-place). LEPCs
and TEPCs are responsible for ensuring that
procedures are in place for notifying the public when a
chemical accident occurs (via reverse 911 or other
system) and ensuring that the public understands what
to do when they receive that information. To facilitate
this, LEPCs and TEPCs should encourage the public
and community groups to become LEPC or TEPC
members, participate in the planning process, and
promote participation in emergency exercises.
Additionally, LEPCs and TEPCs should consider
focused outreach (i.e., addressing language and
cultural issues) to vulnerable, sensitive, and low
income members of the community to assist them in
effectively participating in the local planning meetings,
understanding risk issues, and what to do when an
accident occurs.
ENGAGING FACILITIES
LEPCs / TEPCs should educate
facilities that are unaware of
EPCRA reporting requirements
and provide assistance to facilities
to comply with EPCRA reporting
requirements. In addition,
LEPCs/TEPCs should work with
facilities to identify actions which
could be taken to reduce chemical
risks to the community.
Ways in which LEPCs / TEPCs
can reach out to facilities is by
sending letters, as well as
brochures and outreach materials
to facilities in your community that
cover the requirements of EPCRA
- including penalties for non-
compliance. Outreach may also
include holding public meetings or
workshops for local facilities to
explain the reporting process and
the information which is needed
for reporting, as well as
participating in the development of
the local emergency plan.
In addition, LEPCs/TEPCs
should encourage facility owners
and operators to become
members of the LEPC / TEPC and
be a part of the planning process.
Facilities are prime resources to
assist LEPCs/TEPCs in
explaining potential chemical risks
to the community.
Another approach to gather
needed facility and chemical
information is for LEPCs / TEPCs
to use questionnaires requesting
facilities to provide information on
available resources, emergency
response training held at the
facilities, emergency response
equipment, and so forth. This
information is invaluable during
the LEPC / TEPC emergency
planning process.
Office of Emergency Management
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Chemical Emergencies: A Guide for State, Tribal and Local Agencies June 2015
Public Access to Information under EPCRA
SERCs, TERCs, LEPCs and TEPCs receive reports and notifications under EPCRA
from facilities covered under the requirements. EPCRA requires that this information be
made available to the public. Fence-line Communities located close to chemical
facilities will find this information useful to help them understand chemical risks and
prepare for chemical accidents. Information that would be most helpful includes:
• The local response plan that identifies the potential chemical risks to their
community and response actions to be taken;
• How the public will receive information on these risks, as well as how they will
receive notification when a chemical accident occurs; and
• What they need to do to prepare for a chemical accident and how to protect
themselves once they receive the notification that a chemical accident has
occurred.
SERCs, TERCs, LEPCs and TEPCs are required to establish procedures for processing
and receiving requests from the public as well as providing that information to
community members. Procedures may include setting-up a reading room, establishing
hours of operation, determining if copies of the reports can be made, and determining if
service fees will be charged.
For More Information
EPCRA: http://www2.epa.gov/epcra
NRT Hazardous Materials Emergency Planning Guidance:
http://www.nrt.org/production/nrt/nrtweb.nsf/AIIAttachmentsBvTitle/SA-
27NRT1 Update/$File/NRT-1 %20update.pdf?OpenElement
Actions to Improve Chemical Facility Safety and Security - A Shared Commitment:
https://www. osha.gov/chemicalexecutiveorder/index. htm I
EPCRA Requirements:
http://www2.epa.gov/sites/production/files/2013-08/documents/epcra fact sheet.pdf
CAMEO: http://www2.epa.gov/cameo
EPA EPCRA Regional Contacts: http://www2.epa.gov/epcra/epa-regional-epcrarmp-
contacts
EPA Superfund, TRI, EPCRA, RMP & Oil Information Center:
http://www2.epa.gov/epcra/superfund-tri-epcra-rmp-oil-information-center
800-424-9346 or 703-412-9810
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