National LEPC-TEPC Handbook
EMERGENCY PLANNING
for
RELEASES OF HAZARDOUS CHEMICALS
EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW ACT
Office of Emergency Management
U S EPA
Washington, D.C.
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Acknowledgements
The EPA Office of Emergency Management would like to extend its tremendous gratitude to
Steve Mason for his years of service to EPA's mission, for his dedication, and for developing the
first handbook for Local Emergency Planning Committees (LEPCs) in EPA Region 6.
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Table of Contents
PREFACE vii
Background viii
Organization viii
Abbreviations x
History, Purpose and Basic Requirements of EPCRA xi
History xi
Purpose of EPCRA xii
Basic Requirements of EPCRA xii
Precursors to EPCRA xiv
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)
xiv
Voluntary Chemical Emergency Preparedness Programs Prior to EPCRA xv
EPA's Chemical Emergency Preparedness Program xv
Industry and State Programs xvi
PART I Statutory and Regulatory Requirements for Facilities, States, Tribes and Local
Agencies 1
Chapter 1. EPCRA Section 301: Establishment of State Commissions, Planning Districts,
and Local Committees 3
1.1 State Emergency Response Commissions 3
1.2 Tribal Emergency Response Commissions (TERCs) 4
1.3 SERC and TERC Responsibilities 4
1.4 Establishment of LEPCs and TEPCs 7
1.5 LEPC and TEPC Primary Responsibilities 9
1.6 State and Tribal EPCRA Programs 10
Chapter 2. EPCRA Section 302: Emergency Planning Notification 11
2.1 List of Extremely Hazardous Substances 11
2.2 Emergency Planning Notification 13
2.3 Exemptions 15
2.4 Designation of Additional Facilities Subject to Emergency Planning 15
Chapter 3. EPCRA Section 303: Comprehensive Emergency Response Plans 17
3.1 LEPCs and TEPCs: Planning for Chemical Risks in Communities 18
3.2 Facilities: Additional Responsibilities for Emergency Planning 19
3.3 Elements of an Emergency Response Plan for Potential Chemical Hazards in
Your Community 20
3.4 SERC, TERC and RRT: Review Emergency Response Plan 21
3.5 Public Access to Emergency Response Plan 22
Chapter 4. EPCRA Section 304: Emergency Release Notification 23
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4.1 Substances Covered in EPCRA Section 304 Release Notification 23
4.2 Facilities: Initial Release Notification Process 25
4.3 Facilities: Follow-up Emergency Notice (Written Report) 28
4.4 Transportation Related Releases 29
4.5 America's Water Infrastructure Act of 2018 29
4.6 Public Access to Follow-up Report 32
4.7 Facilities: Reporting Requirements for Continuous Releases of EHSs and
CERCLA Hazardous Substances 32
Chapter 5. EPCRA Sections 311 and 312: Hazardous Chemical Inventory Reporting 34
5.1 Facilities: Criteria for Reporting under Sections 311 and 312 34
5.2 EPCRA Section 311: Material Safety Data Sheets (or Safety Data Sheets) 36
5.3 EPCRA Section 312—Hazardous Chemical Inventory Forms 43
5.4 Amendments to EPCRA Section 312 under the America's Water Infrastructure
Act of 2018 53
5.5 Summary of Sections 311 and 312: Reports, Chemical Covered, Entities
Receiving the Reports 54
Chapter 6. EPCRA Section 322: Trade Secrets 55
6.1 Trade Secret Regulations 57
6.2 Facilities—Procedures for Filing Trade Secret Claims 57
6.3 Public Petitions Requesting Disclosure of a Trade Secret Chemical 58
EPA may review a trade secret claim to determine its validity upon receipt of a petition or
may 59
initiate such a review at any time. EPA will notify the facility if the trade secret claim
package 59
contains insufficient information and may request additional information from the
submitter 59
EPA will also notify the submitter if the claim is valid 59
6.4 Trade Secret Access for Health Professionals 59
6.5 Information Provided to the State 60
6.6 Information on Adverse Effects 60
Chapter 7. EPCRA Section 323: Provision of Information to Health Professionals, Doctors,
and Nurses 62
7.1 Non-Emergency Diagnosis or Treatment 62
7.2 Medical Emergency Situations 63
7.3 Preventive Research Studies and Treatment Measures 64
7.4 Written Statement of Need 65
Chapter 8. EPCRA Section 324: Public Availability of Plan, Data Sheets, Forms, and
Follow-up Notices 66
8.1 Public Access to EPCRA Reports 67
8.2 Notice of Public Availability 67
Chapter 9. EPCRA Section 325: Enforcement 69
9.1 Violations of EPCRA Sections 302 and 303(d) 69
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9.2 Violations of EPCRA Section 304 and CERCLA Section 103 69
9.3 Violations of EPCRA Sections 311, 312, 322(a)(2) and 323(b) 71
Chapter 10. EPCRA Section 326: Civil Actions 72
10.1 State or Local Suits 73
Chapter 11. Other EPA Regulations 74
11.1 Risk Management Program 74
11.2 Toxic Chemical Release Inventory 77
11.3 RCRA: Hazardous & Non-Hazardous Solid Waste 78
Summary of EPCRA Regulations and Stakeholder Responsibilities 82
PART II Guidance and Resources for Implementing EPCRA 84
Chapter 12. Organizational Structure of LEPCs and TEPCs 86
12.1 LEPC and TEPC Organization 87
12.2 Diversity in Membership Is Essential to Successful Pre-Planning 88
12.3 Role as an LEPC or TEPC Member 88
12.4 Appointments 89
12.5 Term Limits 91
12.6 Subcommittees 91
12.6.2 Standard Topics Addressed by Subcommittees 92
Chapter 13. Duties of LEPCs and TEPCs 95
13.1 Adopt Rules of Operation (By-Laws) 95
13.2 All-Hazards Emergency Planning 95
13.3 Make Recommendations to Municipal and State Agencies 96
13.4 Serve as Advisory Committee to Political Subdivisions 96
13.5 Meetings 96
13.6 Maintenance of Records 97
Chapter 14. How to Maintain a Healthy and Active LEPC and TEPC Organization 99
14.1 Maintaining a Healthy LEPC and TEPC 99
14.2 Ideas to Help Keep Committees Active 100
14.3 Other Suggestions for Outreach to Facilities in Your Planning District 101
Chapter 15. EPCRA Program & Environmental Justice 104
15.1 Communicating with your Community 105
15.2 Cultural and Linguistic Considerations for Effective Communication 105
Chapter 16. Effective Planning for Chemical Emergencies 107
16.1 LEPC and TEPC Tasks for Effective Planning 107
16.2 Required Elements of a Chemical Emergency Plan Provided in EPCRA Section
303 Ill
Chapter 17. Tools and Resources for Planning and Response 122
17.1 Computer-Aided Management of Emergency Operations (CAMEO) Software
Suite 122
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17.2 Guidance Documents for Planning 125
Chapter 18. Conducting a Hazard Analysis 126
18.1 Hazard Analysis 126
18.2 Hazards/Vulnerability/Capability Assessments 128
Chapter 19. Commodity Flow Study 129
Chapter 20. Training Resources 130
20.1 Emergency Response Training 130
20.2 Training Resources 131
Chapter 21. Other Key Groups for Success of EPCRA 133
21.1 Public Institutions 133
21.2 Industry and Small Businesses 133
21.3 Health Professionals 133
Chapter 22. Funding and Grants 135
22.1 Grants 135
Chapter 23. Local Governments Reimbursement (LGR) Program 137
23.1 LGR Regulation and Resources 137
23.2 Who Responds to Emergency Situations? 138
23.3 The Role of the Responsible Party 138
23.4 Determining Eligibility 138
23.5 Requirements for Reimbursement 139
23.6 Reimbursement Application 140
23.7 Frequently Asked Questions 141
Chapter 24. NIMS Compliance Requirements for LEPCs and TEPCs 144
Chapter 25. Chemical Facility Anti-Terrorism Standards (CFATS) and Emergency Planning
for LEPCs and TEPCs 145
25.1 Overview 145
25.2 Guidance Documents 145
Chapter 26. Measuring Progress in Chemical Safety: A Guide for LEPCs and TEPCs 146
APPENDICES 147
Appendix A. Examples of LEPC or TEPC Membership 148
Appendix B. Sample Invitation Letter to Request Participation in an LEPC or TEPC
Organization 149
Appendix C. Sample LEPC or TEPC Membership Update Form 151
Appendix D. Suggested Profile of the LEPC or TEPC 153
Appendix E. Sample LEPC By-Laws 155
Appendix F. Examples of LEPC Mission Statements 164
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Appendix G. Holding an Effective LEPC and TEPC Meeting 169
Appendix H. Facility Questionnaire to Obtain Additional Information for Emergency Planning
176
Appendix I. Planning Principles and Perils: A Guide to Effective Planning 181
Appendix J. Sample Facility EPCRA Section 302 Planning Letter Submitted to SERC/TERC,
LEPC/TEPC 184
Appendix K. Energize Your LEPC—Region 7 Newsletter 186
Appendix L. What to Do in a Chemical Emergency 192
Appendix M. Sample Public Notice or News Release 195
Appendix N. Emergency Planning Checklist for LEPCs and TEPCs 196
Appendix O. LEPC and TEPC Self-Evaluation Check 210
Appendix P. Sample Response Reimbursement Letter for Responsible Party 213
Appendix Q. Fact Sheet—Implementation of the HAZWOPER Program 215
Appendix R. Crosswalk of Statutes/CFR Regulations/ USC Citations 224
Technical Resources 226
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This guidance is intended to strengthen community preparedness for accidental chemical
releases. It does so by increasing understanding of the Emergency Planning and Community
Right-to-Know Act (EPCRA) of 1986 and its amendments under the America's Water
Infrastructure Act (AWIA) of 2018. The information provided in this guidance will be helpful
for all communities that endeavor to better prepare for chemical accidents and other
emergencies. It will also be valuable for new and existing members of the tribal and local
organizations responsible for implementing EPCRA.
Background
After the December 1984 Union Carbide incident in Bhopal, India,12 the President signed into
law the Superfund Amendments and Reauthorization Act (SARA) on October 17, 1986. Title III
of SARA is also known as EPCRA. The law mandates emergency planning efforts at the state,
tribal and local levels and provides citizens and emergency responders with information
concerning potential chemical hazards present in their communities.
This guide is organized to provide the reader with an understanding of the EPCRA requirements
for facilities handling hazardous chemicals, implementing responsibilities for Local Emergency
Planning Committees (LEPCs) and Tribal Emergency Planning Committees (TEPCs), and
guidance on how to maintain an effective LEPC or TEPC organization in each community.
Organization
This document is divided into two parts, followed by a series of appendices.
Part I of this document discusses statutory and regulatory requirements for facilities that handle
or accidentally release hazardous chemicals and state, tribal and local agencies' responsibilities
for collecting information, developing emergency response plans for the community and
providing public access to information. Part I also includes statutory text from 1986 EPCRA
legislation and amendments to EPCRA under the America's Water Infrastructure Act of 2018.
Part I discusses only the requirements provided in the federal EPCRA statute, its implementing
regulations and EPA's interpretations of the federal law. Please refer to your state or tribal right-
to-know program for state-specific or tribal-specific requirements.
States and tribes have always given the flexibility to implement EPCRA as necessary for their
communities and meet the goals of EPCRA, which are to prepare for and respond to releases of
hazardous substances and provide the public with information on potential chemical risks in their
communities. This flexibility includes adding more chemicals, lower reporting thresholds, state-
specific reporting forms or formats, etc. EPA is aware that some states follow the federal
EPCRA program and others have more stringent EPCRA programs.
1 https://www.voutube.com/watch?v=sMHmv-95MrI
2 https://en.wikipedia.org/wiki/Bhopal disaster
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Since 1986, there have been many changes, as LEPCs and TEPCs have assumed additional
responsibilities for community preparedness, including state or tribal requirements for all-hazard
planning and response. Therefore, your state or tribal emergency management organization or
other federal agencies may require you to develop an emergency operations plan (EOP) for all
hazards (i.e., flood, hurricane, earthquake, terrorism, etc.). While you may be required to plan for
all hazards, preparing your community for chemical releases, required by EPCRA, should be part
of the all-hazard plan. Alternatively, you may prepare a stand-alone emergency plan for
potential chemical accidents.
One key thing has not changed. LEPCs and TEPCs are the key to success in achieving the goals
of EPCRA. They hold the primary authority for gaining the information necessary to prepare and
protect their communities from chemical accidents.
Part II of this document provides guidance to LEPCs and TEPCs on organizational structure,
how to perform their duties to meet the requirements under the law and suggestions for
implementing EPCRA requirements, including developing an emergency response plan for your
community. Recognizing that the people who serve on LEPCs and TEPCs also are involved in
implementing other environmental laws and all-hazards emergency planning/management, this
document will provide guidance on coordinating these efforts. This part of the document also
provides information on tools and resources available to LEPCs and TEPCs to assist with
implementing EPCRA requirements.
Part II of this document also provides an overview of other federal regulatory programs that
LEPCs and TEPCs may need to be familiar with, as the information reported by facilities under
these programs may also be useful in community preparedness.
The Appendices in this document contain sample LEPC by-laws, how to hold an effective
meeting, sample LEPC mission statements, etc. that LEPCs and TEPCs may want to follow.
This document also contains a list of several resources that LEPCs and TEPCs may refer to for
implementing EPCRA requirements.
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Abbreviations
ACC
American Chemistry Council
ALOHA®
Areal Locations of Hazardous Atmospheres
AWIA
America's Water Infrastructure Act
CAA
Clean Air Act
CAMEO®
Computer-Aided Management of Emergency Operations
CERCLA
Comprehensive Environmental Response, Compensation, and Liability Act
CEPP
Chemical Emergency Preparedness Program
CFATS
Chemical Facility Anti-Terrorism Standards
CMA
Chemical Manufacturers Association
CSB
U.S. Chemical Safety Board
DHS
Department of Homeland Security
DOT
U.S. Department of Transportation
EHS
Extremely Hazardous Substance
EPA
U.S. Environmental Protection Agency
EPCRA
Emergency Planning and Community Right-to-Know Act
ERP
Emergency Response Plan
FEMA
Federal Emergency Management Agency
GDC
General Duty Clause
HAZWOPER
Hazardous Waste Operations and Emergency Response
HCS
Hazard Communication Standard
HMEP
Hazardous Materials Emergency Preparedness
HHFT
High Hazard Flammable Trains
ICP
Integrated Contingency Plan (also known as the "One Plan")
LEPC
Local Emergency Planning Committee
MARPLOT
Mapping Application for Response, Planning, and Local Operational Tasks
NCP
National Oil and Hazardous Substances Pollution Contingency Plan
NRT
National Response Team
OSH Act
Occupational Safety and Health Act
OSHA
Occupational Safety and Health Administration
RCRA
Resource Conservation and Recovery Act
RMP
Risk Management Program (or Risk Management Plan)
RRT
Regional Response Team
SARA
Superfund Amendments and Reauthorization Act
SDS
Safety Data Sheet
SERC
State Emergency Response Commission
SPI
Safety Performance Indicators
TEPC
Tribal Emergency Planning Committee
TERC
Tribal Emergency Response Commission
TPQ
Threshold Planning Quantity
TRI
Toxics Release Inventory
TSDF
Treatment, Storage, and Disposal Facility
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History, Purpose and Basic Requirements of EPCRA
History
The Emergency Planning and Community Right-to-Know Act (EPCRA), also known as "SARA
Title III," was passed on October 17, 1986, in response to concerns regarding environmental and
safety hazards posed by the storage and handling of hazardous chemicals. These concerns were
triggered by two major chemical incidents.
Bhopal, India: December 1984
Late on December 2, 1984, a faulty valve at a Union Carbide facility allowed water to mix with a
tank of methyl isocyanate (MIC), resulting in a vigorous exothermic reacti on in the tank. At
around 1:00 AM on December 3, a safety valve failed, releasing a plume of toxic gases,
including MIC. By dawn, thousands of people were dead, along with buffaloes, cows, dogs and
birds. Local hospitals were soon overwhelmed with the injured, a crisis further compounded by a
lack of knowledge of exactly what gases were involved and what their effects were. Estimates of
the number of people killed in the first few days by the plume run as high as 10,000, with 15,000
to 20,000 premature deaths reportedly occurring in the subsequent two decades. The government
reported that more than half a million people were exposed to the gas.3
Institute, West Virginia: August 1985
Shortly after the Bhopal disaster, a
chemical release from another
Union Carbide facility further
demonstrated that these types of
incidents could happen anywhere
and that many communities could
be facing similar or worse
catastrophic risks. A release of
aldicarb oxime with other
chemicals from this facility sent
more than 125 people to the
hospital and again highlighted the
lack of information on industrial
chemicals and their risks available
to communities. This incident
increased national attention to
hazardous chemicals in
iNcUt fjork Simes
' YORK. MONDAY. AUGUST It, 19V
Figure 1. Front page of the New York Times, August 12,1985,
showing the Union Carbide incident in Institute, West
Virginia.
3 https://ehioumal.biomedcentral.com/articles/10.1186/1476-069X-4-6
Gas Escapes From Area Used
to Process Chemical That
Killed 2,000 m Bhopal
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communities and spurred Congressional action.4
Purpose of EPCRA
The main purpose of EPCRA (also known as "SARA Title III") is to:
• Ensure first responders and citizens are prepared for an accidental chemical release.
• Increase the public's knowledge of and access to information on:
o The presence of hazardous chemicals in their communities.
o Releases of hazardous chemicals into the environment.
The dual legislative purposes of EPCRA are reflected in its name: emergency planning and
community right-to-know. The first part of the law requires facilities to report the presence and
release of hazardous chemicals to federal, state, tribal and local authorities. The second part of
the law is community right-to-know provisions, which require facilities to report inventories of
hazardous chemicals and releases of toxic chemicals.
Basic Requirements of EPCRA
Congress enacted EPCRA to establish requirements for federal, state, tribal and local
governments and industry regarding emergency planning and release notification, community
right-to-know, and reporting on hazardous and toxic chemicals. These requirements are essential
to meeting EPCRA's goal of improving local emergency preparedness and increasing
community awareness of chemical hazards.
EPCRA has four provisions related to preparing the community for chemical accident releases,
divided into Subtitles A and B:
• Subtitle A: Establishing the framework for state, tribal and local emergency planning,
o Emergency Planning Notification (Section 302)
o Emergency Release Notification (Section 304)
• Subtitle B: Mechanism for informing the public of the presence of chemicals and releases of
toxic chemicals
o Hazardous Chemical Inventory Reporting (Sections 311 and 312)
o Toxic Chemical Release Reporting (Section 313)
Subtitle C contains provisions related to providing public access to EPCRA information,
enforcement, and civil actions for failure to comply with requirements of EPCRA (Sections 324
to 326).
4 Environ Health. 2005;4(1):6. Published 2005 May 10. doi:10.1186/1476-069X-4-6; Sharma DC. Bhopal: 20 Years
On. Lancet. 2005; 365:111-112. DOI: 10.1016/S0140-6736(05)17722-8.
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Figure 2. EPCRA provisions.
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Precursors to EPCRA
Prior to EPCRA, federal, state and local programs assumed the responsibility for responding to
chemical incidents. Emergency response was delegated to the National Response Team (NRT),5
Regional Response Teams (RRTs), and state and local response teams. A few of these programs
are discussed below.
December 2 3,
1984: Bhopal,
India, MIC
release
August 11,
1985: MIC
release in
Institute, WV
1985:
CEPP (EPA's
voluntary
program
created
list of EHSs)
1986:
EPCRA
(SARA Title I
enacted
Figure 3. Timeline of the development of EPCRA, its precursors, and its amendments.
Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA)
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980—
otherwise known as CERCLA or Superfund—provides a federal "superfund" to clean up
uncontrolled or abandoned hazardous-waste sites as well as accidents, spills, and other
emergency releases of pollutants and contaminants into the environment. Through CERCLA,
5 The NRT is composed of representatives of 15 federal agencies with responsibilities for emergency preparedness
and response. EPA and the U.S. Coast Guard (USCG) serve as Chair and Vice Chair, respectively. The National Oil
and Hazardous Substances Pollution Contingency Plan (NCP) and the Code of Federal Regulations (40 CFR part
300) outline the role of the NRT and RRTs. RRTs consist of regional representatives of the federal agencies on the
NRT, as well as state emergency response and preparedness officials.
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EPA has authority to seek out those parties responsible for any releases and assure their
cooperation in the cleanup.
EPA cleans up sites even if potentially responsible parties cannot be identified or located, or
when they fail to act. Through various enforcement tools, EPA obtains private party cleanup
through orders, consent decrees, and other small party settlements. EPA also recovers costs from
financially viable individuals and companies once a response action has been completed.
EPA is authorized to implement the Act in all U.S. states and territories. Superfund site
identification, monitoring and response activities in states are coordinated through the state and
tribal environmental protection or waste management agencies.
CERCLA was the first federal law designed to address the release of chemicals in the
environment, prior to the enactment of EPCRA. However, CERCLA did not address chemical
preparedness in local communities. For example, CERCLA did not account for:
• Identifying on-site chemical storage at facilities.
• Pre-planning at state, tribal, and local levels.
• Training local emergency and medical personnel to deal with incidents involving exposure to
chemicals.
In addition, the public did not have access to chemical inventory information under CERCLA.
The Superfund Amendments and Reauthorization Act (SARA) of 1986 reauthorized CERCLA to
continue cleanup activities around the country. Section 103(a) of CERCLA "as amended"
requires that the person in charge of a vessel or facility immediately notify the National
Response Center whenever a reportable quantity (RQ) or more of a CERCLA hazardous
substance is released in any 24-hour period, unless the release is federally permitted. The
purpose of this requirement is to notify federal government officials of potentially dangerous
releases so that they can evaluate the need for a response action.
Voluntary Chemical Emergency Preparedness Programs Prior to EPCRA
Prior to 1986, a mandatory national emergency response program and comprehensive state and
local programs to address chemical accidents were lacking in communities throughout the
country.
The Bhopal tragedy prompted the initiation of several programs; some were voluntary. A few are
discussed below.
EPA's Chemical Emergency Preparedness Program
Although emergency response programs such as CERCLA were in existence to respond to
releases of hazardous substances and oil, there was no federal mandate to plan and prepare the
community for chemical accidents. The Bhopal, India, tragedy demonstrated that substances that
are acutely toxic and have a high potential for becoming airborne posed a hazard to the
community. In many cases, public health and the environment may be impacted before
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emergency response personnel arrive on the scene of a release. For these types of releases,
comprehensive emergency planning to prepare for the possibility of a release is vital to
effectively protect the public and the environment. To address this, in June 1985, EPA initiated
the voluntary Chemical Emergency Preparedness Program (CEPP) as part of the Agency's Air
Toxics Strategy for addressing both continuing and accidental releases of toxic substances into
the air.
This voluntary program's goals were to:
• Increase community awareness of chemical hazards.
• Better coordinate federal activities.
• Develop state and local response plans for dealing with chemical accidents.
Under CEPP, EPA developed a list of substances and guidance materials to help local
communities focus their planning efforts. The list of chemicals developed under the CEPP
program later became the list of extremely hazardous substances (EHSs) established under
EPCRA Section 302, which will be discussed in Chapter 2.
Industry and State Programs
At the same time as EPA established the voluntary CEPP program, the Chemical Manufacturers
Association (now known as the American Chemistry Council (ACC)) also set up a voluntary
program called Community Awareness and Emergency Response (CAER) for member
companies to become more involved in their local community by explaining their plant's
operations and participating in local emergency planning.
More than 30 states passed laws (some even before the Bhopal tragedy) giving workers and
citizens access to information about hazardous substances in their workplaces and communities.
Some of the state programs required reporting of toxic chemical releases and the presence of
hazardous substances. A few required information to be available to the public.
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PART I
Statutory and Regulatory Requirements
for
Facilities, States, Tribes and Local Agencies
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Part I provides an overview of state, tribal and local organizations established under EPCRA and
these agencies' implementation responsibilities. This part explains the federal EPCRA statute
and its implementing regulations for facilities handling hazardous chemicals.
Your state or tribal organization may have more stringent reporting requirements than the federal
EPCRA program for facilities that handle hazardous chemicals. Refer to your state or tribal
EPCRA program for state-specific requirements.
Many states adopted the federal EPCRA program, while others developed a more stringent
program according to the needs of their community. EPA is also aware that states and tribes and
other federal agencies now require all-hazard planning (e.g., hurricane, tornado, terrorism, etc.);
however, planning for chemical emergencies should be an important part of this. This handbook
provides EPCRA statutory requirements, as well guidance and suggestions on how to plan for
chemical emergencies to protect your community and first responders from potential chemical
hazards.
In addition, this handbook will provide references to other federal agencies' requirements for
planning for all hazards and will provide links to the related documents.
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Chapter 1. EPCRA Section 301: Establishment of
State Commissions, Planning Districts,
and Local Committees
EPCRA places full responsibility on state, tribal, and local agencies to prepare for, respond to,
and protect the community from chemical accidents. To fulfill these responsibilities, EPCRA
requires states to establish certain organizations. These organizations and their responsibilities
are provided in Section 301 of the law.
Note: Provisions from the EPCRA statute are provided in text boxes throughout this document.
1.1 State Emergency Response Commissions
EPCRA Section 301(a): Establishment of State emergency response commissions
Not later than six months after October 17, 1986, the Governor of each State shall appoint a
State emergency response commission. The Governor may designate as the State emergency
response commission one or more existing emergency response organizations that are State-
sponsored or appointed. The Governor shall, to the extent practicable, appoint persons to the
State emergency response commission who have technical expertise in the emergency
response field. The State emergency response commission shall appoint local emergency
planning committees under subsection (c) and shall supervise and coordinate the activities of
such committees. The State emergency response commission shall establish procedures for
receiving and processing requests from the public for information under section 324 of this
title, including tier II information under section 312 of this title. Such procedures shall include
the designation of an official to serve as coordinator for information. If the Governor of any
State does not designate a State emergency response commission within such period, the
Governor shall operate as the State emergency response commission until the Governor makes
such designation.
As required, the state emergency response commission (SERC) was established for each state by
the governor in an executive order or by state law. The SERC then established local emergency
planning districts and a local emergency planning committee (LEPC) for each district.
Section 301 states that the governor may choose an existing state organization as the SERC and
must appoint persons who have technical expertise in the emergency response field. As required
by the law, SERCs were established within months after the law was passed.
Some states formed SERCs from existing organizations, such as state environmental, emergency
management, transportation, or public health agencies. In others, they were new organizations
with representatives from public agencies and departments, along with various private groups
and associations.
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1.2 Tribal Emergency Response Commissions (TERCs)
All federally-recognized tribes have the same responsibilities as states for implementing EPCRA.
A final rule on July 26, 1990 (55 FR 30632), designated tribes as the implementing authority for
EPCRA on all lands in Indian Country.
The chief executive of the tribe, typically a president or chairman, is responsible for the same
functions as the state governor under EPCRA Section 301, including the appointment of an
emergency response commission of the tribe, designation of local emergency planning districts,
and the appointment of an emergency planning committee for each district. That person acts as
the TERC if one has not been established or a cooperative agreement is not developed to
authorize the state to implement EPCRA.
If a tribe is not prepared to undertake the EPCRA program, a cooperative agreement may be
developed to authorize the state to implement EPCRA in tribal region. Alternatively, a tribe may
choose to enter into a cooperative agreement with another tribe or a consortium of tribes in
which its lands are located.
1.3 SERC and TERC Responsibilities
Section 301(a) to (c) describes SERCs' responsibilities. (See text box above for legislative
language in Section 301(a) and below for Section 301(b) and (c).) While not specifically stated
in the statute, TERCs have the same responsibilities as SERCs.
• Establish local emergency planning districts.
• Appoint LEPCs and TEPCs.
• Supervise and coordinate the activities of the LEPCs/TEPCs in their state or tribe.
• Establish procedures for receiving and processing requests from the public for information
listed in Section 324, including Tier II6 information collected under Section 312, as well as
emergency response plans. Chapter 8 discusses requirements under EPCRA Section 324.
Each of these responsibilities is explained below.
Establishment of Local Emergency Planning Districts
EPCRA Section 301(b): Establishment of emergency planning districts
Not later than nine months after October 17, 1986, the State emergency response commission
shall designate emergency planning districts in order to facilitate preparation and
implementation of emergency plans. Where appropriate, the State emergency response
commission may designate existing political subdivisions or multijurisdictional planning
organizations as such districts. In emergency planning areas that involve more than one State,
the State emergency response commissions of all potentially affected States may designate
6 Tier II information is submitted by facilities under EPCRA Section 312, hazardous chemical inventory reporting
requirements, which will be covered in Chapter 5 of this document.
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emergency planning districts and local emergency planning committees by agreement. In
making such designation, the State emergency response commission shall indicate which
facilities subject to the requirements of this subchapter are within such emergency planning
district.
Within nine months after the law was passed, EPCRA Section 301(b) required SERCs to
designate emergency planning districts to facilitate preparation and implementation of
emergency plans, generally by existing political subdivisions, counties or townships.
Section 301(b) also states that if emergency planning areas involve more than one state, SERCs
of all potentially affected states may designate emergency planning districts and LEPCs by
agreement. If such designations are made, SERCs should indicate which facilities would be
within the emergency planning district.
TERCs are also responsible for designating emergency planning districts and naming the
facilities that would be included within each planning district. If TERCs are not established, the
chief executive of the tribe may reach out to the SERC to establish a cooperative agreement with
the state to implement EPCRA in the tribal region. The tribe may enter into an agreement with
the state to implement certain provisions of EPCRA or for full implementation.
As required, local emergency planning districts were established in each state within the time
provided in the statute.
Appoint LEPCs and TEPCs
EPCRA Section 301(c): Establishment of local emergency planning committees
Not later than 30 days after designation of emergency planning districts or 10 months after
October 17, 1986, whichever is earlier, the State emergency response commission shall
appoint members of a local emergency planning committee for each emergency planning
district. Each committee shall include, at a minimum, representatives fi'om each of the
following groups or organizations: elected State and local officials; law enforcement, civil
defense, firefighting, first aid, health, local environmental, hospital, and transportation
personnel; broadcast and print media; community groups; and owners and operators of
facilities subject to the requirements of this subchapter. Such committee shall appoint a
chairperson and shall establish rides by which the committee shall function. Such rides shall
include provisions for public notification of committee activities, public meetings to discuss
the emergency plan, public comments, response to such comments by the committee, and
distribution of the emergency plan. The local emergency planning committee shall establish
procedures for receiving and processing requests fi'om the public for information under
section 324 of this title, including tier II information under section 312 of this title. Such
procedures shall include the designation of an official to serve as coordinator for information.
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EPCRA Section 301(d): Revisions
A State emergency response commission may revise its designations and appointments under
subsections (b) and (c) as it deems appropriate. Interested persons may petition the State
emergency response commission to modify the membership of a local emergency planning
committee.
Within 30 days after the designation of the emergency planning districts, Section 301(c) requires
SERCs and TERCs to appoint members of an LEPC or TEPC for each emergency planning
district.
Section 301(d) allows SERCs and TERCs to revise the designation of emergency planning
districts and LEPCs and TEPCs as necessary for each community. Any person may petition the
SERC or TERC to modify the membership of an LEPC or TEPC. (See text box provided below
for legislative language of EPCRA Section 301(c) and (d)).
Supervise and Coordinate the Activities of the LEPCs and TEPCs
SERCs and TERCs should assist their LEPCs and TEPCs to meet their responsibilities, as
prescribed in the EPCRA statute, to protect their communities from chemical accidents. In
addition, states and tribes may have their own requirements for community preparedness,
including all-hazard planning. EPA encourages SERCs and TERCs to provide proper direction
for LEPCs and TEPCs to meet these requirements. You may develop guidance, attend LEPC (or
TEPC) meetings regularly, assist in conducting exercises to implement the emergency response
plan, assist in explaining potential risks to the community, etc. In addition, SERCs and TERCs
should develop guidance or fact sheets to inform LEPCs and TEPCs of any new statutory
requirements, regulations or policies set by the state, and EPA and other federal agencies'
regulations that may apply to them and to the
regulated facilities in their community.
Establish Procedures for Receiving and
Processing Requests from the Public for
Information
EPCRA requires facilities to submit
information on the presence and releases of
extremely hazardous substances, releases of
hazardous substances listed under CERCLA,
and the inventory of hazardous chemicals.
EPCRA also requires facilities to provide
follow-up written reports of any chemical
releases. See Figure 4.
SERCs and TERCs are required to make
information submitted by facilities noted in ^n^r> a r -i-A-
, , , ,• •, , • Figure 4. Reports submitted by EPCRA facilities.
Figure 4 available to the public as provided in {Seg C]mpter 2 Chapter 4 md Chapter s f()r m()re
EPCRA Section 324. (See Chapter 8 for more details )
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details.) To meet this requirement, SERCs and TERCs should establish procedures for public
requests, which may include setting up reading rooms, hours of operation, charges for copying
information, etc.
As prescribed in EPCRA Section 301(a) (see statutory text provided in section 1.1 of this
chapter), SERCs and TERCs should also designate an official to be the information coordinator,
to collect information submitted by facilities under EPCRA and to disseminate information
requested by the public.
1.4 Establishment of LEPCs and TEPCs
As required by EPCRA Section 301(c) (see statutory text provided in section 1.3 of this chapter),
within 10 months after the law was passed, SERCs nationwide established approximately 3,500
LEPCs. As mentioned earlier in this chapter, for tribes that may not have the resources to
implement EPCRA—including establishing a TEPC for each district—tribal representatives may
join neighboring LEPCs to coordinate emergency planning and response to protect citizens in
their community. EPA is aware that few tribes are already part of their neighboring LEPC. EPA
encourages other tribes to join neighboring LEPCs or form TERCs and TEPCs to implement
EPCRA.
Section 301(c) specifies that each LEPC and TEPC organization should include, at a minimum,
representatives from each of the following groups:
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State/Local Officials
Commissioner, sheriff, county clerk, attorney, mayor, state representative,
state emergency management or environmental agency official
Law Enforcement
Police officers, police chief, sheriff, deputies
First Responders
Fire chief, firefighters
Emergency Management
Emergency preparedness coordinator, emergency coordinators for
businesses
Health
County health department, doctors, mental health hospital, hospital
administrator/director, poison control center
Broadcast/
Communications Media
Newspaper, website developers, public information, RACES, ham radio
clubs, local weather reporters
Print Media
Daily or weekly newspaper editors, reporters, trade journal editors/reporters
Emergency Medical
Services
Director of county ambulance, EMS technicians
Transportation
Highway department, school bus director, airport authority, trucking
company, transit
Local Environmental
Groups
County extension office, Environmental Groups (ex: Sierra Club,
conservation groups, Audubon Society), school environmental program
director
Community Groups
Red Cross, Salvation Army, special needs groups, Animal Shelters,
Ministerial Alliance, Chamber of Commerce, Garden Club, Rotary Club,
Kiwanis, Lion's Club; groups focused on environmental justice issues
Facility
Owners/ Operators
Any representative from a facility using/storing hazardous materials within
your county
Other
Residents, home-owners association, ministers, school administrators,
science teachers
Figure 5. Representatives of LEPC (or TEPC) organizations.
While EPCRA Section 301(c) specifies that each LEPC and TEPC organization should include
representatives from each of these groups, EPA recognizes that this is not possible in all
communities. Check with your SERC and TERC for guidance on building membership.
EPCRA Section 301(c) also specifies how an LEPC or TEPC should function as an organization:
• Appoint a chairperson for the committee.
• Establish committee rules, including:
o Provisions for public notification of committee activities.
o Public meetings to discuss the emergency plan, public comments, response to such
comments by the committee and distribution of the emergency plan.
• Establish procedures for receiving and processing requests from the public for information
listed under Section 324, including Tier II information collected under Section 312.
• Designate an official to serve as coordinator for information, which includes receiving
EPCRA reports from facilities and to disseminate information requested by the public.
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The procedures for processing requests from the public can be similar to the SERCs' and
TERCs' described above.
1.5 LEPC and TEPC Primary Responsibilities
Under EPCRA, the LEPC's and TEPC's main responsibility is to develop an emergency
response plan to prepare and protect the community and emergency responders from chemical
accidents. In addition, LEPCs and TEPCs have other responsibilities, directed by their states and
federal agencies, to develop community preparedness plans for all hazards, which may include
planning and responding to natural hazards (e.g., tornadoes, hurricanes, flooding), including
pandemics. LEPCs and TEPCs should reach out to SERC or TERC for assistance and guidance
in meeting these additional responsibilities.
EPCRA expressly intends that the LEPCs and TEPC serve as a focal point in the community for
information and discussion about hazardous chemical emergency planning and health and
environmental risks. They also play a key role in effective all-hazard planning.
The community preparedness process followed today by most state, tribal, and local agencies is:
• Identify the hazards in a community
• Identify the community's capability for addressing the hazards
o The "community" includes all community members, not just emergency response
agencies.
o "Capability" includes awareness of the hazards and the degree to which all community
members are prepared to take action to protect themselves, families and property.
Gaps in "capabilities" will often be obvious, and it is the function of these agencies to
strategically plan to fill these gaps in order to improve community preparedness.
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EPCRA Sections 301 and 303 provide the
following responsibilities for LEPCs and
TEPCs:
• Appoint a chairperson for the committee.
• Establish rules by which the committee
shall function.
• Develop an emergency response plan for
their community.
• Update the emergency response plan at
least once a year, or more frequently as
changes occur in the community.
• Evaluate the need for resources necessary
to develop, implement and exercise the
emergency plan.
• Establish procedures for receiving reports
from facilities in the community. Figure 6. Primary responsibilities of LEPCs and
, , . TEPCs.
• Establish procedures for processing
requests from the public for EPCRA reports, emergency response plan, etc.
Details of LEPC and TEPC responsibilities under EPCRA Section 303 are provided in Chapter
3, as well as in Part II of this document.
1.6 State and Tribal EPCRA Programs
States and tribes are given the flexibility to implement the EPCRA program as necessary for
their community, provided that at least minimum federal requirements are met. EPA is aware
that some communities may not have any facilities that handle hazardous chemicals and that an
LEPC or TEPC may be composed of one or two representatives from first-response
organizations. If your community is lacking resources or technical expertise in planning for
chemical emergencies, EPA encourages you to reach out to your state (or tribal) emergency
management agency or EPA EPCRA Regional Coordinators.
Here is the contact information for EPA EPCRA Regional Coordinators:
https://www.epa.gov/epcra/epcra-regional-contacts.
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Chapter 2. EPCRA Section 302: Emergency
Planning Notification
The purpose of EPCRA Section 302 is to establish and identify a list of substances of concern
and gather information on the presence of these substances at each facility in the community for
emergency planning and response. Specifically, this section of the law requires EPA to publish a
list of extremely hazardous substances (EHSs) and their threshold planning quantities (TPQs)
and requires facilities that handle these substances to notify their SERC or TERC and LEPC or
TEPC that the facilities are subject to emergency planning.
Note: As in the previous chapter, the legislative language is provided in the text boxes.
2.1 List of Extremely Hazardous Substances
EPCRA Section 302(a)(2): List of extremely hazardous substances
Within 30 days after October 17, 1986, the Administrator shall publish a list of extremely
hazardous substances. The list shall be the same as the list of substances published in
November 1985 by the Administrator in Appendix A of the ''Chemical Emergency
Preparedness Program Interim Guidance ''.
EPCRA Section 302(a)(3): Thresholds
(A) At the time the list referred to in paragraph (2) is published the Administrator shall—
(i) publish an interim final regulation establishing a threshold planning quantity for
each substance on the list, taking into account the criteria described in paragraph
(4), and
(ii) initiate a rulemaking in order to publish final regulations establishing a threshold
planning quantity for each substance on the list.
(B) The threshold planning quantities may, at the Administrator's discretion, be based on
classes of chemicals or categories offacilities.
(C) If the Administrator fails to publish an interim final regulation establishing a threshold
planning quantity for a substance within 30 days after October 17, 1986, the threshold
planning quantity for the substance shall be 2 pounds until such time as the Administrator
publishes regulations establishing a thresholdfor the substance.
The list of EHSs was originally developed as part of EPA's voluntary Chemical Emergency
Preparedness Program (1985) to raise state and local awareness of the potential for accidents
involving EHSs and foster development of state and local emergency plans. EPA identified 402
substances that could cause serious irreversible health effects from accidental releases. Congress
established this list as the List of Extremely Hazardous Substances.
EPCRA Section 302 (a)(2) and (a)(3) requires the Administrator of EPA to publish the list of
EHSs and their TPQs for each substance. As required, EPA published the list of EHSs and their
TPQs in a Federal Register notice on November 17, 1986 (interim final rule), and on April 22,
1987, EPA published the final rule. EPA has since deleted several EHSs from the original 1987
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list. Currently, there are 355 EHSs. https://www.ecfr.gov/current/title-40/chapter-I/subchapter-
J/part-3 5 5#Appendix-A-to-Part-3 5 5.
The TPQ established for each EHS triggers planning notification if the chemical is present at
any one time, regardless of location, number of containers, or storage method.
Here are a few examples of the types of facilities in a community that may handle EHSs. EHSs
and their TPQs are also provided.
Type of Facility
Ammonia
(100 lbs)
Chlorine
(100 lbs)
Sulfuric Acid
(500 lbs)
Aldicarb*
(100 lbs/10,000 lbs)
Farms
X
X
Frozen food processing facilities
X
Pesticide distributors
X
Plumbing, heating, and air
conditioning companies
X
Pulp and paper plants
X
X
Water treatment plants
X
X
Swimming pools (county/city)
X
* TPQ for ctldicctrb is 100 pounds for fine powders or solutions, otherwise, 10,000 pounds.
Figure 7. Types of facilities where certain EHSs might be present above their TPQs.
The list of EHSs and their TPQs are intended to help the local community focus on the chemicals
and facilities of the most immediate concern from a community emergency planning and
response perspective. While this list of EHSs includes many of the chemicals that may pose an
immediate hazard to a community upon release, it is not considered a list of all chemicals that are
hazardous enough to require community emergency response planning. There are thousands of
chemicals and mixtures in commerce that, under certain circumstances, would pose danger to the
community and the environment. Similarly, the TPQs established for EHSs are not absolute
levels above which the EHSs are dangerous and below which they pose no threat at all. For this
reason, many LEPCs currently use information received annually under EPCRA Section 312 of
all Occupational Safety and Health Administration (OSHA) hazardous chemicals (including
EHSs) to improve their community emergency response plan. The reporting requirements and
the chemicals subject to EPCRA Section 312 are covered in Chapter 5.
An effective method to access information on EHSs and other chemicals is by using Computer-
Aided Management of Emergency Operations (CAMEO) Chemicals, which can be downloaded
on any electronic device. Details on CAMEO software are discussed in 16.27.
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• Requires EPA to publish a list of EHSs within 30 days of
enactment of EPCRA
Requires EPA to establish TPQs for each substance
• Currently contains 355 EHSs
•TPQs trigger planning notification to SERC/TERC and
LEPC/TEPC
Figure 8. EPCRA Section 302 requires the EPA Administrator to publish the list of EHSs and
TPQs as a first step to plan and protect communities from chemical accidents.
2.2 Emergency Planning Notification
The following is a summary of the requirements set out in the statute under Section 302 for each
stakeholder—facilities, SERCs, TERCs, LEPCs and TEPCs.
2.2.1 Facility Responsibilities—Emergency Planning Notification
As stated in EPCRA Section 302(c), any facility (e.g., refineries, chemical manufacturing
facilities, warehouses, federal facilities, farms) that has any EHS above its TPQ present on-site
at any one time is required to notify their SERC or TERC and LEPC or TEPC. Facilities are
also required to notify within 60 days if a new EHS becomes present at the facility at or above its
TPQ. Facilities that conduct subsurface operations (e.g., mining) also would be subject to the
emergency planning notification if EHSs are handled at these types of operations. LEPCs and
TEPCs should also include these operations in emergency response plans. Details of emergency
response plans will be covered in Chapter 3.
EPCRA Section 302(c): Emergency planning notification
Not later than seven months after October 17, 1986, the owner or operator of each facility
subject to the requirements of this subchapter by reason of subsection (b)(1) shall notify the
State emergency response commission for the State in which such facility is located that such
facility is subject to the requirements of this subchapter. Thereafter, if a substance on the list
of extremely hazardous substances referred to in subsection (a) first becomes present at such
facility in excess of the threshold planning quantity establishedfor such substance, or if there
is a revision of such list and the facility has present a substance on the revised list in excess of
the threshold planning quantity establishedfor such substance, the owner or operator of the
facility shall notify the State emergency response commission and the local emergency
planning committee within 60 days after such acquisition or revision that such facility is
subject to the requirements of this subchapter.
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t >
All facilities, including subsurface operations, with EHSs at or above
their TPQs on-site
Notify SERC/TERC and LEPC/TEPC (facilities are subject to one-time
notification or within 60 days of any EHS being present on-site)
SERC/TERC is required to provide the list of facilities subject to
emergency planning notification to the EPA Administrator (or
Regional EPA Administrator) under EPCRA Section 302(d)(1)
Figure 9. EPCRA Section 302(c): emergency planning notification process.
States may have additional requirements for the facility emergency planning notification process
or require a certain format for providing this notification. LEPCs and TEPCs are encouraged to
be well informed of state and tribal requirements.
Facilities covered under EPCRA Section 312 are required to indicate on their Tier II form (or
format) if they are subject to emergency planning requirements. Details on EPCRA Section 312
requirements are covered in Chapter 5 of this document.
The implementing regulations and list of EHSs and their TPQs are codified in 40 CFR part 355,
Appendices A and B: https://www.ecfr.gov/cgi-bin/text-idx7SIIIN
ad07b 8b3 d 1 a8 7a3 cefc46c709a3 669bb&mc=true&node=ap40.30.355 161. a&rgn=div9.
The list of EHSs and their TPQs can also be found on EPA's List of Lists:
https://www.epa.gov/epcra/consolidated-list-lists-under-epcracerclacaa-ssll2r-august-2020-
version.
2.2.2 Additional Requirements for Facilities
Facilities with EHSs present on site above their TPQs are also required to:
• Designate a representative to be the facility emergency coordinator.
• Participate in the local emergency planning process.
• Provide any information to the LEPC or TEPC that is necessary for developing an emergency
response plan.
V
V
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• Notify the LEPC or TEPC of any changes that occur at the facility that would affect
emergency planning.
These requirements are covered in detail in Chapter 3, "EPCRA Section 303: Comprehensive
Emergency Response Plans."
2.3 Exemptions
There are no exemptions under EPCRA Section 302, except for substances in transportation or
stored incident to transportation, https://www.epa.gov/epcra/section-302-notification-
requirements-transportation-ehss Therefore, LEPCs and TEPCs are required to consider all
facilities in their community that have EHSs present above their TPQs in the local emergency
response plan.
2.4 Designation of Additional Facilities Subject to Emergency Planning
EPCRA Section 302(b)(2): Designate Additional Facilities
For purposes of emergency planning, a Governor or a State emergency response commission
may designate additional facilities which shall be subject to the requirements of this
subchapter, if such designation is made after public notice and opportunity for comment. The
Governor or State emergency response commission shall notify the facility concerned of any
facility designation under this paragraph.
EPCRA Section 302(b)(2) authorizes the governor of the state or the SERC or TERC to
designate additional facilities subject to emergency planning notification. This means that, if the
governor or the SERC or TERC designate facilities that have chemicals that are non-EHSs, these
facilities would need to notify their SERC or TERC and their LEPC or TEPC of the presence of
these chemicals.
Facilities with EHSs are not the only facilities that may pose hazards to a community, nor are
EHSs the only chemicals of concern. For example, facilities that handle hazardous wastes may or
may not have EHSs present on site, but these wastes may still pose significant risks to the
community and emergency responders during an incident.
One example of an incident where a facility that did not have an EHS posed a significant risk to
a community occurred on October 5, 2006, in Apex, North Carolina. A fire at the Environmental
Quality Company (EQ) - a treatment, storage and disposal facility (TSDF)- caused 55-gallon
drums of flammable hazardous waste to explode, sending fire balls in the air. The incident
resulted in 30 people, including 13 first responders, sent to local hospitals for respiratory distress
and nausea, but ultimately, no one was admitted to the hospital. However, approximately 3,300
residents were evacuated.
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Photo: Wake County Fire/Rescue Services.
Figure 10. Environmental Quality Company after the October 5,
2006, fire at Apex, North Carolina.
TSDFs are also not covered under EPCRA Sections 311 and 312 (Hazardous Chemical
Inventory Reporting) because of the exclusion under the OSHA Flazard Communication
Standard (HCS). Therefore, SERCs or TERCs, LEPCs or TEPCs and fire departments would not
be aware of any chemicals stored at these facilities, which could affect their ability to protect the
community and first responders from potential chemical hazards.
EPA encourages SERCs and TERCs to designate facilities that do not handle EHSs but handle
other chemicals, including hazardous wastes that may pose hazards to the community to be
subject to emergency planning notification requirements. After such designation, LEPCs and
TEPCs would also be able to include these facilities in their local emergency response plan.
The governor/chief executive of the tribe or the
SERC/TERC designates additional facilities
, =»
Any chemicals present on site will be subject to
emergency planning notification
Figure 11. Designation of facilities storing and using non-EFIS chemicals.
EPA was informed that some states already include TSDFs in their right-to-know program. Other
states and tribes should also consider including these types of facilities.
In addition, two new hazards facing a community may be marijuana-growing operations and
ethanol production. EFISs and other hazardous chemicals may also be handled at these types of
facilities, which LEPCs and TEPCs should consider including in your emergency response plan
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Chapter 3. EPCRA Section 303: Comprehensive
Emergency Response Plans
EPCRA only requires emergency planning for chemical emergencies. As noted in Chapter 1,
your state or tribe and other federal agencies (e.g., FEMA, Department of Homeland Security,
DOT/PHMSA) may require communities to prepare local EOPs that cover all hazards or those
specific to their regulatory programs. However, protecting the community from chemical hazards
should be part of any EOP that states, tribes or other federal agencies may require. Contact your
state or tribe for specific requirements for your community.
This chapter discusses the required elements for protecting communities from chemical hazards
as provided in EPCRA Section 303. Chemical emergency response plan and the required
elements can be an annex to the community all-hazard plan or a stand-alone plan. EPA
encourages LEPCs and TEPCs to adopt a plan that is appropriate for your community.
Note: Chapter 12 through 16.27 in Part II of this document provide suggestions on LEPC and
TEPC organizational structure, duties, how to effectively plan for chemical emergencies, etc.
EPCRA Section 302:
emergency planning
notification—EHSs
EPCRA Section 303(a): plan
required
LEPCs/TEPCs incorporate all
potential chemical risks to
community into emergency
response plan
+
EPCRA Sections 311
and 312*—Tier II
information
+
LEPC/TEPC requests
more information on
chemicals at facilities
* Discussed later in Chapter 5.
Figure 12. Section 303: developing an emergency response plan.
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3.1 LEPCs and TEPCs: Planning for Chemical Risks in Communities
EPCRA Section 303: Comprehensive emergency response plans
(a) Plan required
Each local emergency planning committee shall complete preparation of an emergency plan in
accordance with this section not later than two years after October 17, 1986. The committee
shall review such plan once a year, or more frequently as changed circumstances in the
community or at any facility may require.
(b) Resources
Each local emergency planning committee shall evaluate the need for resources necessary to
develop, implement, and exercise the emergency plan, and shall make recommendations with
respect to additional resources that may be required and the means for providing such
additional resources.
EPCRA Section 303 assigns the following responsibilities to the LEPCs and TEPCs to ensure
communities are prepared for and protected from chemical releases. Section 303 requires LEPCs
and TEPCs to develop an emergency response plan for chemical risks for their community and
review the plan annually or more frequently if changes occur in the community or at any facility
in that community.
Section 303 also provides required elements of the local emergency response plan for chemical
hazards, provides authority to LEPCs and TEPCs to collect additional information from
facilities, and details facilities' responsibilities.
Specifically, LEPCs and TEPCs are required to:
• Develop an emergency response plan.
• Review and update the emergency plan at least annually, or more frequently as changes
occur in the community or at any facility.
• Assess response capabilities.
• Conduct hazards analysis (see Chapter 188 and Chapter 199 for more information).
• Evaluate resources needed for developing, implementing and executing the emergency
response plan (and ensure the resources evaluation report is forwarded to the SERC/TERC
and the governor/tribal leader for their help in finding the needed resources).
• Conduct an emergency response exercise (a table-top or full-scale exercise) and update the
emergency plan as necessary after the exercise based on the review of the emergency plan
during the exercise. (An alternative is to review an actual event and use the lessons learned to
update the community emergency plan.)
LEPCs and TEPCs should plan for chemical emergencies and protect the community from
potential danger by using the information received under EPCRA Section 302, Emergency
Planning Notification (see Chapter 2). In addition, LEPCs and TEPCs should also include
facilities that store or handle other hazardous chemicals that may also pose a risk to the
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community. Information on these facilities is received under EPCRA Sections 311 and 312.
{Note: Reporting requirements for other hazardous chemicals are covered in Chapter 5.)
3.2 Facilities: Additional Responsibilities for Emergency Planning
EPCRA Section 303(d): Providing of information
For each facility subject to the requirements of this subchapter:
(1) Within 30 days after establishment of a local emergency planning committee for the
emergency planning district in which such facility is located, or within 11 months after
October 17, 1986, whichever is earlier, the owner or operator of the facility shall notify
the emergency planning committee (or the Governor if there is no committee) of a facility
representative who will participate in the emergency planning process as a facility
emergency coordinator.
(2) The owner or operator of the facility shall promptly inform the emergency planning
committee of any relevant changes occurring at such facility as such changes occur or are
expected to occur.
(3) Upon request fi'om the emergency planning committee, the owner or operator of the
facility shall promptly provide information to such committee necessary for developing
and implementing the emergency plan.
In addition to notifying the SERC or TERC and LEPC or TEPC that the facility is subject to
emergency planning due to the presence of EHSs, EPCRA Section 303 includes additional
requirements for facilities subject to emergency planning notification. This section also
authorizes LEPCs and TEPCs to request any information from facilities subject to emergency
planning, necessary for developing and implementing the emergency plan (see Section
303(d)(3)).
Additional responsibilities for facilities include:
• Designating a representative to be the facility emergency coordinator.
• Participating in the local emergency planning process.
• Providing any information to the LEPC or TEPC that is necessary for developing an
emergency response plan.
• Notifying LEPC or TEPC of any changes that occur at the facility that would affect
emergency planning.
Each of these provisions is explained below.
3.2.1 Facility Emergency Coordinator
EPCRA Section 303(d)(1) requires facilities to provide the name of a facility emergency
coordinator to their LEPC or TEPC. This individual should become a member of the LEPC or
TEPC organization, attend meetings and help other members of these organizations, particularly
first responders, understand potential chemical risks. LEPCs and TEPCs should contact any
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facilities that have not provided this information. The facility emergency coordinator is required
to participate in the emergency planning process.
3.2.2 Changes Occurring or Expected to Occur at the Facility that Would be Relevant to
Emergency Planning
If a facility increases the quantity of EHSs that have already been reported or if the location of
the EHSs is moved to another area at the facility, then these changes may affect the emergency
plan. Facilities are required to submit such information to their LEPC or TEPC.
LEPCs and TEPCs are encouraged to discuss such matters at their respective meetings and
update the emergency plan as necessary.
3.2.3 Promptly Providing any Information upon Request to the LEPC or TEPC
Section 302 only requires facilities to provide notification to the LEPC or TEPC that they have
EHSs present above their TPQs. They are not required to provide any specifics (e.g., the name of
the chemical, the amount present on site, etc.). However, under Section 303(d)(3), facilities are
required to provide any information that LEPCs or TEPCs request for emergency planning
purposes.
Note: Specific information on EHSs is reported annually on the Tier IIform but the information
provided is for the previous year. The authority provided to LEPCs and TEPCs under EPCRA
Section 303(d)(3) can be used to obtain current information from facilities on EHSs they handle.
It is necessary for industry to be a part of the LEPC or TEPC planning process to ensure facility
plans, required under state right-to-know regulations or other federal regulations (e.g., Risk
Management Program, Clean Air Act (CAA) Section 112(r)), are compatible with local
emergency plans. Other federal laws and regulations may require additional information be
provided to the LEPC/TEPC. With this additional information, LEPCs and TEPCs will be able to
incorporate all potential chemical risks to the community into the local emergency response plan.
3.3 Elements of an Emergency Response Plan for Potential Chemical
Hazards in Your Community
EPCRA Section 303(c): Plan provisions
Each emergency plan shall include (but is not limited to) each of the following:
(1) Identification of facilities subject to the requirements of this subchapter that are within the
emergency planning district, identification of routes likely to be usedfor the
transportation of substances on the list of extremely hazardous substances referred to in
section 302(a) of this title, and identification of additional facilities contributing or
subjected to additional risk due to their proximity to facilities subject to the requirements
of this subchapter, such as hospitals or natural gas facilities.
(2) Methods and procedures to be followed by facility owners and operators and local
emergency and medical personnel to respond to any release of such substances.
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(3) Designation of a community emergency coordinator andfacility emergency coordinators,
who shall make determinations necessary to implement the plan.
(4) Procedures providing reliable, effective, and timely notification by the facility emergency
coordinators and the community emergency coordinator to persons designated in the
emergency plan, and to the public, that a release has occurred (consistent with the
emergency notification requirements of section 304 of this title).
(5) Methods for determining the occurrence of a release, and the area or population likely to
be affected by such release.
(6) A description of emergency equipment andfacilities in the community and at each facility
in the community subject to the requirements of this subchapter, and an identification of
the persons responsible for such equipment and facilities.
(7) Evacuation plans, including provisions for a precautionary evacuation and alternative
traffic routes.
(8) Training programs, including schedules for training of local emergency response and
medical personnel.
(9) Methods and schedules for exercising the emergency plan.
Each of the elements that should be included in an emergency response plan are discussed in
Chapter 16, as well suggestions for LEPCs and TEPCs to consider when developing a plan for
their planning district. Additional guidelines and suggestions are provided in Appendix N,
"Emergency Planning Checklist for LEPCs and TEPCs."
LEPCs and TEPCs should contact their states (or tribes) for additional requirements regarding
planning for all hazards, including chemical emergencies.
Once the emergency response plan is developed, LEPCs and TEPCs should submit the plan to
the SERC or TERC to review and update as necessary.
3.4 SERC, TERC and RRT: Review Emergency Response Plan
EPCRA Section 303(e): Review by State emergency response commission
After completion of an emergency plan under subsection (a) for an emergency planning
district, the local emergency planning committee shall submit a copy of the plan to the State
emergency response commission of each State in which such district is located. The
commission shall review the plan and make recommendations to the committee on revisions of
the plan that may be necessary to ensure coordination of such plan with emergency response
plans of other emergency planning districts. To the maximum extent practicable, such review
shall not delay implementation of such plan.
EPCRA Section 303(f): Guidance Documents
The National Response Team, as established pursuant to the National Contingency Plan as
established under section 105 of CERCLA, shall publish guidance documents for preparation
and implementation of emergency plans. Such documents shall be published not later than
five months after October 17, 1986.
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EPCRA Section 303(g): Review of plans by regional response teams
The regional response teams, as established pursuant to the National Contingency Plan as
established under section 9605 of this title, may review and comment upon an emergency plan
or other issues related to preparation, implementation, or exercise of such a plan upon request
of a local emergency planning committee. Such review shall not delay implementation of the
plan.
The SERC and TERC should review their LEPCs and TEPCs plan and make recommendations,
as well as coordinate plans with neighboring emergency planning districts.
LEPCs and TEPCs may also request that their RRT, established under the National Contingency
Plan, CERCLA Section 105, review and coordinate responses. RRTs can provide technical
assistance, equipment, or human resources to respond to an emergency situation. They may also
identify any gaps in the plan and assist in improving it or conducting exercises. For more
information on RRTs, visit https://www.epa.gov/emergencv-response/regional-response-teams.
3.5 Public Access to Emergency Response Plan
As required by EPCRA Section 324, discussed in Chapter 8, LEPCs and TEPCs should provide
the community with access to the emergency response plan. There may also be requests to
explain potential chemical risks to the community, as well as to hold meetings to explain
evacuation and/or shelter-in-place procedures.
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Chapter 4. EPCRA Section 304: Emergency Release
Notification
Prior to EPCRA, there were other programs, such as CERCLA Section 103, that required
facilities to notify federal authorities of releases of hazardous substances defined under
CERCLA. However, these programs did not require facilities to notify the authorities at the
community level that would be affected by the release.
EPCRA Section 304 emergency
notification supplements CERCLA Sect
103 release notification by requiring
facilities to notify the state, tribal and lo
authorities of any area(s) likely to be
affected by any releases of CERCLA
hazardous substances and EPCRA
extremely hazardous substances. This
notification allows the state, tribal and
local authorities to receive release
information as soon as releases occur in
order to protect the community from
potential hazards.
This chapter explains facilities Figure 13. Release notification under CERCLA and
requirements for providing proper EPCRA.
notification of releases, as well as
suggestions for LEPCs and TEPCs to use the information to plan and prepare the community for
potential future chemical releases.
In addition, this chapter will discuss the recent amendments to EPCRA Section 304 under the
American Water Infrastructure Act of 2018, which places responsibilities on SERCs and TERCs
as well state drinking water agencies.
Note: As in the previous chapters in this document, the italicized text boxes are provisions from
the EPCRA statute.
4.1 Substances Covered in EPCRA Section 304 Release Notification
:ion
ical
CERCLA Section 103
EPCRA Section 304
EPCRA Section 304(a) Types of Releases
(1) 302(a) substance which requires CERCLA notice
If a release of an extremely hazardous substance referred to in section 302(a) of this title
occurs fi'om a facility at which a hazardous chemical is produced, used, or stored, and such
release requires a notification under section 103(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act of1980 [42 U.S.C. 9603(a)] (hereafter in this
23
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section referred to as ' 'CERCLA ") (42 U.S.C. 9601 et seq.), the owner or operator of the
facility shall immediately provide notice as described in subsection (b).
(2) Other 302(a) substance
If a release of an extremely hazardous substance referred to in section 11002(a) of this title
occurs fi'om a facility at which a hazardous chemical is produced, used, or stored, and such
release is not subject to the notification requirements under section 103(a) of CERCLA [42
U.S.C. 9603(a)], the owner or operator of the facility shall immediately provide notice as
described in subsection (b), but only if the release—
(A) is not a federally permitted release as defined in section 101(10) of CERCLA [42 U.S.C.
9601(10)],
(B) is in an amount in excess of a quantity which the Administrator has determined (by
regulation) requires notice, and
(C) occurs in a manner which would require notification under section 103(a) of CERCLA
[42 U.S.C. 9603(a)].
Unless and until superseded by regulations establishing a quantity for an extremely hazardous
substance described in this paragi'aph, a quantity of 1 pound shall be deemed that quantity the
release of which requires notice as described in subsection (b).
(3) Non-302(a) substance which requires CERCLA notice
If a release of a substance which is not on the list referred to in section 302(a) of this title
occurs at a facility at which a hazardous chemical is produced, used, or stored, and such
release requires notification under section 103(a) of CERCLA [42 U.S.C. 9603(a)], the owner
or operator shall provide notice as follows:
(A) If the substance is one for which a reportable quantity has been established under section
102(a) of CERCLA [42 U.S.C. 9602(a)], the owner or operator shall provide notice as
described in subsection (b).
(B) If the substance is one for which a reportable quantity has not been established under
section 102(a) of CERCLA [42 U.S.C. 9602(a)]—
(i) Until April 30, 1988, the owner or operator shall provide, for releases of one pound
or more of the substance, the same notice to the community emergency coordinator
for the local emergency planning committee, at the same time and in the same form, as
notice is provided to the National Response Center under section 103(a) of CERCLA
[42 U.S.C. 9603(a)].
(ii) On and after April 30, 1988, the owner or operator shall provide, for releases of one
pound or more of the substance, the notice as described in subsection (b).
(4) Exempted releases
This section does not apply to any release which results in exposure to persons solely within
the site or sites on which a facility is located.
The first part of this chapter provides a brief explanation on the type of substances covered for
release notification requirements under EPCRA Section 304. See Error! Reference source not
found..
As provided in Section 304(a), there are two types of substances covered under the release
notification. These are hazardous substances listed under Section 103(a) of CERCLA
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("CERCLA HSs") and the extremely hazardous substances listed under Section 302 of EPCRA
("EPCRA EHSs"). Facilities are required to provide notification of releases of these substances,
provided that the release(s) meet certain criteria and the releases are not exempted.
This chapter discusses the release notification process and provides suggestions for LEPCs and
TEPCs on how to use the information received for planning for chemical releases and protecting
the community from potential hazards. It does not include any details on the regulated
substances. For details, refer to the online training "EPCRA Training for States, Tribes, LEPCs,
Local Planners and Responders (Non-Section 313)," posted at https://www.epa.gov/epcra/epcra-
training-states-tribes-lepcs-local-planners-and-responders-non-section-313.
Note: The legislative text for initial release notification process, as well as the entities that
receive the notification and the contents of initial notification, is provided below.
4.2 Facilities: Initial Release Notification Process
EPCRA Section 304(b): Notification
(1) Recipients of notice
Notice required under subsection (a) shall be given immediately after the release by the owner
or operator of a facility (by such means as telephone, radio, or in person) to the community
emergency coordinator for the local emergency planning committees, if established pursuant
to section 11001(c) of this title, for any area likely to be affected by the release and to the State
emergency response commission of any State likely to be affected by the release. With respect
to transportation of a substance subject to the requirements of this section, or storage incident
to such transportation, the notice requirements of this section with respect to a release shall be
satisfied by dialing 911 or, in the absence of a 911 emergency telephone number, calling the
operator.
Substances common to
both lists (153)
Figure 14. Substances subject to release reporting under EPCRA Section 304.
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Section 304(b)(1) requires facilities to immediately notify the community emergency coordinator
of the LEPC or TEPC and the SERC or 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 800 hazardous substances subject to the emergency notification requirements under
CERCLA Section 103(a). The EPCRA Section 304 requirement supplements the reporting
requirement under CERCLA Section 103. The implementing regulations of EPCRA Section 304,
Emergency Release Notification, are codified in 40 CFR Part 355: https://www.ecfr.gov/cgi-
bin/text-idx? node=sp40.30.355. c&rgn=div6.
4.2.1 Community Emergency Coordinator
The statute requires facilities to report releases to the community emergency coordinator of the
LEPC or TEPC and SERC or TERC. LEPCs and TEPCs should assign a contact from their
organization for receiving emergency release notification (initial telephone notification).
Alternatively, LEPCs, TEPCs, SERCs, and TERCs may establish a call center/dispatcher/hotline
that would be available 24 hours for facilities to timely report releases. It is important to provide
this information to facilities in the planning district to ensure that proper notification is received.
One of the requirements in EPCRA Section 301 for LEPC and TEPC is that they should establish
rules on its functionality, which may include designating a person who would be the community
emergency coordinator. This person would handle all the release notifications from facilities and
ensure that emergency response personnel would be notified and the LEPC or TEPC local
emergency response plan can be activated (notify the community if necessary, activate
evacuation or shelter in place, etc.). In some communities, the community emergency
coordinator is the emergency management office in the county/district.
Generally, facilities can determine their LEPC or TEPC contact information from their SERC or
TERC. Additionally, LEPCs and TEPCs can also update their websites with contact information.
EPA is aware that some communities may already have a certain process established for release
notification. LEPCs and TEPCs should ensure that every facility in their district that handles any
hazardous chemical has the LEPC or TEPC community emergency coordinator contact
information or other release notification process information. If you need assistance in
developing a pamphlet or other materials with phone numbers of the dispatch/community
emergency coordinator for facility owners or operators in your planning district, reach out to
states or EPA Regional EPCRA Coordinators.
It is also important for LEPCs and TEPCs to update emergency response plans with the contact
information of all facility emergency coordinators in the district as changes occur. If the facility
is subject to hazardous chemical inventory reporting requirements (see Chapter 5 of this
document), the contact information for the facility emergency coordinator would be reported on
the Tier II form annually. Facilities are required to update this information annually as necessary,
however, EPA encourages LEPCs and TEPCs to contact all facility emergency coordinators in
their district periodically to ensure that the contact information is current.
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The Tier II form also includes facility 24-hour emergency contact information, which is
important for first responders to have to reach out during any chemical emergency.
Note: As mentioned earlier in this document, some communities may not have representatives
from every organization in the community as LEPC or TEPC members. In such cases, it may be
beneficial to join a neighboring LEPC or TEPC to coordinate release notification and response.
4.2.2 Facilities: Contents of Initial Notification
EPCRA Section 304(b): Notification
(2) Contents
Notice required under subsection (a) shall include each of the following (to the extent blown
at the time of the notice and so long as no delay in responding to the emergency results):
(A) The chemical name or identity of any substance involved in the release.
(B) An indication of whether the substance is on the list referred to in section 302(a) of this
title.
(C) An estimate of the quantity of any such substance that was released into the environment.
(D) The time and duration of the release.
(E) The medium or media into which the release occurred.
(F) Any blown or anticipated acute or chronic health risks associated with the emergency
and, where appropriate, advice regarding medical attention necessary for exposed
individuals.
(G) Proper precautions to take as a result of the release, including evacuation (unless such
information is readily available to the community emergency coordinator pursuant to the
emergency plan).
(H) The name and telephone number of the person or persons to be contactedfor further
information.
As provided in EPCRA Section 304(b)(2), facilities are required to provide certain information
while notifying the community emergency coordinator or their designee of the LEPC or TEPC or
other established system and the SERC or TERC. The LEPC and TEPC should ensure that the
person(s) receiving the notification are trained to collect all the information from facility
representatives reporting the release. EPA suggests that the LEPC and TEPC develop a form
with all the required elements provided in Section 304(b)(2) to ensure all the information is
collected from the caller reporting the release.
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4.3 Facilities: Follow-up Emergency Notice (Written Report)
EPCRA section 304(c): Followup emergency notice
As soon as practicable after a release which requires notice under subsection (a), such owner
or operator shall provide a written followup emergency notice (or notices, as more
information becomes available) setting forth and updating the information required under
subsection (b), and including additional information with respect to—
(1) actions taken to respond to and contain the release,
(2) any blown or anticipated acute or chronic health risks associated with the release, and
(3) where appropriate, advice regarding medical attention necessary for exposed individuals.
The law also requires facilities to provide a written follow-up report of the release as soon as
practicable after the release (EPCRA Section 304(c)). EPA published guidance on July 13, 2010
(75 FR 39852), to define the term "as soon as practicable" as 30 days
(https://www.govinfo.gov/content/pkg/FR-2010-07-13/pdf/2010-17031.pdf).
In the guidance, EPA provided flexibility to the states to require more stringent timeframes if
they choose to do so. EPA is aware that a few states require fewer than 30 days for facilities to
submit a written follow-up report.
EPCRA Section 304(c): Follow up Emergency Notice
• Facilities shall provide a written follow-up notice or notices "as soon as
practicable," which is defined as no longer than 30 days, and update the
information provided in the initial notification as well as provide additional
information
Figure 15. Written follow-up report.
The written follow-up report is required to be submitted to the SERC or TERC and LEPC or
TEPC. This report would include any updates on the initial telephone notice and on actual
response actions taken, as well as advice regarding medical attention necessary for citizens
exposed. LEPCs and TEPCs should designate a person to receive this report and inform the
facilities where to send the follow-up report. Among other information collected under EPCRA,
the written follow-up report should also be available to the public as required under EPCRA
Section 324, which will be covered in Chapter 8.
LEPCs and TEPCs are encouraged to use the information provided in the immediate notification
and the written follow-up report to plan for possible future incidents. Table-top exercises of
actual events can be useful tools for this purpose.
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4.4 Transportation Related Releases
If any chemical releases occur during transportation or occur while chemicals are stored incident
to transportation, facilities and/or the vehicle operator are required to contact 911 or the local
telephone operator as provided in Section 304(b)(1) (see statutory language provided in section
4.1 of this chapter). LEPCs and TEPCs should train local telephone and 911 operators, as well as
dispatch system or other personnel, on how to get complete information from the caller so they
can notify emergency responders appropriately. Development of a form outlining the needed
information that operators can use to record information from the person providing the release
notification would be highly useful.
Under the federal EPCRA regulations, facilities (or transportation operators) are not required to
submit follow-up reports for transportation related releases. (See 40 CFR 355.40(b):
https://www.ecfr.gov/cgi-bin/text-idx?node=sp40.30.355.c&rgn=div6#se40.30.355 140.)
Figure 16. Facility responsibilities under EPCRA Section 304 for
releases of EPCRA EHSs and CERCLA HSs.
4.5 America's Water Infrastructure Act of 2018
Recent incidents prompted amendments to certain provisions under EPCRA.
On January 9, 2014, 11,000 gallons of crude methylcyclohexane methanol (MCHM) and
polyglycol ethers (PPH, stripped) were released into the Elk River in Charleston, West Virginia.
This release compromised the drinking water of approximately 300,000 residents in nine
counties for more than two weeks.7 A leaking aboveground storage tank at Freedom Industries
released the MCHM, which traveled 1.5 miles downstream to the intake of the West Virginia
7 U.S. Chemical Safety and Hazard Investigation Board. (2016). Chemical Spill Contaminates Public Water supply
in Charleston, West Virginia. Report No. 2014-01-I-WV. Available at https://www.csb.gov/freedom-industries-
chemical-release-/.
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American Water (WVAW) water treatment facility, inundating the drinking water filtration
system servicing Charleston and the surrounding areas. The incident resulted in the issuing of a
"Do Not Use" order to the community and caused approximately 600 residents to seek medical
attention. A closer examination of over half of their medical charts show that the contamination
resulted in skin, eye and respiratory tract irritation, consistent with crude MCHM exposure.
Photo: Chemical Safety Board.
Figure 17. Freedom Industries aboveground storage tanks released 11,000 gallons of
crude MCHM and PPH into the Elk River on January 9, 2014, contaminating the
drinking water of 300,000 residents in and around Charleston, WV.
Due to this and other incidents that affected community water systems, the America's Water
Infrastructure Act (AWIA) amended EPCRA Section 304 on October 23, 2018. The amendments
require states and tribal agencies to notify the drinking water primacy agency, or community
water systems if there is no drinking water primacy agency, of any reportable releases.
AWIA Section 2018(a) amends EPCRA Section 304 to add a new subsection, Section 304(e),
Addressing Source Water usedfor Drinking Water. This new subsection requires SERCs and
TERCs to perform the following actions to provide information to the drinking water primacy
agency:
• Promptly notify the state agency of any reportable release.
• Provide all the information collected under Section 304(b)(2) from the initial notification.
• Provide the follow-up written report received under Section 304(c).
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EPCRA Section 304(e): Addressing source water used for drinking water
(1) Applicable State agency notification
A State emergency response commission shall—
(A) promptly notify the applicable State agency of any release that requires notice under
subsection (a);
(B) provide to the applicable State agency the information identified in subsection (b)(2); and
(C) provide to the applicable State agency a written follow-ap emergency notice in
accordance with subsection (c).
(2) Community water system notification
(A) In general
An applicable State agency receiving notice of a release under paragraph (1) shall—
(i) promptly forward such notice to any community water system the source waters
of which are affected by the release;
(ii) forward to the community water system the information provided under
paragraph (1)(B); and
(Hi) forward to the community water system the written follow-up emergency notice
provided under paragraph (1)(C).
(B) Direct notification
In the case of a State that does not have an applicable State agency, the State
emergency response commission shall provide the notices and information described
in paragraph (1) directly to any community water system the source waters of which
are affected by a release that requires notice under subsection (a).
(2) Definitions
In this subsection:
(A) Community water system
The term ''community water system '' has the meaning given such term in section
1401(15) of the Safe Drinking Water Act [42 U.S.C. 300f(15)].
(B) Applicable State agency
The term ''applicable State agency'' means the State agency that has primary
responsibility to enforce the requirements of the Safe Drinking Water Act in the
State.
While the AWIA amendments do not require LEPCs and TEPCs to directly notify the drinking
water agency or the community water systems, EPA encourages the sharing of any information
on releases that affect community water systems, especially releases involving transportation.
EPA was informed by many states that notifications of transportation-related releases are
provided either to the 911 operators or the local emergency response personnel. The LEPC and
TEPC usually have local emergency responders as members who receive first-hand notification
of any releases from fixed facilities, as well as transportation-related releases. EPA also
encourages LEPCs and TEPCs to reach out to the community water systems to participate in
implementing and exercising the local emergency response plan.
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Release occurs and
facility provides all
information required
under EPCRA
304(b)(2) and 304(c)
I
SERCandTERC
EPCRA
304(b)(2)
304(c)
¦ Promptly notify of •
reported release(s)
State drinking
water primacy
agency
EPCRA
304(b)(2)
304(c)
¦ Promptly notify of •
reported release(s)
Community
water
system(s)
If no state drinking water primacy agency,
directly notify community water system
Figure 18. Information flow under the America's Water Infrastructure Act under EPCRA Section
304(e).
EPA developed a fact sheet that outlines AWIA amendments to EPCRA, Frequently Asked
Questions, amendatory legislative language, etc.: https://www.epa.gov/epcra/amendments-epcra-
ameri c-as-water-i nfrastructure-act.
4.6 Public Access to Follow-up Report
EPCRA Section 324 (see Chapter 5) requires LEPCs and TEPCs to provide public access to the
follow-up reports on releases. As provided in Section 301, LEPCs and TEPCs should have
procedures in place for processing requests from the public for information under EPCRA. This
includes selecting an official to serve as information coordinator.
4.7 Facilities: Reporting Requirements for Continuous Releases of EHSs
and CERCLA Hazardous Substances
CERCLA Section 103(f)(2) and EPA's implementing regulations at 40 CFR parts 302 and 355
provide a reduced reporting option for "continuous" releases of CERCLA HSs and EPCRA
EHSs. This reduced reporting option applies to facilities that release CERCLA HSs or EPCRA
EHSs that are "continuous" and "stable in quantity and rate." For these types of releases,
reporting facilities can choose either to 1) report on a per occurrence basis, or 2) report as a
"continuous" release.
Continuous release reporting (CRR) regulations for CERCLA and EPCRA are codified at 40
CFR 302.8 and 355.32, respectively. The final rule was published on July 24, 1990 (55 FR
30166): https://www.epa.gov/sites/production/files/2018-
08/documents/continuous release fir notice - final rule.pdf
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The purpose of CERCLA Section 103(f)(2) is to reduce reporting of predictable release
notifications. CERCLA Section 103(f)(2), however, does not eliminate the requirement to report.
Government response officials need to receive notification of all releases that equal or exceed an
RQ on a continuous basis, so that the releases can be evaluated and, if necessary, a response
action can be taken.
4.7.1 Standard Reporting Requirements for facilities—CRR
The CRR requirements under CERCLA and EPCRA are slightly different. Figure 139 illustrates
the type of notification and the information on where to submit continuous release reports for
CERCLA HSs and EPCRA EHSs.
To begin the reporting process for continuous releases, the facilities must have a sufficient basis
for establishing that the release is continuous and stable in quantity and rate. Once such a basis
has been established, the initial telephone notification would be made to the appropriate federal,
state, tribal and local officials.
Within 30 days of the initial telephone notification, any person in charge of a facility (or the
owner or operator of a facility) is required to submit an initial written report to EPA, SERC or
TERC, and LEPC or TEPC. Unlike CERCLA Section 103, EPCRA Section 304 or its
implementing regulations do not require facilities to submit a first anniversary report to the state,
tribal and local agencies. Figure 19 provides a summary of continuous release reporting
requirements under EPCRA and CERCLA. Visit EPA's website for detailed information at
https://www.epa.gov/epcra/cercla-and-epcra-continuous-release-reporting.
Continuous Release Reporting Requirements
under CERCLA
(CERCLA HSs)
Continuous Release Reporting Requirements
under EPCRA
(EPCRA EHSs and CERCLA HSs)
Step 1: Initial telephone notification to the NRC
Step 1: Initial telephone notification to the SERC
or TERC and LEPC or TEPC
Step 2: Initial written notification within 30 days to
EPA
Step 2: Initial written notification within 30 days to
the SERC or TERC and the LEPC or TEPC
Step 3: A one-time first anniversary follow-up
written report to EPA
Step 3: No anniversary report required under
EPCRA continuous release reporting.
Step 4: SSI notification to the NRC
Step 4: SSI notification to the SERC or TERC and
the LEPC or TEPC.
Figure 19. CRR requirements for facilities.
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Chapter 5. EPCRA Sections 311 and 312: Hazardous
Chemical Inventory Reporting
Sections 311 and 312 of EPCRA are known as community right-to-know reporting. Under these
requirements, facilities report on all hazardous chemicals present on site, which include
extremely hazardous substances established under Section 302 of EPCRA (see Chapter 2 of this
document). Specifically, facilities are required to provide information on the physical and health
hazards, as well as the amount and location of all hazardous chemicals, which can be useful for
local emergency planning.
EPA is aware that some states adopted the federal EPCRA statute as their state right-to-know
program. Other states have additional requirements. LEPCs and TEPCs should contact their state
or tribe to be informed of specific requirements. This chapter only discusses federal EPCRA
Sections 311 and 312 reporting requirements for facilities and the entities that receive
information, SERC or TERC, LEPC or TEPC and the local fire department.
Here is the link to the SERCs: https://www.epa.gov/epcra/state-emergencv-response-
commissions-contacts. To find out what your state's Tier II reporting requirements are, visit
https://www.epa.gov/epcra/state-tier-ii-reporting-requirements-and-procedures.
5.1 Facilities: Criteria for Reporting under Sections 311 and 312
The reporting requirements of Sections 311 and 312 apply to the owner or operator of any
facility required to prepare or have available a Material Safety Data Sheet (MSDS) (or Safety
Data Sheet (SDS)) for any hazardous chemical defined under the Occupational Safety and Health
Act (OSH Act) and its implementing regulations. The requirements for MSDS (or SDS) can be
found in the OSHA Hazard Communication Standard (HCS) in 29 CFR Part 1900.
Although OSHA currently uses the term "Safety Data Sheets," the EPCRA statute refers to the
term "Material Safety Data Sheets." This document will use their acronyms, MSDS (SDS) to
represent both.
OSHA does not have a list of hazardous chemicals, but they are defined as any chemical that is
classified as a physical hazard or a health hazard, a simple asphyxiant, combustible dust,
pyrophoric gas, or hazard not otherwise classified. OSHA estimates that there are approximately
800,000 hazardous chemicals and/or products used in the United States (March 26, 2012, final
rule, 77 FR 17574) to which workers can be exposed while handling these chemicals at their
workplace. As stated above, OSHA hazardous chemicals include EPCRA EHSs defined under
EPCRA Section 302. See Figure 20.
EPCRA mainly focuses on protecting the community and emergency responders from accidental
releases of hazardous chemicals. Although workers can be exposed when handling hazardous
chemicals, the community or emergency responders may not be affected until an incident occurs,
so LEPCs and TEPCs may need to focus only on planning for those hazardous chemical that go
beyond the facility's boundary. Sections 311 and 312 require reporting of OSHA hazardous
chemicals but EPCRA provides certain exemptions, detailed later.
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Figure 20. Chemicals subject to EPCRA Sections 311 and 312.
Under EPCRA Sections 302 and 303 (see Chapter 2 & Chapter 3 of this document), emergency
planning initially focused on extremely hazardous substances (EHSs).. EHSs are a subset of
hazardous chemicals subject to Sections 311 and 312 that will be captured in the hazardous
chemical inventory reporting requirements.
Hazardous chemical reporting is a two-part requirement: 1) submission of MSDSs (or SDSs) or a
list of hazardous chemicals and 2) submission of a hazardous chemical inventory form. This
chapter covers facilities' reporting requirements, entities that receive the reports under EPCRA
Sections 311 and 312, and information management by state and local implementing agencies.
See Figure 21.
EPCRA Section 311
MSDSs (SDSs) or list of
hazardous chemicals
SERC (orTERC),
LEPC (orTEPC), and fire
department
r ^
¦
r 1
Hazardous chemical
SERC (orTERC),
EPCRA Section 312
inventory form
^^3 LEPC (orTEPC), and fire
¦
(Tier 1 or Tier II)
department
Figure 21. OSHA hazardous chemicals, which include EHSs, are reported under EPCRA Sections
311 and 312.
35
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5.2 EPCRA Section 311: Material Safety Data Sheets (or Safety Data
Sheets)
EPCRA Section 311(a): Basic requirement
(1) Submission of MSDS or list
The owner or operator of any facility which is required to prepare or have available a
material safety data sheet for a hazardous chemical under the Occupational Safety and Health
Act of1970 [29 U.S.C. 651 et seq.J and regulations promulgated under that Act shall submit a
material safety data sheet for each such chemical, or a list of such chemicals as described in
paragraph (2), to each of the following:
(A) The appropriate local emergency planning committee.
(B) The State emergency response commission.
(C) The fire department with jurisdiction over the facility.
(2) Contents of list
(A) The list of chemicals referred to in paragraph (1) shall include each of the following:
(i) A list of the hazardous chemicals for which a material safety data sheet is required
under the Occupational Safety and Health Act of1970 [29 U.S.C. 651 et seq.J and
regulations promulgated under that Act, grouped in categories of health and physical
hazards as set forth under such Act and regulations promulgated under such Act, or
in such other categories as the Administrator may prescribe under subparagraph (B).
(ii) The chemical name or the common name of each such chemical as provided on the
material safety data sheet.
(Hi) Any hazardous component of each such chemical as provided on the material safety
data sheet.
(B) For purposes of the list under this paragraph, the Administrator may modify the
categories of health and physical hazards as set forth under the Occupational Safety and
Health Act of 1970 [29 U.S.C. 651 et seq.J and regulations promulgated under that Act by
requiring information to be reported in terms of groups of hazardous chemicals which
present similar hazards in an emergency.
(3) Treatment of mixtures
An owner or operator may meet the requirements of this section with respect to a hazardous
chemical which is a mixture by doing one of the following:
(A) Submitting a material safety data sheet for, or identifying on a list, each element or
compound in the mixture which is a hazardous chemical. If more than one mixture has the
same element or compound, only one material safety data sheet, or one listing, of the
element or compound is necessary.
(B) Submitting a material safety data sheet for, or identifying on a list, the mixture itself.
EPCRA Section 311 requires facilities that handle any OSHA hazardous chemical at or above
the reporting thresholds to submit an MSDS (SDS) to their SERC or TERC, LEPC or TEPC and
the local fire department with jurisdiction of the facility. Facilities may also choose to submit a
list of hazardous chemicals in lieu of submitting MSDSs (SDSs). Certain chemicals are excluded
from these requirements, which will be discussed later in this chapter.
36
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Under the OSHA Hazard Communication Standard (HCS), manufacturers and importers are
required to develop an MSDS (SDS) for any chemical that meets the definition of a hazardous
chemical. Employers must maintain an MSDS (SDS) for any hazardous chemical that is used or
stored in the workplace.
Facilities that are subject to EPCRA community right-to-know reporting are required to submit
MSDSs (SDSs) to the state and local agencies. See the statutory text provided above.
Check with your state for the specific requirements regarding list of hazardous chemicals and
MSDS/SDS reporting.
5.2.1 Reporting Thresholds
EPCRA Section 311(b): Thresholds
The Administrator may establish threshold quantities for hazardous chemicals below which no
facility shall be subject to the provisions of this section. The threshold quantities may, in the
Administrator's discretion, be based on classes of chemicals or categories offacilities.
For facilities to comply with the reporting requirements, the following reporting thresholds were
established by EPA as required by Section 311(b). See legislative language above.
• For an EHS defined under EPCRA Section 302, the threshold is 500 pounds or the threshold
planning quantity, whichever is lower (EHSs and their TPQs are listed in 40 CFR Part 355,
Appendix A and Appendix B).
• For gasoline (all grades combined8) at a retail gas station, the threshold level is 75,000
gallons (or approximately 283,900 liters), if the tank(s) was stored entirely underground and
was in compliance at all times during the preceding calendar year with all applicable
Underground Storage Tank (UST) requirements at 40 CFR Part 280 or requirements of the
state UST program approved by the Agency under 40 CFR Part 281.
• For diesel fuel (all grades combined9) at a retail gas station, the threshold level is 100,000
gallons (or approximately 378,500 liters), if the tank(s) was stored entirely underground and
the tank(s) was in compliance at all times during the preceding calendar year with all
applicable UST requirements at 40 CFR Part 280 or requirements of the state UST program
approved by the Agency under 40 CFR Part 281.
• For all other hazardous chemicals for which facilities are required to have or prepare an
MSDS (SDS), the minimum reporting threshold is 10,000 pounds (or 4,540 kilograms).
These reporting thresholds are codified in the regulations at 40 CFR 370.10:
https://www.ecfr.gov/cgi-bin/text-
8 This threshold does not apply to E-85, M-85, or E-95. The reporting threshold for these is 10,000 pounds (February
11, 1999, 64 FR 7032): https://www.govinfo.gov/content/pkg/FR-1999-02-1 l/html/99-3255.htm.
9 As discussed in the previous note, this threshold does not apply to E-85, M-85, or E-95, which have a reporting
threshold of 10,000 pounds.
37
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idx? SID=dc62dd3413b3490al 01679e6db4b9c41 &mc=true&tpl=/ ecfrbrowse/Title40/
40cfr370 main 02.tpl.
5.2.2 Submission of MSDSs (SDSs)
As specified under Section 311(a), facilities that have MSDSs (SDSs) for chemicals held above
these reporting thresholds are required to submit either copies of their MSDSs (SDSs) or a list of
hazardous chemicals to the SERC or TERC, LEPC or TEPC, and the local fire department with
jurisdiction over the facility.
The following information can be typically found on an MSDS (or SDS):
• Product identification.
• Hazard identification.
• Composition of ingredients.
• Physical hazard information.
• Health hazard information.
• First-aid measures.
• Fire-fighting measures.
• Spill, leak, and disposal procedures.
• Personal protection, etc.
Here is a brief summary of SDS contents posted on OSHA's "Hazard Communication Standard:
Safety Data Sheets" website:
https://www.osha.gov/sites/default/files/publications/OSHA3514.pdf.
5.2.3 Submission of List of Hazardous Chemicals
If the facility owner or operator chooses to submit a list of hazardous chemicals in lieu of
MSDSs (SDSs), the list is required to include the chemical name that appears on the MSDS
(SDS) and identify the applicable hazard categories. See statutory text provided in the beginning
of this chapter.
38
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5.2.4 Availability of MSDS (SDS) upon Request by LEPC (or TEPC)
EPCRA Section 311(c): Availability of MSDS on request
(1) To local emergency planning committee
If an owner or operator of a facility submits a list of chemicals under subsection (a)(1), the
owner or operator, upon request by the local emergency planning committee, shall submit the
material safety data sheet for any chemical on the list to such committee.
As stated in section 311(c)(1), LEPCs and TEPCs may request MSDSs (SDSs) from facilities
that submitted list of chemicals.
5.2.5 Provide MSDS (SDS) to the Public upon Request
If a member of the public requests an MSDS (SDS) for any hazardous chemical, then the LEPCs
and TEPCs are required to provide it as required by EPCRA Section 311(c)(2). (See legislative
text provided above). If the LEPC or TEPC does not have the MSDS (SDS), then the LEPC or
TEPC may request it from the facility owner or operator and then make it available to the public.
12) To public
EPCRA Section 311(c): Availability of MSDS on request
(2) To public
A local emergency planning committee, upon request by any person, shall make available a
material safety data sheet to the person in accordance with section 324 of this title. If the
local emergency planning committee does not have the requested material safety data sheet,
the committee shall request the sheet f~om the facility owner or operator and then make the
sheet available to the person in accordance with section 324 of this title.
5.2.6 Initial Submission and Updating of MSDS (SDS)
As provided in EPCRA Section 311(d), if a facility acquires a new hazardous chemical that
exceeds its reporting threshold, the facility is required to submit the MSDS (SDS) within three
months to their SERC or TERC, LEPC or TEPC and the local fire department with jurisdiction
over the facility. See Section 311(d)(1)(B).
If a facility discovers any significant new information about a chemical, then the facility is
required to provide a revised MSDS (SDS) to replace the original MSDS (SDS) within three
months. See Section 311(d)(2).
EPCRA Section 311(d): Initial submission and updating
39
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(1) The initial material safety data sheet or list required under this section with respect to a
hazardous chemical shall be provided before the later of—
(A) 12 months after October 17, 1986, or
(B) 3 months after the owner or operator of a facility is required to prepare or have
available a material safety data sheet for the chemical under the Occupational Safety
and Health Act of1970 [29 U.S.C. 651 et seq.J and regulations promulgated under
that Act.
(2) Within 3 months following discovery by an owner or operator of significant new
information concerning an aspect of a hazardous chemical for which a material safety
data sheet was previously submitted to the local emergency planning committee under
subsection (a), a revised sheet shall be provided to such person.
5.2.7 Trade Secrets and MSDS (SDS)
If a manufacturer is making a trade secret claim for a hazardous chemical (pure or mixture) in
accordance with trade secret provisions under EPCRA Section 322, the downstream user of the
chemical may not be able to provide the MSDS (SDS) with the trade secret chemical identity
revealed upon request to the LEPC or TEPC. However, the downstream user may provide the
MSDS/SDS for the hazardous chemical to the LEPC or TEPC as it will contain a generic name
as well as potential hazards, which would still be useful for planners and responders. Facilities
are required to file trade secret claims with EPA. You may contact EPA to determine which
facilities in your planning district submitted trade secret claims.
EPCRA Trade Secret provisions (Section 322) are covered in Chapter 6.
5.2.8 Exemptions from the Definition of "Hazardous Chemical"
EPCRA Section 311(e): "Hazardous chemical" defined
For purposes of this section, the term ''hazardous chemical" has the meaning given such term
by section 1910.1200(c) of title 29 of the Code of Federal Regulations, except that such term
does not include the following:
(1) Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug
Administration.
(2) Any substance present as a solid in any manufactured item to the extent exposure to the
substance does not occur under normal conditions of use.
(3) Any substance to the extent it is usedfor personal, family, or household purposes, or is
present in the same form and concentration as a product packaged for distribution and
use by the general public.
(4) Any substance to the extent it is used in a research laboratory or a hospital or other
medical facility under the direct supervision of a technically qualified individual.
(5) Any substance to the extent it is used in routine agricultural operations or is a fertilizer
heldfor sale by a retailer to the ultimate customer.
Although OSHA HCS may require an MSDS (SDS) for a hazardous chemical, EPCRA Section
311(e) provides five exemptions from the definition of "hazardous chemical." These exemptions
40
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apply to specific substances only—how they are present or used at the facility. They are not for
an entire facility, unless the only substances present at the facility are the ones noted in these
exemptions. The five exemptions, as well as a few scenarios on how these exemptions may
apply, are provided below. These and other frequently asked questions (FAQs) are posted on
EPA's website at https://www.epa.gov/epcra/emergencv-planning-and-communitv-right-know-
act-frequent-questions.
Exemption 1:
Any food, food
additive, color
additive, drug,
or cosmetic
regulated by the
Food and Drug
Administration
Question: Is FDA-regulated flour bleaching exempt? A facility
owner/operator uses chlorine to bleach flour at his/her facility. Would this
facility owner/operator be exempt from reporting the chlorine used to bleach
flour under EPCRA Section 311/312?
Answer: EPCRA Section 311(e)(1) exempts any food, food additive, drug,
or cosmetic regulated by the FDA. EPA considers a substance to be
regulated by the FDA as long as the substance is used in a manner that is
consistent with the FDA regulations. FDA regulations (21 CFR part 137)
regulate the bleaching of flour with chlorine. Chlorine, therefore, is exempt
from reporting under EPCRA Sections 311/312 when its use at a facility is
consistent with this FDA regulation (i.e., the bleaching of flour). However, if
the facility uses part of the chlorine stored on site for other purposes, such as
wastewater treatment or for cleaning process equipment, then that amount of
chlorine should be considered for threshold determination.
https://www.epa.gov/epcra/fda-regulated-flour-bleaching-exempt
Exemption 2:
Any substance
present as a
solid in any
manufactured
item to the
extent exposure
to the substance
does not occur
under normal
conditions of
use
Question: Under EPCRA Section 311(e)(2), any substance present as a solid
in any manufactured item to the extent exposure to the substance does not
occur under normal conditions of use is exempt from the definition of
hazardous chemical and therefore need not be reported under EPCRA
Sections 311 and 312. However, modifying any portion of the solid
manufactured item where exposure to a hazardous chemical can occur
negates the exemption. How does the facility determine compliance?
Answer: Facilities only must include and count the amount of fumes or dust
emitted or released from a piece of metal, brick, or any other manufactured
solid item that undergoes a modification process (e.g., cutting, welding, etc.)
to determine whether the EPCRA Sections 311 and 312 reporting thresholds
have been reached.
EPA believes it is unnecessary to count the weight of the entire solid
manufactured item for emergency planning and community right-to-know
purposes. (July 13, 2010, guidance and interpretations Federal Register
notice (75 FR 39852).)
https://www.epa.gov/epcra/determining-epcra-311-312-compliance-after-
modifying-solid-manufactured-item
41
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Exemption 3:
Any substance
to the extent it
is used for
personal,
family, or
household
purposes, or is
present in the
same form and
concentration
as a product
packaged for
distribution and
use by the
general public
Question: A facility sells automobile batteries wholesale. Are these batteries
at the wholesaler's facility exempt from reporting under EPCRA Sections
311/312 due to the household product exemption under EPCRA Section
311(e)(3)?
Answer: Section 311(e)(3) exempts from the definition of hazardous
chemical "(a)ny substance to the extent is used for personal, family, or
household purposes, or is present in the same form and concentration as a
product packaged for distribution and use by the general public." This
exclusion applies to household or consumer products either in use by the
general public or in commercial or industrial use when the product has the
same form and concentration as that intended for use by the general public.
The term "form" refers to the packaging, rather than the physical state of the
substance. Therefore, car batteries held for sale by a wholesaler are exempt
from reporting since the hazardous chemicals contained are in the same form
and concentration as batteries sold for use by the general public.
https://www.epa.gov/epcra/are-automobile-batteries-wholesaler-exempted-
epcra-311-and-312
Exemption 4:
Any substance
to the extent it
is used in a
research
laboratory or a
hospital or
other medical
facility under
the direct
supervision of a
technically
qualified
individual
Question: There are exemptions for research laboratories and medical
facilities under Sections 311 and 312. Are research laboratories and medical
facilities exempt from reporting under Sections 311 and 312?
Answer: Research laboratories and medical facilities are not exempt from
the reporting requirements under Sections 311 and 312; rather, Section
311(c)(4) of Title III excludes from the definition of hazardous chemical
"any substance to the extent it is used in a research laboratory or a hospital or
other medical facility under the direct supervision of a technically qualified
individual." The exclusion applies to research laboratories, as well as quality
control laboratory operations, located within manufacturing facilities.
Laboratories that produce chemical specialty products or full-scale pilot
plant operations are considered to be part of the manufacturing facility and
therefore would not be "research laboratories."
With respect to hospitals or medical facilities, the exemption applies only to
hazardous chemicals that are used at the facility for medical purposes under
the supervision of a "technically qualified individual." Veterinary facilities
are included.
https://www.epa.gov/epcra/exemption-research-laboratories-and-medical-
facilities-under-31 l-and-312
42
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Exemption 5:
Any substance
to the extent it
is used in
routine
agricultural
operations or is
a fertilizer held
for sale by a
retailer to the
ultimate
customer
Question: Agricultural use exemption and fuels.
Does the agricultural use exemption, Section 311(e)(5), apply to fuels used
by harvesting services to transport crops from the farm to the market or the
food processor? Does the agricultural use exemption apply to the fuel used
by the farmer to transport crops from the farm to the market or the food
processor?
Answer: The exemption for routine agricultural use under Sections 311 and
312 is designed to eliminate the reporting of fertilizers, pesticides, and other
chemical substances when applied, administered, or otherwise used as part of
routine agricultural activities (October 15, 1987, 52 FR 38344). In other
words, the agricultural exemption is intended primarily to cover hazardous
chemicals used or stored at the farm facility. The term "agricultural" is a
broad term encompassing a wide range of growing operations, farms,
nurseries and other horticultural operations (52 FR 38344). Harvesting
service is not considered to be part of the growing operation. Therefore, the
fuel used by the harvesting service must be reported under Sections 311 and
312 if it exceeds the reporting threshold. However, fuel used by the farmer
and that is located at the farm itself would be exempt.
https://www.epa.gov/faqs/search/topics/emergencv-planning-and-
communitv-right-know-304487?search api views fulltext=agricultural+use.
EPA was informed that the second portion of the exemption provided in Section 311(e)(5),
"routine agricultural operations or is a fertilizer held for sale," is the most confusing to the
regulated community. We have several FAQs on this exemption on our website at
https://www.epa.gov/faqs/search/topics/emergencv-planning-and-communitv-right-know-
304487?search api views fulltext=section+311%28e%29%285%29.
Planners and responders are encouraged to review these FAQs to be better informed about how
certain activities and/or substances are covered and/or not covered under this exemption. If you
believe that certain facilities—particularly retailers of fertilizers in your planning district—are
not complying with Sections 311 and 312 reporting requirements, you should reach out to these
facilities to ensure they comply so you can include these facilities in the emergency response
plan.
5.3 EPCRA Section 312—Hazardous Chemical Inventory Forms
Sections 311 and 312 require reporting on the OSHA hazardous chemicals present at the facility.
The reporting thresholds, and the entities that receive those reports, are the same for both
Sections 311 and 312; however, the information reported and the reporting timelines are different
for these sections.
The five exemptions provided in EPCRA Section 311(e), discussed in section 5.2.8 of this
chapter, are also applicable to Section 312.
43
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EPCRA Section 312: Emergency and hazardous chemical inventory forms
(a) Basic requirement
(1) The owner or operator of any facility which is required to prepare or have available
a material safety data sheet for a hazardous chemical under the Occupational Safety
and Health Act of1970 [29 U.S.C. 651 et seq.J and regulations promulgated under
that Act shall prepare and submit an emergency and hazardous chemical inventory
form (hereafter in this chapter referred to as an ''inventory form ') to each of the
following:
(A) The appropriate local emergency planning committee.
(B) The State emergency response commission.
(C) The fire department with jurisdiction over the facility.
(2) The inventory form containing tier I information (as described in subsection (d)(1))
shall be submitted on or before March 1, 1988, and annually thereafter on March 1,
and shall contain data with respect to the preceding calendar year. The preceding
sentence does not apply if an owner or operator provides, by the same deadline and
with respect to the same calendar year, tier II information (as described in subsection
(d)(2)) to the recipients described in paragraph (1).
(3) An owner or operator may meet the requirements of this section with respect to a
hazardous chemical which is a mixture by doing one of the following:
(A) Providing information on the inventory form on each element or compound in
the mixture which is a hazardous chemical. If more than one mixture has the
same element or compound, only one listing on the inventory form for the
element or compound at the facility is necessary.
(B) Providing information on the inventory form on the mixture itself.
(b) Thresholds
The Administrator may establish threshold quantities for hazardous chemicals covered by this
section below which no facility shall be subject to the provisions of this section. The threshold
quantities may, in the Administrator's discretion, be based on classes of chemicals or
categories of facilities.
(c) Hazardous chemicals covered
A hazardous chemical subject to the requirements of this section is any hazardous chemical
for which a material safety data sheet or a listing is required under section 311 of this title.
(d) Contents of form
(1) Tier I information
(A) Aggregate information by category
An inventory form shall provide the information described in subparagraph (B)
in aggregate terms for hazardous chemicals in categories of health and physical
hazards as set forth under the Occupational Safety and Health Act of 1970 [29
U.S.C. 651 et seq.J and regulations promulgated under that Act.
(B) Required information
The information referred to in subparagraph (A) is the following:
(i) An estimate (in ranges) of the maximum amount of hazardous chemicals in
each category present at the facility at any time during the preceding
calendar year.
44
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(ii) An estimate (in ranges) of the average daily amount of hazardous chemicals
in each category present at the facility during the preceding calendar year.
(Hi) The general location of hazardous chemicals in each category.
(C) Modifications
For purposes of reporting information under this paragraph, the Administrator
may—
(i) modify the categories of health and physical hazards as set forth under the
Occupational Safety and Health Act of1970 [29 U.S. C. 651 et seq.J and
regulations promulgated under that Act by requiring information to be
reported in terms of groups of hazardous chemicals which present similar
hazards in an emergency, or
(ii) require reporting on individual hazardous chemicals of special concern to
emergency response personnel.
(2) Tier II information
An inventory form shall provide the following additional information for each
hazardous chemical present at the facility, but only upon request and in accordance
with subsection (e):
(A) The chemical name or the common name of the chemical as provided on the
material safety data sheet.
(B) An estimate (in ranges) of the maximum amount of the hazardous chemical
present at the facility at any time during the preceding calendar year.
(C) An estimate (in ranges) of the average daily amount of the hazardous chemical
present at the facility during the preceding calendar year.
(D) A brief description of the manner of storage of the hazardous chemical.
(E) The location at the facility of the hazardous chemical.
(F) An indication of whether the owner elects to withhold location information of a
specific hazardous chemical fi'om disclosure to the public under section 324 of
this title.
5.3.1 Tier I and Tier II Forms
EPCRA Section 312 requires facilities covered by Section 311 to submit an emergency and
hazardous chemical inventory form ("Tier I" or "Tier II") to the SERC or TERC, LEPC or
TEPC, and the local fire department, annually, by March 1.
As required by the statute, EPA first published Tier I and Tier II forms in 1987, which have been
revised a few times since. The current forms are posted on EPA's website at
https://www.epa.gov/epcra/tier-i-forms-and-instructions
https://www.epa.gov/epcra/tier-ii-forms-and-instructions.
The Tier I inventory form only requires aggregate information for each applicable hazard
category:
45
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• 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.
• The general location of hazardous chemicals in each category.
The Tier II inventory form contains basically the same information as Tier I, but it lists the
specific chemicals. The Tier II inventory form provides the following information for each
chemical:
• The chemical name or the common name as indicated on the MSDS (SDS).
• 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.
• An indication of whether the owner elects to withhold location information from disclosure
to the public.
Although the statute requires owners or operators to prepare both Tier I and Tier II forms, all
states require detailed information in Tier II forms using a state-developed electronic format or
Tier2 Submit (software developed by EPA and NOAA) (see section 5.3.4 of this chapter). The
current Tier II form is shown below.
46
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~ Check if information below is identical to the information submitted last year.
Tier Two
Emergency and Hazardous Chemical Inventory
Specific Information by Chemical
Reportirc^enod^anuar^Hc^ecembe^^^l)
For Official Use Only
State ID#:
Date Received
Facility Identification
Name
Maximum No. of Occupants:
~ N/A
~ Manned EHUnmanned
Street
County
City
State
Zip
Latitude
Longitude
NAICS Code
Phone Number (optional)
J 1
Dun & Bradstreet Number
TRI Facility ID:
~ N/A
RMP Facility ID:
~ N/A
Subject to Emergency Planning under Section 302 ofEPCRA (40 CFR part 355)?
~ Yes
~ No
Subject to Chemical Accident Prevention under Section 112(r) of CAA (40 CFR part 68, Risk Management Program)?
~ Yes
~ No
Owner or Operator Information
Parent Company information (optional)
Name
Name
Dun & Bradstreet Number:
Address
Address
Phone Number
( )
Email
Phone Number
( )
Email
Facility Emergency Coordinator (if applicable)
Tier II Information Contact
Name
Title
Name
Title
Email Address
Email Address
Phone Number
( )
24-hour Phone
t )
Phone Number
t >
Emergency Contacts
Name
Name
Title
Title
Phone Number
(J
24-hour Phone
( )
Phone Number
( )
24-hour Phone
( )
Email Address
Email Address
Certification (Read and sign after completing all sections)
Reporting Ranges
Weight Range in pounds
I certify under penalty of law that I have personally examined a ad
am familiar with the information submitted m pages one through
, and that based on my inquiry of those individuals responsible for
obtaining the information, I believe that the submitted information is
true, accurate and complete.
Name and official title of owner/operator OR owner operator's
authorized representative
Signature
Date Signed
ige Code
From
To
01
0
99
02
100
499
03
500
999
04
1.000
4.999
05
5.000
9.999
06
10.000
24.999
07
25,000
49.999
08
50,000
74.999
09
75,000
99.999
10
100,000
499.999
11
500.000
999.999
12
1,000,000
9,999,999
13
10,000,000
Greater than 10 million
The public reporting and recordkeeping burden for this collection of information is estimated to range from 6 to 120 hours per response. Send comments on
the Agency's need for this information, the accuracy of the provided burden estimates, and any suggested methods for minimizing respondent burden,
including through the use of automated collection techniques to the Director Collection Strategies Division, U.S. Environmental Protection Agency (2822T),
1200 Pennsylvania Ave., NW, Washington, D.C. 20460. Include the 0MB control number in any correspondence. Do not send the completed form to this
address.
EPA Form No. 8700-30
OMB Control No. 2050-0072 Expiration Date: 03/31/2022
Page 1 of_
Figure 22. Tier II form.
47
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EPA Form No. 8700-30
OMB Control No. 2050-0072
Page of
Storage Additional
Chemical Description Physical Hazards Health Hazards Inventory Type of Storage Conditions Storage Reporting
(Pressure, Locations Information
Temperature) (Optional)
~ Check if information below is
identical to the information
submitted last year.
Chemical Name:
CAS No.
EHS: Yes ~ No ~
~ Solid ~ Liquid ~ Gas
G Trade Secret
~ Explosive
~ Flammable (gases,
aerosols, liquids, or
solids)
~ Oxidizer (liquid, solid or
gas)
~ Self-reactive
~ Pyrophoric (liquid or solid)
~ Pyrophoric Gas
~ Self-heating
~ Organic peroxide
G Corrosive to metal
~ Gas under pressure
(compressed gas)
~ In contact with water emits
flammable gas
G Combustible Dust
~ Hazard Not Otherwise
Classified
~ Acute toxicity (any route of
exposure)
~ Skin corrosion or irritation
~ Serious eye damage or eye
irritation
~ Respiratory or skin
sensitization
~ Germ cell mutagenicity
~ Carcinogenicity
~ Reproductive toxicity
D Specific target organ
toxicity(single or repeated
exposure)
~ Aspiration hazard
~ Simple Asphyxiant
G Hazard Not Otherwise
Classified
Maximum Amount
Range Code:
Average Daily
Amount
Range Code:
No. of days on site:
Confidential:
~ Yes ~ No
~ Below
Reporting
Thresholds
(optional)
~ State
or Local
Requirements
~ Check if information below is
identical to the information
submitted last year.
Mixture or Product Name:
CAS No.
~ Not Available
~ Solid ~ Liquid ~ Gas
~ Trade Secret
EHS: Yes ~ No ~
~ Explosive
~ Flammable (gases,
aerosols, liquids, or
solids)
~ Oxidizer (liquid, solid or
gas)
~ Self-reactive
~ Pyrophoric (liquid or solid)
~ Pyrophoric Gas
~ Self-heating
~ Organic peroxide
G Corrosive to metal
~ Gas under pressure
(compressed gas)
~ In contact with water emits
flammable gas
~ Combustible Dust
G Hazard Not Otherwise
Classified
~ Acute toxicity (any route of
exposure)
~ Skin corrosion or irritation
G Serious eye damage or eye
irritation
D Respiratory or skin
sensitization
~ Germ cell mutagenicity
~ Carcinogenicity
D Reproductive toxicity
~ Specific target organ
toxicity(single or repeated
exposure)
G Aspiration hazard
D Simple Asphyxiant
~ Hazard Not Otherwise
Classified
Maximum
Amount (Total
Mixture) Range
Code:
Average Daily
Amount (Total
Mixture) Range
Code:
Confidential:
~ Yes ~ No
~ Below
Reporting
Thresholds
(optional)
~ State
or Local
Requirements
EHS(s) Name (if applicable):
CAS No.
Non-EHS(s) Name (optional):
No. of days on site:
Maximum Amount
of each EHS in the
Mixture
Range Code:
Optional Attachments: O I have attached a site plan O I have attached a list of site coordinate abbreviations Q I have attached a description of dikes and other safeguard measures
Figure 22 (continued). Tier II form.
EPA learned that many LEPCs use the annual information received on the Tier II inventory form
to modify or implement the local emergency response plan. The Tier II form contains up-to-date
information on EHSs, as well as all other OSHA hazardous chemicals.
EPA adopted the hazard categories from OSHA HCS at 29 CFR 1900.10 to be used for reporting
on the Tier II inventory form. See Figure 23.
The Tier II inventory form also requires facilities to provide contact information for the
following individuals at each facility: Tier II information contact; facility emergency
coordinator; and 24-hour emergency contacts. This information should be included in the local
emergency response plan.
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Physical Hazards
• Flammable (gases, aerosols, liquids, or
solids)
• Gas under pressure
• Explosive
• Self-heating
• Pyrophoric (liquid or solid)
• Oxidizer (liquid, solid or gas)
• Organic peroxide
• Self-reactive
• In contact with water emits flammable gas
• Corrosive to metal
• Hazard not otherwise classified (HNOC)
Health Hazards
•Carcinogenicity
•Acute toxicity (any route of exposure)
• Reproductive toxicity
•Skin corrosion or irritation
• Respiratory or skin sensitization
•Serious eye damage or eye irritation
•Specific target organ toxicity (single or
repeated exposure)
•Germ cell mutagenicity
•Aspiration hazard
• Hazard not otherwise classified (HNOC)
Figure 23. Hazard categories for the Tier II inventory form, from OSHA HCS.
5.3.2 Reporting Thresholds
The reporting thresholds for chemicals subject to reporting under EPCRA Section 312 are the
same as those covered by Section 311, discussed in section 5.2.1 of this chapter. The
implementing regulations for Sections 311 and 312 are codified in 40 CFR Part 370.
https://www.ecfr.gov/cgi-bin/text-
idx? SID=b 7 c6bd9a09aa6969f5 cb41 d43 efc3 3 71 &mc=true&node=pt40.30.370&rgn=div5
5.3.3 Exemptions from the Definition of "Hazardous Chemical"
The five exemptions provided in EPCRA Section 311(e) are also applicable to Section 312,
hazardous chemical inventory reporting (Tier II). These exemptions and their examples are
provided in section 5.2.8 of this chapter.
Note: These exemptions do not apply to EPCRA Section 302, Emergency Planning Notification.
As noted in Chapter 2, there are no exemptions in EPCRA Section 302, except for substances in
transportation or stored incident to transportation.
5.3.4 Electronic Reporting: Tier2 Submit and State-Developed Reporting Software
Most states require facilities to submit the federal Tier II inventory form as a hard copy or using
the Tier2 Submit software (https://www.epa.gov/epcra/tier2-submit-software). Others require
facilities to use state-developed reporting software. See https://www.epa.gov/epcra/state-tier-ii-
reporting-requirements-and-procedures for links to state reporting requirements.
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5.3.5 Tier II Information Availability to State, Tribal and Local Officials and the Public
EPCRA Section 312(e): Availability of Tier II information
(1) Availability to State commissions, local committees, and fire departments
Upon request by a State emergency response commission, a local emergency planning
committee, or a fire department with jurisdiction over the facility, the owner or operator
of a facility shall provide tier II information, as described in subsection (d), to the person
making the request. Any such request shall be with respect to a specific facility.
(2) Availability to other State and local officials
A State or local official acting in his or her official capacity may have access to tier II
information by submitting a request to the State emergency response commission or the
local emergency planning committee. Upon receipt of a request for tier II information, the
State commission or local committee shall, pursuant to paragraph (1), request the facility
owner or operator for the tier II information and make available such information to the
official.
(3) Availability to public
(A) In general
Any person may request a State emergency response commission or local emergency
planning committee for tier II information relating to the preceding calendar year
with respect to a facility. Any such request shall be in writing and shall be with
respect to a specific facility.
(B) Automatic provision of information to public
Any tier II information which a State emergency response commission or local
emergency planning committee has in its possession shall be made available to a
person making a request under this paragraph in accordance with section 324 of this
title. If the State emergency response commission or local emergency planning
committee does not have the tier II information in its possession, upon a request for
tier II information the State emergency response commission or local emergency
planning committee shall, pursuant to paragraph (1), request the facility owner or
operator for tier II information with respect to a hazardous chemical which a facility
has stored in an amount in excess of10,000 pounds present at the facility at any time
daring the preceding calendar year and make such information available in
accordance with section 324 of this title to the person making the request.
(C) Discretionary provision of information to public
In the case of tier II information which is not in the possession of a State emergency
response commission or local emergency planning committee and which is with
respect to a hazardous chemical which a facility has stored in an amount less than
10,000 pounds present at the facility at any time during the preceding calendar year,
a request from a person must include the general needfor the information. The State
emergency response commission or local emergency planning committee may,
pursuant to paragraph (1), request the facility owner or operator for the tier II
information on behalf of the person making the request. Upon receipt of any
information requested on behalf of such person, the State emergency response
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commission or local emergency planning committee shall make the information
available in accordance with section 324 of this title to the person.
(D) Response in 45 days
A State emergency response commission or local emergency planning committee
shall respond to a request for tier II information under this paragraph no later than
45 days after the date of receipt of the request.
In addition to preparing the community for a chemical incident, EPCRA also requires SERCs,
TERCs, LEPCs and TEPCs to provide public access to the information received on hazardous
chemicals handled at each facility in their community. You may establish procedures for
handling such requests from the public, such as setting up reading rooms as stated in EPCRA
Section 301.
While all states require facilities to submit Tier II information (via electronic or hard copy),
SERCs or TERCs, LEPCs or TEPCs, and fire departments may request Tier II information from
facilities that have not complied with the reporting requirements.
The public can also request Tier II information from their SERC or TERC or LEPC or TEPC for
a specific facility. If the facility in question had less than 10,000 pounds of the chemical at their
facility in the preceding year, the requestor must include why the information is needed. The
SERC or TERC and LEPC or TEPC must respond to these requests within 45 days.
Public access to EPCRA information is discussed in Chapter 8.
EPCRA Section 312(e) provides that any person may request Tier II information concerning a
specific chemical at a facility through the LEPC or TEPC or SERC or TERC. If a facility has not
submitted Tier II information for any hazardous chemical stored above the reporting thresholds,
you may request it from the facility and provide it to the requestor (state or local official or to the
public).
5.3.6 Confidential Location Information
EPCRA Section 312 allows the owner or operator of facilities to withhold the specific locations
of hazardous chemicals on their Tier II inventory form if they submit a confidential location
information sheet to their SERC or TERC and LEPC or TEPC. The confidential location
information sheet must be submitted by facilities at the time they submit the Tier II inventory
form (https://www.epa.gov/sites/production/files/2018-
02/documents/t2 confidential location info form 020818.pdf).
SERCs, TERCs, LEPCs, and TEPCs should not release the confidential location information of
hazardous chemicals to the public if facilities submit the confidential location information sheet
along with their Tier II report.
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|EPA Form No. 8700-30 OMB Control No. 2050-0072 Expiration Date: 3/31/2022 Page _of
Storage
Additional
Chemical Description
Physical Hazards
Health Hazards
Inventory
... Conditions
Type of Storage (pressure
Temperature)
Storage
Locations
Reporting
Information
(Optional)
~ Check if information below is
identical to the information
submitted last year.
Chemical Name:
CAS No.
EHS: Yes ~ No ~
~ Solid ~ Liquid ~ Gas
~ Trade Secret
~ Explosive
~ Flammable (gases,
aerosols, liquids, or
solids)
~ Oxidizer (liquid, solid or
gas)
~ Self-reactive
~ Pyrophoric (liquid or solid)
~ Pyrophoric Gas
~ Self-heating
~ Organic peroxide
~ Corrosive to metal
~ Gas under pressure
(compressed gas)
~ In contact with water emits
flammable gas
~ Combustible Dust
~ Hazard Not Otherwise
Classified
Acute toxicity (any route of
exposure)
Skin corrosion or irritation
Serious eye damage or eye
irritation
Respiratory or skin
sensitization
Germ cell mutagenicity
Carcinogenicity
Reproductive toxicity
Specific target organ
toxicity(single or repeated
exposure)
Aspiration hazard
Simple Asphyxiant
Hazard Not Otherwise
Classified
Maximum Amount
Range Code:
Average Daily
Amount
Range Code:
No. of days on site:
Confidential: ~ Below
^Yes QNo Reporting
Thresholds
(optional)
~ State
or Local
Requirements
Figure 24. Section 312 allows facility owners or operators to withhold specific locations of
hazardous chemicals on the Tier II Confidential Location Form located on the EPCRA website.
5.3.7 Fire Department Access
EPCRA Section 312(f): Fire department access
Upon request to an owner or operator of a facility which files an inventory form under this
section by the fire department with jurisdiction over the facility, the owner or operator of the
facility shall allow the fire department to conduct an on-site inspection of the facility and shall
provide to the fire department specific location information on hazardous chemicals at the
facility.
EPCRA Section 312(f) states that the owner or operator of any facility subject to the Section 312
reporting requirements must provide access to the local fire department to conduct inspections.
The facility is also required to provide the specific location information of the hazardous
chemicals stored on site. This requirement does not modify or preempt any fire codes that may
apply.
LEPCs and TEPCs should encourage fire departments in their community to use their authority
to conduct inspections of facilities in their jurisdiction so they may prepare and protect
themselves and the community when responding to an emergency situation. LEPC and TEPC
members may accompany fire department inspectors to learn more about the facilities in their
community and the risks.
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5.4 Amendments to EPCRA Section 312 under the America's Water
Infrastructure Act of 2018
EPCRA Section 312(e)(4): Availability to community water systems
(A) In general
An affected community water system may have access to tier II information by submitting a
request to the State emergency response commission or the local emergency planning
committee. Upon receipt of a request for tier II information, the State commission or local
committee shall, pursuant to paragraph (1), request the facility owner or operator for the tier
II information and make available such information to the affected community water system.
(B) Definition
In this paragraph, the term ''affected community water system '' means a community water
system (as defined in section 300f(15) of this title) that receives supplies of drinking water
fi'om a source water area, delineated under section 300J-13 of this title, in which a facility that
is required to prepare and submit an inventory form under subsection (a)(1) is located.
In addition to amending EPCRA Section 304 (see Chapter 4 of this document), the America's
Water Infrastructure Act (AWIA) also amended EPCRA Section 312 by adding paragraph (4) to
Section 312(e).
These amendments require SERCs, TERCs, LEPCs and TEPCs to provide Tier II information to
community water systems upon request. As stated in Chapter 4, community water systems
should be encouraged to join the LEPC to ensure collaboration for protecting the community.
A fact sheet on AWIA requirements and answers to frequently asked questions are located on
EPA's website at https://www.epa.gov/epcra/amendments-epcra-americas-water-infrastructure-
act.
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5.5 Summary of Sections 311 and 312: Reports, Chemical Covered, Entities
Receiving the Reports
Section 311
Section 312
Reports
MSDSs (or SDSs)
Annual Report of Chemical Inventory (Tier
I or Tier II)
Chemicals
Covered
Approximately 800,000 OSHA hazardous
chemicals, which includes EPCRA EHSs
Approximately 800,000 OSHA hazardous
chemicals, which includes EPCRA EHSs
Reporting
Thresholds
• EHS: 500 pounds or the TPQ, whichever
is less
• Gasoline:* 75,000 gallons (or about
283,900 liters)
• Diesel:* 100,000 gallons (or about
378,500 liters)
• All other hazardous chemicals: 10,000
pounds.
• EHS: 500 pounds or the TPQ, whichever
is less
• Gasoline:* 75,000 gallons (or about
283,900 liters);
• Diesel:* 100,000 gallons (or about
378,500 liters)
• All other hazardous chemicals: 10,000
pounds.
How and
When to
Notify
MSDSs (SDSs) or list of chemicals within 3
months on site
Tier II Inventory Report annually by March
1
Whom to
Notify
• SERC (or TERC)
• LEPC (or TEPC)
• Fire department with jurisdiction over
facility
• SERC (or TERC)
• LEPC (or TEPC)
• Fire department with jurisdiction over
facility
* Note: These thresholds are only applicable for gasoline and diesel that was present at retail gas
stations in tank(s) that were entirely underground and were in compliance at all times during the
preceding calendar year with all applicable UST requirements at 40 CFR part 280 or requirements of
the state UST program approved by the Agency under 40 CFR part 281.
Figure 25. Summary of Sections 311 and 312.
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Chapter 6. EPCRA Section 322: Trade Secrets
EPCRA Section 322(a). Authority to withhold information
(1) General authority
(A) With regard to a hazardous chemical, an extremely hazardous substance, or a toxic
chemical, any person required under section 303(d)(2), 303(d)(3), 311, 312, or 313
of this title to submit information to any other person may withhold from such
submittal the specific chemical identity (including the chemical name and other
specific identification), as defined in regulations prescribed by the Administrator
under subsection (c), if the person complies with paragraph (2).
(B) Any person withholding the specific chemical identity shall, in the place on the
submittal where the chemical identity would normally be included, include the
generic class or category of the hazardous chemical, extremely hazardous substance,
or toxic chemical (as the case may be).
(2) Requirements
(A) A person is entitled to withhold information under paragraph (1) if such person—
(i) claims that such information is a trade secret, on the basis of the factors
enumerated in subsection (b),
(ii) includes in the submittal referred to in paragraph (1) an explanation of the
reasons why such information is claimed to be a trade secret, based on the
factors enumerated in subsection (b), including a specific description of why
such factors apply, and
(Hi) submits to the Administrator a copy of such submittal, and the information
withheldfrom such submittal.
(B) In submitting to the Administrator the information required by subparagraph (A) (Hi),
a person withholding information under this subsection may—
(i) designate, in writing and in such manner as the Administrator may prescribe by
regulation, the information which such person believes is entitled to be withheld
under paragraph (1), and
(ii) submit such designated information separately from other information submitted
under this subsection.
(3) Limitation
The authority under this subsection to withhold information shall not apply to information
which the Administrator has determined, in accordance with subsection (c), is not a trade
secret.
Section 322 allows facilities to claim specific chemical identity as a trade secret from certain
EPCRA reports submitted to the SERC, TERC, LEPC, TEPC and the fire department. The
statute does not allow facilities to file trade secret claims under Section 304, emergency release
notification.
Facilities that wish to file trade secret claims are required to submit the EPCRA report with the
chemical identity and the substantiation to EPA. States and local agencies only receive the
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sanitized (i.e. trade secret information removed) copies of the EPCRA reports and the
substantiation form, and not the trade secret information itself.
EPCRA Section 322(b): Trade secret factors
No person required to provide information under this chapter may claim that the information
is entitled to protection as a trade secret under subsection (a) unless such person shows each
of the following:
(1) Such person has not disclosed the information to any other person, other than a member
of a local emergency planning committee, an officer or employee of the United States or a
State or local government, an employee of such person, or a person who is bound by a
confidentiality agreement, and such person has taken reasonable measures to protect the
confidentiality of such information and intends to continue to take such measures.
(2) The information is not required to be disclosed, or otherwise made available, to the public
under any other Federal or State law.
(3) Disclosure of the information is likely to cause substantial harm to the competitive
position of such person.
(4) The chemical identity is not readily discoverable through reverse engineering.
Before filing a trade secret claim, a facility must show that the chemical identity has not been
disclosed to any other person other than:
• Members of the LEPC.
• A federal government employee or officer.
• A state or local government employee.
• A facility employee or other person bound by a confidentiality agreement.
The facility must also show the following on the substantiation form:
• Reasonable measures have been taken to protect the confidentiality of chemicals.
• Facilities intend to continue to take such measures.
• Information is not required to be disclosed to the public under any other federal or state law.
• Information is likely to cause substantial harm to the competitive position of the person or
facility.
• Chemical identity is not readily discoverable through reverse engineering.
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6.1 Trade Secret Regulations
EPCRA Section 322(c): Trade secret regulations
As soon as practicable after October 17, 1986, the Administrator shall prescribe regulations
to implement this section. With respect to subsection (b)(4) of this section, such regulations
shall be equivalent to comparable provisions in the Occupational Safety and Health
Administration Hazard Communication Standard (29 C.F.R. 1910.1200) and any revisions of
such standard prescribed by the Secretary of Labor in accordance with the final riding of the
courts of the United States in United Steehvorkers of America, AFL-CIO-CLC v. Thome G.
Auchter.
As directed by EPCRA Section 322(c), EPA published Trade Secret Regulations on July 29,
1988, in & Federal Register notice (53 FR 28772), and subsequently, made minor revisions to
these regulations. The implementing regulations are at 40 CFR Part 350,
https://www.ecfr.gov/current/title-40/chapter-I/subchapter-J/part-350?toc=l
If trade secret claims are submitted to EPA, facilities are required to submit the sanitized copies
of the EPCRA reports and the sanitized substantiation at the same time to the state and local
authorities according to Section 322(a)(2)(h) of the statute.
Except for release reporting under EPCRA Section 304, a facility may claim a trade secret for
the specific chemical identity from the following EPCRA reports.
6.2 Facilities—Procedures for Filing Trade Secret Claims
The following is a brief description of which EPCRA reports allow a facility to claim specific
chemical identity as a trade secret. SERCs, TERCs, LEPCs and TEPCs may check with EPA to
find out which facilities in their state/tribe/planning district submitted a trade secret package to
EPA. Details on these procedures can be found in the regulations at https://www.ecfr.gov/cgi-
bin/text-idx?SID=lfe4d9656fd47e8a4a7d680552747675&mc=true&tpl=/
ecfrbrowse/Title40/40cfr350 main 02.tpl.
The instructions and the substantiation forms are available on the EPA website at
https://www.epa.gov/epcra/epcra-trade-secret-forms-and-instructions.
6.2.1 Trade Secrecy Claim for the Development of an Emergency Plan (EPCRA Section
303)
Under Section 303(d)(2), facilities are required to inform their LEPC or TEPC of any relevant
changes to emergency planning that may or are about to occur. Under Section 303(d)(3), LEPCs
and TEPCs may request facilities to provide any information for developing and modifying the
emergency plan.
EPCRA Sections 303(d)(2) and (d)(3) only apply to facilities subject to emergency planning
notification under Section 302—that is, facilities that have EHSs on site at or above their TPQs.
The statute does not specify the format or any details of this notification (e.g., name of the EHSs,
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the amount stored on site, etc.). Some facilities may volunteer to provide all details about the
chemicals stored, location and the amount, etc. If facilities do not provide any details, LEPCs
and TEPCs have the authority to request any information under Sections 302(d)(2) and (d)(3).
However, due to the provisions under EPCRA Section 322, Trade Secrets, facilities can submit
the trade secret claim package to EPA for the specific chemical identity.
A facility may claim the specific chemical identity as a trade secret when providing information
under these two sections. Instead of providing the actual chemical name, the facility is required
to provide LEPCs and TEPCs the generic chemical name, which would be descriptive of the
actual identity of the chemical.
If LEPCs and TEPCs wish to know if a particular facility in their planning district has claimed
trade secrets, they may contact EPA to confirm.
6.2.2 Trade Secrecy Claim for Hazardous Chemical Inventory Reporting—MSDS, List of
Hazardous Chemicals and Tier II Form (EPCRA Sections 311 and 312)
The hazardous chemical inventory reporting provisions require facilities to submit MSDSs,
(SDSs), a list of hazardous chemicals, and the inventory form (Tier II form or the state
equivalent) to the SERC or TERC, LEPC or TEPC and the local fire department. Facilities may
withhold a specific chemical identity from each of these submissions but must submit a trade
secrecy claim package to EPA.
6.3 Public Petitions Requesting Disclosure of a Trade Secret Chemical
EPCRA Section 322(d): Petition for review
(1) In general
Any person may petition the Administrator for the disclosure of the specific chemical
identity of a hazardous chemical, an extremely hazardous substance, or a toxic chemical
which is claimed as a trade secret under this section. The Administrator may, in the
absence of a petition under this paragraph, initiate a determination, to be carried out in
accordance with this subsection, as to whether information withheld constitutes a trade
secret.
(2) Initial review
Within 30 days after the date of receipt of a petition under paragraph (1) (or upon the
Administrator's initiative), the Administrator shall review the explanation filed by a trade
secret claimant under subsection (a)(2) and determine whether the explanation presents
assertions which, if true, are sufficient to support a finding that the specific chemical
identity is a trade secret.
(3) Finding of sufficient assertions
(A) If the Administrator determines pursuant to paragraph (2) that the explanation
presents sufficient assertions to support a finding that the specific chemical identity is
a trade secret, the Administrator shall notify the trade secret claimant that he has 30
days to supplement the explanation with detailed information to support the
assertions.
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(B) If the Administrator determines, after receipt of any supplemental supporting detailed
information under subparagraph (A), that the assertions in the explanation are true
and that the specific chemical identity is a trade secret, the Administrator shall so
notify the petitioner and the petitioner may seek judicial review of the determination.
(C) If the Administrator determines, after receipt of any supplemental supporting detailed
information under subparagraph (A), that the assertions in the explanation are not
true and that the specific chemical identity is not a trade secret, the Administrator
shall notify the trade secret claimant that the Administrator intends to release the
specific chemical identity. The trade secret claimant has 30 days in which he may
appeal the Administrator's determination under this subparagraph to the
Administrator. If the Administrator does not reverse his determination under this
subparagraph in such an appeal by the trade secret claimant, the trade secret
claimant 1 may seek judicial review of the determination.
(4) Finding of insufficient assertions
(A) If the Administrator determines pursuant to paragraph (2) that the explanation
presents insufficient assertions to support a finding that the specific chemical identity
is a trade secret, the Administrator shall notify the trade secret claimant that he has
30 days to appeal the determination to the Administrator, or, upon a showing of good
cause, amend the original explanation by providing supplementary assertions to
support the trade secret claim.
(B) If the Administrator does not reverse his determination under subparagraph (A) after
an appeal or an examination of any supplementary assertions under subparagraph
(A), the Administrator shall so notify the trade secret claimant and the trade secret
claimant may seek judicial review of the determination.
(C) If the Administrator reverses his determination under subparagraph (A) after an
appeal or an examination of any supplementary assertions under subparagraph (A),
the procedures under paragraph (3) of this subsection apply.
The public may request from EPA, in writing, the disclosure of the chemical identity claimed as
trade secret. EPA will make a determination on the petition within nine months of receipt of such
a petition.
EPA may review a trade secret claim to determine its validity upon receipt of a petition or may
initiate such a review at any time. EPA will notify the facility if the trade secret claim package
contains insufficient information and may request additional information from the submitter.
EPA will also notify the submitter if the claim is valid.
6.4 Trade Secret Access for Health Professionals
EPCRA Section 322(e): Exception for information provided to health professionals
Nothing in this section, or regulations adopted pursuant to this section, shall authorize any
person to withhold information which is required to be provided to a health professional, a
doctor, or a nurse in accordance with section 323 of this title.
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While EPCRA Section 322 allows facilities to file trade secret claims for specific chemical
identities on certain EPCRA reports, EPCRA Section 323 authorizes health professionals to
obtain this information as specified in the statute. Details on this are covered in Chapter 7 of this
document.
6.5 Information Provided to the State
EPCRA Section 322(g) Information provided to State
Upon request by a State, acting through the Governor of the State, the Administrator shall
provide to the State any information obtained under subsection (a)(2) and subsection (d)(3).
Any state may request access to trade secret claims, substantiations and additional information
submitted to EPA. Under Section 322(g) of EPCRA, the governor of the state may request that
EPA provide trade secret information, including specific chemical identities and substantiations
that the facilities in their state submitted. However, under Section 325(d)(2), the governors are
prevented from "knowingly and willfully" disclosing trade secret information to the public. The
governor of a state that receives access to trade secret information may disclose it only to state
employees.
EPA may provide access to any state if (a) the request is in writing; (b) the request is from the
governor of the state; and (c) the state agrees to safeguard the information.
While EPA believes that it would be beneficial to state and local preparedness and planning to
access information on trade secrets, it was determined that these potential advantages were
outweighed by the possible consequences of unintended disclosure of bona fide trade secrets.
Because SERCs, TERCs, LEPCs and TEPCs may include representatives from industry and the
public, it could be very difficult to protect trade secrets from wider disclosure. Therefore, EPA
determined that only state governors may be provided access to trade secret information.
If LEPCs and TEPCs wish to know which facilities in the planning district submitted trade secret
claim packages, they may contact EPA.
6.6 Information on Adverse Effects
EPCRA Section 322(h) Information on adverse effects
(1) In any case in which the identity of a hazardous chemical or an extremely hazardous
substance is claimed as a trade secret, the Governor or State emergency response
commission established under section 11001 of this title shall identify the adverse health
effects associated with the hazardous chemical or extremely hazardous substance and
shall assure that such information is provided to any person requesting information about
such hazardous chemical or extremely hazardous substance.
(2) In any case in which the identity of a toxic chemical is claimed as a trade secret, the
Administrator shall identify the adverse health and environmental effects associated with
the toxic chemical and shall assure that such information is included in the computer
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database required by section 313 (j) of this title and is provided to any person requesting
information about such toxic chemical.
Although a trade secret claim for a chemical is submitted to EPA, if a member of the public
requests information on adverse health effects of the chemical, the governor or the SERC shall
provide the requestor access to that information.
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Chapter 7. EPCRA Section 323: Provision of
Information to Health Professionals,
Doctors, and Nurses
EPCRA Section 323 consists of three provisions regarding access to chemical identity
information by health professionals. These provisions require the facility owner or operator to
disclose the chemical identity, including trade secret chemical identity, to a health professional
for diagnosis and treatment in the following situations:
• Non-emergency diagnosis or treatment.
• Emergency situations.
• Preventive research studies and treatment measures.
These three situations are explained below following the italicized text from the statute. The
health professional is required to sign a statement regarding his or her need for the chemical
identity, and a confidentiality agreement prior to disclosure, except in emergency situations.
These two documents may be completed later in emergency situations.
7.1 Non-Emergency Diagnosis or Treatment
EPCRA Section 323(a): Diagnosis or treatment by health professional
An owner or operator of a facility which is subject to the requirements of section 311, 312, or
313 of this title shall provide the specific chemical identity, if known, of a hazardous chemical,
extremely hazardous substance, or a toxic chemical to any health professional who requests
such information in writing if the health professional provides a written statement of need
under this subsection and a written confidentiality agreement under subsection (d). The
written statement of need shall be a statement that the health professional has a reasonable
basis to suspect that—
(1) the information is neededfor purposes of diagnosis or treatment of an individual,
(2) the individual or individuals being diagnosed or treated have been exposed to the
chemical concerned, and
(3) knowledge of the specific chemical identity of such chemical will assist in diagnosis or
treatment.
Following such a written request, the owner or operator to whom such request is made shall
promptly provide the requested information to the health professional. The authority to
withhold the specific chemical identity of a chemical under section 322 of this title when such
information is a trade secret shall not apply to information required to be provided under this
subsection, subject to the provisions of subsection (d).
Any health professional performing diagnosis or treatment, not solely doctors or nurses, is
permitted access to a trade secret chemical identity in a non-emergency situation.
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To gain access, the health professional should write a statement of need, such as "the chemical
identity is needed for diagnosis or treatment of an individual or individuals who have been
exposed to the chemical of concern." In addition, the health professional must also state that
knowledge of the specific chemical identity will assist in diagnosis or treatment of the exposed
individual(s).
The authority to withhold the specific chemical identity provided in EPCRA Section 322 (Trade
Secrets) does not apply in this situation. The facility owner or operator must provide this
information upon receiving the statement of need.
7.2 Medical Emergency Situations
EPCRA Section 323(b): Medical emergency
An owner or operator of a facility which is subject to the requirements of section 311, 312, or
313 of this title shall provide a copy of a material safety data sheet, an inventory form, or a
toxic chemical release form, including the specific chemical identity, if blown, of a hazardous
chemical, extremely hazardous substance, or a toxic chemical, to any treating physician or
nurse who requests such information if such physician or nurse determines that—
(1) a medical emergency exists,
(2) the specific chemical identity of the chemical concerned is necessary for or will assist in
emergency or first-aid diagnosis or treatment, and
(3) the individual or individuals being diagnosed or treated have been exposed to the
chemical concerned.
Immediately following such a request, the owner or operator to whom such request is made
shall provide the requested information to the physician or nurse. The authority to withhold
the specific chemical identity of a chemical from a material safety data sheet, an inventory
form, or a toxic chemical release form under section 322 of this title when such information is
a trade secret shall not apply to information required to be provided to a treating physician or
nurse under this subsection. No written confidentiality agreement or statement of need shall be
required as a precondition of such disclosure, but the owner or operator disclosing such
information may require a written confidentiality agreement in accordance with subsection (d)
and a statement setting forth the items listed in paragraphs (1) through (3) as soon as
circumstances permit.
The second provision of Section 323 addresses providing information to any health professional
(e.g., treating physician or nurse) during medical emergencies. The statute requires the facility
owner or operator to provide a copy of the MSDS (SDS) and Tier II inventory form, including
the specific chemical identity, if known, to the requesting medical personnel.
The treating physician or nurse must determine that:
• A medical emergency exists.
• The specific identity of the chemical of concern is necessary for or will assist in emergency
or first-aid diagnosis or treatment.
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• The individual or individuals being diagnosed or treated have been exposed to the chemical
of concern.
The statute does not require the treating physician or nurse to submit a written confidentiality
agreement or statement of need prior to receiving the trade secret chemical identity. The owner
or operator disclosing such information may, however, require a written confidentiality
agreement and statement of need as soon as circumstances permit.
The authority to withhold the specific chemical identity provided in EPCRA Section 322 (Trade
Secrets) does not apply in this situation. The facility owner or operator must provide this
information upon receiving the statement of need.
7.3 Preventive Research Studies and Treatment Measures
EPCRA Section 323(c) Preventive measures by local health professionals
(1) Provision of information
An owner or operator of a facility subject to the requirements of section 311, 312, or 313
of this title shall provide the specific chemical identity, if known, of a hazardous chemical,
an extremely hazardous substance, or a toxic chemical to any health professional (such as
a physician, toxicologist, or epidemiologist)—
(A) who is a local government employee or a person under contract with the local
government, and
(B) who requests such information in writing and provides a written statement of need
under paragraph (2) and a written confidentiality agreement under subsection (d).
Following such a written request, the owner or operator to whom such request is
made shall promptly provide the requested information to the local health
professional. The authority to withhold the specific chemical identity of a chemical
under section 322 of this title when such information is a trade secret shall not apply
to information required to be provided under this subsection, subject to the
provisions of subsection (d).
This provision allows local health professional access to information on chemicals to facilitate
epidemiological and toxicological research and to render medical treatment for the effects of
chemical exposures.
The health professional, such as a physician, toxicologist, or epidemiologist, may be a local
government employee or under contract with a local government. They should submit a written
statement of need and a confidentiality agreement.
The authority to withhold the specific chemical identity provided in EPCRA Section 322 does
not apply in this situation. The facility owner or operator must provide this information when
they get the statement of need.
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7.4 Written Statement of Need
EPCRA Section 323(c) Preventive measures by local health professionals
(2) Written statement of need
The written statement of need shall be a statement that describes with reasonable detail
one or more of the following health needs for the information:
(A) To assess exposure of persons living in a local community to the hazards of the
chemical concerned.
(B) To conduct or assess sampling to determine exposure levels of various population
groups.
(C) To conduct periodic medical surveillance of exposed population groups.
(D) To provide medical treatment to exposed individuals or population groups.
(E) To conduct studies to determine the health effects of exposure.
(F) To conduct studies to aid in the identification of a chemical that may reasonably be
anticipated to cause an observed health effect.
According to the statute, the confidentiality agreement should show that the health professional
will not use the information for any purpose other than the health needs asserted in the statement
of need.
EPCRA Section 323(d): Confidentiality agreement
Any person obtaining information under subsection (a) or (c) shall, in accordance with such
subsection (a) or (c), be required to agree in a written confidentiality agreement that he will
not use the information for any purpose other than the health needs asserted in the statement
of need, except as may otherwise be authorized by the terms of the agreement or by the person
providing such information. Nothing in this subsection shall preclude the parties to a
confidentiality agreement from pursuing any remedies to the extent permitted by law.
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Chapter 8. EPCRA Section 324: Public Availability
of Plan, Data Sheets, Forms, and Follow-
up Notices
EPCRA Section 324(a) Availability to Public
Each emergency response plan, material safety data sheet, list described in section 311(a)(2)
of this title, inventory form, toxic chemical release form, andfollow-ap emergency notice shall
be made available to the general public, consistent with section 322 of this title, daring normal
working hoars at the location or locations designated by the Administrator, Governor, State
emergency response commission, or local emergency planning committee, as appropriate.
Upon request by an owner or operator of a facility subject to the requirements of section 312
of this title, the State emergency response commission and the appropriate local emergency
planning committee shall withholdfi'om disclosure under this section the location of any
specific chemical required by section 312(d)(2) of this title to be contained in an inventory
form as tier II information.
EPCRA Section 324(a) states that certain information developed under EPCRA, as well as the
reports submitted by facilities under EPCRA, should be available to the public, consistent with
Section 322, Trade Secret Provisions. These provisions apply to SERCs, TERCs, LEPCs and
TEPCs.
As required under Section 301 of EPCRA, SERCs, TERCs, LEPCs and TEPCs should set up
procedures and processes for providing information to the community. These procedures may
include setting up a reading room and its operating hours, costs for photocopying information,
etc.
Figure 26. Public access to EPCRA information.
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8.1 Public Access to EPCRA Reports
The following is a summary of information that should be available upon request to the public
under EPCRA.
8.1.1 Emergency Response Plan Developed by LEPCs and TEPCs
LEPCs and TEPCs should provide citizens in their community access to the emergency response
plan and encourage them to attend meetings to discuss procedures for citizens to follow in case
of a chemical emergency. As required by the statute in EPCRA Section 301(c), one of the
functions of the LEPCs and TEPCs are to establish rules for the organizations, which include
holding public meetings to discuss the emergency plan. You can also prepare them on what to
do during an emergency and how you will notify them (ex: tv or radio announcements).
8.1.2 Follow-up Emergency Notice (Follow-up Written Report)
As required under Section 304(c) of EPCRA, facilities are required to submit a follow-up report
on any accidental releases of any EHSs or CERCLA hazardous substances for which they made
an initial notification to the SERC or TERC and LEPC or TEPC. This follow-up report should be
made available to the public. This report should be submitted by facilities within 30 days, but
some states require fewer than 30 days.
8.1.3 Material Safety Data Sheet (MSDS) (or Safety Data Sheet (SDS)) or List of
Hazardous Chemicals Received under Section 311(a)(2)
Citizens in your community may request MSDSs (SDSs) and/or the list of hazardous chemicals
submitted by facilities near their home or local schools. Facilities have the option to either
submit MSDSs (SDSs) or a list of hazardous chemicals held above the reporting thresholds. If
LEPCs and TEPCs do not have the MSDSs (SDSs), they may request them from facilities.
8.1.4 Inventory Form Submitted Under Section 312 ("Tier II")
The hazardous chemical inventory form (Tier II or the state equivalent) received under Section
312 should also be made available to the public. However, community members must request
information for a specific facility. SERCs, TERCs, TEPCs and LEPCs must respond to requests
within 45 days after the request.
8.2 Notice of Public Availability
EPCRA Section 324(b): Notice of Public Availability
Each local emergency planning committee shall annually publish a notice in local newspapers
that the emergency response plan, material safety data sheets, and inventory forms have been
submitted under this section. The notice shall state that followap emergency notices may
subsequently be issued. Such notice shall announce that members of the public who wish to
review any such plan, sheet, form, or followap notice may do so at the location designated
under subsection (a).
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Section 324(b) of the statute states that LEPCs and TEPCs should publish a notice in local
newspapers that the emergency plan, MSDSs (SDSs), and inventory forms are available for the
community to review. Such notices shall include the location of the reading room, if established,
and the hours of operation.
In addition to (or in lieu of) publishing a notice in local newspapers, EPA encourages LEPCs and
TEPCs to develop a website for their organization of any activities planned, such as discussion of
the emergency response plan, explanation of chemical risks and schedules for emergency plan
exercises, etc. LEPCs and TEPCs may also post notices in public institutions, libraries, city hall
and other places where the public normally gather or visit. You may also publish fact sheets or
brochures to provide to the public. You may request assistance from your state/tribe or EPA.
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Chapter 9. EPCRA Section 325: Enforcement
This chapter describes enforcement provisions of EPCRA, including types of violations and
penalties.
The first part of the chapter discusses the civil, administrative and criminal penalties for facilities
not complying with certain requirements of the law.10
The second part discusses the authority granted to state, tribal and local agencies to take
enforcement actions in those situations where voluntary compliance has not occurred. LEPCs
and TEPCs may either exercise enforcement action on their own or work with the state (or tribe)
and EPA to enforce the provisions of the Act.
9.1 Violations of EPCRA Sections 302 and 303(d)
EPCRA Section 325(a): Civil penalties for emergency planning
The Administrator may order a facility owner or operator (except an owner or operator of a
facility designated under section 302(b)(2) of this title) to comply with section 302(c) of this
title and section 303(d) of this title. The United States district court for the district in which the
facility is located shall have jurisdiction to enforce the order, and any person who violates or
fails to obey such an order shall be liable to the United States for a civil penalty of not more
than $25,000for each day in which such violation occurs or such failure to comply continues.
EPCRA Section 325(a) authorizes the EPA to issue orders compelling compliance. The U.S.
District Court for the district in which the facility is located has the authority to enforce the order
and assess penalties of up to $59,107 per violation per day for each day in which such violation
occurs or failure to comply with the order continues.
The EPA's authority to enforce violations of EPCRA Section 302(c) is limited to issuing an order
to comply. This authority applies only to those facilities with EHSs present above the TPQs.
9.2 Violations of EPCRA Section 304 and CERCLA Section 103
EPCRA Section 325 (b): Civil, administrative, and criminal penalties for emergency
notification
(1) Class I administrative penalty
(A) A civil penalty of not more than $25,000 per violation may be assessed by the
Administrator in the case of a violation of the requirements of section 304 of this title.
(B) No civil penalty may be assessed under this subsection unless the person accused of
the violation is given notice and opportunity for a hearing with respect to the
violation.
111 The EPA's Office of Enforcement and Compliance Assurance ensures facilities comply with EPCRA and its
implementing regulations.
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(C) In determining the amount of any penalty assessed pursuant to this subsection, the
Administrator shall take into account the nature, circumstances, extent and gravity of
the violation or violations and, with respect to the violator, ability to pay, any prior
history of such violations, the degree of culpability, economic benefit or savings (if
any) resulting fi'om the violation, and such other matters as justice may require.
(2) Class II administrative penalty
A civil penalty of not more than $25,000 per day for each day during which the violation
continues may be assessed by the Administrator in the case of a violation of the
requirements of section 11004 of this title. In the case of a second or subsequent violation
the amount of such penalty may be not more than $75,000for each day during which the
violation continues. Any civil penalty under this subsection shall be assessed and
collected in the same manner, and subject to the same provisions, as in the case of civil
penalties assessed and collected under section 2615 of title 15. In any proceeding for the
assessment of a civil penalty under this subsection the Administrator may issue subpoenas
for the attendance and testimony of witnesses and the production of relevant papers,
books, and documents and may promulgate rides for discovery procedures.
(3) Judicial assessment
The Administrator may bring an action in the United States District 1 court for the
appropriate district to assess and collect a penalty of not more than $25,000 per day for
each day during which the violation continues in the case of a violation of the
requirements of section 304 of this title. In the case of a second or subsequent violation,
the amount of such penalty may be not more than $75,000for each day during which the
violation continues.
(4) Criminal penalties
Any person who knowingly and willfully fails to provide notice in accordance with section
304 of this title shall, upon conviction, be fined not more than $25,000 or imprisonedfor
not more than two years, or both (or in the case of a second or subsequent conviction,
shall be fined not more than $50,000 or imprisonedfor not more than five years, or both).
If the facility does not comply with the order, EPA may file a civil judicial action in the U.S.
District Court to enforce compliance and to impose a penalty up to the statutory maximum at the
time of the violation.
EPCRA 325(b)(1) authorizes the EPA to assess up to $25,000 in the case of a violation of the
requirements of Section 304.
CERCLA 109(b)(1) authorizes the President to assess a penalty of up to $25,000 per day for
each day during which a violation of CERCLA 103 continues.
For second or subsequent violations EPCRA Section 304, the EPA is authorized to assess a
penalty, not to exceed $75,000 for each day in which the violation continues.
For second or subsequent violations of CERCLA Section 103, the President is authorized to
assess a penalty, not to exceed $75,000 for each day in which the violation continues.
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EPA periodically publishes a rulemaking to adjust the maximum civil penalty amount for
inflation.11
9.3 Violations of EPCRA Sections 311, 312, 322(a)(2) and 323(b)
EPCRA Section 325(c): Civil and administrative penalties for reporting requirements
(1) Any person (other than a governmental entity) who violates any requirement of section
312 or 313 of this title shall be liable to the United States for a civil penalty in an amount
not to exceed $25,000for each such violation.
(2) Any person (other than a governmental entity) who violates any requirement of section
311 or 323(b) of this title, and any person who fails to famish to the Administrator
information required under section 322(a)(2) of this title shall be liable to the United
States for a civil penalty in an amount not to exceed $10,000for each such violation.
(3) Each day a violation described in paragraph (1) or (2) continues shall, for purposes of
this subsection, constitute a separate violation.
(4) The Administrator may assess any civil penalty for which a person is liable under this
subsection by administrative order or may bring an action to assess and collect the
penalty in the United States district court for the district in which the person fi'om whom
the penalty is sought resides or in which such person's principal place of business is
located.
EPCRA Section 325(c)(1) authorizes the EPA to assess a penalty not to exceed $25,000 per
violation. Section 325(c)(3) states that each day a violation of EPCRA 312 continues constitutes
a separate violation. The Civil Monetary Penalty Inflation Adjustment rule increased the
maximum statutory civil penalty amount to $59,017.
EPCRA Section 325(c)(2) authorizes EPA to assess a penalty not to exceed $10,000 per
violation. Section 325(c)(3) states that each day a violation of EPCRA 311, 323(b) and 322(a)(2)
continues constitutes a separate violation. The Civil Monetary Penalty Inflation Adjustment rule
increased the maximum statutory civil penalty amount to $23,607.
EPA has a major role to play in enforcing EPCRA; however, EPA does not receive or process
information under EPCRA, aside from information required under EPCRA Section 313 and trade
secret information required under Section 322. SERCs and LEPCs may initiate an enforcement
action at state and local levels or refer any non-compliers to EPA. As provided in EPCRA
Section 326, LEPCs and TEPCs can also take civil actions against facilities if they fail to provide
the information required under EPCRA, which will be discussed in the next chapter.
11 For example, on December 23, 2020 (85 FR 83818), EPA issued a Civil Monetary Penalty Inflation Adjustment
rule to increase the level of the maximum statutory civil penalty amount from $25,000 to $59,017 for a first-time
violation and from $75,000 to $177,053 for a second and subsequent violations.
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Chapter 10. EPCRA Section 326: Civil Actions
EPCRA Section 326(a): Authority to bring civil actions.
(1) Citizen suits
Except as provided in subsection (e), any person may commence a civil action on his own
behalf against the following:
(A) An owner or operator of a facility for failure to do any of the following:
(i) Submit a followap emergency notice under section 304(c) of this title.
(ii) Submit a material safety data sheet or a list under section 311(a) of this title.
(Hi) Complete and submit an inventory form under section 312(a) of this title
containing tier I information as described in section 312(d)(1) of this title unless
such requirement does not apply by reason of the second sentence of section
312(a)(2) of this title.
(iv) Complete and submit a toxic chemical release form under section 313(a) of this
title.
(B) The Administrator for failure to do any of the following:
(i) Publish inventory forms under section 312(g) of this title.
(ii) Respond to a petition to add or delete a chemical under section 312(e)(1) of this
title within 180 days after receipt of the petition.
(Hi) Publish a toxic chemical release form under 313(g) 1 of this title.
(iv) Establish a computer database in accordance with section 313(j) of this title.
(v) Promulgate trade secret regulations under section 322(c) of this title.
(vij Render a decision in response to a petition under section 324(d) of this title
within 9 months after receipt of the petition.
(C) The Administrator, a State Governor, or a State emergency response commission, for
failure to provide a mechanism for public availability of information in accordance
with section 324(a) of this title.
(D) A State Governor or a State emergency response commission for failure to respond to
a request for tier II information under section 312(e)(3) of this title within 120 days
after the date of receipt of the request.
EPCRA Section 326 allows citizens to initiate civil actions against EPA, SERCs or TERCs, and
the owner or operator of a facility for failure to meet the EPCRA requirements. Citizens may
bring civil actions against the owner or operator of a facility for failure to comply with certain
requirements under EPCRA Section 326(a)(1)(A).
In addition, citizens may also bring civil action against the EPA Administrator; the state
governor or the SERC; or the chief executive officer of the tribe or TERC for failure to fulfill
certain requirements under the law, including not providing a mechanism for public availability
of information as provided in EPCRA Section 324(a). The citizens may also bring civil action
against the state governor or a SERC for failure to respond to a request for Tier II information
under Section 312(e)(3). (See Section 326(a)(1)(D), cited above.)
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10.1 State or Local Suits
EPCRA Section 326(a)(2): State or local suits
(A) Any State or local government may commence a civil action against an owner or operator
of a facility for failure to do any of the following:
(i) Provide notification to the emergency response commission in the State under section
302(c) of this title.
(ii) Submit a material safety data sheet or a list under section 311(a) of this title.
(Hi) Make available information requested under section 311(c) of this title.
(iv) Complete and submit an inventory form under section 312(a) of this title containing
tier I information unless such requirement does not apply by reason of the second
sentence of section 312(a)(2) of this title.
(B) Any State emergency response commission or local emergency planning committee may
commence a civil action against an owner or operator of a facility for failure to provide
information under section 303(d) of this title or for failure to submit tier II information
under section 312(e)(1) of this title.
(C) Any State may commence a civil action against the Administrator for failure to provide
information to the State under section 322(g) of this title.
Sections 302, 311 and 312 require facilities to submit certain information on the chemicals stored
on site. In response to a failure to comply with these requirements, the SERC, TERC, LEPC,
TEPC, state or local government may commence actions against an owner or operator of the
facility. You may request assistance from EPA if you are unable to take enforcement actions
against a facility.
Before taking any enforcement action, LEPCs and TEPCs may want to contact the facility owner
or operator to encourage the facility to come into compliance. As noted in Chapter 5, there are
certain provisions in EPCRA that grant authority to LEPCs and TEPCs to obtain information
from a facility to assist in local emergency planning (Section 303(d)(3)). If a facility does not
provide such information, the SERC or LEPC may take enforcement action, as stated in EPCRA
Section 326(a)(2)(B) (see statutory text provided above). The request for information can be in a
form of a letter to the owner or operator of the facility, citing the authority for requesting the
information and inform the facility owner or operator that failure to comply with the request is a
violation of the law that could result in a penalty, as described below.
Under the trade secret provisions, discussed in Chapter 6 of this document, EPCRA Section
322(g) states that the EPA Administrator should provide trade secret information filed by
facilities upon request by a state or a tribe. For failure to provide this information, the state or
tribe may take civil action against the EPA Administrator.
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Chapter 11. Other EPA Regulations
There are other EPA programs or regulations that require facilities to submit information that
LEPCs and TEPCs may use to plan for chemical emergencies. The Tier II form requires facilities
to indicate if they are subject to regulations under the RMP and TRI. Some facilities in your
planning district may also have to comply with federal or state hazardous waste regulations. You
may reach out to facilities in your planning areas for more information on the chemicals handled
at these facilities. This chapter will briefly detail other existing regulations.
11.1 Risk Management Program
When Congress passed the CAA Amendments of 1990, Section 112(r) required EPA to publish
regulations and guidance for chemical accident prevention at facilities using substances that
posed the greatest risk of harm from accidental releases. These regulations, found at 40 CFR Part
68. were built upon existing industry codes and standards and require companies of all sizes that
use certain listed regulated flammable and toxic substances to develop a Risk Management
Program, a program of activities designed to prevent an accidental chemical release from
occurring. By June 21, 1999, a summary of the facility's Risk Management Program (known as a
"Risk Management Plan" or "RMP") was to be submitted to EPA. The plans must be updated
and resubmitted at least every five years. There are other circumstances described in the RMP
regulations (and below), however, that may require a more frequent submission. New facilities
must submit an RMP as soon as they have a covered chemical above the threshold quantity.
Approximately 12,000 facilities are subject to Risk Management Program regulations.
11.1.1 Who Is Covered?
Owners and operators of a facility (stationary source) that manufactures, uses, stores or
otherwise handles more than a threshold quantity of a listed regulated substance in a process
must implement a Risk Management Program.
"Process" means any activity involving a listed regulated substance, including any use, storage,
manufacturing, handling or on-site movement of such substances—or a combination of these
activities.
11.1.2 What Chemicals Must Be Reported Under an RMP?
The regulation includes a list of regulated substances, including their synonyms and threshold
quantities (in pounds) to help assess if a process is subject to the Risk Management Program
rule. The regulated substances are listed in four tables at 40 CFR 68.130. two of which list the
regulated toxic substances (alphabetically and by CAS number) and two of which list the
regulated flammable substances (alphabetically and by CAS number). The substances can also
be found in the List of Lists, which is a consolidated list of chemicals subject to:
. EPCRA.
. CERCLA.
• Section 112(r) of the CAA.
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Thresholds for toxic substances range from 500 to 20,000 pounds. The threshold for all
flammable substances is 10,000 pounds.
Where the CAA Section 112(r) program has been delegated to a state, that state may have
additional requirements for the federally-listed chemicals and/or additional listed chemicals.
11.1.3 What Information Must an RMP Include?
Each facility's program should address three areas:
• Hazard assessment that details the potential effects of an accidental release, an accident
history of the last five years, and an evaluation of worst-case and alternative accidental
releases.
• Prevention program that includes safety precautions and maintenance, monitoring and
employee training measures.
• Emergency response program that describes emergency health care, employee training
measures and procedures for informing the public and response agencies (e.g., the fire
department) should an accident occur.
11.1.4 How Is RMP Information Used?
The RMP information required from facilities helps local fire, police and emergency response
personnel prepare for and respond to chemical emergencies. Making RMPs available to the
public also fosters communication and awareness to improve accident prevention and emergency
response practices at the local level.
11.1.5 What Are RMP Program Levels?
The rule defines three program levels based on processes' relative potential for public impacts
and the level of effort needed to prevent accidents. For each program level, the rule defines
requirements that reflect the level of risk and prevention requirements associated with the
processes at that level. The program levels are as follows:
• Program Level 1: Processes that would not affect the public in the event of a worst-case
release and with no accidents with specific offsite consequences within the past five years.
Program 1 imposes limited hazard assessment requirements and minimal accident prevention
and emergency response requirements.
• Program Level 2: Processes not eligible for Program 1 or subject to Program 3. Program 2
imposes streamlined accident prevention program requirements, as well as additional hazard
assessment, management and emergency response requirements.
• Program Level 3: Processes that are not eligible for Program 1 and are either subject to
OSHA's Process Safety Management (PSM) standard under federal or state OSHA programs
or classified in one of 10 specified North American Industrial Classification System (NAICS)
codes. Program 3 imposes OSHA's PSM standard as the accident prevention program, as
well as additional hazard assessment, management and emergency response requirements.
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Based on their limited potential for serious offsite consequences, facilities are not required to
implement a prevention program, an emergency response program, or a management system for
Program 1 processes. Facilities with processes in Program 2 and Program 3 must address each of
the three RMP elements described above for those processes.
11.1.6 Have There Been Major Changes to the RMP Rule?
EPA conducted a multi-year review of potential improvements to the RMP rule, which
culminated in 2019 in a set of enhancements to the emergency response provisions and other
changes. These enhancements ensure first responders have access to all necessary safety
information and resolve important security concerns. In short, the new requirements include:
• Conducting public meetings within 90 days of a qualifying accident with offsite impacts.
• Performing annual coordination activities with local emergency responders.
• Developing emergency response exercise plans and schedules.
• Conducting emergency response notification drills.
• Conducting emergency response tabletop exercises.
• Conducting emergency response field exercises.
Details of the new requirements and their corresponding compliance dates can be found here.
11.1.7 How Should Facilities Coordinate with Emergency Response Officials on Their
Emergency Response Plans?
Once a facility determines that they have at least one RMP-covered process, they must have open
communications with local emergency planning and response officials, including their local
emergency planning committee (LEPC) if one exists, to ensure that response actions for an
accidental release have been coordinated.
For facilities with Program 2- or 3- covered processes, per 40 CFR 68.93. emergency response
coordination with local officials must occur at least annually—and more frequently if
necessary—to address changes at the facility, in the emergency response plan or emergency
action plan, and in the community emergency response plan. The purpose of the annual
coordination is to allow facilities to update and discuss the information being provided to local
authorities and to allow local authorities to provide facilities with updated information on how
the source is addressed in the community emergency response plan.
Additionally, for facilities with Program 2- or 3- covered processes, per 40 CFR 68.96.
emergency response exercises are required in order to increase chemical accident emergency
response readiness for facility owners and operators and local responders. The required RMP
emergency response exercise activities can be divided into two categories:
• Notification exercises:
o Annual notification exercise of the facility's emergency response notification
mechanisms; written record is prepared following the exercise.
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• Emergency response exercise program:
o Field exercises scheduled and conducted in consultation with local emergency response
officials; evaluation report is prepared following the exercise.
o Tabletop exercises scheduled and conducted in consultation with local emergency
response officials at least every three years; evaluation report is prepared following the
exercise.
These exercises can increase emergency readiness by ensuring that local public responders and
facility response personnel know what actions to take during various chemical accident
scenarios.
11.1.8 How Does the LEPC or Its Members Get Access to an RMP?
In addition to the required coordination and sharing of prepared chemical emergency response
plans, a facility's RMP will be available through EPA's secure data system, the Central Data
Exchange (CDX), to state and local officials involved in planning for and responding to chemical
emergencies. Contact your regional EPA RMP representative to get access to RMPs for facilities
under your jurisdiction.
However, the simplest way to identify an RMP facility in your state is look at a facility's Tier II
form. That form will indicate whether the facility is an RMP facility and will have some
information on the chemicals. The actual RMP report will include hypothetical accident
scenarios and some information on past accidents and accident prevention efforts that may be
useful for community preparedness.
11.2 Toxic Chemical Release Inventory
The TRI tracks the management of certain toxic chemicals that may pose a threat to human
health and the environment. U.S. facilities in different industry sectors must report annually how
much of each chemical is released to the environment and/or managed through recycling, energy
recovery and treatment. (A "release" of a chemical means that it is emitted into the air or water or
placed in some type of land disposal.)
The information submitted by facilities is compiled in the TRI. The TRI helps support informed
decision-making by companies, government agencies, non-governmental organizations and the
public. Section 313 of EPCRA created the TRI program.
11.2.1 What Are Classified as TRI Toxic Chemicals?
In general, chemicals covered by the TRI program are those that cause:
• Cancer or other chronic human health effects.
• Significant adverse acute human health effects.
• Significant adverse environmental effects.
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The TRI program currently covers over 770 individually-listed chemicals and 33 chemical
categories. Facilities that manufacture, process or otherwise use these chemicals in amounts
above established levels must submit annual TRI reports on each chemical. The TRI chemical
list does not include all toxic chemicals used in the United States.
11.2.2 What Types of Industries Are Included in TRI?
Facilities that report to TRI are typically larger facilities involved in manufacturing, metal
mining, electric power generation, chemical manufacturing and hazardous waste treatment. Not
all industry sectors are covered by the TRI program, and not all facilities in covered sectors are
required to report to TRI.
11.2.3 What Does the TRI Program Provide for Communities?
Since the creation of the TRI program, TRI information has provided a way for citizens to better
understand possible sources of pollution in their communities. This better understanding can be
the basis for actions, such as communications with facilities releasing chemicals to the
environment and with regulatory authorities that have oversight responsibilities. This concept of
citizen empowerment is summed up by the slogan "A right to know, a basis to act."
Information that is often helpful to citizens in addition to TRI quantity information includes the
health effects of the chemical in question, how the chemical is managed, and whether a relevant
human exposure is likely. Additionally, many parties, including industry, are often interested in
whether releases of a chemical can be minimized, reduced or eliminated at the source. The TRI
program is committed to presenting as much of this information as possible to help inform the
public. Please visit the TRI website at www.epa.gov/tri.
11.3 RCRA: Hazardous & Non-Hazardous Solid Waste
RCRA is the public law that creates the framework for the proper management of hazardous and
non-hazardous solid waste. The law describes the waste management program mandated by
Congress that gave EPA authority to develop the RCRA program. The term "RCRA" is often
used interchangeably to refer to the law, regulations, and EPA policy and guidance.
11.3.1 How does RCRA work?
RCRA establishes the framework for a national system of solid waste control. Subtitle D of the
Act is dedicated to non-hazardous solid waste requirements, and Subtitle C focuses on hazardous
solid waste. Solid waste includes solids, liquids and contained gases and must be discarded to be
considered waste.
11.3.2 Opportunities for Public Participation
The general public plays a key role in RCRA by providing input and comments during almost
every stage of the program's development and implementation through rulemaking participation
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and comments on treatment, storage and disposal facility permits. (Resources on Public
Participation and the Hazardous Waste Permitting Process.)
States play the lead role in implementing non-hazardous waste programs under Subtitle D. EPA
has developed regulations to set minimum national technical standards for how disposal facilities
should be designed and operated. States can also take the lead role in implementing the
hazardous waste program through the state authorization process. State authorization is a
rulemaking process whereby EPA delegates the primary responsibility of implementing the
RCRA hazardous waste program to individual states. This process ensures national consistency
and minimum standards while providing flexibility to states in implementing rules, which can be
more stringent than the federal program. States issue permits to ensure compliance with EPA and
state regulations.
The regulated community is a large, diverse group that must understand and comply with RCRA
regulations. These groups can include hazardous waste generators, government agencies and
small businesses, and gas stations with underground petroleum tanks.
11.3.3 Subtitle C—Hazardous Waste
Hazardous waste is regulated under Subtitle C of RCRA. EPA has developed a comprehensive
program to ensure that hazardous waste is managed safely from the moment it is generated to its
final disposal (cradle-to-grave). Subtitle C regulations set criteria for hazardous waste generators;
transporters; and treatment, storage and disposal facilities. This includes permitting
requirements, enforcement, and corrective action or cleanup.
11.3.4 What Is a Hazardous Waste?
The hazardous waste management program uses the term "solid waste" to denote something that
is a waste. EPA developed hazardous waste regulations that define in more detail what materials
are solid waste for the purposes of RCRA Subtitle C (hazardous waste) regulation.
Simply defined, a hazardous waste is a waste with properties that make it dangerous or capable
of having a harmful effect on human health or the environment. Hazardous waste is generated
from many sources, ranging from industrial manufacturing process wastes to batteries, and may
come in many forms, including liquids, solids, compressed gases and sludges.
EPA developed a regulatory definition and process that identifies specific substances known to
be hazardous and provides objective criteria for including other materials in the regulated
hazardous waste universe. This identification process can be very complex, so EPA encourages
generators of wastes to approach the issue using the series of questions described below:
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Figure 27. The hazardous waste identification process.
In order for a material to be classified as a hazardous waste, it must first be a solid waste.
Therefore, the first step in the hazardous waste identification process is determining if a material
is a solid waste.
The second step in this process examines whether or not the waste is specifically excluded from
regulation as a solid or hazardous waste.
Once a generator determines that their waste meets the definition of a solid waste, they
investigate whether or not the waste is a listed or characteristic hazardous waste. Finally, it is
important to note that some facilities have petitioned EPA to delist their wastes from RCRA
Subtitle C regulation. You can research the facilities that successfully petitioned EPA for a
delisting in Appendix IX of Title 40 of the Code of Federal Regulations part 261.
11.3,5 EPA's Cradle-to-Grave Hazardous Waste Management Program
State regulatory requirements for generators may be more stringent than those in the federal
program. Be sure to check your state's policies.
RCRA set up a framework for the proper management of hazardous waste. From this authority,
EPA established a comprehensive regulatory program to ensure that hazardous waste is managed
safely from "cradle to grave," meaning from the time it is created; while it is transported, treated
and stored; and until disposal.
11.3.5.1 Hazardous Waste Generation
Under RCRA, hazardous waste generators are the first link in the hazardous waste management
system. All generators must determine if their waste is hazardous and must oversee the ultimate
fate of the waste. Furthermore, generators must ensure and fully document that the hazardous
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waste they produce is properly identified, managed, and treated prior to recycling or disposal.
The degree of regulation that applies to each generator depends on the amount of waste that a
generator produces.
EPA provides detailed online information about the regulations applicable to generators of
hazardous wastes.
11.3.5.2 Hazardous Waste Transportation
After generators produce a hazardous waste, transporters may move the waste to a facility that
can recycle, treat, store or dispose of the waste. Since such transporters are moving regulated
wastes on public roads, highways, rails and waterways, United States Department of
Transportation hazardous materials regulations, as well as EPA's hazardous waste regulations,
apply.
For more information on requirements pertaining to this issue, visit EPA's webpage on
hazardous waste transportation.
11.3.5.3 Hazardous Waste Recycling, Treatment, Storage and Disposal
To the extent possible, EPA tried to develop hazardous waste regulations that balance the
conservation of resources, while ensuring the protection of human health and environment. Many
hazardous wastes can be recycled safely and effectively, while other wastes will be treated and
disposed of in landfills or incinerators.
Recycling hazardous waste has a variety of benefits, including reducing the consumption of raw
materials and the volume of waste materials that must be treated and disposed. However,
improper storage of those materials might cause spills, leaks, fires, and contamination of soil and
drinking water. To encourage hazardous waste recycling while protecting health and the
environment, EPA developed regulations to ensure recycling would be performed in a safe
manner.
Treatment Storage and Disposal Facilities (TSDFs) provide temporary storage and final
treatment or disposal for hazardous wastes. Since they manage large volumes of waste and
conduct activities that may present a higher degree of risk, TSDFs are stringently regulated. The
TSDF requirements establish generic facility management standards, specific provisions
governing hazardous waste management units, and additional precautions designed to protect
soil, ground water and air resources.
Comprehensive information on the final steps in EPA's hazardous waste management program is
available online, including webpages and resources related to:
• Hazardous waste recycling.
• Regulations that apply to treatment, storage and disposal facilities.
• Descriptions of land disposal restrictions.
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Summary of EPCRA Regulations and Stakeholder
Responsibilities
The two charts below summarize EPCRA regulations and each stakeholder's responsibilities.
Section 302
Section 304
Section 311
Section 312
Section 313
Description
Emergency
Planning
Notification
Emergency
Release
notification
MSDSs or Lists
of Hazardous
Chemicals
identifying their
hazards
Tier I and/or Tier
II (Annual
reporting of
hazardous
chemical
inventory)
Toxic Chemical
Release
Inventory
Chemicals
Covered
355 extremely
hazardous
substances
(EHSs)
>1,000
substances
Approximately
800,000
hazardous
chemicals/
products/
mixtures
Approximately
800,000
hazardous
chemicals/
products/
mixtures
>800 toxic
chemicals and
categories
Applicable
Chemicals and
Quantities
EHSs at or above
their threshold
planning quantity
(TPQ)
Releases of any
EHSs and
CERCLA
hazardous
substances at or
above their
reportable
quantity
500 pounds or the
TPQ, whichever
is lower, for
EHSs; 10,000
pounds for all
other hazardous
chemicals except
gasoline (75,000
gallons) and
diesel (100,000
gallons) at retail
gas stations
500 pounds or the
TPQ, whichever
is lower, for
EHSs; 10,000
pounds for all
other hazardous
chemicals except
gasoline (75,000
gallons) and
diesel (100,000
gallons) at retail
gas stations
25,000 pounds
manufactured or
processed in a
year; 10,000
pounds otherwise
used in a year;
chemicals of
special concern
have lower
thresholds
How to Notify
and When
Within 60 days of
acquiring any
EHSs on site
Immediately by
phone; follow-up
report as soon as
practicable (30
days or less)
MSDS or list of
chemicals within
three months on
site
Tier II or State-
equivalent
inventory report
annually by
March 1
Annually by July
1
Whom to Notify
SERC or TERC
and LEPC or
TEPC
SERC or TERC
and LEPC or
TEPC or any
notification
system
established by the
state or local
agency*
SERC or TERC,
LEPC or TEPC,
and fire
department with
jurisdiction over
facility
SERC or TERC,
LEPC or TEPC,
and fire
department with
jurisdiction over
facility
EPA and state or
tribe
CERCLA requires reporting to the National Response Center (NRC) for these releases.
Figure 28. Summary of EPCRA provisions, chemicals covered, reporting thresholds and deadlines
under EPCRA.
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FACILITIES
LEPCs and TEPCs
SERCs and TERCs
Report all EHSs on site
to SERC (or TERC), LEPC
(or TEPC) for emergency
planning purposes
Notify of releases and
submit follow up
written reports to SERC
(or TERC) and LEPC (or
TEPC)
Report all OSHA
hazardous chemicals
including EHSs on site to
SERC (or TERC), LEPC (or
TEPC) and local fire
department
Submit Toxic Chemical
Release Inventory (Form
R, Form A, Schedule 1)
to state (or tribe) and
EPA
Develop and/or update
emergency response
plan (ERP); conduct ERP
exercises
Discuss ERP with citizens
in the community
Manage information
submitted by facilities
on OSHA hazardous
chemicals including
EHSs
Set up procedures and
processes for receiving
and processing requests
from the public
Provide information to
the public
Review ERPs
Supervise and
coordinate activities of
LEPCs and TEPCs
Set up procedures and
processes for receiving
and processing requests
from the public
Manage information on
OSHA hazardous
chemicals including
EHSs
Figure 29. Stakeholder responsibilities under EPCRA.
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PART II
Guidance and Resources for Implementing EPCRA
A
/
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Part II of this document provides suggestions for LEPCs and TEPCs to implement EPCRA
requirements, as well as guidance and resources available for planning and response. In addition,
this part provides reference to planning documents and other federal regulations or requirements
that LEPCs and TEPCs may have to comply with in addition to the EPCRA requirements
discussed in Part I of this document.
LEPCs and TEPCs are encouraged to check with their state or tribal agency for guidance on any
specific requirements for planning for chemical emergencies and other hazards.
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Chapter 12. Organizational Structure of LEPCs and
EPCRA was created to ensure that people have access to information about hazardous chemicals
that are present in their communities. Understanding the potential risks from these chemicals
can help communities prepare for accidental releases. LEPCs and TEPCs play a crucial role in
protecting their community. Therefore, the law places major responsibilities on these entities.
The LEPC and TEPC are also the designated entities the public turns to in the case of a
significant chemical accident to answer any questions concerning a response and to address any
issues associated with the response. This chapter outlines the organizational structure necessary
to ensure LEPCs and TEPCs are set up to meet their responsibilities.
As stated in Part I of this document, EPCRA created LEPCs and TEPCs to be the repository of
chemical hazard information in communities. In creating LEPCs and TEPCs, the statute
effectively creates a space for pre-planning—taking into consideration these concepts that
require coordination with local expertise, collaboration among LEPC or TEPC members and
community stakeholders, continuous assessment, and cohesion to allocate and mobilize resources
during an emergency. The more LEPC and TEPC members understand the roles and
responsibilities ascribed under EPCRA, the better for the community it serves to protect from
potential chemical hazards.
EPCRA only addresses chemical hazards. LEPCs and TEPCs should consult their state or tribal
leaders on specific requirements to prepare for all hazards, including chemical hazards and
others.
TEPCs
i
~
Figure 30. Underlying philosophy of LEPCs and TEPCs.
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As discussed in Chapter 3 of this
document, EPCRA Section 303
requires that LEPCs and TEPCs
prepare and protect the community by
developing an emergency response
plan. LEPCs and TEPCs deal with
topics such as identifying in advance
the roles of the different response
entities during a response; assisting with arranging the appropriate training, equipment, and
drills; educating the public; and many other pieces of the emergency planning puzzle.
12.1 LEPC and TEPC Organization
As stated under Section 301 of EPCRA, at a minimum, the LEPC and TEPC shall include
representatives from the following groups or organizations shown in Figure 31. A single member
may represent more than one of the listed groups or organizations. Similarly, a group may be
represented by more than one member. Ideally, members should be interested in emergency
planning and preparedness programs and community right-to-know activities. EPA is aware that
in small planning districts, LEPC or TEPC organizations may not be able to have a
representative from every organization listed below.
What does it mean to be an LEPC or TEPC Member?
As an LEPC or TEPC member, you are part of a
broad-based collaborative effort to prepare the
planning district to respond to emergencies and
incidents involving hazardous chemicals as well as
any other hazard or emergency in the local area.
Elected State or
Local Officials
•Provide
personnel and
resources to
respond to a
chemical release
or incident.
•May include
municipality
representatives
or county judges.
Local Emergency
and Health
Personnel
•Law
enforcement,
emergency
management
personnel,
firefighters,
emergency
medical
personnel, health
officials, local
environmental
groups, hospital
personnel,
transportation
personnel.
Broadcast and/or
Print and Internet
Media
•Responsible for
notifying the
public of a
release.
Community and
Citizen Groups
•Community
groups, including
but not limited
to environmental
groups and
advocates who
can raise issues
and effectively
represent public
concerns about
chemical risks
and hazards.
Owners and
Operators of
Covered Facilities
•Are necessary to
ensure effective
response to a
chemical release
or incident.
•Provide expertise
on chemical
processes and
emergency plans
on site at the
facility.
Figure 31. LEPC and TEPC membership.
Remember, every facility that has an EHS at or above its TPQ has to designate a facility
emergency coordinator who will participate in the emergency planning process. Be sure to reach
out to facilities in your district to request them to join your organization. They have the technical
expertise on the chemicals they handle and how to respond to any incidents.
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12.2 Diversity in Membership Is Essential to Successful Pre-Planning
The diversity of stakeholders provides a comprehensive understanding of the chemical hazards in
a community and enables response planning to include all relevant local expertise. The diversity
in LEPC or TEPC membership also enhances the planning effort by adding to the depth of the
LEPC or TEPC effort and increasing the ability to adequately plan for a variety of different types
of chemical releases and catastrophic incidents. Members who do not have a background in
hazardous chemicals are encouraged to attend an emergency response or hazard awareness
course.
To prepare communities for existing and new hazards, LEPC and TEPC members should answer
the following questions:
• What are the goals of the LEPC or TEPC this year?
• Do certain topics require much discussion/research?
• Is it necessary to establish subcommittees?
o If so, are there enough people, expertise and leadership among LEPC or TEPC members
to maintain subcommittees?
12.2.1 Maintain Committee Representation
LEPCs and TEPCs should work with each political subdivision in the local emergency planning
district to maintain committee representation and membership that satisfies statutory
requirements (see EPCRA Section 301(c), discussed in Chapter 1) and maximizes the expertise
on the LEPC and TEPC organization. Membership vacancies may be advertised in public
gathering places (e.g., municipal buildings, library, church, etc.).
12.3 Role as an LEPC or TEPC Member
The level of engagement of LEPC or TEPC members determines the success of an LEPC or
TEPC. EPCRA Section 301 provides that LEPC and TEPC organizations should appoint a
chairperson, as well as establishing rules for how the organization should function and a process
for providing information to the public, etc.
In addition, LEPCs and TEPCs should organize subcommittees and assign members to manage
various functions. Members may serve on a subcommittee to help coordinate emergency
planning activities that are consistent with their expertise. For example, a hospital official may
serve on a subcommittee with fire department and county officials who review notification
procedures for emergency rooms for chemical accidents.
The effectiveness of an LEPC or TEPC is dependent on its members and the commitment they
bring to providing the comprehensive planning and response.
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Figure 32. LEPC or TEPC organization structure.
12.4 Appointments
12.4.1 Chair and Vice-Chair of LEPC and TEPC
As stated in EPCRA Section 301, the LEPC and TEPC organizations shall appoint a chairperson.
In addition, they may also appoint a vice chairperson and other officers. A term of office should
be set but may vary in length according to the needs of each LEPC or TEPC. The chairperson
can be any LEPC or TEPC member.
Some LEPCs have chosen political leaders, while others have selected chairs from emergency
management, environmental groups, industry or civic organizations.
• Important factors to consider are the leader's availability, credibility, management skills,
commitment to the program, and respect from other LEPC or TEPC members and the
community.
The LEPC or TEPC chairperson should ensure that an emergency response plan is developed for
the planning district. The chairperson may request vice-chair to be responsible for the
subcommittees and ensure these committees meet their responsibilities.
The LEPC or TEPC chairperson and vice chairperson should be well informed of the federal
EPCRA statute and regulations, as well as the state EPCRA program. EPA encourages these
officials to be also aware of any revisions to the statute and regulations that may occur
periodically. One important function of these officials would be to inform other LEPC or TEPC
members of any new statutory and regulatory requirements to ensure compliance.
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12.4.2 Information Coordinator
EPCRA Section 301(c) requires the LEPC or TEPC to appoint an information coordinator.
The information coordinator's job is to process requests from the public for certain information,
including, but not limited to, hazardous chemical inventory information submitted by facilities,
the community emergency response plan and the follow-up written report filed for chemical
emergency releases.
Figure 33. Information Coordinator's Responsibilities
12.4.3 Individuals with Expertise in Chemical Emergency Preparedness
Facility representatives have the technical expertise on the chemicals they handle. Industry trade
associations may assist you in bringing technical experts to join the LEPC or TEPC organization.
12.4.4 Other Positions
Positions not required by law, but which have proven useful are:
• Vice chairperson, to assist the chairperson in managing the LEPC or TEPC organization,
such as planning meetings; seeking resources to run the organization; and implementing the
statutory requirements, etc.
• Secretary or treasurer, to manage funding or other resources.
• Chairpersons of subcommittees, to oversee if subcommittee members are fulfilling their
responsibilities.
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12.5 Term Limits
LEPC or TEPC membership term limits are not specified in EPCRA. A term of three to five
years might be a good starting point. Terms of three to five years give new members time to
become accustomed to their roles before the term expires.
The SERC or TERC should maintain a listing of LEPC or TEPC members and the
subcommittees to which they belong. The LEPC and TEPC should keep their membership lists
current, and SERCs or TERCs should be made aware of all membership changes.
12.6 Subcommittees
Establishing subcommittees allows for dividing the duties of LEPCs and TEPCs to facilitate
planning and data management. Subcommittees create groups for members to specialize and
enhance the effectiveness of the emergency planning and response process and allow LEPCs and
TEPCs to advance several projects at once. Subcommittees may be formed and disbanded as
occasions arise to accomplish initial and ongoing tasks. The number and type of subcommittees
depends on the needs of the LEPC or TEPC and its members.
Chairpersons and vice chairpersons may serve as the head of the subcommittees. Each
subcommittee may also elect one person to lead the group, or subcommittee chairpersons. These
subcommittee chairpersons may sit on an executive committee with the LEPC or TEPC
chairperson and vice chairperson.
In determining the type and number of subcommittees to establish, the LEPC or TEPC should
examine current LEPC or TEPC status, future expectations and annual goals. Subcommittee
membership is not limited to LEPC or TEPC members. The LEPC or TEPC is encouraged to
invite persons from various sectors of the jurisdiction for input and expertise.
The LEPC and TEPC may appoint subcommittees for the following:
• Gathering and reviewing existing community and facility emergency plans annually.
• Coordinating emergency response capabilities of LEPC member organizations.
• Checking existing response equipment in the community.
• Identifying financial resources.
• Coordinating with other LEPCs and the SERC.
• Conducting hazards analysis.
• Managing and providing information for citizens.
• Managing information provided by facilities.
• Promoting public awareness of EPCRA and community chemical hazards.
• Coordinating with media to inform the public of any emergencies.
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12.6.1 Subcommittee Structure
To ensure that work progresses effectively, subcommittees should also establish a micro-
governance structure where each subcommittee member is assigned a role. Subcommittees
should:
• Appoint a chairperson.
• Assign roles to subcommittee members. Roles include:
o Note taker,
o Presenter,
o Discussion facilitator.
o Manager of committee tasks and action status.
12.6.2 Standard Topics Addressed by Subcommittees
1. Conducting annual review of existing community plans.
2. Coordinating emergency response capabilities of LEPC or TEPC member organizations,
o Checking existing response equipment in the community.
o Coordinating with other LEPCs/TEPCs and the SERC/TERC.
o Requesting local facilities to donate emergency response equipment or assist in response.
3. Public information.
o Managing and providing information to community members.
o Promoting public awareness of potential chemical hazards in the community.
o Educating the community on the emergency response plan (e.g., radio/tv notification for
shelter-in-place, evacuation, etc.).
4. Identifying financial resources (e.g., state and federal grants).
5. Emergency pianning.
o Conducting hazard analysis:
Developing and assisting in the revision of the emergency response plan for chemical
accidents required under EPCRA Section 303. {Note: Some states may have an all-
hazards plan, and an EPCRA 303 plan may be a part of it).
Establishing a vulnerability zone determination methodology.
6. Training and exercises.
o Conducting training needs assessments.
o Requesting training grants to provide necessary training for first responders.
o Coordinating training programs,
o Establishing an exercise schedule.
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o Requesting training assistance from facilities in the community.
7. Public information management.
o Writing and publishing public notices,
o Establishing an information retrieval system.
o Performing community outreach to inform the public of emergency plans.
12.6.3Additional Subcommittees
An LEPC or TEPC may create additional subcommittees to respond to and expand the
needs/ideas generated from the current LEPC or TEPC membership. Some examples include:
An executive subcommittee, whose responsibilities may include:
• Appointing chairpersons for each subcommittee.
• Developing LEPC or TEPC long-term goals.
• Tending to LEPC or TEPC member needs.
• Reviewing LEPC or TEPC membership terms and soliciting volunteers to fill vacancies.
• Being familiar with state, local, and federal laws that impact the hazardous chemical
planning process.
• Developing a work plan with timetables for the other subcommittees.
The executive subcommittee should also work with other subcommittees to develop by-laws on
how the LEPC or TEPC should function; determine term limits for each of the LEPC or TEPC
members; determine how often the organization should meet; etc.
A resource development subcommittee, whose responsibilities may include:
• Researching the community's resources for emergency response (e.g., various types of
equipment, facilities, and expertise available).
• Identifying alternative resources upon which the community may draw in time of emergency
or disaster.
• Updating the local resource inventory.
• Identifying other volunteer or in-kind assistance contributions (e.g., private sources such as
local business/industry, non-profit agencies, etc.), which may be used for various types of
responses.
An emergency response subcommittee, whose responsibilities may include:
• Developing emergency response procedures for local government personnel that may be
utilized in hazardous chemical responses.
• Establishing local incident command system (ICS) procedures to strengthen and coordinate
local government emergency response.
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A finance subcommittee, whose responsibilities may include:
• Managing the LEPC or TEPC budget.
• Examining and recommending the use of funds.
A business/industry outreach subcommittee, whose responsibilities may include:
• Developing initiatives that will encourage active participation by all facilities that handle
hazardous chemicals in each community.
• Updating reports on subcommittee meetings that can be made at the regularly scheduled
LEPC or TEPC meetings.
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Chapter 13. Duties of LEPCs and TEPCs
In addition to fulfilling responsibilities mandated by EPCRA for protecting the community from
chemical emergencies discussed in Part I of this document, LEPCs and TEPCs have other duties
to ensure proper functioning and maintain a healthy organization.
13.1 Adopt Rules of Operation (By-Laws)
Each LEPC and TEPC is required by law (see Chapter 1 of this document) to appoint a chair and
establish rules by which the committee shall function, including provisions for public
notification of committee activities, holding public meetings to discuss the emergency plan,
addressing responses to public comments, distributing the emergency plan and designating an
official to serve as coordinator for information.
In establishing rules of operation, each LEPC and TEPC should consider how it will perform its
required duties. LEPCs and TEPCs may reach out to their SERC or TERC to assist them in
developing rules of operation (by-laws). See Appendix E for sample LEPC by-laws.
The by-laws should include the following minimum provisions:
• Public notification of committee activities.
• Public meetings to discuss the emergency plan.
• Distribution of the emergency plan.
• Election of officers for the LEPC or TEPC organization.
Additional information that may be contained in the LEPC or TEPC by-laws includes:
• Changes to procedures for emergency response plan.
• Identification of covered facilities.
• Letter to covered facilities.
13.2 All-Hazards Emergency Planning
Your state, tribal or local agencies or other federal agencies may require you to develop an all-
hazards plan. If so, LEPCs and TEPCs may fold emergency response plans for chemical
emergencies required under EPCRA Section 303 into the county /local planning district's all-
hazard plan. To accomplish this task, the LEPC and TEPC should work cooperatively with the
political subdivisions in the planning district. The decision for an LEPC and TEPC to plan for all
hazards must be made with cooperation and support of the local political subdivisions.
Many procedures for warning, evacuation, communications, etc., may be similar to procedures
used for the EPCRA Section 303 plan. Though states, tribal or local agencies may require LEPCs
or TEPCs to develop an all-hazards plan, at a minimum, that plan should include all nine
elements required under EPCRA Section 303 {See Chapter 5).
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Chapter 24 discusses compliance requirements for all-hazard planning under FEMA's National
Incident Management System (NIMS). Local governments are eligible for FEMA grants if
certain criteria are met. Discussions on NIMS training and grants are provided in Chapter 22.
13.3 Make Recommendations to Municipal and State Agencies
LEPCs and TEPCs should—to the extent considered advisable by the committee—make
recommendations to political subdivisions, representatives of inter-jurisdictional disaster
planning and service areas, and state agencies about the preparation of local, state and inter-
jurisdictional plans.
13.4 Serve as Advisory Committee to Political Subdivisions
Each LEPC and TEPC should serve as an advisory committee to the political subdivisions within
the emergency planning district or the inter-jurisdictional planning and service area with respect
to emergency planning, training and response.
13.5 Meetings
While LEPCs and TEPCs are required to review the emergency response plan at least annually,
the frequency of LEPC or TEPC meetings is not mandated. Regularly scheduled meetings that
address diverse issues and work toward progress on key concerns are essential to maintaining a
strong LEPC or TEPC.
LEPCs and TEPCs may consider determining their meeting schedule based on the population in
their local planning district. See suggestions in Figure 334for scheduling meetings based on
population size in your community.
Frequency of LEPC/TEPC
Meetings per Year
Population Size
1 meeting
<1,000 or less
2 meetings
1,000-10,000
4 quarterly meetings
10,000-100,000
Monthly/bimonthly
>100,000
Figure 33. Suggested frequency of LEPC and TEPC meetings.
You may also meet more frequently than monthly or quarterly, based on the needs of your
community or changes that occur in your community (e.g., new facilities come into existence in
your planning district, new EHSs or other hazardous chemicals are present at a facility, etc.).
Regular meetings are essential to:
• Address changes in the community (e.g., a new facility that handles hazardous chemicals
began operation).
• Update key phone numbers and contact information of LEPC or TEPC members.
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• Ensure that LEPCs or TEPCs are active in their community to review emergency response
plans; review hazardous chemical information reported by facilities in the planning district;
review and/or update emergency response plans as necessary; etc.
Below, Figure 345 provides some suggestions for pre-planning and conducting an effective and
efficient LEPC or TEPC meeting.
Figure 34. Effective LEPC (or TEPC) meeting strategies.
13.6 Maintenance of Records
At a minimum, LEPCs and TEPCs should maintain the following:
• Copy of local emergency response plan (all-hazard or hazard-specific).
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MSDSs or SDSs.
• Follow-up chemical spill release reports.
• Records of committee meetings.
• Membership list.
• Tier II reports for covered facilities.
Though not mandated by federal EPCRA law, retention of records by the LEPC and TEPC may
be subject to state or tribal record retention rules. The local city or county attorney may advise
LEPCs or TEPCs on record retention requirements. States or tribes may have recordkeeping
requirements under the state or tribal EPCRA program.
LEPCs and TEPCs should also accomplish the following administrative activities, annually or
more frequently, as necessary:
• Review and update local emergency response plan and conduct emergency response plan
exercises (e.g., table-top, simulation, etc.). This may also include reviewing Tier II forms
submitted by facilities annually, including extremely hazardous substances (EHSs), for which
an emergency response plan is required.
• Publish location and hours of operation where information may be reviewed by the public in
accordance with EPCRA Sections 301 and 324 (see Chapter 1&8). LEPCs and TEPCs may
use both broadcast and print media for this or post notices in local libraries or other public
gathering places.
Other activities that are not required, but are recommended to be done annually, include:
• Training review: What training was accomplished during the year? What needs to be done
next year?
• Outreach review: Were the LEPC or TEPC activities advertised to the community through
events and other avenues?
• Financial review: Have all funds that the LEPC or TEPC received through grants, fees,
donations, etc., been expended? If not, how can leftover funds be used? What is needed for
next year or future years?
• Membership review: Are there changes needed in the membership, such as fewer or more
members? Does anyone have a conflict that will prevent them from fulfilling their
responsibilities for the coming year? Should new members be nominated?
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Chapter 14. How to Maintain a Healthy and Active
LEPC and TEPC Organization
This chapter provides suggestions to maintain a healthy LEPC (or TEPC) organization and keep
it active.
14.1 Maintaining a Healthy LEPC and TEPC
To maintain a healthy and successful LEPC and TEPC, the following strategies are effective:
• Have clearly defined goals.
• Train members on the requirements established in EPCRA legislation and know what is
expected of them.
• Appoint and retain the right people so as to achieve a broad-based membership not
dominated by the interests of one segment.
• Maintain engagement so that members:
o Feel useful and believe they are helping the community,
o Are given tasks according to interests and expertise,
o Have been given challenging tasks,
o Are recognized for their contributions,
o Have a chance to develop their own skills.
• Be purpose-driven and have executive-level buy-in and support.
• Maintain a relationship with the state (or tribal) agencies responsible for the EPCRA
program.
• Conduct meetings, which are scheduled at regular, convenient times.
• Adhere to the meeting agenda and be concerned with common interests.
• Demonstrate effective and strong leadership with a commitment of resources (e.g., staff,
funding).
14.1.1 Regional LEPCs and TEPCs
In some areas, it may make sense for LEPCs and TEPCs to be more focused on local issues. For
example, in Colorado, the Southwest Regional Emergency Planning Committee encompasses
Archuleta, Dolores, La Plata, Montezuma and San Juan counties and the Ute and Southern Ute
Tribes. These areas share common interests and issues, and combining their geographic focus
helps ensure coverage across the region. Additionally, regular meetings solidify mutual aid
agreements and keep all parties in the loop on ongoing concerns.
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Peer Exchanges
Exchanging information in a structured way between LEPCs and TEPCs can provide invaluable
insight and new ideas. Consider hosting an event with LEPCs or TEPCs in your surrounding area
to discuss common problems and successes across your LEPC network.
Case Study: Utah LEPC Peer Exchange
Weber County, Utah, along with Davis County, sponsors an annual LEPC Peer Exchange. The
LEPCs meet to learn more about each other's activities, regulations, chemical concerns,
emergency planning and other topics. It is a communal time for the members of the LEPCs to
share ideas amongst themselves. It is well attended each year, with upwards of 100 attendees. It
has recently expanded to six counties and became a northern Utah conference.
14.2 Ideas to Help Keep Committees Active
The following provides some suggestions to help keep LEPCs and TEPCs active.
• LEPC and TEPC Meetings. One of the best ways to ensure LEPC or TEPC success is
simply to meet regularly to discuss the emergency response plan and any changes occurring
in the community that may affect the plan. Having a set date, meeting agenda and recurrence
helps people plan to attend. Also, ensure you invite all the stakeholders you want to attend,
including local facilities. You should also inform and invite your SERC or TERC and
state/local elected officials to your meetings.
• Conduct Annual Meeting to Review the Plan. Provide an opportunity for each
subcommittee in the LEPC or TEPC organization to review their roles and missions during a
response, as detailed by the plan. This agenda item allows the committee to meet one of the
EPCRA mandates (annual review of the plan).
• Conduct Outreach with Facilities in Your Planning District Near the Tier II Report
Deadline. It is possible that some facilities in your community are not aware of EPCRA
reporting requirements. You may use the EPCRA factsheet and the quick guide EPA
developed to explain EPCRA and the facilities' reporting obligations:
https://www.epa.gov/epcra/epcra-fact-sheets.
o Additionally, you may utilize this meeting to provide assistance to facilities in
completing Tier II forms. This process helps the LEPC and TEPC) receive accurate Tier
II forms, and more importantly, it serves as a reminder to smaller industries that Tier II
forms are due.
o Other suggestions for outreach are provided below in section 14.3 of this chapter.
• Invite Guest Speakers to Address Topics of Interest. Topics that may be of interest to all
members are cost recovery, district HazMat team response considerations, industry safety
programs, and cleanup contractor considerations. Governmental agencies such as the State
Division of Emergency Management, HazMat Team representatives, EPA, local industry,
and cleanup contractor representatives may be willing to present on their program(s).
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• Conduct an After-Action Meeting for Incident Response. Conducting a review of a local
response to identify best practices—as well as lessons learned—is a unique opportunity to
incorporate changes to the emergency response plan.
• Conduct a Facility Process Review. The review can serve as an awareness tool for the
responder community. Having an industry explain how and why they use hazardous
substances can be a beneficial means of improving awareness of the specific facility and the
hazardous substances used. It also familiarizes the responders with where the various
hazardous substances are used or stored.
• Conduct a Review of any New Regulation or Law. Reviewing new laws or regulations
recently enacted by EPA and other federal agencies or governing standard organization, such
as the National Fire Protection Association (NFPA), that impacts the LEPC and TEPC,
allows members to keep current.
• Conduct a Review of Available Software. There are many software programs that are
available to industry or the emergency response community to help with topics associated
with committee activities. CAMEO and Tier2 Submit software are all public domain
programs that can provide assistance to response agencies and the LEPC (see 16.27).
• Facility-hosted Meetings/Conduct Tour of Facilities within the Jurisdiction. A great way
to get local industry involved in your LEPC or TEPC is to invite them to host meetings and
conduct facility tours. Citizens in your community get access to the facility and facility
emergency coordinator to continue conversations about preparedness, as well as getting a
sense of the activities at the facilities.
o Touring a regulated facility in the county is an effective way to connect the private and
public sectors. It allows LEPC and TEPC) members to become more familiar with the
hazardous chemicals within their jurisdiction.
• Conduct Table-Top Exercises. LEPC and TEPC meetings are the ideal time to discuss
potential disaster scenarios and identify how each agency would coordinate with one another
and respond to the disaster. By making the scenarios realistic, the input provided by the
LEPC or TEPC members can be incorporated into the emergency response plan. Table-top
exercises provide an opportunity to identify where additional planning is required. The most
effective exercise scenarios are those that are inclusive of all the LEPC or TEPC members
and the organizations they represent.
14.3 Other Suggestions for Outreach to Facilities in Your Planning District
14.3.1 Chemical Safety Workshops
One way to reach out to industry and the local community is to conduct workshops on various
topics. You can invite your federal, state, and local regulators to discuss relevant regulations and
current events, as well as having industry on the agenda to discuss planning and strategy. This
can be a great venue to publicize your LEPC or TEPC and explore partnerships with
organizations that you have not worked with before.
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Case Study: South Dakota Chemical Safety Workshops
The issuance of Executive Order 13650, Improving Chemical Facility Safety and Security,
created an Interagency Working Group co-chaired by EPA, DHS and OSHA. The Working
Group met at the HQ-level, as well as separately at the regional-level. Within Region 8, the
working group met regularly to discuss implementation and coordination activities, which
included working with the regional state programs on how to educate the regulated community
on best chemical safety practices.
Beginning in 2016, the South Dakota Department of Environment and Natural Resources, EPA,
OSHA, and DHS have annually conducted a weeklong series of Chemical Safety Industry
Workshops across South Dakota that reach hundreds of attendees across multiple locations and
offer industry a direct line of communication with federal partners. The sessions include ample
time for questions.
14.3.2 Trade Associations/Chambers of Commerce
Another way to reach out to industry is through their trade associations. You should contact
national or regional trade associations and request assistance to involve local facilities to join
your organization. You can also contact your local Chamber of Commerce, which should have
good information on businesses in your area that you may want to target.
14.3.3 Non-Profit Partnerships
Foundation and donation-funded organizations can be a great resource to partner with. They have
access to different funding sources and may be able to help you reach out to industry or local
partners in innovative ways.
Case Study: Colorado Emergency Preparedness Partnership
One example of this is the Colorado Emergency Preparedness Partnership, which provides a
platform for public, private and philanthropic organizations to work together on preparedness
issues in the state of Colorado. The partnership collaborates on projects and programs that
promote joint emergency planning and information sharing.
The partnership was created in 2008, just prior to the Democratic National Convention (DNC) in
Denver. Its purpose was to connect the public and private sector during this event to ensure that
the business community had situational awareness of planning efforts surrounding the DNC. It
was recognized that this public-private collaboration contributed to the success of the DNC and
was an important part of emergency preparedness planning efforts in Colorado.
Following the DNC, the partnership worked to provide the private sector with educational
briefings and workshops on emergency preparedness topics. It also provided an avenue for
government entities to interact with businesses and to gain a better understanding of the issues
the private sector faces with regard to preparedness.
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Over the past several years, the partnership has conducted programs in the Denver metro region,
Fort Collins, Brighton, Loveland, Colorado Springs and Grand Junction. You can find more
information at https://thecepp.org/index.html.
14.3.4 EPA Region 7 Newsletter
A newsletter, Energize Your LEPC, published by EPA Region 7 in collaboration with their
states, is provided in Appendix K.
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Chapter 15. EPCRA Program & Environmental
Justice
EPA defines environmental justice as "the fair treatment and meaningful involvement of all
people regardless of race, color, national origin, or income with respect to the development,
implementation and enforcement of environmental laws, regulations and policies."
Environmental justice is a major part of the agency's core mission of protecting human life and
the environment.
The EPCRA program was created to protect all communities from potential chemical accidents.
In communities nationwide, consequences from potential chemical accidents disproportionately
affect vulnerable and disadvantaged people living adjacent to the fence-line of these facilities.
Given these potential impacts, LEPCs and TEPCs should focus special attention on citizens
living and working near facilities that handle hazardous chemicals. Some of the areas in which
LEPCs and TEPCs are encouraged to account for vulnerable populations are as follows:
LEPCs and TEPCs are required to develop emergency response plans for chemical
hazards in their community. Chemical emergency plans required under EPCRA Section
303 includes methods for determining the occurrence of a release and the area or
population likely to be affected. In this document, see Chapter 3 for the list of nine
elements that must be included in the local emergency plan. Appendix N further explains
each of these elements.
Any hazard analysis conducted should consider the population, in terms of numbers,
density, and types of individuals (e.g., facility employees; residents; people in hospitals,
schools, nursing homes, prisons or day care centers, etc.) who could be within a
vulnerable zone. See Chapter 18, section 18.1.2, Vulnerability Analysis.
As stated in EPCRA section 301(c), LEPCs and TEPCs are required to establish rules on
how these committees should function, which includes notifying the public of committee
activities and holding public meetings to discuss the emergency plan.
As noted in Chapter 16, every citizen in the community, including low-income residents
and/or people of color should be invited to observe or participate in the local emergency
response plan exercises. You may need to explain the emergency action plan and how
the community will be notified of emergencies in multiple languages. The LEPC or
TEPC should consider providing real-time translation services to engage non-English
speaking members of the community during response plan exercises. Additionally, you
may develop a factsheet or a quick guide to explain the emergency action plan in multiple
languages depending on the diversity in your community.
In addition to meetings for planning and preparing the community, you should also hold
public meetings after an accident to explain the course of actions taken to respond to the
release and any environmental/health impacts. See Chapter 13, section 13.5 and
Appendices G, L, andMfor additional details.
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LEPCs and TEPCs should ensure that whatever notification system is used for notifying
the public of emergencies, it will reach all members of the community, especially
vulnerable individuals, such as those with special medical needs, the elderly, disabled
individuals, those with transportation limitations and those who have challenges with
technology. You should ensure that the emergency notification (i.e. to seek protection
from chemical releases, evacuation procedures, etc.) is timely enough to ensure
protection of the public. Depending on the composition of the community, the
notification to the public may have to be provided in multiple languages.
15.1 Communicating with your Community
Effective communication with the public can be an opportunity to develop robust emergency
response efforts in your LEPC area. Relationships thrive and trust is gained when you consider
the needs and challenges facing those potentially affected by accidents at your facility.
Local environmental groups, particularly those who are trusted by the vulnerable communities,
should be encouraged to join LEPC and TEPC organizations to get involved in planning for
chemical emergencies as well as be informed of potential risks of hazardous chemicals present
in facilities in the community. Such organizations include local advocacy groups, faith-based
organizations, academia, etc. As members of LEPCs and TEPCs, these citizen and
environmental group representatives would be able to assist in explaining potential risks or what
to do in case of emergency to the public that may have physical and mental disabilities, elderly,
low-income residents, people of color, those with transportation and digital challenges,
individuals who are not proficient in English, etc. Just as important, as members of LEPCs and
TEPCs, these citizen and environmental group representatives can aid committees in
understanding the concerns and needs of impacted communities.
15.2 Cultural and Linguistic Considerations for Effective Communication
Understanding and adapting to cultural sensitivities will help in this effort and allow you to
better coordinate with the community in which you operate. LEPCs and TEPCs should not only
assess and understand the varied needs related to culture and language, but also recognize how
other social disparities impact how well community members are able to participate in a
response and how their needs are considered. These disparities may include limited access to
transportation, healthcare, and the internet, as well as a lack of recognition of their stakeholder
status in response issues. In addition, community stakeholders often do not have the technical
understanding or assistance to effectively participate in environmental decisions that impact
their lives.
A few considerations for communicating with surrounding communities to ensure that all
community members are equitably informed include:
•S Demonstrate respect for different cultural customs, norms, and gender roles. It is
important to maintain honesty and integrity in the process and articulate goals,
expectations, and limitations.
•S Recognize the need to enhance the capacity of community members' understanding of
the information to be disseminated:
o Consider the readability of information before producing outreach materials
o Explain technical information in lay terms
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o Clearly present information in a way that avoids misunderstandings
•S Recognize community and indigenous knowledge
•S Conduct community forums in accessible locations and at times accessible for
community members
•S Leverage non-traditional engagement and communication methods (such as social
media) to engage members of the public in a participatory process. It is important to
remember that social media and technology, should enhance, but not take the place of
face-to-face engagement with community members
•S Provide both verbal and written information when necessary
•S LEPCs and TEPCs should ensure the availability of translation services to address
language barriers
o In some cases, students or faculty at local schools or universities may provide
volunteer translation services
•S Demonstrate respect for varied occupations and work schedules
•S Avoid use of slang, fast-paced speech, and long monologues.
When communicating potential chemical risks and to prepare the public for chemical
emergencies, LEPCs and TEPCs should consider these suggestions.
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Chapter 16. Effective Planning for Chemical
Emergencies
This chapter provides some suggestions on how to have an effective plan for chemical
emergencies. As mentioned in other parts of this document, your state (or tribe) may have
specific requirements to develop a plan for other hazards. You may include your chemical
emergency plan as part of your all-hazards plan or have a stand-alone plan for chemical
emergencies.
For the LEPC and TEPC emergency plan to be effective, a two-phased approach to planning
should be considered:
• The LEPC and TEPC should coordinate its planning with the existing county or area EOP or
emergency action guideline (EOP/EAG), if one exists. Of the required elements, those
common to all sites should be included in the EOP.
• The LEPC and TEPC should develop off-site procedures for each facility to address the
required elements that are unique to each site and work with the local emergency
management coordinator to make sure all the off-site community response plans developed
by the LEPC and TEPC are incorporated into the local jurisdiction's EOP.
o For example: A community has three RMP facilities. Each one of them has developed an
emergency response plan and is required to coordinate with local officials, including the
LEPC (or TEPC). RMP Facility # 1 has evacuation procedures for their own employees
directing them to go to certain areas outside the facility to gather for personnel
accounting purpose. RMP Facility # 2 has evacuation procedures for their own
employees directing all employees to go home and call back into a central number for
personnel accounting. RMP Facility # 3 has evacuation procedures for their own
employees directing all employees to stay on site but to go to a safe area, such as a well-
protected building.
o The LEPC and TEPC—working with the local emergency management agency—and fire
departments will probably need to address each of these facilities slightly differently
during coordination in advance of a response.
o Fire department personnel will also need to consider separate procedures for each facility
for search and rescue activities, as well as other response activities based on the facilities
each having different evacuation procedures.
16.1 LEPC and TEPC Tasks for Effective Planning
1. Develop a good working relationship with the local fire departments.
The local fire departments, who are part of the LEPC and TEPC) organization, may have
similar planning responsibilities under the state right-to-know programs or state
HAZWOPER regulations. They may already have collected significant information about
the hazards in the community. Also, fire departments are the first responders to arrive at a
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hazardous chemical incident and therefore must be involved in emergency response
planning.
2. Develop a good working relationship with local emergency management
coordinators.
Each county, and many larger cities and townships, have appointed local emergency
coordinators. A list of these coordinators may be available through the state emergency
management programs. The local coordinator is responsible for the development of the
local EOP/EAG, the document the LEPC (or TEPC) needs to build on in accomplishing
its planning responsibilities. As with the fire departments, the local coordinator has
already compiled significant information about the hazards in the community and its
response procedures.
Tribes that do not have a TERC/TEPC established may join neighboring LEPCs to learn
about their organization and maintain good relationships. Tribes may request assistance
from neighboring LEPCs to develop emergency response plans or to respond to
emergency situations. Tribes may also reach out to EPA Regional coordinators for
assistance with developing an emergency response plan or to be connected with
neighboring LEPCs.
3. Develop a good working relationship with the facility coordinators.
Under EPCRA Section 302, each facility for which planning is necessary is required to
name a facility coordinator and participate in the LEPC (or TEPC) planning process (see
Chapter 2). They are also required to inform the LEPC (or TEPC) of any changes
occurring at the facility and provide information in response to the LEPC (or TEPC)
requests as necessary for developing and implementing the plan. As mentioned in
Chapter 3, EPCRA Section 303 allows LEPCs and TEPCs to request any information to
develop or modify the plan from facilities that are subject to emergency planning
notification requirements as provided in EPCRA Section 302 (i.e. Facilities that have
EHSs on-site at or above their TPQs).
4. Research community response capabilities.
The LEPC and TEPC should become familiar with existing resources and expertise. This
should entail gathering information from the emergency coordinator, health department,
fire departments, industrial groups, hospitals, and EMS organizations and response teams.
The LEPC and TEPC needs to have a good background on local hazardous chemical
incident response capabilities before the development of procedures can take place. In
addition, the LEPC and TEPC should be informed on the response procedures of state
and federal agencies.
5. Review and update, if necessary, the community resource manual.
One of the elements listed in the law requires the LEPC and TEPC to identify resources
that can be used during a hazardous chemical response. The local emergency coordinator
is responsible for maintaining a comprehensive list of resources in the community. The
LEPC and TEPC should review this list and make suggestions for revision, as necessary,
based on the information it acquired in step 4 (above). EPCRA Section 303(b) requires
the LEPC and TEPC to evaluate the need for additional resources. Certain grants are
available from federal and state programs. The resource list should also contain resources
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that are not necessarily available in the community but may be needed during a response.
Once the LEPC and TEPC has reviewed the list, it must decide the best place to list
resources. It can simply reference the list itself if it feels the list adequately meets the
responders' needs. Alternatively, the LEPC and TEPC may choose to insert a specific list
in each site-specific procedure it develops.
6. Review and suggest revisions, if necessary, to the Emergency Operations
Plan/Emergency Action Guideline (EOP/EAG).
The local emergency coordinator should have developed a hazardous incident response
section within the community's EOP/EAG. The LEPC and TEPC should review and
suggest revisions as necessary based on the information it has collected in step 4 (above)
and develop the site-specific procedures based on the general policy found in the
EOP/EAG. It is the local emergency management coordinator's responsibility to keep the
EOP/EAG up to date.
7. Obtain a copy of the Section 302 list.
Section 302 requires that facilities with any EHSs above a certain threshold amount make
notification to the SERC or TERC and LEPC or TEPC within 60 days of acquiring the
substance on-site. All facilities, farms, private industry, and sites owned by public
agencies are subject to this requirement. It is these facilities for which the LEPC and
TEPC must develop an emergency response plan applicable to its community as required
under EPCRA Section 303. As discussed in Chapter 5 of this document, these facilities
also report EHSs annually on their Tier II forms and indicate if the facility is subject to
emergency planning.
8. Compile existing information about facilities.
The first thing the LEPC and TEPC should do when beginning to plan is acquire
information from fire departments. Each department may have already performed a
survey of each site in the community where chemicals are located. The LEPC and TEPC
should look at these surveys and sort out the Section 302 sites from them. They should
use this information for preliminary planning. The LEPC and TEPC will need additional
information, and it can develop its own survey form to send to facilities in the
community, as described in step 9 (below). The Section 302 sites are priority planning
sites for which LEPC and TEPC planning is required under the federal statute for
chemical emergencies.
9. Develop facility questionnaires.
Develop a form asking for the additional information needed. You may develop a form
for each specific group of facilities. As mentioned above, the LEPC and TEPC has the
authority under EPCRA Section 303 to request any information it feels it needs in
accomplishing its duties. (See Chapter 3, EPCRA Section 303(d).) An example of a
facility questionnaire is provided in Appendix H of this document.
The list of facilities that have EHSs can also be identified from the Tier II forms. As
discussed in Chapter 5 of this document, facilities are required to submit Tier II forms to
their SERC or TERC, LEPC or TEPC and the local fire department.
10. Conduct outreach with facilities in your community.
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Use the fire department surveys and other community information to identify other
facilities that may be subject to the reporting requirements. The LEPC and TEPC can
make direct contact with these facilities. A facility may be unaware of its reporting
requirements under Section 302 or the Section 312 annual reporting requirement. EPCRA
Section 312 provisions are discussed in Chapter 5.
11. Perform a vulnerability analysis for each facility.
Using the survey and other information, determine the worst-case incident scenario that
could occur at each of these facilities. Alternatively, using a worst-case scenario, the
LEPC and TEPC may want to modify its results based on the "most probable" incident.
You may also review RMPs submitted by facilities in your planning district under
Section 112(r) of the CAA, also known as the "Risk Management Program (RMP)," to
identify worse-case scenarios. The reporting criteria for EPCRA Section 302 and RMP
are slightly different; however, you may use the information from the RMP to identify
facilities that may pose significant hazards to the community if a release occurs. A
summary of the RMP regulations is provided in Chapter 11.
12. Rank the facilities.
Once a vulnerability analysis has been completed for each facility, the LEPC and TEPC
should study the results and rank the facilities, starting with the one that poses the
greatest risk to public health and safety. One facility should be identified as the first
facility for which an off-site site-specific procedure will be developed. Ideally, this
should be the facility that poses the greatest threat.
13. Collaborate with the relevant parties.
At a minimum, the fire chief of the jurisdiction in which the site is located, the facility
emergency coordinator, and the local emergency management coordinator should be
involved with the LEPC or TEPC in developing the site-specific procedure. These are the
primary response entities. They must have input into developing the plan since they will
be the ones who must use it. It is also recommended to hold a briefing with elected local
government officials (or the chief executive officer of the tribe) on the importance of
planning for chemical emergencies and to gain their support.
14. Divide up the work.
The LEPC and TEPC can write the emergency plan, appendices, and standard operating
procedures (SOPs) in a number of ways. It can divide into subcommittees and assign a
portion of the project to each subcommittee, or it can assign one person to write it with
review and revision privileges retained by the LEPC or TEPC. In any case, the intent of
the law is to have all parties who may be involved in the response participate in the
writing of the plan.
15. Coordinate with other jurisdictions.
The law requires procedures for coordinating with other jurisdictions when the
vulnerability zone overlaps jurisdictional boundaries. The LEPC (or TEPC) may need to
hold a joint meeting with neighboring LEPCs (or TEPCs) to work out issues of direction
and control, protective action orders, etc.
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16. Exercise the plan.
It is recommended that the LEPC and TEPC) hold an exercise after it has developed a
draft of the procedures or plan. Often problems with a plan do not become apparent until
its use is attempted. An exercise tests the plan and should be coordinated with the local
emergency manager. The plan should be part of an annual review and exercise. Every
citizen in the community, including low-income residents and/or people of color should
be invited to observe or participate in the local emergency response plan exercises. You
may need to explain the emergency action plan and how the community will be notified
of emergencies in multiple languages.
17. Get the plan signed.
Follow your state (or tribal) procedures on having the plan reviewed and approved.
Normally, the highest official of the county/parish or municipality will be the signatory to
the plan. However, several other persons also need to sign off on the plan (e.g., fire chief,
local fire department representative, other emergency responders such as police or
hospital staff). This signifies these persons have participated in the plan's development
and, more importantly, they agree with the procedures contained within it.
18. Incorporate comments.
The LEPC and TEPC should consider the comments as helpful tools for improving its
plan. It can incorporate changes to the plan. As provided in EPCRA Section 303(e) (see
legislative text provided in Chapter 3), the SERC or TERC is required to review the plan
and make recommendations to improve the plan and coordinate with neighboring LEPC's
or TEPC's plans.
19. Annually review and update the plan.
Section 303(a) of EPCRA requires the LEPC and TEPC to review its plans annually, or
more frequently if changes occur. It is recommended, at a minimum, the LEPC and
TEPC annually review the emergency plan. This should be done with the emergency
management coordinator, fire chief, and facility emergency coordinator. Suggested
changes can then be included in the EOP/EAG and/or the site-specific procedures.
20. Give public notice and hold a meeting.
The LEPC and TEPC must publish a notice stating the plan is available for review. It
must also hold a meeting to discuss the emergency plan with the community. You should
request assistance from facilities to explain the risks to the community. The LEPC and
TEPC should incorporate comments, if any, from these meetings into the plan.
16.2 Required Elements of a Chemical Emergency Plan Provided in EPCRA
Section 303
The following is a list of nine elements required under EPCRA Section 303(c) for chemical
emergencies. Contact your state (or tribe) for additional requirements. EPCRA also requires
LEPCs and TEPCs to submit the plan to your SERC or TERC to review the plan and coordinate
the plan with neighboring LEPCs or TEPCs. If any LEPC or TEPC has limited resources or
technical expertise, they may request to join the neighboring LEPC or TEPC.
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Element #1
Identify facilities and
transportation routes of
extremely hazardous
substances
Element #2
Describe emergency
response procedures, on
and off site
Element #3
Designate a community
coordinator and facility
coordinator(s) to implement
the plan
Element #4
Outline emergency
notification procedures
Element #5
Describe how to determine
the areas and populations
likely to be affected by scuh
release
Element #6
Describe local emergency
equipment and facilities and
the persons responsible for
them
Element #7
Outline evacuation plans
Element #8
Provide a training program
for emergency responders
(including schedules)
Element #9
Provide methods and
schedules for exercising
emergency response plans
Figure 35. Elements of an emergency response plan (Section 303).
16.2.1 Section 303(c)(1)
(1) Identification offacilities subject to the requirements of this subchapter that are within the
emergency planning district, identification of routes likely to be usedfor the transportation of
substances on the list of extremely hazardous substances referred to in section 302(a) of this
title, and identification of additional facilities contributing or subjected to additional risk due
to their proximity to facilities subject to the requirements of this subchapter, such as hospitals
or natural gas facilities.
This requirement is described below in greater detail.
Identification of Facilities That Have EHSs Within the Emergency Planning District
LEPCs and TEPCs should identify facilities that have EHSs from the notification received under
EPCRA Sections 302(c) and 312. These facilities should also include those that conduct
subsurface operations (mining), farms, federal facilities and any other facilities that may handle
EHSs above their TPQs. See Chapter 5 for details on information reported under EPCRA Section
312.
Using the authority provided in EPCRA Section 303(d)(3), LEPCs and TEPCs may request any
information from facilities subject to EPCRA Section 302, such as amounts and locations of all
EHSs and other hazardous chemicals present on site, and potential hazards. Some facilities may
have an emergency response plan prepared under other federal or state environmental
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regulations. LEPCs and TEPCs may request these facilities share their plan or help coordinate
the plan with the community emergency response plan.
The plan should also include vulnerable institutions or organizations (e.g., schools, daycare
centers, churches, hospitals and nursing homes) and sensitive natural resources that may be
affected by accidental chemical releases from facilities that handle EHSs or other hazardous
chemicals. LEPCs and TEPCs may use Computer-Aided Management of Emergency Operations
(CAMEO) and other tools discussed in Chapter 177 to assist in identifying affected populations
in the community.
Identification of Additional Facilities Contributing or Subjected to Additional Risk Due to
Their Proximity to Facilities Subject to the Requirements of Emergency Planning (e.g.,
Hospitals or Natural Gas Facilities)
Under the authority provided in EPCRA Section 302(b)(2), the governor of a state, SERC, or
TERC may designate additional facilities that should be included in the local emergency plan
due to the chemicals that are handled at these facilities or their proximity to vulnerable
institutions (schools, assisted living, etc.).
In addition to the facilities with EHSs, LEPCs and TEPCs should also consider facilities that
have other hazardous chemicals that may pose risks to the public. For instance, facilities subject
to the Risk Management Program under CAA Section 112(r) are required to submit an RMP to
EPA.
Facilities that are subject to EPCRA Section 302, Emergency Planning Notification, may also be
subject to CAA Section 112(r). The RMP filed by these facilities may have information useful to
LEPCs and TEPCs. LEPCs and TEPCs may request RMPs from EPA for facilities in their
emergency planning district. Facilities that must submit under CAA Section 112(r) are required
to coordinate their emergency response plan with the local response organization.
Under the Chemical Facility Anti-Terrorism Standards (CFATS), covered facilities are
encouraged or required to coordinate with local responders. (See Chapter 255for information on
CFA TS and Emergency Planning for LEPCs and TEPCs.)
Facilities that are subject to EPCRA Section 302 may also be subject to Section 313 of EPCRA
or the TRI. A brief overview of the TRI program is provided in Chapter 2511. Facilities that
submit reports under Section 313 identify the toxic chemical released, the amount released, the
amount of the chemical on site, and where the release occurred. These reports are submitted to
the state and EPA. LEPCs and TEPCs may request TRI reports from your state (or tribe) or EPA.
Although Section 303 focuses mainly on planning for EHSs, these are not the only chemicals
that may pose serious risks to the community. Hazardous chemical information provided on Tier
II forms, discussed in Chapter 5, is useful in identifying these other chemicals and facilities that
may need to be included in the local emergency plan.
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Identification of Potential Routes of Transportation of Extremely Hazardous Substances
EPCRA Section 304, discussed in Chapter 4, requires facilities to provide notification of releases
that occur during transportation, as well as at fixed facilities. Therefore, it is important to include
transportation routes for EHSs in the local emergency plan. Other hazardous chemicals may also
be transported through the community via highways, local roads, pipelines, or railroads. LEPCs
and TEPCs may also want to consider these chemicals and routes in their plan and then assess
the potential impacts. Some states now collect the routes and transporter information on the
hazardous chemical inventory report ("Tier II"). (See Chapter 5 for discussion on Tier II
reporting requirements.). In addition, see discussion below on Information Sharing on High
Hazard Flammable Trains to SERCs and TERCs required under DOT regulations.
Identification of Potential Routes of Transportation of Other Hazardous Chemicals
In addition to EHSs, there may be other hazardous chemicals that pass through each planning
district via railroads or highways. LEPCs and TEPCs should also consider these chemicals and
their transportation routes in the emergency response plan. Information regarding hazardous
chemicals transported via railroads can be obtained from your SERC or TERC as required by
Department of Transportation (DOT) regulations, which are discussed below. An LEPC/TEPC
can assess the transportation routes and railroads. The LEPC/TEPC can also work with its state
truck inspection service's agency to get information. DOT's Federal Railroad Administration
(FRA) has information about hazardous materials on the rail lines (see below).
DOT Regulations (49 CFR 174.312): Information Sharing on High Hazard Flammable Trains
(HHFTs) to SERCs and TERCs
The Pipeline and Hazardous Materials Safety Administration (PHMSA) of the DOT issued a
final rule on February 28, 2019 (84 FR 6910) https://www. govinfo. gov/content/pkg/FR-2019-02-
28/html/2019-02491 .htm, requiring railroads to provide the SERC and the TERC or other state-
delegated agency with certain information regarding HHFTs passing through the state or tribal
region. The information must include the following:
• A reasonable estimate of the number of HHFTs that the railroad expects to operate each
week through each county or tribal jurisdiction.
• The routes over which the HHFTs will operate.
• A description of the hazardous materials being transported, and all applicable emergency
response information identified in the DOT regulations.
• An HHFT point of contact at the railroad (including name or email address, title, phone
number and address) who has knowledge of the railroad's transportation of affected trains
and who is responsible for serving as the point of contact for the SERC, TERC, or other state
or tribal agency responsible for receiving the information.
• If a route is identified for the HHFTs and if they are subject to the comprehensive spill plan
requirements (49 CFR Part 130, Subpart C), then certain information such as a description of
the response zones (including counties and states) is required.
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The railroads must also provide free emergency response training to the SERC, TERC, LEPC,
TEPC, and other local response organizations, https://www.transportation.gov/briefing-
room/emergency-order.
See 49 CFR Parts 13012 and 17413 for details on requirements for railroads carrying HHFTs.
(2) Methods and procedures to be followed by facility owners and operators and local
emergency and medical personnel to respond to any release of such substances.
The MSDS/SDS of a chemical would include response actions in case of an emergency. The
LEPCs, TEPCs and facilities need to review Sections 4, 5, and 6 of the MSDS (or SDS). See
below for a description of each of these sections.
• Section 4: First-Aid Measures. This section describes the initial care that should be given
by untrained responders to an individual who has been exposed to the chemical. The required
information consists of:
o Necessary first-aid instructions by relevant routes of exposure (inhalation, skin and eye
contact, and ingestion).
o Description of the most important symptoms or effects and any symptoms that are acute
or delayed.
o Recommendations for immediate medical care and special treatment needed, when
necessary.
• Section 5: Firefighting Measures. This section provides recommendations for fighting a fire
caused by the chemical. The required information consists of:
o Recommendations of suitable extinguishing equipment, and information about
extinguishing equipment that is not appropriate for a particular situation.
o Advice on specific hazards that develop from the chemical during the fire, such as any
hazardous combustion products created when the chemical burns.
o Recommendations on special protective equipment or precautions for firefighters.
• Section 6: Accidental Release Measures. This section provides recommendations on the
appropriate response to spills, leaks, or releases, including containment and cleanup practices
to prevent or minimize exposure to people, properties, or the environment. It may also
include recommendations distinguishing between responses for large and small spills where
the spill volume has a significant impact on the hazard. The required information may consist
of recommendations for:
12 Title 49 Subtitle B Chapter 1 Subchapter B Part 130: Oil spill Prevention and Response Plans
https://www.ecfr.gov/cgi-bin/text-
idx?SID=b9dcaf30ea5babe54205aaal6baaeb76&mc=true&node=pt49.2.130&rgn=div5.
13 Title 49 Subtitle B Chapter I Subchapter C Part 174: Carriage by Rail, https://www.ecfr.gov/cgi-bin/text-
idx?SID=b9dcaf30ea5babe54205aaal6baaeb76&mc=true&node=pt49.2.174&rgn=div5.
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o Use of personal precautions (such as removal of ignition sources or providing sufficient
ventilation) and protective equipment to prevent the contamination of skin, eyes and
clothing.
o Emergency procedures, including instructions for evacuations, consulting experts when
needed and appropriate protective clothing.
o Methods and materials used for containment (e.g., covering the drains and capping
procedures).
o Cleanup procedures (e.g., appropriate techniques for neutralization, decontamination,
cleaning or vacuuming; adsorbent materials; and/or equipment required for
containment/clean up).
The emergency plan should include the name and contact information of the LEPC or TEPC
community emergency coordinator for the facility's emergency coordinator to notify in the event
of an emergency. This individual must then notify local emergency responders and inform local
hospitals to prepare the staff, if necessary. The plan should also include procedures for the
community emergency coordinator to notify the public to take proper precautions.
Most LEPCs/TEPCs have designated the 9-1-1 system to take the emergency call and pass the
information to the emergency response community, as needed, based on the information
received.
Procedures for Emergency Response, On Site and Off Site
Some large facilities may be able to respond to their own chemical emergencies, assist local
emergency responders or provide emergency response equipment. The emergency plan should
include this information.
Neighboring emergency planning districts may also be able to assist in emergency response.
EPA encourages LEPCs and TEPCs to meet with other emergency planning districts and attend
meetings to discuss coordination across jurisdictions.
(3) Designation of a community emergency coordinator andfacility emergency coordinators,
who shall make determinations necessary to implement the plan.
The emergency plan should include the contact information for each person in the planning
district who would be the facility point of contact for emergency responders and the public
during an emergency. The contact list should be updated periodically. This information should
be provided annually in the Hazardous Chemical Inventory Form, also known as "Tier II."
Details on the Tier II reporting requirements are covered in Chapter 5.
Under EPCRA Section 303(d)(1), facilities in your planning district that are subject to
emergency planning notification in EPCRA Section 302 are required to provide the name of the
facility emergency coordinator who should participate in the emergency planning process.
LEPCs and TEPCs are encouraged to reach out to these individuals, as they have the expertise on
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potential hazards of the chemicals stored at their facilities. These individuals may also assist in
conducting exercises and explaining potential risks to the community.
An LEPC or TEPC should designate a community emergency coordinator. The facility owners
and operators are required to notify this contact when there is a release of EHSs or CERCLA
hazardous substances at the facility, as required by EPCRA Section 304, Emergency Release
Notification (Section 304 requirements are explained in detail in Chapter 4). The community
emergency coordinator should be trained to acquire as much information as possible from the
person reporting the release to facilitate decisions on public notification and evacuation.
More than one individual should be named to ensure proper notification. It may be helpful to
provide these individuals' contact information to each facility in the emergency planning district,
whether or not the facilities have EHSs on site.
Most LEPCs have designated "9-1-1" to receive the initial emergency notification of a release.
Note: Under EPCRA Section 304, facilities are required to provide release notification of
CERCLA HSs and EPCRA EHSs if certain criteria are met for release reporting. Therefore,
LEPCs and TEPCs are encouraged to provide proper contact information of the community
emergency coordinator or other established system (e.g., 9-1-1 or dispatch call center) to the
facilities in their planning district.
(4) Procedures providing reliable, effective, and timely notification by the facility emergency
coordinators and the community emergency coordinator to persons designated in the
emergency plan, and to the public, that a release has occurred (consistent with the emergency
notification requirements of section 11004 of this title).
LEPCs and TEPCs should develop procedures so that facilities know to whom to report a
chemical emergency (e.g., community emergency coordinator, local operator/9-1-1, or fire
department personnel). These people should be trained to take accurate information from the
caller (name of the substance released, date and time of release, quantity of the chemical,
location(s) of the facility or transportation route(s), any injuries or evacuations, etc.).
The emergency plan should describe procedures for how the community emergency coordinator
will oversee public notification that a release has occurred and methods of providing instructions
to shelter in place or evacuate (e.g., broadcasting on radio or TV, use of reverse 9-1-1, and/or
other mechanisms appropriate and most useful for the community). The plan should also include
alerting the local fire department, traffic police for evacuation procedures, and local hospitals to
prepare for treating any exposed individuals.
LEPCs and TEPCs should ensure that whatever system is used for notifying the public, it will
reach all geographical areas of the community, including individuals with special medical needs
(such as the elderly, disabled/handicapped individuals, children, and those with transportation
challenges), and that the notification is timely enough to ensure protection of the public.
Depending on the composition of the community, the notification to the public may have to be
provided in multiple languages.
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LEPCs and TEPCs may also request that facility owners and operators have a facility
representative available when an incident occurs to provide first responders with the most up-to-
date information about the chemicals at the facility. This individual would be the facility
emergency coordinator discussed earlier in this section. This individual is also reported on the
hazardous chemical inventory form (Tier II form) annually.
(5) Methods for determining the occurrence of a release, and the area or population likely to
be affected by such release.
Hazards analysis for fixed facilities and transportation routes can be done by using CAMEO
Data Manager and Areal Locations of Hazardous Atmospheres (ALOHA). (See Chapter 177.)
The Screening & Scenarios module in the CAMEO Data Managers is a planning tool to assess
the hazards from accidental releases of hazardous chemicals for fixed facilities and transportation
routes. Such an assessment is called a hazards analysis, and you can use the results of the
analysis to prepare emergency response plans for your community.
In ALOHA, a facility's threat zone will appear as a shaded circle around the facility, with a
radius equal to the threat zone radius shown on the Screenings & Scenarios record. A threat zone
for a scenario also includes a small oval area representing the area that could potentially be
affected if the wind blows from the direction you indicated on the scenario record. Threat zones
for screenings do not include an oval area because wind direction is not specified in screenings.
In the case of a route, the threat zone will appear as a shaded corridor along the full length of the
route, twice as wide at every point along the route as the calculated threat zone radius.
ALOHA can also be used for fixed facilities and transportation routes as a planning tool to assess
the hazards from accidental releases of hazardous chemicals.
Each facility in the community has the responsibility to determine whether a release has occurred
within their facility that triggers notifications to the federal government, SERC or TERC, and
LEPC or TEPC. LEPCs and TEPCs should coordinate with each facility to determine what
procedures and equipment (e.g., air monitors) the facility may have for determining the release
magnitude and duration.
The LEPC and TEPC should also work to train 9-1-1 dispatchers and other responders to be
mindful of calls that may come in from the public complaining of odors, burning eyes, or other
indications of a release.
(6) A description of emergency equipment andfacilities in the community and at each facility
in the community subject to the requirements of this subchapter, and an identification of the
persons responsible for such equipment and facilities.
The emergency plan should include which facilities in your community have emergency
response equipment or are able to respond to emergency situations. These facilities may donate
emergency response equipment to local fire departments and offer training.
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(7) Evacuation plans, including provisions for a precautionary evacuation and alternative
traffic routes.
The plan should describe the places or buildings (e.g., schools, churches, municipal buildings,
etc.) where the public should gather in the event of an emergency. This should also include
traffic routes the public should avoid.
Coordinate with state, county and local police departments, as well as the Department of Public
Works or DOT in the planning district, to develop evacuation procedures and identify traffic
routes. The plan should include:
• Procedures to notify the public of the emergency.
• Shelter locations.
• Procedures to move persons that need special services.
• Evacuation routes.
(8) Training programs, including schedules for training of local emergency response and
medical personnel.
Ensure that emergency response personnel, as well as medical personnel, are trained to deal with
chemical emergencies. Your plan should include a training schedule.
There are training programs and tools developed by the Agency for Toxic Substances and
Disease Registry (ATSDR) available to help communities develop sound, evidence-based
assumptions in preparing for hazardous materials (HazMat) emergencies and disasters for
Emergency Medical Services and Emergency Hospital Services
(https://www.atsdr.cdc.gov/hazmat-emergencv-preparedness.htmn.
Other areas that the LEPC and their emergency medical services, emergency hospital services
and public health departments should review are sections 4 and 11 of the MSDS (or SDS). See
below for a description of these sections.
• SDS Section 4: First-Aid Measures. This section describes the initial care that should be
given to an individual who has been exposed to the chemical. The required information
consists of:
o Necessary first-aid instructions by relevant routes of exposure (inhalation, skin and eye
contact and ingestion).
o Description of the most important symptoms or effects and any symptoms that are acute
or delayed.
o Recommendations for immediate medical care and special treatment needed, when
necessary.
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• SDS Section 11: Toxicological Information. This section identifies toxicological and health
effects information or indicates that such data are not available. The required information
consists of:
o Information on the likely routes of exposure (inhalation, ingestion, skin and eye contact).
The SDS should indicate if the information is unknown.
o Description of the delayed, immediate, or chronic effects from short- and long-term
exposure.
o The numerical measures of toxicity (e.g., acute toxicity estimates such as the LD50
(median lethal dose))—the estimated amount (of a substance) expected to kill 50 percent
of test animals in a single dose.
o Description of the symptoms. This description includes the symptoms associated with
exposure to the chemical, including symptoms from the lowest to the most severe
exposure.
o Indication of whether the chemical is listed in the National Toxicology Program (NTP)
Report on Carcinogens (latest edition) or has been found to be a potential carcinogen in
the International Agency for Research on Cancer (IARC) Monographs (latest editions) or
found to be a potential carcinogen by OSHA.
Your SERC or TERC is the primary contact to help you get the appropriate training for local
emergency responders and medical personnel. In addition, chemical facilities in your community
may be able to suggest or provide training specific to the chemical risks at their facility, and
many industry trade associations offer free training for emergency responders.
(9) Methods and schedules for exercising the emergency plan.
The LEPC should use the Homeland Security Exercise and Evaluation Program (HSEEP):
https://training.fema.gov/programs/hseep/roleofexercises.
The emergency plan should be exercised at least annually—and more frequently if there are
changes that occur at the facilities that may affect it. These exercises might include call-down
notification drills, tabletop exercises, and full-field exercises. The exercises can cover one
facility or several facilities. Most active LEPCs currently exercise their plan at least twice a year,
and some conduct exercises three to four times a year. The plan should include a schedule for
such exercises.
Tabletop exercises should include all the members of the LEPC and TEPC. LEPCs and TEPCs
should include the RRT and the state, county and local response community when conducting
exercises. The public should be notified of these exercises and be invited to participate or
observe.
The LEPC/TEPC plan must include a plan for at least an annual exercise. This exercise can be a
table-top, full-scale exercise, or a call down of the phone numbers, including the emergency
phone contact numbers in the plan. The after-action report or hot wash meeting can be used to
identify areas that need to be updated.
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While the EPCRA Section 303 emergency plan requirement is specific to facilities that handle
EHSs, there are other facilities or chemicals in commerce that may also pose a threat to human
life, including other health effects or injuries, or the environment. In addition, two new hazards
facing a community may be marijuana-growing operations and ethanol production. Chemicals
handled at these types of facilities should also be considered in your emergency response plan.
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Chapter 17. Tools and Resources for Planning and
Response
EPCRA requires planning for chemical emergencies for every community that has facilities
handling hazardous chemicals.
This chapter describes various tools that LEPCs, TEPCs and other planners and responders may
use for emergency planning and response.
17.1 Computer-Aided Management of Emergency Operations (CAMEO)
Software Suite
The CAMEO software suite is a system of software applications used widely to plan for and
respond to chemical emergencies. It is one of the tools developed by EPA and the National
Oceanic and Atmospheric Administration (NOAA) to assist front-line chemical emergency
planners and responders. They can use CAMEO to access, store, and evaluate information
critical for developing emergency plans.
The CAMEO system integrates a chemical database and a method to manage the data, an air
dispersion model, and a mapping capability. All modules work interactively to share and display
critical information in a timely fashion. The CAMEO system is available in Macintosh and
Windows formats.
For additional information on CAMEO, please visit https://www.epa.gov/cameo/what-cameo-
software-suite.
CAMEO is a suite of four core programs that can be used together or separately:
• CAMEO Data Manager
• CAMEO Chemicals
. MARPLOT
. ALOHA
17.1.1 CAMEO Data Manager—Database and Information Management Tool
EPA: https://response.restoration.noaa.gov/cameochemicals.
NOAA: https://response.restoration.noaa.gov/oil-and-chemical-spills/chemical-spills/response-
tools/cameo-software-suite.html.
CAMEO Data Manager is a database application that includes seven modules to assist with data
management requirements under EPCRA. The system can be used to store information submitted
by facilities, such as storage amounts, locations of chemicals on their site and the facility
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personnel contact information. CAMEO Data Manager can also interact with MARPLOT and
CAMEO Chemicals. CAMEO Chemicals—Chemical Response Datasheets and Reactivity
Prediction Tool: https://response.restoration.noaa.gov/cameochemicals.
CAMEO Chemicals is available for free in multiple formats as a website, mobile website, mobile
app, and desktop program. All of those formats use the same database, so the content is the same
(see the development history for details about released versions). Most of the program
functionality is the same across formats as well, as shown in the CAMEO Chemicals feature
comparison chart.
Users can search through the extensive chemical database in CAMEO Chemicals to find
chemical datasheets with critical response information, including physical properties, health
hazards, information about air and water hazards, and recommendations for firefighting, first aid,
and spill response. (The chemical datasheets also include links to related National Institute for
Occupational Safety and Health (NIOSH) Pocket Guide datasheets and International Chemical
Safety Cards.) When you add chemical datasheets to the MyChemicals collection, you can use
the reactivity tool to predict what hazards could arise if the chemicals were to mix together.
Additionally, CAMEO Chemicals includes separate datasheets-based United Nations/North
American (UN/NA) identification numbers that provide shipping information from the Hazmat
Table (49 CFR 172.101) and response information from the Emergency Response Guidebook
(ERG), including the ERG Response Guide PDFs in English, Spanish, and French.
CAMEO Chemicals has an extensive chemical database with critical response information for
thousands of hazardous substances. Use the simple search to quickly find chemicals of interest
by name, Chemical Abstracts Service (CAS) number, or UN/NA number—or use the advanced
search with a variety of database fields for more complex queries. CAMEO Chemicals can also
be used for:
• Reviewing chemical datasheets for physical properties, health hazards and information about
air and water hazards; recommendations for firefighting, first aid and spill response; and
regulatory information.
• Obtaining information from additional sources using the U.S. Coast Guard Chemical Hazards
Response Information System (CHRIS) manual, the NIOSH Pocket Guide, and International
Chemical Safety Cards links on many chemical datasheets.
• Accessing UN/NA datasheets for response information from the ERG and shipping
information from the Hazardous Materials Table. ERG Response Guide PDFs are available
in English, Spanish, and French.
• Predicting potential hazards that could arise if chemicals were to mix.
Other programs in the CAMEO software suite also deal with chemicals, but they do not have the
extensive chemical database that CAMEO Chemicals does. Instead, those programs provide
links to related CAMEO Chemicals datasheets, so that if you are working in another part of the
CAMEO suite you can quickly switch over to chemical datasheets in CAMEO Chemicals to find
out more about the hazardous chemicals.
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17.1.2 MARPLOT—Mapping Application for Response, Planning, and Local Operational
Tasks
https://www.epa.gov/cameo/marplot-software.
With MARPLOT'S easy-to-use GIS interface, you can add your own objects (symbols,
rectangles, circles, polylines and polygons) to maps, as well as view and edit data associated with
those objects. You can choose between several base maps for the background image, and you
can customize your map further with annotations and online Web Mapping Service (WMS)
layers. You can also interact with the map in other ways, such as getting population estimates
within an area, weather, coordinates, Flood Zones, River Stages, etc.
As part of the CAMEO software suite, MARPLOT can be used with other programs in the suite:
you can link map objects to the CAMEO Data Manager program and easily display ALOHA
threat zones for real emergency events or planning purposes. However, MARPLOT can also be
run by itself as a general mapping program. MARPLOT runs on both Windows and Macintosh
computers.
MARPLOT is a mapping application. The program comes with several global background base-
map options, with maps in both street and satellite views. Users can add to the information
shown on the map by drawing their own objects (such as chemical facilities, schools or response
assets) or by importing layers of objects already created by other sources. Map objects can be
linked to records in CAMEO Data Manager, in order to store additional information about these
locations (such as emergency contact information or site plans). Additionally, the areas
contaminated by potential or actual chemical release scenarios can be displayed on the maps to
determine potential impacts and help users make decisions about the degree of hazard posed by
the releases.
17.1.3 ALOHA—Areal Locations of Hazardous Atmospheres
https://www.epa.gov/cameo/aloha-software.
ALOHA is an atmospheric dispersion model used for evaluating releases of hazardous chemical
vapors. ALOHA allows the user to estimate the downwind dispersion of a chemical cloud based
on the toxicological/physical characteristics of the released chemical, atmospheric conditions,
and specific circumstances of the release.
ALOHA can estimate threat zones associated with several types of hazardous chemical releases,
including toxic gas clouds, fires and explosions. Threat zones can be displayed on MARPLOT
maps to help users assess geospatial information, such as whether vulnerable locations (such as
hospitals and schools) might be impacted by the release or whether other nearby factors (such as
construction zones) might complicate the response.
17.1.4 Tier2 Submit Software
https://www.epa.gov/epcra/tier2-submit-software.
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Completed Tier II forms are due by March 1, annually. Refer to the reporting requirements for
your state for details of submission requirements. EPA developed Tier2 Submit to help facilities
prepare an electronic chemical inventory report. Many states accept reports using Tier2 Submit,
and the Tier II chemical inventory data can also be exported into the CAMEO Data Manager
emergency planning software.
17.2 Guidance Documents for Planning
EPA and the National Response Team published a guidance document, Hazardous Materials
Emergency Planning Guide, NRT-L to help state and local officials develop emergency response
plans. In addition, EPA, FEMA, and DOT published a follow-up document on hazards analysis
that tells emergency planners how to determine the potential hazards of a chemical and its
processes before there is an incident, so they can determine the priorities of chemical risks in
their community and plan for them. Links to these documents are provided in the "Resources"
section of this document.
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Chapter 18. Conducting a Hazard Analysis
18.1 Hazard Analysis
The first step in a hazard analysis is to identify facilities containing EHSs or to identify
transportation routes likely to be used for the transportation of these substances. An analysis will
help you identify these and other hazards in your community. Emergency planners should try to
answer the following questions:
• What are the major chemical hazards in our community?
• How can we determine the area or population likely to be affected by a release?
• What emergency response resources (personnel and equipment) does our community need?
• What kind of training do local responders need?
• How can we help prevent chemical accidents?
The hazard analysis process can assist local planners in answering these and other important
planning questions.
There are three components of hazards analysis as it is applied to the EHSs. A brief overview is
presented below.
18.1.1 Hazards Identification
Hazards identification typically provides specific information on situations that have the
potential for causing injury to life or damage to property and the environment due to a hazardous
materials spill or release. A hazards identification includes information about chemical identities:
• The locations of facilities that use, produce, process, or store hazardous materials.
• The type and design of chemical containers or vessels.
• The quantity of material that could be involved in an airborne release.
• The nature of the hazard (e.g., airborne toxic vapors or mists, which are the primary focus of
this guide, as well as other hazards such as fire, explosion, large quantities stored or
processed, or handling conditions) most likely to accompany hazardous materials spills or
releases.
18.1.2 Vulnerability Analysis
A vulnerability analysis identifies areas in the community that may be affected or exposed;
individuals in the community who may be subject to injury or death from certain specific
hazardous materials; and what facilities, property or environment may be susceptible to damage
should a hazardous materials release occur. A comprehensive vulnerability analysis provides
information on:
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• The extent of the vulnerable zones (i.e., an estimation of the area that may be affected in a
significant way as a result of a spill or release of a known quantity of a specific chemical
under defined conditions).
• The population, in terms of numbers, density, and types of individuals (e.g., facility
employee; neighborhood residents; people in hospitals, schools, nursing homes, prisons or
day care centers) that could be within a vulnerable zone.
• The private and public property (e.g., critical facilities, homes, schools, hospitals, businesses,
offices) that may be damaged, including essential support systems (e.g., water, food, power,
communication, medical) and transportation facilities and corridors.
• The environment that may be affected and the impact of a release on sensitive natural areas
and endangered species.
18.1.3 Risk Analysis
A risk analysis is an assessment by the community of the likelihood (probability) of an
accidental release of a hazardous material and the actual consequences that might occur, based
on the estimated vulnerable zones. The risk analysis is a judgement of probability and severity of
consequences based on the history of previous incidents, local experience, and the best available
current technological information. It provides an estimation of:
• The likelihood (probability) of an accidental release, based on the history of current
conditions and controls at the facility, consideration of any unusual environmental conditions
(e.g., areas in flood plains), or the possibility of simultaneous emergency incidents (e.g.,
flooding or fire hazards resulting in the release of hazardous materials).
• Severity of consequences of human injury that may occur (acute, delayed and/or chronic
health effects), the number of possible injuries and deaths, and the associated high-risk
groups.
• Severity of consequences on critical facilities (e.g., hospitals, fire stations, police
departments, communication centers).
• Severity of consequences of damage to property (temporary, repairable, permanent).
• Severity of consequences of damage to the environment (recoverable, permanent).
18.1.4 Summary
To have an accurate view of the potential problems in a district, the LEPC and TEPC would need
to address all the steps outlined above in a hazards analysis. Each of the three steps should be
followed even if extensive information is not available for each site. The process anticipates that
local judgement will be necessary.
A detailed description on conducting a hazard analysis is provided in EPA's Technical Guidance
for Hazards Analysis, December 1987. {See the "Technical Resources " section for a link to this
document.)
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18.2 Hazards/Vulnerability/Capability Assessments
These assessments are a way to find out what/where the HAZMAT threat is, who is vulnerable,
and what capability exists to respond to an incident. This can be as simple or complicated as you
choose.
• Hazard/Threat Assessment: Includes industry required to report under EPCRA, propane
facilities, fuel storage facilities and other fixed facilities. Transportation-related threats on
highways, railroads and airports should also be included. Determine the most hazardous
chemical at these locations and the worst-case effects of a release of that chemical.
• Vulnerability Assessment: Review census data or other information available to the county
to determine who and what lies within the vulnerability areas of the locations of hazardous
chemicals in the community. Look for any special cases like schools, nursing homes,
shopping malls and neighborhood populations.
• Capability Assessment: Look at what the jurisdiction has to respond to the threat. Look at
not only county or municipal assets like fire departments, HAZMAT teams, law
enforcement, emergency medical and other government-owned assets, but also private
industry, which may have response teams or equipment. Plot these on the map. Once plotting
is completed, look at the whole picture to find any deficiencies in response. Then make plans
to fix them.
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Chapter 19. Commodity Flow Study
Commodity flow studies are conducted to provide detailed information about the type, quantity,
volume, and spatial distribution of hazardous materials traveling through your counties via
highways and rail. {Note: Consideration of transportation routes of extremely hazardous
substances is a required element of the local emergency response plan.) As discussed earlier in
this document, there are other chemicals in commerce that also pose hazards to the community;
therefore, LEPCs and TEPCs should also consider transportation routes of these chemicals in the
emergency response plan. This information is necessary for detailed emergency planning
activities by your county's emergency response agencies.
The first step is determining the routes to be studied. This can be a major highway through the
county or city, or a heavily traveled road through high-population areas. Railroad studies are also
useful, since they often run through heavily populated areas and city centers. The second step is
developing a survey schedule that covers different days of the week, different times of day, and a
long enough period of time to ensure peak and off-peak traffic are surveyed. The third step is to
determine what methods you will use to collect the information. You can have teams stationed in
safe locations along the routes using binoculars for placard surveys. You can also use vehicle and
train manifest surveys. The fourth step is conducting the survey and compiling the information
showing types of materials and the quantities, frequencies and locations of where they are
transported. A vulnerability study could also be done along your routes to determine populations
at risk.
You may request that facilities in your community, trade associations or university students
assist you in conducting a commodity flow study.
DOT/PHMSA has a guide for conducting hazardous materials commodity flow studies:
http://onlinepubs.trb.org/onlinepubs/hmcrp/docs/HM01 FR.pdf.
Sample commodity flow studies from various states and cities are posted on EPA's website. See
"Resource" section of this document.
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Chapter 20. Training Resources
Training and funding opportunities are available to assist first responders, as well as other
members of LEPCs and TEPCs. This chapter provides references to various web-based training
resources and funding opportunities.
Your state or tribal agency may provide additional training for first responders.
20.1 Emergency Response Training
It is important—and required by regulation—for emergency responders to have the proper
training to ensure that they are ready to respond to emergencies involving chemicals.
Under OSHA and EPA standards and regulations, any person who will respond to a chemical
incident must have the appropriate training for the level of response they are undertaking,
whether it be awareness, operational or technician-based training.
Organizations at all levels make training available for local and state first responders either at no
cost or for very reasonable costs. States offer training to their local responders using Hazardous
Materials Emergency Preparedness (HMEP) training funds, other grants or state supported fees.
Additionally, many trade associations offer free training for local agencies and emergency
responders.
Two such training opportunities, which have been
offered for years, are available for responders
nationwide. The annual HOTZONE Conference &
Workshops held in Houston, Texas, and the annual
Continuing Challenge conference held in Sacramento,
California, both offer comprehensive training
opportunities for first responders. These events bring in
subject matter experts from around the country (and even
international trainers) to provide the best available
training for responders. Many responders attend these
conferences for no cost because of available scholarship
opportunities offered by the conference itself, their states,
associations or other entities.
Under the OSHA Hazardous Waste Operations and Emergency Response (HAZWOPER)
Standard (29 CFR 1910.120), as well as the corresponding EPA regulation (40 CFR Part 311),
both private and public employees (including volunteers) must be trained to the appropriate
level.
There are five levels of training, which are designed to ensure responders can protect themselves.
The training levels and content required for these workers is dependent on the workers' expected
duties during the emergency response. For example, workers who are likely to witness or
discover a release and are expected only to initiate an emergency response by notifying the
proper authorities must be trained to the first responder awareness level.
Houston and Sacramento host annual
conferences.
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A fact sheet developed by EPA Region 6 on the implementation of the HAZWOPER program at
the state and local levels is located in Appendix Q.
20.2 Training Resources
The following is a list of some of the training programs offered by the Federal Emergency
Management Agency, DOT, DHS, and Transportation Community Awareness and Emergency
Response (TRANSCAER) for emergency planners and first responders. Your state or tribal
emergency management may offer additional training programs. Industry trade associations may
also offer free training for first responders.
• National Preparedness Training
FEMA offers a variety of training and education for first responders, emergency managers
and other members of the community.
https://www.fema.gov/emergencv-managers/national-preparedness/training
https://www.fema.gov/emergencv-managers/national-preparedness/exercises
• National Incident Management System
The National Incident Management System (NIMS) guides all levels of government,
nongovernmental organizations and the private sector to work together to prevent, protect
against, mitigate, respond to and recover from incidents. Local, state, territorial, and tribal
nation jurisdictions are required to adopt NIMS in order to receive federal preparedness
grants.
https://www.fema.gov/emergencv-managers/nims
https://www.fema.gov/emergencv-managers/nims/components
• NIMS Implementation and Training
Local, state, tribal and territorial jurisdictions are required to adopt NIMS in order to receive
federal Preparedness Grants. FEMA has defined implementation objectives to guide
jurisdictions in their implementation of NIMS.
https://www.fema.gov/emergencv-managers/nims/implementation-training
• Chemical-Terrorism Vulnerability Information Training
CVI Authorized User Training provides an overview of a sensitive but unclassified
designation titled, "Chemical-Terrorism Vulnerability Information" (CVI). CVI is used to
protect information developed under the Chemical Facility Anti-Terrorism Standards
(CFATS) regulation that relates vulnerabilities to terrorist attacks of high-risk chemical
facilities manufacturing, using, storing or otherwise possessing certain explosive, reactive,
flammable or toxic chemicals of interest. Completion of this training will prepare you to
successfully handle and safeguard CVI.
https://www.cisa.gov/cvi-authorized-user-training
• Emergency Response Guidebook Training
Provided through PHMSA, these trainings are available throughout the year and across the
United States.
https://www.phmsa.dot.gov/hazmat/erg/emergencv-response-guidebook-erg
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Federal Emergency Management Institute
Training resources focused on all hazard preparedness education.
https://training.fema.gov/emi.aspx
First ResponderTraining.gov
A FEMA website offering more than 150 courses to help build critical skills first responders
need to function effectively in mass consequence events.
https://www.firstrespondertraining.gov/frts/
PHMSA One-Day Hazmat Transportation Workshops
PHMSA's Hazardous Materials Safety Assistance Team conducts workshops specialized to
meet the needs of industry or the public safety community. These free one-day events are
scheduled across the nation to help meet the needs of the local community.
PHMSA Online Training
This training system provides training from the PHMSA Pipeline Inspector Training and
Qualifications Division and HAZMAT Certification and Standards Branch. It provides
training for PHMSA personnel, federal and state pipeline safety inspectors, and HAZMAT
Investigators.
PHMSA Two-Day Multimodal Training Seminars
DOT provides training on hazmat transportation and includes the Federal Aviation
Administration, PHMSA, Federal Motor Carrier Safety Administration, Federal Railroad
Administration, and State Hazmat Enforcement.
TRANSCAER Online Hazmat Training Courses
TRANSCAERsm (Transportation Community Awareness and Emergency Response) offers a
variety of online hazmat training videos for emergency responders and community leaders
who cannot attend classroom events. You can take the courses at your own pace and at a time
and location that is convenient for you.
https://www.transcaer.com/training/online-training-courses
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Chapter 21. Other Key Groups for Success of EPCRA
As mentioned in the beginning of this document, LEPCs and TEPCs are crucial to the success of
this program, as they are within the community they represent and the potential risks posed by
chemicals handled by facilities near them. LEPCs and TEPCs are encouraged to build a
relationship with facilities that handle hazardous chemicals, as these facilities may assist in
various activities that LEPCs and TEPCs are required to implement under EPCRA.
In addition to the organizations created under EPCRA, SERCs, TERCs, LEPCs and TEPCs,
there are other representatives that are key to a successful EPCRA program and to preparing and
protecting citizens and first responders. A few are discussed below.
21.1 Public Institutions
Public institutions, such as hospitals, schools, and state and local governments are vital to the
success of any emergency response plan. Ambulance crews and emergency room personnel
should be trained on how to treat victims of exposure to hazardous chemicals. Schools and public
buildings personnel should be trained as they will be notified of emergencies and can assist with
evacuations or shelters.
Representatives of these institutions should be encouraged to participate in the emergency
planning process and become members of the LEPC or TEPC.
21.2 Industry and Small Businesses
In addition to providing information required under EPCRA on chemicals present, facilities may
be the most valuable resource for emergency planning and response. Facility personnel are
familiar with potential chemical risks and therefore best able to provide training on chemical
hazards or emergencies. Facilities may also support LEPCs and TEPCs by providing emergency
response equipment, as well as assisting in developing the emergency response plan.
Facility representatives can also hold meetings with the community during or after an event.
LEPCs and TEPCs should ensure representatives of facilities become members and attend
meetings regularly to discuss emergency planning and assist in conducting exercises to ensure
that the plan can be activated during an event.
21.3 Health Professionals
Doctors, nurses and other trained medical professionals who serve in health departments,
hospitals and private practices can be a valuable resource in emergency planning and response.
They can also be an important source of information about risks to public health in their
communities. Individuals from these organizations should be encouraged to join the LEPC or
TEPC so they can be informed on potential hazards of chemicals to be prepared for treating
people exposed.
There are many ways these professionals can help in meeting the goals of EPCRA.
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• Volunteer to be a health professional representative in the LEPC or TEPC organization.
• Participate in programs to train medical personnel to deal with emergencies involving
chemical hazards.
• Screen the information submitted under EPCRA to determine if acute or chronic health
effects may be associated with hazardous substances in their communities.
EPCRA allows health professionals to gain access to chemical identity information, even if it is
claimed trade secret, in three different situations:
1. If the chemical identity is needed for the diagnosis and treatment of an exposed person.
2. If a medical emergency exists in which the chemical identity is needed to aid in diagnosis
and treatment.
3. If a health professional who is a local government employee requests a chemical's identity to
conduct preventive research studies and to render medical treatment.
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Chapter 22. Funding and Grants
This chapter provides information on various grants available to LEPCs and TEPCs. You may
reach out to your SERC or TERC, who are best positioned to assist you in receiving funding
from state and tribal emergency management agencies.
22.1 Grants
Homeland Security Grant Program (HSGP)
The HSGP plays an important role in the implementation of the National Preparedness System
(NPS) by supporting the building, sustainment and delivery of core capabilities essential to
achieving the National Preparedness Goal (NPG) of a secure and resilient Nation.
https://www.dhs.gov/homeland-securitv-grant-program-hsgp
PHMSA HMEP Grant Program
The Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005
authorizes the U.S. DOT to provide assistance to public sector employees through training and
planning grants to states, territories, and Native American tribes for emergency response. The
purpose of this grant program is to increase state, territorial, tribal, and local effectiveness in
safely and efficiently handling hazardous materials incidents and incidents; enhance
implementation of EPCRA; and encourage a comprehensive approach to emergency training and
planning by incorporating the unique challenges of responses to transportation situations.
https://www.phmsa.dot.gov/about-phmsa/working-phmsa/grants
Assistance for Local Emergency Response Training (ALERT)
The ALERT grant promotes hazmat response training for volunteer or remote emergency
responders. Response activities include the transportation of crude oil, ethanol and other
flammable liquids by rail consistent with NFPA standards. The ALERT grant is competitively
awarded to non-profit organizations capable of delivering an established curriculum to
emergency responders.
https://www.phmsa.dot.gov/grants/hazmat/assistance-local-emergencv-response-training-alert
Hazardous Materials Instructor Training (HMIT) Grant
The HMIT grant is a train-the-trainer program that facilitates the training of hazmat instructors
who then conduct training in Hazardous Materials Regulations (HMR) for hazmat employees.
The HMIT grant is competitively awarded to non-profit organizations that satisfy both of the
following eligibility requirements: 1) expertise in conducting hazmat employee training
programs and 2) capability of reaching a target population of hazmat employees and including
them in the training program.
https://www.phmsa.dot.gov/grants/hazmat/hazardous-materials-instructor-training-hmit-grant
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Supplemental Public Sector Training (SPST) Grant
The SPST grant is a train-the-trainer program that facilitates the training of instructors, who then
conduct training in hazmat response for individuals with a statutory responsibility to respond to
hazmat accidents and incidents.
The SPST grant is competitively awarded to national non-profit fire service organizations.
https://www.phmsa.dot.gov/grants/hazmat/supplemental-public-sector-training-spst-grant
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Chapter 23. Local Governments Reimbursement
(LGR) Program
In the event of a release (or threatened release) of hazardous substances, EPA may reimburse
local governments for expenses related to the release and associated emergency response
measures through its Local Governments Reimbursement (LGR) Program. The LGR Program
provides a "safety net" of up to $25,000 per incident to local governments that do not have funds
available to pay for response actions. This program can provide some financial relief to local
governments most seriously affected by costs above and beyond those incurred routinely and
traditionally. Key to this regulation (40 CFR part 310) is that reimbursement must not supplant
local funds normally provided for response.
Because local governments are often the first to respond to an incident to protect the public, EPA
created the LGR Program to provide reimbursement to local and tribal governments for certain
expenses related to response for hazardous substance releases in their jurisdictions. These funds
are limited to $25,000 per single response and are only available if the applying government is
not at fault for the release. Requests for reimbursement must be received by EPA within one year
of response completion (i.e., when all fieldwork is completed, paperwork is received, and cost
recovery is attempted).
The goal of this program is to provide financial assistance to government entities that do not
have a budget allocated for emergency response and cannot otherwise provide adequate response
measures. Contact your state or tribal organization who may have cost recovery statutes for
hazardous materials incidents.
At a high level, the LGR Program:
• Provides reimbursement for temporary, unanticipated emergency measures in response to
hazardous substance releases or threatened releases.
• Provides funds that cannot supplant funds normally provided for response activities.
• Has a $25,000 limit per response.
• Allows only one reimbursement request per incident.
• Does not include petroleum products (unless mixed with another hazardous substance).
23.1 LGR Regulation and Resources
Details about the application process, a list of services or products that may or may not be
reimbursed, and the application form to request reimbursement can be found in 40 CFR Part 310.
The application form is also available on EPA's website (https://www.epa.gov/emergencv-
response/local-governments-reimbursement-program ) or by calling the toll-free LGR Helpline:
1-800-431-9209.
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23.2 Who Responds to Emergency Situations?
The National Oil and Hazardous Substances Pollution Contingency Plan (NCP) 40 CFR 300.180
states: "Because state and local public safety organizations would normally be the first
government representatives at the scene of a discharge or release, they are expected to initiate
public safety measures that are necessary to protect public health and welfare and that are
consistent with containment and cleanup requirements in the NCP, and are responsible for
directing evacuations pursuant to existing state or local procedures."
Additionally, 40 CFR 300.700 states:
1. Responsible parties shall be liable for all response costs incurred by the U.S. government or a
state not inconsistent with the NCP.
2. Responsible parties shall be liable for necessary costs of response actions to releases of
hazardous substances incurred by any other person consistent with the NCP.
23.3 The Role of the Responsible Party
EPA recommends the first route of cost recovery is with the responsible party. Once the response
is completed, a local government should determine what costs were reasonable and then present
such costs to the responsible party.
CERCLA Section 107(a), the NCP 40 CFR 300.700, and applicable state statutes require the
responsible party to compensate local government authorities for appropriate and reasonable
costs related to a hazardous substance release. When a community responds to a release or threat
of a release of a hazardous substance, and there is no responsible party (e.g., abandoned drums),
or if the responsible party is not capable of reimbursement for expenses (e.g., bankruptcy), the
LGR Program may be able to provide a "safety net" of up to $25,000 per incident to local
governments that do not have funds available to pay for response actions.
23.4 Determining Eligibility
To be eligible for the LGR Program, a local government must meet the following requirements:
• The applicant must be a general-purpose unit of local government such as a county, parish,
city, town, township or municipality. Federally recognized Indian tribes are also eligible for
reimbursement under the LGR Program.
o States are not eligible for reimbursement under the LGR Program and may not request
reimbursement on the behalf of a local government or a federally recognized Indian tribe
within the state.
• The applicant must have legal jurisdiction over the site at which the incident occurred.
• Only one request for reimbursement will be accepted for each eligible incident.
• When more than one local government has participated in a response, the local government
that has legal jurisdiction over the site at which the incident occurred must submit the
application. The application can be made on behalf of all participating local governments. If
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multiple local governments or agencies have jurisdiction over the site, then the respondents
must decide which single government or agency will submit the reimbursement request.
• The local government is not the responsible party. If the local government applying for
reimbursement is also the responsible party, the application will be denied. Responsible
parties (even if they are a local government) are liable for response costs.
• Substances released or threatened to be released must be designated as hazardous under
CERCLA.
Incidents involving petroleum products including petroleum, natural gas, crude oil, or any other
specified fractions thereof that are not specifically designated as CERCLA hazardous substances
do not qualify under this program. However, some mixed waste may be allowable under the
LGR Program. For oil spills, the USCG has a program under which a claim can be made. For
more information, see www.uscg.mil/npfc.
23.5 Requirements for Reimbursement
Once a local government has decided to apply for reimbursement, there are a number of basic
requirements that must be met to comply with the regulations of the LGR Program.
When completing the LGR application, local governments should pay special attention to the
following requirements to facilitate the reimbursement process:
1. Reimbursement cannot supplant local funds normally provided for a response. In other
words, if a local government budgets for emergency response activities, it must draw from
this budget to pay for the cost of a response. However, if a local government's funds have
been depleted, then it may be eligible for reimbursement under the LGR Program. In
addition, other items that may not be budgeted for (e.g., overtime pay, unanticipated
materials and supplies) may also be reimbursable under the LGR Program.
2. Cost recovery must be pursued prior to applying for reimbursement. The applicant must
complete the Cost Recovery Summary Table, included in the application, to document the
background and current status of cost-recovery efforts. It should be clear that all available
sources of cost recovery (e.g., responsible parties and their insurance, the state, and local
government insurance) have been pursued. Although not required, it is recommended that a
copy of all related correspondence also be included in the application to document the
applicant's cost recovery efforts. Potential cost-recovery sources should be given a minimum
of 60 days to respond before an LGR application is filed. By signing the last page of the
application, a local government is certifying cost recovery was pursued.
3. Detailed cost documentation must be submitted with the application. The applicant must
complete the detailed Cost Breakdown Table, included in the application. All costs for which
reimbursement is being requested must be listed and supporting documentation (e.g.,
invoices, sales receipts, time sheets, or rental agreements) must be attached.
Note: Costs incurredfor long-term remedial measures do not qualify under the LGR
Program. Reimbursement is made only for temporary emergency measures conducted in
response to hazardous substance releases or threatened releases.
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4. The application must be signed by the local government's highest-ranking official.
Examples of the highest-ranking official include mayor, city manager, board of
commissioners, county judge, or head of a recognized tribe. In instances where the highest-
ranking local official is unable to sign the application form, a letter of delegation, along with
the application that authorizes a delegate to sign the application on his or her behalf, must be
submitted.
5. Applications must be submitted to EPA within one year of the "date of response
completion." For the LGR Program, the date of completion is the date when all field work
has been completed and all project deliverables (e.g., lab results, technical reports or
invoices) have been received by the local government. (The date of completion is not
determined by cost-recovery efforts, which can continue after an application is submitted.) In
general, a local government should allow at least 60 days for each potential source of
reimbursement to respond to a request for repayment before submitting an application to
LGR. EPA will consider late applications on a case-by-case basis.
23.6 Reimbursement Application
The complete LGR application package, including the LGR application form and a copy of the
LGR regulations (40 CFRPart 310), can be found at https://www.epa.gov/emergency-
response/local-governments-reimbursement-program.
Completed applications should be sent via U.S. Postal Service first-class, unregistered mail to:
U.S. Environmental Protection Agency
Local Governments Reimbursement (LGR) Program
Attn: Brian Schlieger, Mail Code: 5104-A
1200 Pennsylvania Avenue
Washington, DC 20460
Any other method of delivery may delay receipt of the application package due to security
measures at EPA.
Due to the current COVID-19 pandemic and subsequent work-from-home orders, applications
that are physically mailed will not be received and processed in a timely manner. In order to
avoid delay in application processing, applications should be submitted electronically to the
following email address: schlieger.brian@epa.gov.
Applicants should receive a confirmation within one month of receipt of the application. If an
application is complete and it is approved, reimbursements are generally awarded within three to
six months of submittal. If EPA requires more information to process the application, the
applicant will be contacted for further details. This may increase the time it takes for
reimbursement to be made.
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23.7 Frequently Asked Questions
What costs are reimbursable under the Local Governments Reimbursement (LGR)
Program?
All costs for which a local government is seeking reimbursement must be consistent with
CERCLA, the NCP, and federal cost principles by the Office of Management and Budget. In
general, EPA will consider reimbursement for costs of such items as:
• Disposable materials and supplies purchased during a specific response.
• Rental or leasing of equipment used for a specific response.
• Special technical services and laboratory costs.
• Services and supplies purchased for a specific evacuation.
• Payment of unbudgeted wages for employees responding to the specific incident (for
example, overtime pay for response personnel).
Reimbursement cannot supplant local government funds normally provided for emergency
response. All applications must include appropriate cost documentation such as invoices, sales
receipts, leasing agreements or time sheets. In addition, it is essential that applicants certify their
attempts to recover costs from the potentially responsible party, the state and local government
insurance.
What costs are not allowable?
Expenditures that local governments incur in providing what are traditionally local services and
responsibilities are not eligible for reimbursement under the program (e.g., routine firefighting,
preparing contingency plans, training). Unallowable costs also include supplies, equipment and
services routinely purchased to maintain a local government's ability to respond effectively to
hazardous releases.
Other costs that are not allowable are:
• Purchase or routine maintenance of durable equipment expected to last one year or more,
except when contaminated or damaged.
• Materials and supplies not purchased specifically for the response (i.e., already on the shelf).
• Rental costs for equipment owned by the local government or another unit of local
government.
• Employee fringe benefits.
• Administrative costs for filing reimbursement applications.
• Employee out-of-pocket expenses (e.g., meals or fuel).
• Legal and medical expenses related to response activities.
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Who is eligible for reimbursement under the LGR Program?
The governing body of a county, parish, municipality, city, town, township, federally recognized
Indian tribe or general purpose unit of local government is eligible for reimbursement. Special
purpose units of local government (school district, water utilities district) are not eligible under
the LGR Program.
Can more than one application for reimbursement be submitted to EPA for the same
incident?
No. Under the LGR regulation, reimbursement is limited to one request per incident, even when
multiple government entities respond to the incident. The local government with legal
jurisdiction over the site of the incident must submit one application on behalf of all local
governments that responded to the incident.
In the event two applications are submitted for the same incident, EPA will accept only the
application from the local government with legal jurisdiction. In some cases, two local
governments with legal jurisdiction (e.g., a city and a county) may attempt to submit an
application for reimbursement. In these cases, EPA will either return both applications with an
explanation or, if one has already been awarded, the second application will be denied.
This requirement ensures EPA does not reimburse more than $25,000 per response and does not
reimburse local governments more than once. To avoid this situation, EPA strongly encourages
local governments—or agencies within the same local government—to coordinate with each
other when seeking reimbursement under the LGR Program. This will help local governments
obtain the maximum amount of reimbursement funds, particularly in cases where the combined
total of reimbursement requests is less than $25,000.
Can more than one incident be included on a single application?
Yes, applications can be bundled for multiple incidents; however, a local government must
submit all associated necessary information and cost documentation for each incident. In
addition, the incidents should be closely related by type (e.g., 10 anthrax calls in one day) and
occur in around the same time period. The cap for each application is $25,000, even if more than
one incident is included in an application. For this reason, it may be easier to submit a separate
application for each incident to simplify the review process and maximize eligible response
costs.
Is there a cap on the amount of reimbursement?
The law limits the amount of reimbursement available to local governments to $25,000 per
incident. Furthermore, the law limits the total amount of reimbursement funds EPA can award in
a given year. In the event the amount of funds available for reimbursement becomes limited
(e.g., due to increased participation in the program), EPA would prioritize reimbursements
according to the financial burden an incident places on each local government, as specified in the
LGR Federal Regulation (40 CFR part 310).
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How will reimbursement requests be evaluated?
After receiving completed applications from local governments, EPA will screen each
application for compliance with the basic requirements. Each application will be evaluated on its
own merit. EPA will ensure that the costs for which reimbursement is being sought are allowable
and documented and do not supplant local funds normally provided for emergency response, as
well as ensuring that all other possible sources of reimbursement have been exhausted.
During the review cycle, the applicant may be contacted to supply additional information or
clarify information in the application. Based on EPA's evaluation of the application, a request
may be reimbursed (in whole or in part), denied, or held over for reconsideration in instances
where funding is limited or currently unavailable.
How does EPA prioritize reimbursement requests?
Once EPA reviews an application and determines it is complete and complies with all of the
regulatory requirements, EPA calculates the applicant's financial burden. A local government's
financial burden is determined by comparing the eligible response costs to the locality's
aggregate income (i.e., the per capita income of the locality multiplied by the locality's
population). The purpose of this requirement is to provide financial relief to local governments
that face significant financial burden as a result of responding to a hazardous substance incident.
In the event that the amount of funds available for reimbursement becomes limited, the financial
burden formula gives priority to those local governments for which the response costs create the
greatest financial burden. Because the funding ceiling for the LGR Program has not yet been
reached in a given year, EPA has yet to use financial burden to prioritize reimbursements and has
reimbursed all eligible applications to date.
If reimbursements for a given year exceed the total amount of funds available for that year, EPA
will be required to use the financial burden calculation to prioritize reimbursements. However,
EPA may consider other financial information demonstrating a locality's financial hardship (e.g.,
the impact of responding to numerous hazardous substance emergencies in a short time period,
the financial impact of a recent disaster, etc.).
In cases where an application is eligible for reimbursement but cannot be reimbursed due to
limited funds, EPA will hold the application for up to one year and will reimburse the local
government if funds become available.
How can the status of an application be checked?
The status of applications can be checked by calling the LGR Helpline at (800) 431-9209 and
identifying the name of the local government, the incident type, and the date on which the
response occurred.
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Chapter 24. NIMS Compliance Requirements for
LEPCs and TEPCs
The National Incident Management System (NIMS) guides all levels of government,
nongovernmental organizations and the private sector in how to work together to prevent, protect
against, mitigate, respond to and recover from incidents.
Since October 1, 2005, all states were required to meet NIMS implementation requirements to be
eligible to receive federal preparedness assistance in the form of grants, cooperative agreements,
and direct contracts. LEPCs and TEPCs participate in the communities within the states by
assisting in the preparation of response plans to prepare for and respond to chemical
emergencies.
The emergency response plan developed by LEPCs or TEPCs under EPCRA Section 303 are
local EOPs. Incorporation of NIMS into all EOPs within the state is a requirement for states to
be NIMS compliant. Therefore, LEPC or TEPC response plans must be NIMS compliant.
For more information on NIMS plan development, LEPCs and TEPCs should reference the
NIMS guide: Local and Tribal NIMS Integration: Integrating the NIMS into Local and Tribal
Emergency Operations Plans and SOPs, Version 1.0. This guide can be downloaded at
http://www.fema.gov/pdf/emergencv/nims/eop-sop local online.pdf.
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Chapter 25. Chemical Facility Anti-Terrorism
Standards (CFATS) and Emergency
Planning for LEPCs and TEPCs
25.1 Overview
CFATS is the nation's first regulatory program focused specifically on security at high-risk
chemical facilities. Managed by the Cybersecurity and Infrastructure Security Agency (CISA),
the CFATS program identifies and regulates high-risk facilities to ensure they have security
measures in place to reduce the risk that certain hazardous chemicals are weaponized by
terrorists.
Under CFATS, a chemical facility is any establishment or individual that possesses or plans to
possess any of the more than 300 chemicals of interest (COI) in Appendix A . of 6 CFR Part
27. at or above the listed screening threshold quantity (STQ). These facilities must report their
chemicals to CISA via an online survey, known as a Top-Screen. CISA uses the Top-Screen
information a facility submits to determine if the facility is considered high-risk and must
develop a security plan.
The CFATS regulation applies to facilities across many industries—chemical manufacturing,
storage, and distribution; energy and utilities; agriculture and food; explosives; mining;
electronics, plastics; universities and laboratories; paint and coatings; and healthcare and
pharmaceuticals, among others: https://www.cisa.gov/chemical-facilitv-anti-terrorism-standards.
Please visit https://www.cisa.gov/sites/default/files/publications/fs-cfats-overview 508.pdf for
the CFATS overview fact sheet.
25.2 Guidance Documents
The National Association of SARA Title III Program Officials (NASTTPO) organization
developed guidance documents for SERCs, LEPCs, TERCs and TEPCs to comply with CFATS
requirements for emergency planning and exercises.
https://www.nasttpo.com/2019%20Documents/NASTTPQ CFATS-info-2nd-ed.pdf
https://www.nasttpo.com/2019%20Documents/NASTTPQ-CFATS-exercise-compliance-
LEPCs.pdf
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Chapter 26. Measuring Progress in Chemical Safety
A Guide for LEPCs and TEPCs
Many LEPCs/TEPCs have expanded their activities beyond the requirements of EPCRA,
encouraging accident prevention and risk reduction and addressing homeland security in their
communities. Composed of representatives from all segments of the community interested in
emergency planning and preparedness, LEPCs/TEPCs foster a valuable dialogue among
members of the public, industry and government.
The NASTTPO organization developed a guidance document on how LEPCs and TEPCs can
measure their progress and determine if the actions they are taking continue to achieve the
desired outcomes.
Visit NASTTPO's website for this guidance document at
https://www.nasttpo.com/2019%20Documents/measuring progress lepc.pdf
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Appendix A.
Examples of LEPC or TEPC Membership
State/Local Official
Commissioner, sheriff, county clerk, attorney, mayor, state representative,
state emergency management or environmental agency official
Law Enforcement
Police officers, police chief, sheriff, deputies
Firefighting
Fire chief, firefighters
Emergency Management
Emergency preparedness coordinator, emergency coordinators for
businesses
Health
County health department, doctors, mental health hospital, hospital
administrator/director, poison control center
Broadcast/
Communications Media
Newspaper, website developers, public information, RACES, ham radio
clubs, local weather reporters
Print Media
Daily or weekly newspaper editors, reporters, trade journal
editors/reporters
Emergency Medical
Services
Director of county ambulance, EMS technicians
Transportation
Highway department, school bus director, airport authority, trucking
company, transit
Local Environmental
Groups
County extension office, Environmental groups (ex: Sierra Club,
conservation groups, Audubon Society), school environmental program
director
Community Groups
Red Cross, Salvation Army, special needs groups, Animal Shelters,
Ministerial Alliance, Chamber of Commerce, Garden Club, Rotary Club,
Kiwanis, Lion's Club, groups focused on environmental justice issues
Facility
Owners/ Operators
Any representative from a facility using/storing hazardous materials within
your county
Other
Residents, home-owners association, ministers, school administrator,
science teachers
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Appendix B.
Sample Invitation Letter to Request Participation in
an LEPC or TEPC Organization
LEPCs and TEPCs may use this template for reaching out to facilities to participate in
LEPC/TEPC organizations.
[County Letterhead] or LEPC or TEPC Logo
[Date]
[Name]
[Address]
Re: [Local Emergency Planning Committee or Tribal Emergency Planning Committee]
Dear [Enter Name]:
As you may be aware, County / is required
under the federal Emergency Planning and Community Right-to-Know Act (EPCRA) to have
an active and functioning [Local Emergency Planning Committee (LEPC) or Tribal
Emergency Planning Committee (TEPC)].
The activities of this committee include development/maintenance of an emergency response
plan for chemical accidents, receiving chemical reports from covered facilities, and making
that information available to the public.
Representation on the [LEPC or TEPC] from the following groups is required by statute:
state/tribal/local officials, law enforcement, firefighting, emergency management, health,
broadcast/communications media, print media, emergency medical services, transportation,
local environmental group, community group, and facility owners/operators subject to the
provisions of EPCRA.
For us to have a successful [LEPC or TEPC], which is vital in protecting the citizens in our
community from potential chemical accidents, our [LEPC or TEPC] is soliciting individuals
for participation.
Since your facility is subject to the reporting provisions of EPCRA and plays a vital role in the
emergency planning process, it would be valuable to have an individual from your facility
become an active member on the [LEPC or TEPC],
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I would like to extend an invitation for your facility to participate.
Please notify me as soon as possible with your response, as such expertise and knowledge
would be of great value to the [LEPC or TEPC],
The [LEPC or TEPC] meets [number] times per [month, quarter, year] at [time] on the
[number] day of the month.
The meetings begin promptly and last no more than [number] hours unless there is a special
presentation or a special situation that needs to be addressed.
My mailing address is [address]; you can also contact me by email at [email address] or reach
me by phone at [phone number].
Sincerely,
[LEPC or TEPC] Chairperson
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Appendix C.
Sample LEPC or TEPC Membership Update Form
UPDATE FORM
County:
Date:
Area (if applicable):
Presiding officer (county judge/parish president)
(print name):
Presiding officer approval (county judge/parish
president) (signature):
LEPC or TEPC Membership Categories
Note: A single person may represent more than one category and more than one member may represent
a category
State/tribal/local official
Law enforcement
Firefighting
Emergency medical
services
Health/hospital
Broadcast media/print
media
Transportation personnel
Local environmental
group
Community group
Facility owner/operator
Other
emergency management
Advisory to All LEPC or TEPC Members
This information may be made available to the public under the State Open Records Act. Do not include
home address, home telephone, or personal cell phone information.
CHAIRPERSON UPDATE
Name:
Employer:
Title:
Address:
City, state, ZIP:
Membership category:
Phone:
Cell phone:
Email address:
VICE CHAIRPERSON UPDATE (If Appropriate)
Name:
Employer:
Title:
Address:
City, state, ZIP:
Membership category:
Phone:
Cell phone:
Email address:
Is this person a new member of your LEPC or
TEPC? YES/NO
Did this person replace a
previous member? If so, who?
GENERAL MEMBERSHIP UPDATES
Name:
Employer:
Title:
Address:
City, state, ZIP:
Membership category:
Phone:
Cell phone:
Email address:
Is this person a new member of your LEPC or
TEPC? YES/NO
Did this person replace a
previous member? If so, who?
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Name:
Employer:
Title:
Address:
City, state, ZIP:
Membership category:
Phone:
Cell phone:
Email address:
Is this person a new member of your LEPC or
TEPC? YES / NO
Did this person replace a
previous member? If so, who?
Name:
Employer:
Title:
Address:
City, state, ZIP:
Membership category:
Phone:
Cell phone:
Email address:
Is this person a new member of your LEPC or
TEPC? YES/NO
Did this person replace a
previous member? If so, who?
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Appendix D.
Suggested Profile of the LEPC or TEPC
Introduction
The LEPC or TEPC was created to address the safety of the community living or working near
facilities that handle hazardous chemicals. The passage of EPCRA mandates facilities that
produce, use, store or release certain hazardous chemicals to submit reports to state, tribal and
local organizations. It encourages these facilities to initiate community awareness about the
chemicals they use and to work with local governments, emergency response organizations and
neighborhood groups in developing emergency plans in the event of a hazardous chemical
incidents at these facilities.
Mission Statement
The mission of the LEPC or TEPC is to protect and serve all citizens by promoting hazardous
chemical safety in their community. This includes providing an advisory, educational and
technical resource for the development and implementation of safety programs.
Purpose and Function
The LEPC or TEPC shall exist to promote and facilitate the safety of all persons with respect to
their potential exposure to hazardous chemicals that could be released into the environment. The
functions and duties of the LEPC and TEPC are those authorized by these organizations, in
accordance with state r tribal rules and policies, as well as applicable local rules, and in
accordance with, but not necessarily limited to, the provisions of EPCRA.
More specifically, the LEPC or TEPC shall engage in at least the following activities:
• Conduct regular meetings to address all pertinent issues.
• Develop and maintain an inventory of known hazardous chemicals.
• Develop and update a hazard/risk analysis.
• Develop and periodically update emergency response procedures for off-site emergency
response personnel.
• Identify private/public sector resources available to deal with hazardous chemical
emergencies.
• Review, process and respond to requests from the public for pertinent information.
• Review, maintain and process all appropriate reports and records as required by law.
• Develop and periodically update emergency warning procedures and evacuation plans.
• Coordinate training programs on hazardous chemical safety and emergency response
procedures.
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• Coordinate emergency response exercises.
• Provide expertise and compliance assistance to industries and businesses upon request.
• Educate citizens in the community on what to do during an emergency.
• Receive, maintain and disseminate emerging legislation relating to hazardous chemicals.
Suggested Standing Subcommittees for each LEPC or TEPC—Purpose and
Mission
1. Legislative and Scientific
To monitor the status and progress of both existing and proposed legislation/regulations
pertaining to hazardous chemical safety at the federal, state, tribal and local levels; also, to
report all developments, changes or concerns to the LEPC or TEPC) In addition, monitor,
review and collect scientific research efforts, findings and reports on hazardous chemical risk
and safety; provide such information to the LEPC or TEPC and the subcommittees.
2. Funding
To identify sources of both public and private funding, which the LEPC or TEPC may solicit
to further its efforts and then to attempt to obtain such funds.
3. Facility Outreach
To identify businesses that could benefit from the LEPC's or TEPC's efforts and to offer
miscellaneous programs and general assistance to them so they may be in compliance with
all applicable legislation/regulations.
4. Community Outreach
To identify the overall HAZMAT safety needs of the public at large and to offer training
programs, presentations, materials and general assistance to the citizens.
In addition, to compile, organize, and maintain specific information on hazardous chemical
incidents, releases and potential problems—and disseminate such information upon request
from the public.
5. Training and Exercise
To identify training needs for emergency responders and make provisions to satisfy those
needs; plan, coordinate and conduct training exercises.
6. Planning
To review, revise, update and maintain the community's hazardous materials' response plan.
In addition, review hazardous chemical safety/response plans from individual businesses or
industries upon request.
7. Budget Review
To review and oversee all requests for expenditures in excess of (some pre-determined
number), as well as all capital items; make recommendations for approval or denial to the
LEPC or TEPC.
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Appendix E.
Sample LEPC By-Laws
Some LEPCs are established by county, city or parish. Others are established as political
subdivisions. Tribes that do not have TEPCs established may join neighboring LEPCs.
EPCRA Section 303(c) requires LEPCs and TEPCs to appoint a chairperson and establish
rules by which the committee shall function. These by-laws may meet this requirement.
The following is a sample of by-laws developed by LEPCs in various states, which LEPCs
and TEPCs may adopt if they do not have any.
BY-LAWS OF THE COUNTY/PARISH OR DISTRICT LEPC
Article I
This organization shall be known as the (Regional, County, Tribal) LEPC.
Article II
The purposes of the LEPC are those set out in EPCRA and any other lawful purposes which
are assigned to it or permitted by the county and/or the SERC. In keeping with the intent of
EPCRA, all activities of the LEPC will be conducted in a manner encouraging input and
participation from all segments of the community. The LEPC will develop a chemical
emergency response and preparedness plan for the planning district and establish procedures
for conducting its public information and education responsibilities. The plan shall be
reviewed and updated as necessary on a regular annual basis, in accordance with Section 303
EPCRA. The LEPC shall, in addition:
• Receive and process public requests for information.
• Notify the public of all LEPC meetings or activities.
• With the information and reports from facilities operating within the jurisdiction of the
LEPC, and analysis of the district's transportation risks, the LEPC will perform a hazard
analysis;
• Establish and maintain a data base of hazardous chemical locations and quantities in the
district;
• Establish and maintain a system of data management;
• Maintain information on ALL facilities which manufacture, or store, EHSs, and include
this information within the response and plan.
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The LEPC will establish, and notify the public, all meetings, including sub-committee
meetings, open to the public. The LEPC will implement such other and related activities as
may hereafter be legally required by the federal government, the State, or the County
Judge/Parish President. The LEPC will make assessments of resources necessary to
implement the emergency response and preparedness plan, and make recommendations to
appropriate people, agencies, and organizations regarding additional resources needed to
implement the plan.
The LEPC shall be instrumental in fulfilling the purpose of EPCRA to increase community
protection from exposure to chemicals produced, used, stored and/or transported within the
District. Transportation analysis will include those risks to the district from commercial
transportation by rail, highway, aircraft, and waters of commerce.
Article III
Membership will at all times include, at a minimum, representatives of the groups listed in
Section 301 of EPCRA. This includes equal representation of elected state and local officials;
law enforcement, emergency management, fire-fighting personnel, first aid/EMS personnel;
health personnel, local environmental personnel; hospital personnel, transportation personnel,
broadcast and print media personnel; community groups and owners or operators of local
facilities.
The members will be nominated by County / Parish officials and will be approved by the
SERC. Members shall be residents or conduct business in the jurisdictional area of the LEPC.
The membership of the LEPC shall consist of OFFICERS and a Staff. The officers shall
consist of a Chair, a Vice-Chair, an Information Coordinator, and a Secretary-Treasurer. The
LEPC staff members may be either salaried or volunteer personnel. Most LEPC's does not
have a pay salaried for the staff.
Terms of Membership
The County/Parish officials may request the SERC appoint members for specific terms of
office, or the membership of the LEPC may select their officers by ballot or voice vote at a
preselected vote event.
Terms of Office
Membership of an LEPC may select the terms of office to be either one or two years. Existing
officers may be reelected to their existing offices if they so indicate a willingness to continue.
The Chair
The Chair shall preside at all meetings of the LEPC unless they cannot be present at an
announced meeting. An alternate representative can be named to fulfil the obligation by the
existing Chair. The Chair shall serve as an ex-officio member of all committees and shall
perform such duties and acts as necessary to accomplish the goals of the LEPC. The Chair
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shall be empowered to create such other ad hoc committees as necessary to accomplish the
goals of the LEPC.
The Vice-Chair
Upon resignation, or death, or advice of the Chair, the Vice-Chair shall perform the duties of
the Chair. The Vice-Chair shall perform other duties assigned by the Chair.
The Secretary-Treasurer
The Secretary-Treasurer in cooperation with the Information Coordinator shall be the
custodian of all books, papers, documents, and other property of the LEPC.
The Secretary-Treasurer shall attend to the business needs of the LEPC and shall maintain an
accurate record of all monies received and expended for the use of the LEPC.
The Information Coordinator
The LEPC will appoint an Information Coordinator. This person will process requests from
the public for information under Section 324, including Tier Two information under Section
312.
The Coordinator will assist the Secretary-Treasurer in records management and financial
matters. The Information Coordinator will be a non-voting member of LEPC committees.
Inactive Members
Appointed members shall be considered inactive when they have missed more than
consecutive Committee meetings without notification to the Chair of significant reasons why
they were unable to attend the meetings.
An annual report listing members declared inactive will be provided to the SERC.
Removal of Members
The LEPC may ask the SERC to remove a member.
Vacancies
Any vacancy occurring in the LEPC by reason of resignation, death, or disqualification will
be filled by appointment of the Chair, or by identification of a qualified replacement and
nominated, by vote of the membership to fill the position in which such a vacancy exists.
The LEPC Secretary shall submit that person's name, with the recommendation the person
serve the balance of the unexpired term, to the County (Tribal) Commissioners requesting
they nominate this person to the SERC for appointment to the LEPC.
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Article IV
Section 1. Executive Committee.
The Executive Committee will consist of Chair, Vice-Chair, Secretary-Treasurer, and Chairs
of the four Standing Committees described in Section 2. The Information Coordinator shall
serve as a non-voting member of this Committee. The duties of the Executive Committee
shall be to coordinate activities of the Standing and Ad Hoc Committees.
Section 2. Standing Committees.
The following Standing Committees shall be established:
a) Right-To-Know Committee.
This Committee shall be responsible for the formulation of procedures concerning the
public's Right-To-Know program; the formulation of release reporting procedures; the
establishment of trade secret protection procedures, and the formulation of record keeping
and information dissemination procedures for the LEPC.
b) Public Education and Information Committee.
This Committee shall be responsible for reviewing the public alert and notification
program; public relations with affected communities and the public at large; all publicity
of the LEPC; development of public education and information program.
c) Hazardous Materials Facilities Liaison Committee.
This Committee shall be responsible for procedures for identification and communication
with affected facilities. This Committee shall work with the Emergency Response and
Resources Committee and with affected facilities to review and help the local emergency
management office(s) test a hazardous substance emergency response plan for the
planning district as required by law.
d) Emergency Response and Resources Committee.
This committee will work with the Hazardous Facilities Liaison Committee and with exist
emergency response organizations in jurisdictions with the planning district to review and
help local emergency management offices(s) test a hazardous substance emergency
response plan for the planning district as required by law. This Committee shall review
existing federal, state, and local plans for the purpose of coordination with the LEPC
planning process.
Section 3. Ad Hoc Committees.
The Chair may create Ad Hoc Committees as necessary to perform the functions of the LEPC.
Chairs of Ad Hoc Committees shall be appointed by the Chair of the LEPC.
Section 4. Chair of the Standing Committees.
The Chair of the Standing Committees shall be nominated and elected by their respective
committees. The election shall be by ballot, except when there is only one nomination for
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each office, election may be by voice vote.
Section 5. Membership in Standing Committees.
All members must volunteer to serve on at least one Standing Committee and shall not serve
on more than two Standing Committees. Final membership of the Committees shall be
determined by the Chair after consultation with the Executive Committee to ensure all
Committees have sufficient manpower to carry out their assigned tasks.
Section 6. Meetings.
Meetings of the Standing and Ad Hoc Committees may be called by the Chair of the LEPC or
the Chair of the Committee as deemed necessary. All meetings are open to the public.
LEPC meetings in large areas are held monthly. Some states with low population areas have
opted to hold meetings based upon population of their counties or districts.
a) Regular meetings.
The committee shall meet at least quarterly.
b) Special meetings.
The Chair may call such special meetings as may be deemed necessary to carry out the
duties of the Committee. Upon the written request of at least 3 members, the Chair shall
call a meeting with ten (10) days.
c) Hearings.
The LEPC shall hold such public hearings or forums as it may deem necessary, at such
time and places as may be determined by a Committee majority vote.
At least one such public hearing, or forum, shall be held each year for the purpose of
discussing the Committee 's emergency plan with the public, receive and respond to the
public comments of the presented plan.
Section 7. Quorum.
A quorum shall consist of a majority of Committee members, excluding those members
declared to be inactive. A quorum shall be required to transact business.
Designated representatives must be identified by the primary committee member to the
information coordinator or any other board member prior to the meeting.
An individual may not be the designated representative for more than one primary board
member at a time.
Section 8. Agenda.
Any member may request the Chair place an item on the meeting agenda. If the Chair should
decline to do so, a member may have such item placed on the agenda by submitting it in
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writing to the Chair with support signatures of 3 of the membership.
Section 9. Rules of Order.
The deliberations of all meetings of the LEPC and subcommittees shall be governed by
Robert's Rules of Order.
Section 10. Notice of Meetings.
Notice of time, date, place of meeting, and agenda items to be considered at each meeting
shall be given in writing to all members at least two weeks prior to each meeting by the staff
or Chair; and to the Clerk of County/Parish Board.
An annual notice of the regular meeting schedule of the LEPC shall be published in a
newspaper with regular circulation in County/Parish in accordance with
EPCRA. This notice shall specify the meeting designated specifically for receipt of public
comments on the emergency plan.
Section 11. Voting.
Each committee member, or designated representative, including the Chair, shall be entitled
one vote. No member shall vote by proxy.
Members may register their abstention on any vote. The abstention shall be reflected in the
minutes. Members are required to abstain on matters which pose a conflict of interest for
them.
All final actions, committee positions, or policy recommendations shall require the favorable
vote of a majority of those committee members or designated representatives present at a duly
called meeting.
Article V - MISCELLANEOUS PROVISIONS
Section 1. Fiscal year.
The fiscal year shall from October 1 to September 30.
Section 2. Indebtedness.
All indebtedness incurred by the LEPC shall be approved by the Chair before payment by the
Secretary-Treasurer.
Section 3. Approval of Bylaws.
These bylaws shall become effective upon approval by a majority by those in attendance at
the meeting.
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Section 4. Disqualification.
Any member who is unable to attend a meeting may notify the Secretary-Treasurer or
Information Coordinator. Any member with five or more absences is subject to
disqualification at the request to the SERC.
Article VI - AMENDMENTS
Section 1. Amendments.
These bylaws may be amended by a two-thirds vote of members present and voting at any
meeting of the LEPC provided any proposed amendments to these bylaws be submitted to the
members in writing at least one week in advance of the meeting. Any member of the LEPC
shall have the right to comment on or suggest revisions to the bylaws.
Article VII - RULES
PCRA requires the LEPC "shall establish rule by which the committee shall function. Such
rules shall include provisions for public notification of committee activities, public meetings
to discuss the emergency plan, public comments, response to such comments by the
committee, and distribution of the emergency plan."
Section 1. Adoption of Rule; Publication of Proposals.
The LEPC may, as necessary and proper, adopt rules of general application governing the
execution of responsibilities under EPCRA and related applicable regulations. Any such rules
must first be published in proposed form not less than 10 days prior to final adoption by the
LEPC.
Section 2. Method of Initiating Proposed Rule-Making.
Any member of the LEPC may recommend the initiation of proposed rule-making. Any
proposed rules shall be initially considered by the Executive Committee, unless otherwise
decided by the LEPC.
If the Executive Committee, by majority vote approves the proposed rule, it shall thereafter
proceed to publication as provided in the preceding Section.
Section 3. Method of Adopting Final Rules.
Following the expiration of the 10 day comment period, the Executive Committee shall
review all public comments and prepare a statement which responds to comments raised and
discusses the basis for any changes to the proposal.
The Committee shall present such statement to the LEPC. The LEPC shall vote on the
adoption of the proposed rule. If the vote is favorable, the rule shall take effect upon the time
and date the notice of adoption is first published.
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Section 4. Notice of Adoption.
Upon adoption of any rule by the LEPC, the Information Coordinator also shall publish the
LEPC's response to comments received and any changes to the proposal made in response to
such comments. Publication of the final rule shall be in the same manner as that for the
proposed rule.
Section 5. Emergency Rules.
In emergency circumstances, the LEPC may adopt rules without prior public notice and
comment, provided no such rule will remain in effect for more than 90 days.
FINAL RULES
Public Access to Information.
In accordance with Section 324 of EPCRA, all information obtained from an owner or
operator pursuant with EPCRA and any requested Tier Two forms or the MSDS otherwise in
possession of the Committee shall be made available to any person submitting a request under
this Section.
If the owner should request the location of a specified chemical not be identified, the LEPC
shall withhold that information.
All information request to the photocopied by a member of the public, shall be provided at the
sole expense of the requestor(s).
The cost of such reproductions shall be set by the Information Coordinator, with the approval
of the Executive Committee, at a level which will enable the LEPC to recover all reasonable
expenses associated with the processing of the request.
Requests for MSDSs and Other Non-Confidential Information.
Any person may obtain an MSDS with respect to a specific facility by submitting a written
request to the Committees Information Coordinator.
The facility shall provide the MSDS copy with days of the written request. Any
person may request any other non-confidential information concerning a facility which may
be held by the Committee by submitting a written request to the Committee's Information
Coordinator.
Requests for Tier Two Information.
Any person may request Tier Two information with respect to a specific facility by submitting
a written request to the committee in accordance with the following requirements:
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a. If the Committee does not have in its possession the Tier Two information as requested, it
shall request a submission of the particular Tier Two form from the owner or operator of
the facility subject to the request, provided the request is from a state or local official
acting in his or her official capacity or the request is limited to hazardous chemicals stored
at the facility in an amount in excess of the threshold planning quantity.
b. If the request does not meet the requirements, the Committee may request submission of
the Tier Two form from the owner or operator of the facility subject to the request if the
request includes a general statement of need.
This Document, the Constitution and By-laws of (County, Regional)
LEPC, Adopted at the Regular Meeting of the LEPC on this Day of ,
Year).
LEPC Chair
Date Signed
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Appendix F.
Examples of LEPC Mission Statements
When developing, or revising, the by-laws for the LEPC or TEPC, a strong mission statement
should provide citizens and the LEPC or TEPC members with an understanding of the direction
the LEPC plans on taking.
The mission of the LEPC or TEPC is to protect and serve all citizens by promoting hazardous
materials safety in all segments of the community. This includes providing an advisory,
educational and technical resource for the development and implementation of hazardous safety
programs, both locally and countywide.
Below are sample mission assignments from a few LEPCs in Region 6, which can be tailored for
each LEPC or TEPC.
Calcasieu Parish, LA
Appointed by the SERC, the LEPC includes representatives from state and local government,
law enforcement, civil defense, firefighting, first aid, health, environmental and transportation
agencies, hospitals, broadcast and print media, community groups, and businesses that are
subject to EPCRA requirements.
The LEPC develops an emergency plan, which is reviewed annually, to prepare for and
respond to chemical emergencies. The LEPC also receives emergency release and chemical
inventory information from local facilities and make this information available to the public on
request. They also have the authority to request information from facilities for their own
planning purposes. Every LEPC serves as a focal point for each community for information
and discussions about hazardous substances, emergency planning, and health and
environmental risks.
LEPCs can be effective in taking steps to educate the public about chemical risks and working
with businesses to minimize those risks.
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Dallas County, TX
Mission: The mission of the LEPC is to:
• Develop a comprehensive hazardous materials emergency response plan for our
community. To be effective, planning must be an ongoing activity.
• Receive and record information about chemical releases
• Collect, manage, and provide public access to information on hazardous chemicals in our
area.
• Educate the public about the risks from accidental and routine releases of chemicals and
work with facilities to minimize the risks.
Bernalillo County, NM
To support the Albuquerque/Bernalillo County Office of Emergency Preparedness to keep the
community safe from the effects of hazardous materials in order to assure effective response to
hazardous materials emergencies.
Deer Park (Harris County) TX
The LEPC is a non-profit community organization composed of city and school district
officials, police and fire emergency response personnel, industry and environmental
representatives, news media, and interested citizens of Deer Park.
LEPC members work together to develop plans to educate, communicate, and protect our local
community in case of a chemical release.
Under terms of our By-laws, the purpose of the LEPC is to:
1. develop, train, and test a hazardous substances emergency response plan
2. develop procedures for regulated facilities to provide notification of a hazardous release to
the LEPC
3. develop procedures for receiving and processing community right-to-know requests from
the public
4. provide for public notification of committee activities.
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Jasper County, TX
In addition to its formal responsibilities, the LEPC serves as a focal point in the community for
information and discussions about hazardous substances, emergency planning, and health and
environmental risks. Citizens will expect the LEPC to reply to questions about chemical
hazards and risk management actions. It can also anticipate questions about the extent and the
health and environmental effects of routine toxic chemical releases.
Even though this information is not required by the law to be sent to LEPCs, EPA and the
states are working together to ensure this information is available at the local level.
Many companies are voluntarily providing local committees and other citizens with this
information.
An LEPC can most effectively carry out its responsibilities as a community forum by taking
steps to educate the public about chemical risks, and working with facilities to minimize those
risks.
The value of the information provided by EPCRA will be limited unless citizens are given the
means to understand the information and its implications. The LEPC's ability to improve the
safety and health of its community will be greatly enhanced by the support of an informed and
active citizenry.
Larimer County, OK
The LEPC's mission shall be to enhance and create plans directing the response to hazardous
materials incidents, increase compliance with hazardous materials reporting requirements and
to offer access to information on the storage of such materials, for the benefit of the county's
residents, businesses and industries.
The Committee shall carry out its mission in Larimer County in compliance with EPCRA and
other federal, state and local requirements in such a way that meets both the letter and spirit of
those requirements and that enhances and encourages a partnership between county residents,
businesses and industry through an exchange of information and mutual planning.
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Hidalgo County, TX
The LEPC is made up of city and county officials, law enforcement, fire and emergency
medical personnel, representatives of area industries, the media, and volunteer organizations.
In 1986, the U.S. Congress passed a law called EPCRA, requiring every county in the nation
to form and maintain an LEPC. This group supports emergency planning for chemical hazards
and provides local government and the public with information about possible chemical
hazards.
In short, LEPC members are your co-workers, friends, and neighbors, who prepare for
emergencies, which might pose health and safety hazards to Hidalgo County residents.
Such emergencies include releases of hazardous chemicals from any of the plants within the
county or from any of the thousands of trucks and railroad cars which carry them through the
county each year. They also include natural disasters such as hurricanes and tornadoes, as well
as spills of everyday chemicals like gasoline or agricultural chemicals and pesticides.
Year round, LEPC members meet to discuss response plans and means of better informing the
public—that's YOU—about what to do when an emergency occurs.
They participate in drills at industrial plants, they help find ways to improve safety and aid the
various involved organizations—police, sheriffs, fire and EMS departments, school districts
and other governmental agencies, hospitals, civic and volunteer groups—work smoothly
together in the event of an actual emergency.
Curry County, NM
To coordinate with the Clovis-Curry County Emergency Management Director and all first
response agencies to make resources available to keep the community safe from the effects of
hazardous materials and any other natural/man made hazards, and to assure effective response
to all emergencies.
VISION: That the population of Curry County be well informed about the hazardous materials
present in the community and know how to respond appropriately to emergencies.
Further, that businesses and agencies with hazardous material/operations are knowledgeable of
their legal obligations under EPCRA and the compliance processes made available through the
Curry County LEPC.
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Muskogee County, OK
Muskogee County LEPC, Protecting You and the Environment.
While we enjoy an excellent quality of life, living in our community has never been and will
never be risk free. Hazardous materials are manufactured here and are transported through our
county by pipelines, trucks, air, and trains.
The risk, however slight, always exists for an accident to occur. The LEPC was created in Fall
of 1987. The LEPC brings together an Emergency Management Team which includes state,
county, and city officials, Industry response representatives, the Medical community, News
media Environmental organizations, and Community Service Organizations.
The objectives of the LEPC are to develop Hazardous Material Inventory and Release
Reporting procedures, and the development of a comprehensive Emergency Response Plan to
be implemented in the event of a hazardous material release in our area.
The success of any Emergency Response Plan also depends upon an informed and educated
public.
• What would you do if a hazardous material emergency occurred near your home or your
place of work?
• What would your child's day care provider or school do?
This information is to inform you on what to do in case of a hazardous material emergency in
our County and educate you on how to obtain information on potential chemical hazards and
chemical storage inventories within our County.
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Appendix G.
Holding an Effective LEPC and TEPC Meeting
Regular Meetings
This section of the LEPC-TEPC Handbook will offer some suggestions on how to conduct more
productive meetings. The LEPCs and TEPCs have many tasks they must perform, and the
members are volunteers; their time is valuable, and to be successful, the LEPC and TEPC must
operate in a businesslike manner. In order to keep members motivated, regular scheduling of
meetings is essential.
Regular meetings offer members the opportunity to continue plan review and revision. Regular
meetings also allow the LEPC and TEPC to broaden its role in the community to meet the
capabilities and the commitment of its members, as well as address local issues and work toward
progress on key concerns. The frequency of LEPC or TEPC meetings is not mandated.
Circumstances change frequently, along with key phone numbers and contacts. Regular meetings
also offer the opportunity for the LEPC or TEPC participants to become familiar with each other
and their roles in the community.
Some LEPCs have their meetings on the same day each month so schedules can be planned in
advance. Some have their meetings during the lunch hour and the involved agencies and industry
take turns providing lunch during the meeting. A well-thought-out agenda is an important tool
for conducting effective meetings.
The agenda should identify specific issues to be discussed at the meeting. If time constraints are
a factor, each agenda item may be assigned a time limit.
Each committee member should be sent a copy of the agenda one to two weeks before the
meeting. With this, you can also send any pertinent information to allow the participants to
prepare for the meeting.
Public Meetings
Public meetings offer a clear and immediate benefit; however, public meetings should be used
sparingly. LEPCs and TEPCs should hold public meetings to present or review emergency plans.
A large public meeting could be useful after an accident when many people have questions.
If a current emergency plan has become controversial, a meeting could offer the community a
chance at wider participation in revising it. Again, the LEPC or TEPC chairs should determine
how requirements under state or tribal rules may apply to LEPC or TEPC meetings. Posting of
meeting dates, times and locations, public comments, and a recording of meeting minutes may be
subject to state or tribal rules.
LEPCs and TEPCs are encouraged to seek topics, speakers, invitations from facilities and
response organizations, and other opportunities to expand knowledge from a wide variety of
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sources. Each meeting should have a record keeper who will produce minutes and a record of all
actions.
A copy of these minutes should be provided to all the members of the LEPC or TEPC, and the
state (or tribal) Office of Emergency Management. Although LEPCs and TEPCs should attempt
to have regularly scheduled meetings, it may be beneficial to move meetings to different
locations within the county/planning district. This will allow participants that may not be able to
attend at one place and time the opportunity to attend at another.
How to PITCH a Better Meeting
PITCH is the acronym for the process of conducting better meetings:
• Plan
• Inform
• Target
• Contain
• Hasten
PLAN the meeting, being clear about:
• The purpose of the meeting.
• Agenda items.
• The desired outcome.
• What arrangements need to be made.
• How long the meeting will last.
INFORM meeting participants of:
• The purpose of the meeting.
• Agenda items.
• The desired outcome.
• Date, time and location.
• Any previous assignments.
TARGET productive discussion by:
• Stating and clarifying the purpose of the meeting.
• Getting agreement on desired outcomes.
• Allowing for modification of the agenda (including adding/deleting items, changing the order
or adjusting the time allocated).
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CONTAIN discussion to the agreed-upon agenda by:
• Having someone in charge and someone to act as recorder.
• Adhering to the agenda unless the group explicitly agrees to alter it.
• Confronting behavior that diverts group from attaining its outcomes.
• Encouraging each LEPC or TEPC member attending to participate fully.
• Getting agreement on action steps, responsibilities and target dates.
HASTEN the completion of agreed-upon desired outcomes by:
• Summarizing the meeting.
• Recording the decisions that were made.
• Recording the names of persons responsible for implementing action steps and the target
dates.
• Agreeing on a date for the next meeting.
• Evaluating every meeting and agreeing on ways to improve.
• Editing and distributing minutes.
• Putting unfinished business on the agenda for the next meeting.
• Following up and encouraging task completion.
• Monitoring and evaluating the results achieved by the group.
Role of the Chairman or Meeting Facilitator
• Summarize the last meeting.
• Appoint a recorder.
• Remind members of any commitments or agreements they make for this meeting.
• Review and clarify the agenda if necessary.
• Prioritize tasks if the agenda hasn't already done so.
• Establish specific outcomes desired for this meeting.
• Establish time frames for each task.
• Keep the meeting moving.
Keeping a Meeting Going
The chairman or meeting leader should:
• Keep the members on task.
• Check for agreement or disagreement
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• Track progress on the agenda.
• Provide feedback to group—summarize, paraphrase, restate frequently.
• Protect against domination by a few individuals.
• Call on silent members to participate.
• Protect individuals from personal attack.
• Suggest alternatives or options.
• Bring conflicts to the surface.
• Call for breaks.
The Role of the Recorder
The recorder is not the LEPC or TEPC secretary. In fact, the secretary cannot perform both the
duties of the secretary and recorder at the same time. The recorder keeps track of what is actually
occurring during any given project or discussion period of the meeting.
This information is recorded on flip charts and posted on the walls so the members can keep
track of where they are and what still needs to be done.
Preparation
• Ensure a supply of flip charts, markers and tape.
• Use two flip chart easels so you can move from a completed page to a fresh one without
interruption.
• Tear off small pieces of masking tape and attach them to the edge of the flip chart easel
before the meeting to speed the posting of completed flip chart pages.
Execution
• Tell the members you will record the substance of member contributions as you hear them,
and you expect them to review what you've recorded for accuracy.
• Ask for a volunteer to help you post completed pages.
• Record the speaker's words, not your own.
• Do not record names.
• Write legibly but quickly so as not to dampen the group's energy. Don't print unless you
print faster than you write.
• If ideas come too fast, ask for help.
• You may express ideas the same as any other member, but remain unobtrusive as the
recorder.
• Use different colored markers, numbers, stars, etc. to organize data and for different
headings, for emphasis, etc.
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• Use only commonly understood abbreviations.
• When you summarize a long idea in key phrases, ask the speaker if you have accurately
recorded the idea.
Completion
• Number each page to help keep completed sheets in order.
• At the end of the meeting, compile and label the completed flip chart pages, and make sure
they are safely stored and made available for the next meeting, if the project carries over into
the next meeting.
• Make sure the members agree on what will be done with the record once the project is
complete. You may want to save it, or you may want to discard it or make some other use of
it.
Conducting a Meeting
The following guidelines for conducting a meeting are presented for your review and
consideration:
Before the Meeting
• Have a specific purpose/objective for each meeting.
• Identify topics and material to be covered.
• Invite key people, guest speakers/presenters.
• Establish an appropriate time frame and neutral place for meeting.
• Prepare an agenda.
• Notify membership of meeting times and distribute the agenda (early).
• Make logistical arrangements—space, seating, audio/video, etc.
• Define scope, goals and objectives of LEPC or TEPC.
At the Beginning of the Meeting
• Start on time.
• Clarify the purpose/objective of the meeting.
• Introduce guests or new personnel.
• Clarify ground rules, e.g., one topic/speaker at a time, etc.
• Establish time objective.
• Appoint a recorder.
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During the Meeting
• Make an opening statement and review the minutes of the last meeting.
• Focus on one agenda item at a time, keep the meeting on track.
• Prioritize tasks if the agenda has not already done so.
• Collect and clarify relevant information.
• Maintain control over time and discussions.
• Record ideas and action items.
• Summarize information discussed.
• Reach agreement on specified decisions and actions.
• Keep the meeting moving—do not get distracted or digress off topics.
At the End of the Meeting
• Review action items and responsibilities (who will do what, when).
• Summarize and set follow-up date(s).
After the Meeting
• Prepare minutes and/or follow-up correspondence if necessary.
• Follow up on action items.
• Ask yourself, "What went well?" and "What could be improved?"
Guidelines for Individual LEPC or TEPC Members on Becoming a Better
Participant at Meetings
In accordance with Section 301 of EPCRA, the LEPC or TEPC is composed of individuals that
represent various types of agencies, departments, organizations, groups or occupations within the
planning district, whether the district is a county, a zonal district, a zone within a county, or a
tribal region (i.e., law enforcement, fire, EMS, health, ARC, elected officials, emergency
management, media, local environmental, hospital, transportation personnel and community
groups). These members must represent their constituents in ALL LEPC or TEPC activities and
must provide a channel of information and coordination.
Individuals selected as LEPC or TEPC members must realize their responsibilities, and to be
successful, must actively represent their constituents in all LEPC or TEPC activities and provide
them timely information about the LEPC or TEPC—and, in turn, share their concerns and needs
with the LEPC or TEPC.
The following guidelines outline actions each individual member should consider in order to
become a better-informed and more productive participant in the activities of the committee.
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Before the Meeting
• Review the agenda items and clarify the purpose of the meeting.
• Consider your input in regard to agenda items.
• Gather/prepare any materials/information you may need.
• Talk to people you represent about agenda items and get their comments.
• Arrange material to present in a clear and concise manner.
• Take writing materials with you to the meeting.
During the Meeting
• Arrive on time; be seated and ready to go at the announced start time.
• Participate in discussions and activities.
• Listen to what is being said and consider your comments if needed.
• Stay on the subject being presented.
• Be prepared to present your information and ideas clearly/concisely.
• Avoid side conversations, pay attention and be polite.
• Take your own notes—don't rely strictly on the minutes.
At the End of the Meeting
• Get the date of the next meeting.
• Clarify and items you need to follow up on before the next meeting.
• Ask yourself, "How did I represent my constituents?"
• Remember all LEPC or TEPC members are equal and have a responsibility to represent their
peers.
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Appendix H.
Facility Questionnaire to Obtain Additional
Information for Emergency Planning
As mentioned in Chapter 3, LEPCs and TEPCs around the country, when focusing on planning
for facilities that store or handle EHSs, have developed questions to submit to those facilities to
support the planning process.
Below is a sample questionnaire an LEPC or TEPC may want to ask facilities in their community
to complete.
LEPCs and TEPCs have the authority under Section 303 of EPCRA—"Upon request from the
emergency planning committee, the owner or operator of the facility shall promptly provide
information to such committee necessary for developing and implementing the emergency
plan"—to request this information be supplied.
While this provision of the statute is normally interpreted to apply to those facilities with EHSs
above the TPQ, LEPCs and TEPCs can also use this information for other facilities that may
pose a hazard to the community or responders during an incident. Therefore, LEPCs and TEPCs
should encourage other facilities to complete this questionnaire to assist in the planning process.
FACILITY QUESTIONNAIRE
INTRODUCTION
Each facility that has reported an EHS in an amount that exceeds its TPQ as outlined in
Section 302 of EPCRA, Chapter 2 of this document, or significant amounts of hazardous
chemicals on their Tier II form, is being asked to complete this questionnaire. The
questionnaire should benefit your internal emergency planning and will be the first step in a
cooperative planning process involving your facility, the local fire department and the LEPC
or TEPC.
Additionally, those facilities which store or handle other hazardous chemicals that may be
dangerous to the community or responders during an incident are requested to complete this
questionnaire. Please complete this (please use N/A in fields normally left blank) and return
to:
(LEPC or TEPC organization address or of a representative of LEPC or TEPC) .
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I. FACILITY IDENTIFICATION
A. Facility Name:
B. Dept./Division where hazardous materials are kept:
C. Street Address:
D. Between Cross Streets:
and
E. City:
Zip Code:
F. Township:
Section #
Range:
G. Facility Owner/Manager:
Office Phone:
H. Facility Emergency Coordinator, Alternate, and Phone Numbers
1. Coordinator Name:
Home Phone:
Office:
24 Hour Phone:
2. Alternate Name:
Home Phone:
Office:
24 Hour Phone:
I. Nature of Business: Manufacturing Storage Retail Sales Agriculture Other
II. CHEMICAL INFORMATION
A. CHEMICAL INVENTORY—Extremely Hazardous Substances
1. CAS #
Chemical Name
Storage Location
Method of Storage
Average Amount
Maximum Amount
Frequency/Method of Shipment
2. CAS #
Chemical Name
Storage Location
Method of Storage
Average Amount
Maximum Amount
Frequency/Method of Shipment
3. CAS #
Chemical Name
Storage Location
Method of Storage
Average Amount
Maximum Amount
Frequency/Method of Shipment
B. CHEMICAL INVENTORY—Other Chemicals of Concern
1. CAS #
Chemical Name
Storage Location
Method of Storage
Average Amount
Maximum Amount
Frequency/Method of Shipment
2. CAS #
Chemical Name
Storage Location
Method of Storage
Average Amount
Maximum Amount
Frequency/Method of Shipment
3. CAS #
Chemical Name
Storage Location
Method of Storage
Average Amount
Maximum Amount
Frequency/Method of Shipment
C. Chemical Location Map: Include a facility map(s) illustrating buildings and chemical locations within the
buildings.
III. CHEMICAL RELEASE DETECTION AND PROCEDURES
Describe facility methods for detecting a release and the procedures followed once a release has been detected
A. Include equipment (automatic sensors, etc.) that has been installed, or describe the method used to detect
releases, e.g.. sight and smell by employees or security
B. Include personnel that have this as one of their duties (security, etc.). Describe the training they have had,
their capabilities. 24-hour operations, the procedures they follow, etc.
C. Describe the steps that take place at the facility once a release is detected. Who is notified? What does this
person do?
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IV. OTHER FACILITIES THAT MAY CONTRIBUTE ADDITIONAL RISK
List other facilities nearby which store or manufacture hazardous substances that may be affected by a release
causing the situation to escalate.
A. Name of Facility:
B. Address:
C. Telephone Number:
D. Facility Emergency Coordinator:
E. Distance from primary facility:
F. Conditions that may cause additional risk (fire, runoff, and incompatible substances):
V. OTHER AREAS OF CONCERN
List other areas, structures, etc., such as water intakes, drains, sensitive areas, rivers, etc., which could contribute
additional risk or be subject to risk due to an incident at this site.
A. Utilities
1. Gas Lines
2. Electric
3. Water Lines
4. Sanitary Sewers
5. Stonn Sewers
6. Water Supply Reservoirs
B. Natural Amenities
1. Lakes or Streams
2. Parks
3. Other (schools, daycare, adult care, nursing homes)
C. Artificial Amenities
1. Shopping Malls
2. Hotels
3. Highways or Public Transportation
4. Railroads
5. Airports
6. Other Industries
7. Other
VI. RESPONSE PROCEDURES
Describe briefly the procedures the facility will implement in the event of a release.
VII. NOTIFICATION
A. Describe employee alert and warning procedures.
B. Describe any public alert and warning equipment and procedures available.
C. Describe any ongoing public/employee education process.
VIII. FACILITY EMERGENCY RESOURCES/EQUIPMENT
A. Chemical Emergency Monitoring Equipment
Quantity
1. weather instrument
2. radiation detector
3. pH meters (indicate fixed or portable)
4. chlorine kits (A.B.C.)
5. combustible gas indicator
6. oxygen concentration meter
7. colorimetric indicator tubes (e.g.. Draeger tubes)
8. other monitoring equipment
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B. Personal Protective Equipment
1. positive pressure respirators
2. full protective turnout gear
3. SCBA
4. SCBA tanks (duration)
5. boots and gloves
6. helmets with eye protection
7. mobile cascade
8. cascade with compressor
9. fully encapsulated suits (indicate type)
10. other
C. Trained Emergency Response Personnel
1. first responder awareness
2. first responder operations
3. specialist/technician
4. emergency medical employees
5. other expertise (chemists, engineers, etc.)
D. Equipment/Supplies
1. foam (indicate type)
2. sand
3. off-road vehicles
4. communications vehicles
5. multi-purpose vehicles
6. portable radios
7. rescue squad
8. EMT
9. paramedic
10. fire brigade:
a) pumper
b) ladder truck
c) tanker
11. Other equipment / supplies:
E. Is the facility willing to share the above equipment/supplies for an emergency not involving their facility?
Equipment and supplies available will be listed in the County Resource Manual.
Within your community Yes No Within (county name) Yes No
If yes: which equipment/supplies:
Does facility expect compensation? (attach any conditions for compensation) Yes No
F. Does the facility have training resources/programs?
1. Staff Yes No
2. Public use Yes No
3. Describe:
G. Identify additional professional/technical resources that may be called upon by the facility to support
regular staff in the event of an accident:
Name Organization
Telephone Home Telephone Work Specialty
H. Identify emergency equipment/supplies facility has made available to community or County. Information
can be integrated into the County Resource Manual
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I. Mutual aid agreements the facility has with either private or public emergency response personnel:
Company Name Contact Person Telephone Number
J. Hazardous Materials Standard Operating Procedures (SOP):
1. HazMat Emergency Response SOP
2. HazMat Decontamination SOP
3. HazMat Medical Surveillance SOP
4. Other emergency response plans which deal with HazMat
K. Contractor clean-up companies the facility has identified:
Company Name Contact Person Telephone Number
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Appendix I.
Planning Principles and Perils: A Guide to Effective
Planning
1. Minimum Requirements for the Plan
Under the federal law, each LEPC and TEPC is required to develop an emergency response plan
and review this plan at least annually thereafter.
In developing this plan, the LEPC and TEPC should evaluate available resources for preparing
for and responding to a potential chemical accident, or an act of nature which involves the
spillage of chemical releases into the environment.
The plan should:
• Identify facilities and transportation routes of EHSs and other hazardous chemicals.
• Identify additional facilities which could be subjected to additional risk due to their
proximity to facilities subject to the requirements mentioned above, such as hospitals,
nursing homes, schools, prisons or others.
• Describe emergency response procedures for handling chemical releases at a facility, both
on-site and off-site.
The following procedures should be followed by facility owners and operators, local emergency
responders and medical personnel responding to an incident:
• Designate a community emergency coordinator and facility coordinator(s) to implement the
plan.
• Develop reliable, effective and timely notification procedures for facility emergency
coordinators to convey information to community emergency coordinators and to the public
when a release has occurred.
• Describe methods for determining the occurrence of a release and the probable affected area
and population.
• Describe community and private industry equipment available for response operations and
identify the persons responsible for the equipment.
• Define training programs for emergency response personnel and the schedules of training for
emergency response and medical personnel.
• Present methods and schedules for exercising emergency response plans to emergency
responders, emergency medical personnel, fire service and law enforcement agencies.
• The plan thus developed shall be reviewed at least once a year, or more often as
circumstances within the community or facilities changes.
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2. Reviewing and Testing the LEPC and TEPC Emergency Response Plan
("Plan")
The LEPC and TEPC plan is required to be reviewed at least once a year. Most planners agree
the best way to review a plan is to test, or exercise, it. There is no requirement the plan must be
tested each year; however, the LEPC is required to establish a schedule for testing the plan.
Each LEPC and TEPC, in conjunction with the emergency management office, should determine
the level of review and exercise to be conducted each year. In testing the plan, the following
areas should be evaluated to represent the minimum requirements for qualification as an
exercise.
In addition, jurisdictions are encouraged to test areas particular to their part of the plan.
Reviewers of the plan should examine the plan for the following items:
• Does the plan attempt to reduce the unknown in a situation?
• Are the aims of the plan to evoke appropriate actions?
• Is the plan based on what is likely to happen?
• Are the basic tenets of the plan based on knowledge of actual problems and solutions, or
upon myths and misconceptions?
• Does the plan operate as a continuous process?
• Does the plan focus on principles rather than concrete details?
• Does the plan overcome resistance in thinking and established methods of response because
of limitations of money, time and effort?
• What parts of the plan are an educational activity?
3. Characteristics of a Good Plan
A good plan should have the following characteristics:
• It is simple.
• It provides for accomplishing the mission.
• It is flexible.
• It is based on facts and solid assumptions.
• It provides for continuity.
• It provides for the use of existing resources.
• It delegates authority while maintaining necessary control.
• It provides for the necessary organization.
• It coordinates all elements of the response.
• It establishes relationships and responsibilities.
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4. Common Pitfalls in the Planning Process
• Lack of integration of emergency planning into the facility's total management system.
• Lack of understanding about the different dimensions of emergency planning.
• Managers not involved.
• Top management inflexibility.
• Top management expects immediate results from the planning process.
• Confusing financial projects.
• Planning responsibility wrongly placed in a separate department rather than coordinated
through several departments.
• Too much is attempted too soon.
• Failure to operate by the planning process action plan.
• Lack of broad input into the planning process.
• Failure to see the big picture.
5. The Top Ten Common Weaknesses of Disaster Planning
• No systematic collection of information.
• No systematic dissemination of information.
• No provision for establishing on-scene command or management.
• Not able to achieve inter-organizational coordination.
• Specific responsibilities are not described.
• Incomplete hazard assessment and analysis.
• The plan is not exercised.
• No provision for updating or revising the plan.
• No concern for the users of the plan.
• Plan is not distributed to agencies involved.
6. Warning Signs of Insufficient Preparedness
• A lack of urgency or priority about emergency planning among management and employees.
• Confusion about roles and commitment to emergency planning.
• Confusion about community roles and responsibilities regarding disaster planning.
• Lack of a viable disaster plan that is part of the daily facility process.
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Appendix J.
Sample Facility EPCRA Section 302 Planning Letter
Submitted to SERC/TERC, LEPC/TEPC
As required under EPCRA Section 302(c), if the facility acquires a new EHS at or above its
TPQ, the facility is required to notify their SERC/TERC and LEPC/TEPC within 60 days.
LEPCs and TEPCs may ask facilities in their planning district to fill out this template for
notifying them and the SERC or TERC if the facility is subject to emergency planning
notification.
[Facility Letterhead]
[SERC or TERC Address]
[ LEPC or TEPC Address]
To the SERC or TERC /LEPC or TEPC Information Coordinators:
This is the emergency planning notification required under Section 302 of the Emergency
Planning and Community Right-to-Know Act for the following facility:
NAME OF FACILITY
ADDRESS OF FACILITY
CITY, STATE, ZIP
This facility stores or uses the following Extremely Hazardous Substances on-site above the
threshold planning quantity as specified in 40 CFR Part 355:
CAS#, CHEMICAL NAME , QUANTITY (in pounds)
1
2
3
4
5
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6.
7
If additional emergency planning information for this facility is necessary, please contact our
Facility Emergency Coordinator, , at
(phone) or (email).
Sincerely,
Owner/Operator of Facility
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Appendix K.
Energize Your LEPC—Region 7 Newsletter
This newsletter was developed by Region 7 in 2010. While the heading says, "Energize Your
LEPC," these suggestions can also be applied to TEPC organizations as well as LEPC
organizations.
Acknowledgements: The content of this document was written by Fatimatou Ndiaye, M.P.A., U.S.
EPA, Region 7, with contributions from J.J. Deckert, Grant County, Kan., LEPC; Addie
Homburg, Ellis County, Kan., LEPC; SwapaK. Saha, Ph.D., Kansas Division of Emergency
Management; and Patricia Reitz and Kim Olson, U.S. EPA, Region 7.
I. INTRODUCTION
EPCRA was enacted by Congress to help
local communities prepare for and respond
to chemical emergencies. EPCRA requires
facilities to report chemical storage and
release information and instructs
communities to develop emergency response
plans. Each state governor must appoint a
SERC. The SERCs are to design and appoint
emergency planning districts and LEPCs,
which have a vital role in coordinating
information on chemical storage, emergency
planning, and chemical spill response. In
addition, the Clean Air Act of 1990 under
Section 112(r), or the RMP, was created to
prevent chemical accidents at facilities using
extremely hazardous substances.
While LEPCs play a critical role, they often
have difficulty maintaining member
participation. Many communities are more
reactive than proactive on emergency
matters. For example, immediately after the
9-11 terrorist attack in 2001, LEPC members
were very involved because of public
interest in emergency planning. However,
the momentum slowly declined two years
after the major event.
Hurricane Katrina, which devastated the
Gulf Coast area in 2005, is an example of an
event that generated significant interest in
emergency planning. Better planning and
preparedness may have improved the
response, which could have minimized loss
of life. Competent and energized LEPCs are
more likely to have a proactive approach and
respond effectively to their community
emergency needs. It takes conscientious
effort to maintain the participation of LEPC
members through innovative ideas, practical
exercises, constant motivations and
incentives.
The bottom line is that effective planning
saves human lives and reduces property
losses and environmental impacts during
emergencies.
A group of planners met at the 2007 Region
7 LEPC and TERC Conference. They felt it
was time to build a focus group and address
the issue of energizing LEPC member
participation. The practical tools collected at
that event are included in this document.
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II. LEPC ENERGIZING
TECHNIQUES
The following recommendations were
identified and chosen as essential factors in
energizing and maintaining effective
participation at the local level:
• Continuing Education
• Focus on Effective Leadership
• Team Building
• Empower to Complete Meaningful Tasks
• Recognize Contributions
• Stay Positive
• Remove Hindrances
Continuing Education
We live in a changing world, and LEPC
members need to be proactive in emergency
response by being up-to-date with new legal
requirements and technological standards.
There are readily available courses and
informational resources with no or low fees
for the continuous educational growth of
LEPCs. New technical resources and
guidance to assist local emergency planners
have been developed in recent years.
Governments at all levels (local, state, and
federal) schedule regular conferences,
workshops and seminars to develop
professional competence and credibility and
share new information with planners and
responders.
Roles and Responsibilities
The fundamental step of building effective
LEPCs starts with members understanding
their roles and responsibilities. Expertise
requirements for membership are found in
EPCRA and other regulations. Members
who understand their personal and legal
responsibilities to the community are more
likely to regularly participate in LEPC
training activities. The EPA and state
agencies can provide compliance and
outreach assistance, and they have a wealth
of information on various emergency
subjects available to the public.
By-laws
Both verbal and written instruction about
their committees' bylaws (if any) should be
included in the members' education. For
visual learners, having a hard copy of the
bylaws is a useful tool. Revising bylaws can
be productive when performed as a
collective exercise.
Safety Training
Continuous training on the subject of safety
is also crucial in maintaining volunteers'
interest. Regular safety classes can be taught
in formal and informal settings.
Examples of formal classes are OSHA
HAZWOPER and First Aid & CPR
trainings, which have periodical renewal
requirements. Informal safety classes can be
site visits at plants or facility tours where
LEPC members gain practical experiences
with different protective equipment. Routine
scheduled trainings allow LEPC members to
stay motivated by building their confidence
and credentials.
LEPC Meetings
An educational component must be an
integral part of the LEPC meeting agendas.
Examples include a slide presentation or
video viewing of a recent emergency
response event. Discussing response events
generates creative ideas which renew the
motivation in the LEPC as a team.
Participants visualize their roles in these
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events and simulate new assignments at the
local level. State emergency agencies
routinely schedule exercises for LEPC
members. At the local level, tabletop drills
are also practical ways to evaluate success
and challenge their committees.
Professional Development
LEPC members can increase their
knowledge by joining interest groups such as
the National Association of SARA Title III
Program Officials (NASTTPO), trade
associations and state emergency planning
organizations, which provide opportunities
for LEPCs to work together to prepare for
emergencies involving hazardous materials.
Focus on Effective Leadership
Effective leadership and good management
at the local level play a significant role in
sustaining interest. Leaders in LEPCs should
be elected officials or be from local
government or industry. Emergency
managers are often most familiar with local
resources, including people, equipment and
funding. These leaders should inspire
positive teamwork in the committees. An
LEPC leader can be any member of the
LEPC—the chairperson, emergency
manager, or simply any volunteer on the
committee who has an effective influence on
the group or team. LEPC leaders foster an
environment where members become high
performers and frequent participants.
These leaders clarify their purpose and goals,
build commitment and self-confidence,
broaden collective skills, remove externally
imposed obstacles and create opportunities
for others. Leaders believe in their purpose
and people and often exercise the following
six principles:
• Keep purpose, goals, and approach
relevant and meaningful.
• Build commitment and confidence.
• Diversify the mix and level of skills.
• Manage relationships with outsiders,
including removing obstacles.
• Create opportunities for others.
• Do real work.
Team Building
Instilling trust in a group of people can be a
rewarding goal. There are many ways to
achieve this goal. For example, social
activities are fun and effective for engaging
LEPCs and their families. These occasions
build cooperation and provide networking
opportunities. Picnics and outreach at
community events are excellent ways to
create unified involvement. Fundraising
activities can be good incentives to perk
group interest. Hazmat emergency exercises
serve a dual purpose of being educational
and providing a group bonding experience.
Other ideas to build a successful team are:
• Clearly defined purpose, goals and roles
• Clear and effective communication
• Supportive member behaviors (balance
of creativity and conformity)
• Well-defined decision procedures
• Balanced participation
• Established ground rules and norms
• Understanding of effective group process
• Effective problem-solving methods
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Besides the building of the group, the
maintenance and management should be
based on solid pillars of high-performance
teams:
• Establishing urgency and direction
• Selecting members based on skills and
skill potential, not personalities
• Paying particular attention to meeting
agenda and action items
• Setting some clear rules of behaviors
• Setting and seizing upon immediate
performance-oriented tasks and goals
• Challenging the group regularly with
fresh facts and information
• Spending lots of time together
• Exploiting the power of positive
feedback, recognition, and rewards
Following these suggestions will increase
membership and motivation. Getting and
keeping members involved is crucial to your
LEPC's success.
Empower to Complete Meaningful Tasks
A Chinese proverb says: "Tell me and I'll
forget; show me and I may remember;
involve me and I'll understand."
Empowering volunteers to complete
meaningful tasks, solicit new ideas and
create new initiatives are ways to keep
people interested. One example of a
collaborative meaningful task is the Schools
Chemical Cleanout Campaign (SC3), a
national program aimed at reducing risks of
chemical exposures in schools. LEPCs can
provide technical assistance to their
communities about proper chemical
management in K-12 schools.
Another way LEPCs can participate in their
communities is by giving outreach and
educational materials about topics such as
Shelter-In-Place to their local schools and
nursing facilities. These activities can be
performed in collaboration with community
groups with comparable interest in
emergency preparedness, such as:
• Citizen Corps Councils work to ensure
the security and safety of people.
• Community Emergency Response
Teams (CERTs) train citizens to be first
responders in basic disaster medical
operations, and light search-and-rescue
operations.
• Fire Corps advocate enhancement of
fire resources.
• Medical Reserve Corps (MRC) assess
the capacity of the practicing and retired
medical population, including
physicians, nurses and supporting health
professionals.
• Neighborhood Watch Programs
monitor community criminal activities
and are now joining forces with the
CERTs.
• Volunteers in Police Services (VIPS)
are emerging groups supporting local
police forces with law enforcement
activities.
Recognize Contributions
Publicly recognizing specific individual
contributions is also important. The morale
of a team and its members will grow when
they feel valued and when their efforts are
noticed. A sense of belonging is important in
any organization or team. For example,
when members miss a meeting, someone
may volunteer to call or e-mail the absent
members to let them know they were missed.
Keeping members involved is a must in
maintaining interest.
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Recognition causes people to strive for
greater achievements. Recognized members
can become more productive or competitive.
A common way to recognize people is to
give or nominate them for an award. There
are many different types of awards given by
communities, private entities, and state and
federal governments. For example, award
nominations can be sent to EPA for the
annual Chemical Emergency Preparedness
and Prevention (CEPP) and biennial regional
LEPC conferences. Also, please remember
the importance of recognizing volunteers
who have demonstrated good performances.
Another outcome for giving awards is the
visibility it gives to local facilities,
businesses and their leaders. Industries are
most likely to allow time and give support to
their employees when these employees are
publicly known to support the common
cause of community safety and wellness.
Stay Positive
"Attitude is everything!" Keeping a positive
attitude is a must when working with
LEPCs. In many organizations, most of the
significant work is done by a small fraction
of group. Research has demonstrated that in
any organization, 20 percent of members do
80 percent of the work.
Know and keep track of core members. Look
for exemplary examples to share with the
group and send positive and uplifting
messages frequently.
Remove Hindrances
LEPC leaders should pay attention to
indicators that change the course in
membership participation. The indicators
below are warning signs for emergency
leaders to address these issues. If not
addressed in a timely and effective manner,
these symptoms can impair members'
interest and performances. Indicators are
noticeable at both individual and collective
levels.
At a personal level, the following indicators
to watch for among LEPC committee
members are:
• Loss of energy or enthusiasm ("What a
waste of time.")
• Sense of helplessness ("There's nothing
anyone can do.")
• Lack of purpose or identity ("We have
no clue as to what this is all about.")
• Disengagement, or unconstructive and
one-sided discussions without candor
("Nobody wants to talk about what's
really going on.")
• Meetings in which the agenda is more
important than the outcome ("It's all
show-and-tell for the boss.")
• Cynicism and mistrust ("I knew this
teamwork stuff was worthless.")
• Interpersonal attacks made behind
others' backs, to outsiders ("Dave has
never pulled his own weight and never
will.")
• Finger-pointing at top management and
the rest of the organization ("If this effort
is so important, why don't they give us
more resources?")
• At a group level, an issue of concern is
diversity in the composition of the
LEPC. The regulations recommend that
"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
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planning requirements, community
groups, and the media."
• Another critical factor in the composition
of the LEPC is the socio-cultural
representation of the community in
which the committee is located.
• There are additional concerns that can
impact the mission of LEPC.
Transparency is the best tool when faced
with these threats. Knowing and
managing threats can be accomplished
by having an open discussion about:
• Lack of resources (funds, time,
technology and competent people)
• Political climate (internal and
external)—whether community social
priorities are aligned with the LEPC's
goals
• Leadership—finding committed
community leaders to champion the
committees' activities
• Bias—misinformation, inaccurate data,
and false notions about a community can
create public resentment, lawsuits, or an
unexpected and undesirable outcome that
can undermine the committee
III. CONCLUSION
The ideas and tools presented in this
document are intended to help develop and
maintain members' participation in LEPCs.
Local emergency leaders, not just emergency
managers, are key personnel who can
prepare their communities for emergency
events.
Preparing a community for emergencies
requires community involvement of well-
trained and enthusiastic volunteer residents.
Managing and leading volunteer
participation is seldom addressed in LEPC
committee functions. Like any critical
resource, the human resource element is
sustained with strategic planning and
positive action. Maintaining an effective
LEPC requires constant a supply of energy
through activities, innovative ideas and
education. LEPC members are much better
prepared to respond to emergencies when
they are well connected in their community
and can rely on each other's competence.
Keeping LEPCs active and energized is
essential for saving lives and minimizing
damage to property and the environment.
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Appendix L.
What to Do in a Chemical Emergency
LEPCs and TEPCs may use suggestions provided below as part of outreach to their community
on what to do if a chemical emergency happens.
Additional details, phone numbers and contact information should be added to provide the
appropriate information.
What are the actions you might need to take?
In case of a hazardous chemical emergency, you might be asked to take one of three actions:
• Evacuate.
• Shelter in place.
• Protect your respiratory system.
These are described below. Be sure to be clear about them. If you have neighbors who have
disabilities (e.g., vision or hearing impaired), please help them. Be sure they know what they are
supposed to do in an emergency.
If you are told to evacuate:
You should move to the place designated by local or tribal officials. Follow these steps to get
ready for the trip.
• Stay as calm as you can. If you already know where to go and what to take, that will help.
• Gather what you and your family will need. Pack only what you will need most.
Take these things along if you can:
• This information sheet.
• Extra clothing.
• Eyeglasses, dentures, prescription drugs, other medicines, and first aid kit.
• Baby supplies.
• Portable radio and flashlight (if you have them).
• Checkbook and credit cards.
• Driver's license or identification.
Remember as you leave to do the following:
• Turn off lights, your household appliances, and heating, cooling or other ventilation systems.
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• Leave your refrigerator/freezer on.
• Lock your house.
Do not use your phones unless you or someone you know is injured or too sick to do what is
needed. If you must use the phone, keep your call very short.
This information sheet and your radio and TV will tell you what actions you need to take. Read it
through and be sure you understand it. Clear up all questions you have, not later.
Turn on your radio or TV for up-to-date information during the emergency.
• Use only one car (or other vehicle) for your family. If you have room, please check to see if
any neighbors need a ride.
• Keep your car windows and air vents closed. Listen to your radio for reports about your route
and other information.
• Drive safely, traffic will be heavy. Law officers along your route will help with the traffic.
• If you need a ride, go with a neighbor, friend or relative.
If you are told to shelter in place:
You should protect yourself inside your house or other building. This is a good action to take if
there is a short release or small amount of hazardous material in the air. Take these steps to
protect yourself.
• Go inside if you are outside. When inside, stay inside until your radio or TV says you can
leave safely. This is most likely to be no more than a few hours, rather than a day or more.
• Close all doors and windows.
• Turn off heating, cooling or ventilation systems.
• Do not use fireplaces. Put out the fire. Close the dampers.
• Listen to your local radio or TV for further instructions.
If you are told to protect your respiratory system:
• Cover your nose and mouth with a damp handkerchief or other cloth to protect your
breathing. Fold the cloth over several times.
• Close the windows and doors if you are in a building or a car.
• Turn off heating, cooling or ventilation systems.
What should you do if you know there is a release of hazardous chemicals and
it's coming toward you?
• Be prepared to get yourself and your family out of the area if directed to do so by the local
authorities.
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• Be prepared to protect yourself wherever you are if evacuation isn't possible or necessary.
• Studies have shown that even poorly sealed buildings give some protection from a serious
amount of gas entering the building. Those results would indicate that if you are outside, you
should go into your house or nearby public building or get in your automobile.
• Once inside, close off all outside ventilation, such as the air conditioner or windows.
• Stay inside and wait for the cloud to pass. If you feel the gas entering the building and you
are in danger, a wet cloth or towel over your nose and mouth will act as a filter and offer
some protection. In any event, staying inside is safer than trying to outrun a release.
• If you are outside and can't possibly get in, move crosswind (in a direction so the wind is
blowing from your left to right or vice versa, but not into your face or from behind). This
offers the best advantage for getting out of the path of the release. In either case, remain calm
and wait until you receive further instruction before taking any further action.
If you think you have been exposed:
• Eyes: Gently hold your eyes open, or have someone assist you, and flush with saline or
lukewarm water for 15 minutes. Encourage blinking while rinsing. If wearing contacts,
remove the lenses after first flushing the eyes for five minutes.
• Skin: Remove contaminated clothing and flood skin with water for 15 minutes. Then wash
gently with soap and water and rinse. It is important to cut off clothing rather than pulling off
to avoid exposing other areas of the body.
• Inhaled: Immediately get the person to fresh air. Avoid breathing fumes. If victim is not
breathing, call for help and start assisted (mouth-to-mouth) breathing.
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Appendix M.
Sample Public Notice or News Release
Public Law 99-499 Title III, of the Emergency Planning and Community Right-to Know Act of
1986 (EPCRA), Section 324, requires public notice at least once annually informing the public of
the means to access information about chemicals stored, manufactured, and used within the
community.
Under Sections 303, 311, 312 and 324 of EPCRA, the following documents are on file and
available for public viewing:
• The local community EOP.
• Chemical inventory forms, filed by covered facilities within the community.
• Material Safety Data Sheets, filed by covered facilities within the community.
• Follow-up emergency release notification reports, filed by covered facilities within the
community.
• Information concerning LEPC meetings, including notices, agendas, and minutes.
The location for viewing of these documents is the (agency or
organization) office at (street/city) between the
normal working hours of (i.e., 8:00 AM to 4:30 PM Monday
through Friday).
The Contact for the County/Parish LEPC is
and may be reached at (phone) or
(email address) for further
information pertaining to the request for viewing these documents.
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Appendix N.
Emergency Planning Checklist for LEPCs and TEPCs
Section 303(a) of EPCRA requires each LEPC and TEPC to prepare an emergency response plan
for their planning district. The LEPC and TEPC are required to review the plan at least once a
year. LEPCs and TEPCs also must evaluate the need for resources necessary to develop,
implement and exercise the plan, and to make recommendations with respect to additional
resources that may be required and the means for providing these additional resources.
The plan shall include (but is not limited to) each of the following items below.
1. Identification of facilities subject to the requirements of this subtitle that are within the
emergency planning district, identification of routes likely to be used for the transportation of
substances on the list of EHSs referred to in Section 302(a), and identification of additional
facilities contributing or subjected to additional risk due to their proximity to facilities
subject to the requirements of this subtitle, such as hospitals or natural gas facilities.
2. Methods and procedures to be followed by facility owners and operators and local
emergency and medical personnel to respond to any release of such substances.
3. Designation of a community emergency coordinator and facility emergency coordinators,
who shall make determinations necessary to implement the plan.
4. Procedures providing reliable, effective and timely notification by the facility emergency
coordinators and the community emergency coordinator to persons designated in the
emergency plan—and to the public—that a release has occurred (consistent with the
emergency notification requirements of Section 304).
5. Methods for determining the occurrence of a release and the area or population likely to be
affected.
6. A description of emergency equipment and facilities in the community and at each facility
and an identification of the persons responsible for such equipment and facilities.
7. Evacuation plans, including provisions for a precautionary evacuation and alternative traffic
routes.
8. Training programs, including schedules for training of local emergency response and medical
personnel.
9. Methods and schedules for exercising the emergency plan.
GUIDELINES FOR EMERGENCY RESPONSE PLANNING UNDER
EPCRA SECTION 303
Below is a set of guidelines for each item listed above. Each set of guidelines provides:
• The intent of each element.
• Specification of information required.
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• Recommendations are provided for certain elements required in the emergency plan.
Element #1
1(a) Identification of facilities subject to the requirements of EPCRA Section 302 within the
LEPC or TEPC planning district.
Intent
The intent of this item is to identify for public safety information and planning purposes any
high- risk facilities within the jurisdiction that use or store on site large amounts of extremely
hazardous substances.
Required
Include a current list of covered EPCRA facilities within the jurisdiction, providing current name
of each facility, street address of the facility and an emergency contact telephone number for the
facility.
1(b) Identification of routes likely to be used for the transportation of substances on the list
of EHSs referred to in Section 302 (a).
Intent
The intent of this item is to identify the location of the covered facilities that may be transporting
EHSs and to identify the primary and secondary routes used within the jurisdiction for such
transportation.
Required
1. Identify the location of covered 302 facilities within the jurisdiction.
2. Identify the primary and secondary routes used for transportation of EHSs to and from the
covered facilities.
Recommended
Maps are the preferred method of doing this item and are recommended; however, maps are not
required, and the information can be provided in writing.
1(c) Identification of additional facilities contributing or subjected to additional risk due to
their proximity to facilities subject to the requirements of EPCRA Section 302, such as
hospitals or natural gas facilities.
Intent
The intent of this item is to identify non-302 facilities with hazardous chemicals that add risk due
to their proximity to Section 302 facilities if a release occurs at either facility within the
jurisdiction, such as hospitals, daycare centers, schools, fire stations, local government offices,
etc.
Required
1. Name and address of 302 facility.
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2. Name and address of nearby non-302 facilities contributing additional risk.
3. Name and address of nearby facilities at additional risk because of nearness to 302 facility.
4. Primary/secondary contact names at those nearby at risk facilities, including title and 24-hour
telephone number
Recommended
1. A list of relevant hazardous chemicals at nearby non-302 facilities is desirable but not
required.
2. Maps are the preferred method and are recommended; however, maps are not required, and
the information can be provided in writing.
3. A description of occupancy is desirable but not required.
Guidance for Planning Element (#1)
It will be necessary to identify by name and location each EHS facility and to specifically
identify transportation routes within the district and local routes between the facilities and the
transportation routes over which EHSs are likely to pass. You do not have to identify every road
that these substances might travel.
A map identifying facilities and transportation routes is recommended but does not have to be
included in the plan.
To identify facilities with EHSs in your community the following suggestions are made:
i. Legal ads in local newspapers.
ii. Other media releases.
iii. Certified letters to local businesses and industries reminding them of the requirements of
EPCRA.
iv. Research databases maintained by the state or EPA on various permitted facilities (RCRA,
Air, Water, etc.).
v. Inquiries to the local Chamber of Commerce.
vi. Check the manufacturing directory from the state Department of Labor or state Department
of Commerce, for industries listed in the NAICS as manufacturers.
vii. Locate water and sewage treatment plants using chlorine.
viii.Locate large refrigeration systems using ammonia.
LEPCs and TEPCs may request EHS facilities assist with conducting vulnerability analysis to
identify the part of the community that would be affected if a chemical accident occurs. The
vulnerability analysis should be based upon the "worst-case" accident scenario for each EHS.
Facilities in your planning district that are subject to Risk Management Program under Clean Air
Act Section 112 (r) may have determined worst-case scenarios for substances covered under that
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program, many of which are also EPCRA EHSs. You may contact EPA to obtain a copy of the
facilities' RMP if one is submitted.
Pre-modeling is the best way to determine the necessary size of your planning zone for a given
facility. In the event a facility is unable to provide a vulnerability analysis, the LEPC and TEPC
may be able to conduct your own modeling using free software available (i.e., ALOHA,
RMP*Comp). Please see a description of these software applications in this document. (See
16.27.)
Planning Element #1 also requires local plans to identify additional facilities contributing or
subjected to additional risk due to their proximity to facilities (handling EHSs), such as hospitals
or natural gas facilities. Unless a vulnerability analysis is done for each facility in your
community, it will be difficult to determine which of these other kinds of facilities should be
considered in "proximity" to facilities handling EHSs. Identification of these other facilities is a
very important element of a good emergency plan.
It should be noted EPCRA does not require a scientifically based vulnerability analysis for
facilities handling extremely hazardous substances. In other words, it is permissible to identify
the vulnerable zone—and facilities such as hospitals located inside that zone—using judgment
alone instead of computer models or other technical aids, such as the EPA guidance document,
NRT-1, Hazardous Materials Emergency Planning Guide, March 1987. In factNRT-1
acknowledges that this approach may have to be used in some instances. However, local planners
are urged to develop their emergency plans based upon pre-modeling of vulnerable zones to the
greatest extent possible.
Element #2
2(a) Methods and procedures to be followed by facilities to respond to any release of such
substance.
Intent
The intent of this item is to set forth minimal emergency response actions to be followed by
covered facilities and to assure immediate notification of designated public safety authorities to
facilitate a timely and appropriate governmental response, if necessary.
Required
1. Covered facilities in the jurisdiction must maintain current plans describing methods and
procedures to be followed by facility personnel if there is an accidental release of a
hazardous substance(s) (such plans may incorporate requirements of various federal or state
agencies and counties or municipalities).
2. At a minimum, facility plans must meet the emergency notification requirements of EPCRA,
Section 304. The plan must include which office/dispatcher/hotline/other number(s)
established by LEPC (or TEPC) and SERC (or TERC) should be included. The contact
information of each of these organizations should be shared with facilities in your
jurisdiction (planning district).
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2(b) Methods and procedures to be followed by local emergency and medical personnel to
respond to a release.
Intent
The intent of this item is to provide a safe, organized response to hazardous chemical incidents at
designated EPCRA Section 302 facilities and elsewhere in the jurisdiction.
Required
1. Identify the primary response agencies, the role of each agency and level of response
training.
2. Identify secondary responders (emergency management, public works, etc.), the role of each
and their level of response training.
3. Identify mutual aid response agencies, the role of each agency and level of response training.
4. Identify special response agencies (regional hazmat teams, emergency management, etc.) and
the role of each agency.
5. Identify the location of each primary and secondary response agency's operating procedures
and the title of the individual within each agency responsible for the development of such
procedures.
6. Identify procedures to notify local hospitals or other emergency medical centers to be
prepared to treat citizens exposed to chemicals.
Guidance for Planning Element (#2)
This planning element does not require the inclusion of tactical firefighting or "pre-fire" plans in
the local emergency plan that will be submitted to the state, nor does it require strictly internal,
company-level emergency procedures be included.
The "procedures to be followed by facility owners and operators" spoken of in this planning
element are facility procedures, which require coordination, communication or interfacing with
off-site authorities. Examples could include dispatching a public information officer or liaison to
the local government operations center or a command post, making recommendations to local
officials regarding protective actions (shelter, evacuation) and the areas in which to implement
protective actions.
The local emergency and medical procedures required by planning element (#2) could include
procedures for:
i. Making decisions regarding protective actions.
ii. Notification to the appropriate state agencies for environmental and emergency response.
iii. Requesting mutual aid support from other communities and the state.
iv. Restricting access to threatened areas.
v. Activation of the local Emergency Operations Center (EOC), if required.
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vi. Establishment of an on-scene command post, if required.
vii. A clear description of the local chain of command.
viii.Emergency medical procedures including procedures to mobilize outside assistance to handle
a mass casualty incident.
ix. Providing timely and accurate releases to the media on conditions at the site, operations and
effects of the incident upon persons, property and sensitive areas (e.g. drinking water
supplies).
x. Soliciting advice from CHEMTREC or other chemical support organizations.
NOTE: Each LEPC and TEPC will have to determine how extensively its plan should address
response procedures for emergency and medical personnel. The list above contains some basic
areas of emergency response and management that all local plans should address to some
degree.
Element #3
3(a) Designation of a community emergency coordinator (or Emergency Management
Director) who shall make determinations necessary to implement the plan.
Intent
The intent of this item is to identify the person or persons authorized to implement the
community emergency plan in the event of a hazardous chemical release.
While more than one individual may hold such authority, at least during the initial stages of an
emergency, a single individual must be designated as responsible for the overall implementation
of the community emergency plan.
Required
The (a) Name, (b) Title, (c) 24-hour telephone contact information must be provided for the
community emergency coordinator and also for at least one alternate to the emergency
coordinator.
3(b) Designation of a facility coordinator who shall make determinations necessary to
implement the plan.
Intent
The intent of this item is to identify an appropriate facility representative (facility emergency
coordinator) responsible for emergency planning and response and to provide their direct 24-
hour contact information for use in the event of a hazardous chemical emergency.
Required
EPCRA Section 303(d)(1) requires facilities covered under emergency planning notification of
EPCRA Section 302 is required to provide the name of a representative that will participate in
the emergency planning process. Another facility representative that should be included is
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someone who is available anytime for local responders/the community emergency coordinator to
contact during an emergency. These two individuals may be requested to participate in
developing the emergency response plan for your planning district.
This part of the plan should include name, title, work and 24-hour telephone numbers of each of
these representatives. If there are no 302 facilities in the jurisdiction, this should be indicated.
While there may not be any facilities that are subject to EPCRA Section 302, EPA encourages
LEPCs and TEPCs to develop the plan to include emergencies involving all hazardous chemicals
as discussed in Chapter 5 of this document.
Guidance for Element (#3)
The facility emergency coordinator referred to above will communicate frequently with off-site
authorities regarding conditions at the facility and public protective actions that might be
necessary. The plan should specify, by job title, who will act as an alternate.
The community emergency coordinator referred to above is the individual responsible for
directing the local government response to a hazardous substance incident.
In communities with full-time fire departments, it is recommended that the senior officer in the
fire department be the community coordinator. In communities without full-time fire
departments, it may be necessary to designate someone else, such as a police shift supervisor
until the senior fire officer can arrive on the scene.
If an individual is specifically named as the coordinator, then alternates should also be named. A
primary consideration in selecting an emergency coordinator is the individual can be reached
quickly at all times and has the authority, or is given the authority under the plan, to make critical
decisions about what is to be done and to direct response activities.
Element #4
(4) Describe procedures providing reliable, effective and timely notification by the facility
emergency coordinators to persons designated in the emergency plan, and to the public,
that a release has occurred (consistent with the emergency notification requirements of
EPCRA, Section 304.)
Intent
The intent of this item is to identify the responsible facility personnel and their procedures to be
followed in notifying facility responders and the affected community by notifying the
community emergency coordinator that a hazardous chemical release has occurred.
Required
Notification procedures must include, but are not limited to:
1. Designated personnel to be notified of a hazardous chemical release.
2. Personnel responsible for public notification (e.g., community emergency coordinator).
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3. Method(s) used to notify the public that a hazardous release has occurred.
4. Criteria used for mass public notification.
Guidance for Planning Element (#4)
This planning element is perhaps the most important part of the emergency plan. All plans must
include a clear, concise and viable procedure, whereby EHS facilities in the district can provide
notification of any chemical accidental release to local authorities. In most cases, this procedure
will be a simple telephone call to a warning point manned on a 24-hour basis, such as a fire
department, police department or dispatch center. If some other means of notification is available
as a backup, this should be stated.
The procedure should specify responsibility for making the call and the information to be
provided.
LEPCs and TEPCs should work closely with their facility representatives to determine what
information can and should be provided as part of initial notification. The plan should include the
requirements of EPCRA 304 for initial notification of releases of CERCLA hazardous substances
and EHSs. See Chapter 4 for details on these requirements.
It is not necessary that local plans contain internal facility alert rosters, but plans should state
how the facility coordinator and/or his alternate will be notified of an incident by facility
personnel.
Once notification of an incident has been made by the facility, the plan should clearly state how
the notification will be fanned out by the warning point to local emergency response
organizations, including support agencies such as the Red Cross if necessary.
The other procedure mandated by this planning element is notification of the public that a release
has occurred. Reliable, effective and timely notification of the public is a critical element of a
good emergency plan. Local emergency plans should contain a procedure for rapidly
disseminating emergency information and instructions over the local Emergency Alert System
(EAS) station.
Pre-scripted messages should be considered, and it is recommended that plans specify how the
EAS message will be coordinated with an attention signal sounded by area sirens (if available).
Plans should also contain a "Paul Revere" public notification method using emergency vehicles
equipped with public address systems. The plan should specify which local departments) will be
responsible for notifying particular areas of the community.
Door-to-door and/or telephone notification procedures should be considered for facilities such as
nursing homes located in threatened areas, as well as using other notification systems, such as
reverse 9-1-1 systems.
Element #5
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5(a) Methods for determining the occurrence of a release.
Intent
The intent of this item is to assure releases of EHSs at facilities subject to emergency planning
notification (EPCRA Section 302), LEPC (or TEPC) jurisdiction are detected in a timely
manner.
Required
1. Identify the covered EPCRA Section 302 facilities in the jurisdiction that do, and those that
do not have in place and on-site adequate systems, methods and/or procedures to detect and
determine in a timely manner that a release of an EHS has occurred.
2. Describe the individual systems, methods and/or procedures by reference to the specific
EPCRA Section 302 facilities' emergency response plans on file with the jurisdiction.
5(b) Methods for determining the area or populations likely to be affected by such a
release.
Intent
The intent of this item is to assess the seriousness of the release, its scope and the potential
hazard(s) it may cause to the surrounding population.
Required
Information required to determine the affected area and populations includes, but is not limited
to the following:
• The identity of the substance released.
• The approximate quantity of the release.
• The hazard(s) created by the release.
• The impact on the surrounding community created by the release.
• Meteorological and other local conditions.
Guidance for Planning Element (#5)
This planning element requires a description of any release detection or monitoring devices in
operation at a facility which would provide for discovery of a release.
If there are none, the plan should so state and provide instead a description of how a release
would most likely be detected by the physical senses and/or physical affects upon people and
who would most likely sense or perceive these affects first.
In addition, this planning element requires a description of how to determine potentially affected
areas or populations. To meet this requirement, plans must describe the best available method for
quickly determining wind direction and how to utilize wind direction information in conjunction
with either real-time computer dispersion models or previously developed information about the
vulnerable zone of a given facility to determine the area affected.
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Element #6
6(a) A description of emergency equipment and facilities in the community, and an
identification of the persons responsible for such equipment and facilities.
Intent
The intent of this item is to identify in advance the local availability of public and private
response resources suitable for use during a hazardous chemical incident.
Required
1. A listing of publicly owned and available specialized resources (tools, materials, equipment,
facilities and qualified personnel) for use in responding to a hazardous chemical incident,
along with the location of all such specialized resources, title and 24-hour contact number(s)
of the personnel authorized to release the resources for use in an emergency incident.
2. A listing of privately owned and available specialized resources (tools, materials, equipment,
facilities and qualified personnel) for use in responding to a hazardous chemical incident,
along with the location of all such specialized resources, title and 24-hour contact number(s)
of the personnel authorized to release the resources for use in an emergency incident.
Recommendations
Reference can be made to the resource manual containing the above information that is
maintained by many jurisdictions. Such reference should include the location of any such manual
of resources and a copy of the table of contents or index page.
In addition, it is recommended that any agreements with schools, churches, bus companies, etc.,
for congregate care and public transportation, as well as agreements with qualified hazardous
materials clean up contractors, other jurisdictions, etc., be included.
6 (b) A description of emergency equipment and facilities at each facility in the community
subject to the requirements of EPCRA, Section 302, and an identification of the persons
responsible for such equipment and facilities.
Intent
The intent of this item is to:
1. Identify which covered Section 302 facilities within the jurisdiction have on their site
specialized tools and equipment to effectively respond to an accidental release of that
facility's hazardous substance(s).
2. Identify if and how specialized tools and equipment located on site at Section 302 facilities
within the jurisdiction may be available for emergency response use at hazardous materials
incidents elsewhere.
Required
A statement from the emergency management director or other responsible public safety official
in the jurisdiction indicating which, if any, covered 302 facilities within the jurisdiction have
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specialized tools and response equipment available for use at an off-site hazardous materials
incident, along with rules for their release and use.
Any such specialized tools and equipment should be incorporated into the list of available private
resources.
Recommendations
Memoranda or agreements of understanding between the jurisdiction and facilities regarding
release and use of specialized tools and emergency response equipment for off-site purposes are
encouraged, and mention of the same is recommended in any lists of available private resources
maintained by the jurisdiction.
Guidance for Planning Element (#6)
This planning element requires a list of resources (e.g., equipment and facilities) applicable to a
hazardous substance incident. Local government and facility resources must be included, along
with an identification of the persons responsible for such equipment.
Wherever possible, this identification should be by job title with a phone number(s) for the
person responsible included.
Although the list should be limited to resources germane to a hazardous substance incident, local
planners and facility representatives are urged to "think through" an incident and thoroughly
contemplate the types and amounts of equipment and supplies which would be needed to respond
effectively and protect emergency responders.
Element #7
(7) Evacuation plans, including provisions for a precautionary evacuation and alternative
traffic routes.
Intent
The intent of this item is to describe evacuation plans for the jurisdiction, including identification
of primary and alternate traffic evacuation routes.
Required
1. Identification of primary and alternate evacuation routes within the jurisdiction (if a GIS map
is not used, the names/numbers of streets, roads and highways must be used).
2. Describe evacuation plans, including but not limited to the following:
• Public notification procedure.
• Procedures for initiating a protect-in-place option.
• Provisions to move special populations.
• Determination of re-entry procedures.
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• Identification of shelter locations.
Guidance for Planning Element (#7)
The most effective evacuations are those undertaken and completed before the release of an EHS
occurs.
Plans should include a statement acknowledging this protective action option and the
effectiveness of precautionary evacuations.
Plans should identify special institutions such as schools, hospitals, jails, nursing homes, etc.
Plans should also discuss precautionary preparations to evacuate special institutions during
hazmat incidents.
It is not necessary to include maps in the plan itself showing specific evacuation routes, but for
some facilities located in areas difficult to evacuate, pre-planning of evacuation routes and maps
are advisable.
Local plans must specify who will have the authority to order an evacuation. Plans must also
specify which departments will provide evacuation assistance to special facilities such as nursing
homes, hospitals, jails, etc.
Plans must acknowledge officials responsible for protective action decisions will consider the
merits of a "take shelter" protective action as opposed to an evacuation.
Plans need not identify specific traffic routes to be used as detours around facilities or major
transportation routes on which a hazmat incident has occurred. However, each plan must identify
an individual, by title, who shall be responsible for determining alternative traffic routes, as well
as departments and agencies that shall handle re-routing of traffic. Lead and support agencies
should be identified.
Element #8
(8) Training programs, including schedules for training of local emergency response and
medical personnel.
Intent
The intent of this item is to describe a jurisdiction's training programs and identify the types and
levels of training contained in those programs and the responders who receive the training.
Responders may include: fire, law enforcement, EMS, emergency management, public works or
other response groups.
Required
Training documentation must contain the following information. More information can be added,
if desired.
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• Location of records.
• Type of training.
• Level of training (awareness level, operations level, technician level).
• Personnel who received the training.
• Frequency of training.
Guidance for Planning Element (#8)
Information regarding hazardous chemical training offered can be obtained through the state
training officer of the emergency management agency.
The LEPC and TEPC should survey all organizations represented on the LEPC (or TEPC) to
determine if specific-agency training might be beneficial to other personnel. Local planners may
incorporate this information into their plans to meet the requirements of planning element (8).
Element #9
(9) Methods and schedules for exercising the emergency plan.
Intent
The intent of this item is to demonstrate the jurisdiction is seriously testing on a regular basis its
ability to respond to a hazardous chemical incident.
Required
A copy of the jurisdiction's methods and schedules for exercising its emergency plan must be
provided or referenced (include location of this information).
Guidance for Planning Element (9)
Local plans should describe how frequently exercises will be held, the type of exercise to be
conducted (e.g., full-scale, tabletop or functional), and who is responsible for organizing and
conducting exercises of the plan. The three basic forms of exercises are defined below. It is
recommended these definitions be included in local plans.
a. Tabletop Exercise
An activity in which elected/appointed officials and key staff with emergency management
responsibilities are gathered informally to discuss various simulated emergency situations. The
exercise is designed to elicit constructive discussion by the participants without time constraints
as they examine and then attempt to resolve problems based on existing EOPs. The purpose is
for participants to evaluate plans and procedures and to resolve questions of coordination and
assignment of responsibilities throughout the exercise under minimum stress. An exercise of this
type can usually be conducted in four hours or until the exercise objectives are met.
b. Functional Exercise
An activity designed to test or evaluate the capability of individual or multiple functions or
activities within a function. This exercise is more complex than a tabletop exercise in that
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activities are usually under some type of time constraint with the evaluation/critique coming at
the end of the exercise. It can take place in some type of operations center, the field, or a
combination of both. For example, a direction and control functional exercise would be an
activity designed to test and evaluate the centralized emergency operations capability and timely
response of one or more units of government under a stress environment. It is centered in an
emergency operations center and can simulate the use of outside activity and resources. An
exercise of this type can usually be conducted in four to eight hours or until the exercise
objectives have been met.
c. Full Scale Exercise
The full-scale exercise is intended to evaluate the operational capability of emergency
management systems in an interactive manner over a substantial period of time. It involves the
testing of a major portion of the basic elements existing within EOPs and organizations in a
highly stressful environment. This type of exercise includes mobilization of personnel and
resources, and the actual movement of emergency personnel, equipment, and resources to
demonstrate coordination and response capability.
The emergency operations center is activated, and field command posts may be established. An
exercise of this type can usually be conducted in eight hours or until the exercise objectives have
been met.
Cities and towns receiving FEMA EMA funds and responding to actual emergencies or disasters
may be given credit for an exercise providing certain criteria are met.
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Appendix O.
LEPC and TEPC Self-Evaluation Check
The following checklist has been developed for the sole purpose of conducting a self-assessment
of the LEPC and TEPC organizations. Below are criteria used for evaluating an LEPC (or
TEPC). Place a check mark next to each item completed by the LEPC (or TEPC). Total the
number of YES check marks in the "Y/N" column to evaluate your LEPC.
LEPC (or TEPC) STRUCTURE AND ORGANIZATION
Y/N
1)
Achieved genuinely broad-based and balanced membership
2)
Adopted by-laws
3)
Hold regular, well-attended, announced meetings (at least quarterly)
4)
Ensured LEPC (or TEPC) meetings are accessible and well-publicized (time, place,
publicity)
5)
Provide LEPC (or TEPC) members advance agendas and written minutes
6)
Submits annual membership list to the SERC (or TERC)
V)
Organized active subcommittees and established clear membership roles
8)
Produced annual report (covering trends in accidents, hazards, enforcement, drills, site-
specific risk reduction, etc.)
9)
Worked toward reducing vulnerability zones and accident potentials
10)
Maintained own identity independent from the host agency
ID
Improved emergency response and mitigation
12)
Set progress objectives (funding, participation, communication, etc.) and annually evaluate
progress toward achieving those goals
13)
Secured adequate funding sources (through federal, state, or tribal agency budgets, grants,
donations, etc.)
IDENTIFICATION OF HAZARDS
14)
Identified facilities with EHSs.
15)
Identified facilities with other hazardous chemicals
16)
Identified major transportation routes for EHSs and other hazardous chemicals.
17)
Identified facilities contributing to or subject to risk in close proximity to facilities with
EHSs and hazardous chemicals
LEPC (or TEPC) EMERGENCY RESPONSE PLANNING
18)
Submitted chemical emergency response plan to the SERC (or TERC)
19)
Annually review and update the plan as necessary.
20)
Coordination exists between EHS facilities and fire departments, and other organizations
(police, hospitals, etc.)
21)
Included emergency response methods and procedures of first responders into your
chemical emergency response plan
22)
Established a means to determine the severity of a chemical release
23)
Identified potential shelters and evacuation routes
24)
Included emergency response information on those facilities identified in local or tribal
emergency plan
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25)
Identified the facility emergency response coordinators for regulated facilities within
jurisdiction
26)
Maintain an inventory of emergency response resources (equipment, facilities, and
expertise)
27)
Established plans for shelter-in-place or evacuation
28)
Established early warning systems and has identified emergency shelters
29)
Provided education on protective actions (evacuation/shelter-in-place) to the public and
first responders
30)
Evaluated the protective capacity of shelter-in-place structures
31)
Acknowledged the limits of emergency response capabilities for protecting people,
property, and the environment
32)
Conducted a hazard analysis
33)
Ensured hazard analyses are incorporated into plan
34)
Ensured procedures are in place by which facility emergency response coordinators will
notify first responders in the event of a hazardous chemical emergency.
35)
Included emergency response measures used by medical personnel in local or tribal
emergency plan
IMP]
LEMENTING THE LEPC EMERGENCY RESPONSE PLAN
36)
Established notification procedures by which facility coordinators, identified in item #35,
will notify first responders or other system (e.g., hotline, dispatcher) in the event of an EHS
or hazardous chemical emergency
37)
Describes the incident command system to be used in responding to hazardous chemical
emergencies
38)
Established alert and warning systems to notify the public
COIV
IMUNITY HAZARD ANALYSIS
39)
Developed easily understood community maps showing EHS facilities, vulnerability zones,
transportation, etc.
40)
Conducted commodity flow study to identify chemicals and volumes moving through
community
41)
Identified potential hazards from natural events such as flood, tornado, earthquake,
drought, winter storm, etc.
42)
Identified critical facilities, vulnerable environments, and potentially exposed populations
(e.g., schools, nursing homes, residential areas, workers on site)
43)
Prepared or obtained worst-case and lesser release scenarios at each EHS facility and those
in transportation
44)
Assessed potential risks and developed a prioritized list
45)
Established process to determine whether EHSs or other hazardous chemicals have been
involved in past accidents
46)
Established a process to determine the level of risk if EHSs or other hazardous chemicals
are involved in an accident
47)
Established a process to determine the areas and populations that will be affected in the
event EHSs or other hazardous chemicals are released
LEPC TRAINING AND EXERCISES
48)
Developed emergency response drills and exercises to evaluate the effectiveness of the
local or tribal emergency response plan.
49)
Established a schedule to regularly conduct drills and emergency response exercises
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50)
Sponsored training for fire, medical, police, hazmat teams, hospitals, and other response
personnel
51)
Held seminars for the public on the hazards within their community and how they can
protect life and property
52)
Participated in drills and exercises with regulated facilities within the jurisdiction
COIV
[MUNITY RIGHT-TO-KNOW
53)
Publicized availability of right-to-know information
54)
Computerized data for ease of access and analysis
55)
Established a convenient information request process
56)
Facility provided Tier II chemical storage information as required
57)
Publicized community hazard maps with vulnerability zones through printed or electronic
media
58)
Discussed or publicized options for reducing vulnerable zones (e.g., safer technologies)
59)
Regularly contacted each reporting facility to promote better understanding of EPCRA
requirements by the facility owner or operator
60)
Outreach new facilities on EPCRA requirements
61)
Ensured all required facilities are annually submitting their Tier II forms
62)
Actively sought to increase number of facilities in the community annually reporting EHSs
or hazardous chemicals
ACCIDENT PREVENTION
63)
Promoted exploration of inherently safer technologies (safer chemicals, lower pressure or
temperatures, less storage, fewer shipments)
64)
Promoted other facility safety improvements (e.g., secondary containment, automatic
shutoffs, alarms, etc.)
65)
Provided the hazard analysis to planning commissions, zoning boards, public works,
citizen advisory councils, and other local entities
66)
Analyzed spill reports for response and prevention lessons
67)
Given recognition for hazard reduction efforts (e.g., annual awards)
PUB]
LIC AWARENESS
68)
Maintains an LEPC website for the public to access
69)
Prints an annual EPCRA notice for local news releases or displays the EPCRA public
notice on your website
70)
Provides public service announcements concerning all-hazard preparedness to local radio
and television stations
71)
Conducts activities in the community to heighten the public's awareness of hazards in the
community
TOTALS
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Appendix P.
Sample Response Reimbursement Letter for
Responsible Party
[Your LEPC or Department Letterhead]
[Date]
[LEPC Chair Name]
[LEPC Address]
[Responsible Party]
[Responsible Address]
Re: Invoice for Hazardous Materials Response Date of Incident:
Please consider this letter an invoice for reimbursement in response to the above referenced
hazardous materials incident.
The National Contingency Plan (40 CFR Part 300.700, "Activities by Other Persons") makes
it clear that
1. Responsible parties shall be liable for all response costs incurred by the United States
government or a state or an Indian tribe not inconsistent with the NCP.... and
2. Responsible parties shall be liable for necessary costs of response actions to releases of
hazardous substances incurred by any other person consistent with the NCP....
The costs relating to the incident are as follows:
1. Personnel Overtime Costs $
2. Medical Monitoring / Treatment $
3. Vehicles and Apparatus $
4. Disposal Material / Supplies $
5. Decontamination / Disposal $
6. Miscellaneous / Technical / Lab Costs $
Total: $
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I hereby certify all the costs represented above were incurred as a result of response to this
incident, and the response was carried out consistent with the National Contingency Plan and
were necessary to help protect public health or the environment.
I certify the personnel costs are for overtime pay and recalled personnel. These costs would
not have been incurred had the incident not occurred.
Sincerely,
LEPC or TEPC Chair or
Highest Ranking Elected Official
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Appendix Q.
Fact Sheet—Implementation of the HAZWOPER
Program
The following is a fact sheet developed by EPA Region 6 (originally published in 2015, with
minor revisions made for this handbook) on the implementation of the HAZWOPER program at
the state and local levels.
Implementation of the Hazardous Waste Operations and
Emergency Response Program at the State and Local Levels
(Region 6)
Introduction: The Chemical Safety
and Security Executive Order (E.O.
13650)—U.S. EPA-OSHA-DHS
Responding to several catastrophic chemical
facility incidents in the United States,
including the tragic events in West Texas in
April 2013, President Obama issued
Executive Order 13650, Improving Chemical
Facility Safety and Security, on August 1,
2013. The focus of the executive order is to
reduce risks associated with hazardous
chemical incidents to owners and operators,
workers and communities by enhancing the
safety and security of chemical facilities.
Regional Working Groups (RWGs) have
been established in the Federal Regions
under the leadership of regional tri-chairs
from DHS, EPA, and OSHA. The RWGs
were tasked with developing SOPs, many of
which serve as initiatives to assist local
communities with emergency planning and
preparedness. For example, the Region 6
RWG has established eight such SOPs,
including SOP #2, which is the focus of this
discussion.
Historically, lack of training has been
identified as a contributing factor in injuries
sustained by first responders when
responding to an
emergency. The primary
objective of SOP #2 is to
ensure that response and
planning organizations
understand the
requirements under the
OSHA HAZWOPER Standard, and the
accompanying EPA regulations.
Additionally, the RWG will coordinate with
state training officers, state LEPC/HAZMAT
coordinators and state training academies to
determine what assistance federal agencies
can provide in training of local responders,
including Incident Command
System/National Incident Management
System (ICS/NIMS) training programs.
Accordingly, the RWG will coordinate with
federal and state partners to ensure that
responders have the appropriate level of
HAZMAT training for the position and
duties they occupy. Efforts in this regard will
include outreach, including HAZWOPER
awareness training and other effective
chemical safety training. The goal is to
ensure that first responders understand the
OSHA 29 CFR 1910.120 and EPA 40 CFR
311 requirements. The Region 6
HAZWOPER awareness training is
discussed later in this section.
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Section 1. Overview of EPA and
OSHA Worker Protection
Authority
The Occupational Safety
and Health Act of 1970, as
amended (OSH Act),
established health and
safety standards for the
American workplace.
Section 6 of the OSH Act established federal
authority to issue general health and safety
standards for private industry. Section 19 of
the OSH Act addresses standards for federal
government employees.
Under the authority of Section 6 of the OSH
Act, OSHA promulgated standards that are
codified at 29 CFR and set forth the
minimum health and safety requirements
necessary to ensure protection for all private
sector employees in the United States. See
OSHA standards at
https://www.govinfo.gov/content/pkg/CFR-
2017-title29-vol 5/pdf/CFR-2017-title29-
vol5-secl910-120.pdf.
In 1986, Congress passed the Superfund
Amendments and Reauthorization Act
(SARA) Section 126(a). SARA Section
126(a) requires the Secretary of Labor to
issue health and safety standards under
Section 6 of the OSH Act for the benefit of
private sector employees and federal
employees that are engaged in hazardous
waste operations and emergency response.
Section 126(a) required the Assistant
Secretary of OSHA, pursuant to Section 6 of
the Occupational Safety and Health Act of
1970, to promulgate standards
("regulations") for the health and safety of
employees engaged in hazardous waste
operations.
On March 6, 1989, OSHA issued the final
Standard (29 CFR 1910.120) to fulfill the
requirements of Section 126. This standard is
known as the Hazardous Waste Operations
and Emergency Response (HAZWOPER).
However, federal OSHA has no authority to
enforce regulations protecting state and local
government employees.
SARA Section 126(f)
required the EPA to issue
regulations for hazardous
waste operations and
emergency response
identical to OSHA's
standards. The EPA
promulgated the
HAZWOPER regulation (40 CFR 311) in
June 1989, which requires state and local
entities to follow the requirements under the
HAZWOPER Standard.
Although the two sets of standards contain
identical substantive provisions, EPA and
OSHA address different audiences. The
EPA's authority extends to state and local
government employees conducting
hazardous waste operations and emergency
response in states that do not have a federal
OSHA-approved state OSHA program.
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40 CFR part 311—WORKER PROTECTION
§311.1 Scope and application.
The substantive provisions found at 29 CFR 1910.120 on and after March 6, 1990, and
before March 6, 1990, found at 54 FR 9317 (March 6, 1989), apply to State and local
government employees engaged in hazardous waste operations, as defined in 29 CFR
1910.120(a), in States that do not have a State plan approved under section 18 of the
Occupational Safety and Health Act of1970.
§311.2 Definition of employee.
Employee in § 311.1 is defined as a compensated or non-compensated worker who is
controlled directly by a State or local government, as contrasted to an independent
contractor.
The EPA regulations cover both
compensated and uncompensated state and
local government employees engaged in the
covered activities. Therefore, the EPA
standards protect volunteers, such as
volunteer firefighters who are responding to
hazardous substance emergencies. Although
federal OSHA recommends that approved
OSHA state programs also cover
uncompensated employees, not all states
have followed this recommendation.
In summary, in states without an OSHA-
approved plan, federal OSHA standards
protect all private-sector and federal
employees engaged in hazardous waste
operations and emergency response.
The EPA worker protection standards protect
all state and local government employees,
including volunteer workers. In states with
an OSHA-approved plan, the state program
covers all private sector employees, as well
as state and local government employees;
federal OSHA covers federal employees in
those states. Regardless of affiliation
(city/county or parish), each employer must
determine the need for such training of their
employees. Such a threshold may be based
upon the number and type of facilities within
the jurisdiction or the amount and type of
hazardous material that is transported
through their jurisdiction(s).
Various state and local response
organizations may have adopted specific
professional certification and/or
accreditations, such as International Fire
Service Accreditation Congress (IFSAC) and
the Pro-Board Fire Service Professional
Qualification System.
Additionally, certification programs for
various response organizations may require
hazardous materials response training, which
would meet the requirements under 29 CFR
1910.120 and 40 CFR 311. Each
organization should work through their
training officers, as well as state training
officers, to determine the requirements their
employees must meet, and how to best
address those requirements.
EPA regulations:
https://www.ecfr.sov csi-bin text-
idx?SID=d76d91640aldldef7f481 Ia0f05
2645d&mc=true &node =pt40.30.311&rs
n=div5
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Section 2. Inter-Agency Agreement
EPA and OSHA have an agreement to share
responsibility for implementing the Title I
worker protection standards. Under the terms
of this agreement, OSHA performs the
following activities:
• Support of the NRT and RRTs.
• Technical Assistance. OSHA advises
EPA on the types of actions EPA should
take at uncontrolled hazardous waste
sites to ensure full compliance with the
HAZWOPER requirements. As an
advisor, OSHA will identify problems
that EPA may face and suggest
appropriate solutions.
• Compliance Activities. OSHA
conducts inspections and takes
enforcement actions to ensure
compliance with the worker
protection standards at a
Superfund site.
• Implementation Activities. OSHA
supports EPA in conducting workshops
to explain the requirements of the
standards and provides official
interpretatiwons of the health and safety
requirements.
Section 3. Scope of the
HAZWOPER Standard
The HAZWOPER Standard covers all
employers performing the following three
general categories of work operations:
• Hazardous waste site cleanup operations
[29 CFR 1910.120 paragraphs (b)-(o)]
(e.g., SUPERFUND cleanup).
• Operations involving hazardous waste
that are conducted at treatment, storage,
and disposal (TSD) facilities [paragraph
(p)] (e.g., landfill that accepts hazardous
waste).
• Emergency response operations
involving hazardous substance releases
[paragraph (q)] (e.g., chemical spill at a
manufacturing plant).
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Scope and Application of the HAZWOPER Standard
Work Operation
HAZWOPER
(Applicable Paragraphs)
Examples of Work Activities
Cleanup Operations
• Cleanup operations required by
governmental body or other
operations involving hazardous
substances that are conducted at
uncontrolled hazardous waste sites.
• Corrective actions involving
cleanup operations at sites covered
by RCRA.
• Voluntary cleanup operations at
sites recognized by federal, state,
29 CFR 1910.120(b)-(o)
• Site characterization of
hazardous waste site.
• Drum removal.
• Contaminated soil removal.
• Underground storage.
• Tank (UST) removal.
local or other
governmental
bodies as
uncontrolled
hazardous
waste sites.
1 4nr
'^k
Operations at TSD Facilities
• Operations involving hazardous
waste conducted at TSD facilities
regulated by 40 CFR 264 and 265
pursuant to RCRA or by agencies
under agreement with RCRA the
EPA to implement RCRA
regulations.
29 CFR 1910.120(p)
• Treating waste for disposal
at RCRA landfill.
• Handling waste at RCRA
landfill.
Emergency Response Operations
• Emergency response operations for
releases of, or substantial threats of
releases of, hazardous substances
without regard to location of
hazards.
29 CFR 1910.120(q)
• Response to spill of highly
toxic substance from
overturned 55-gallon drum.
• Response to leaking storage
tank.
• Response to overturned truck
carrying hazardous
materials.
• Response to chemical fire.
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Section 4. Provisions of
HAZWOPER for
Emergency Response
Operations
Paragraph (q) of HAZWOPER (29 CFR
1910.120) applies to releases of—or
substantial threats of releases of—hazardous
substances without regard to their location.
Covered employees generally include first
responders, such as HAZMAT team
members, fire and rescue personnel, police,
and medical personnel who may respond to
emergency releases.
Paragraph (q) does not apply to "incidental
releases" of hazardous substances, which are
releases that do not pose a significant safety
or health hazard to employees in the
immediate vicinity or to the employees
cleaning it up. Incidental releases are limited
in quantity, exposure potential, or toxicity
and present minor safety or health hazards to
employees in the immediate work area or
those assigned to clean them up (see 29 CFR
1910.120(a)(3)—"Definitions") for an
interpretation on the definition of an
emergency response.)
Section 5. Elements of the 29 CFR
1910.120(q)—Emergency Response
Program to Hazardous Substance
Releases
The emergency response program (subpart
q) covers employers whose employees are
engaged in emergency response, no matter
where it occurs. Those emergency response
organizations that have developed and
implemented programs equivalent to this
paragraph for handling releases of hazardous
substances pursuant to Section 304 of
EPCRA and CERCLA hazardous substances
shall all be deemed to have met the
requirements of this paragraph.
Elements of the Emergency Response Program
1910.120(q)( 1)
Emergency response plan
• Pre-emergency planning and coordination with outside parties.
• Personnel roles, lines of authority, training and communication.
• Emergency recognition and prevention.
• Safe distances and places of refuge.
• Site security and control.
• Evacuation routes and procedures.
• Decontamination procedures not covered by the site safety and health plan.
• Emergency medical treatment and first aid.
• Emergency alerting and response procedures.
• Critique of response and follow-up.
• PPE and emergency equipment.
1910.120(q)(3)
Procedures for handling emergency response
1910.120(q)(4)
Skilled support personnel
1910.120(q)(5)
Specialist employees
1910.120(q)(6)
Training (discussed in Section 6)
1910.120(q)(7)
Trainers
1910.120(q)(8)
Refresher training
1910.120(q)(9)
Medical surveillance and consultation
1910.120(q)(10)
Chemical protective clothing
1910.120(q)( 11)
Post-emergency response operation
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Section 6. Training (29 CFR
1910.120(q)(6)
Training shall be based on the duties and
functions to be performed by each responder
of an emergency response organization.
The skill and knowledge levels required for
all new responders hired after the effective
date of this standard shall be conveyed to
them through training before they are
permitted to take part in actual emergency
operations on an incident.
Employees who participate, or are expected
to participate, in emergency response shall
be given training in accordance with the
following:
• First responder awareness level: First
responders at the awareness level are
individuals who are likely to witness or
discover a hazardous substance release
and who have been trained to initiate an
emergency response sequence by
notifying the proper authorities of the
release. They would take no further
action beyond notifying the authorities of
the release.
• First responder operations level: First
responders at the operations level are
individuals who respond to releases or
potential releases of hazardous
substances as part of the initial response
to the site for the purpose of protecting
nearby persons, property or the
environment from the effects of the
release. They are trained to respond in a
defensive fashion without actually trying
to stop the release. Their function is to
contain the release from a safe distance,
keep it from spreading and prevent
exposures.
• Hazardous materials technician:
Hazardous materials technicians are
individuals who respond to releases or
potential releases for the purpose of
stopping the release. They assume a
more aggressive role than a first
responder at the operations level in that
they will approach the point of release in
order to plug, patch or otherwise stop the
release of a hazardous substance.
• Hazardous materials specialist:
Hazardous materials specialists are
individuals who respond with and
provide support to hazardous materials
technicians. Their duties parallel those of
the hazardous materials technician,
however, those duties require a more
directed or specific knowledge of the
various substances they may be called
upon to contain. The hazardous materials
specialist would also act as the site
liaison with federal, state, local and other
government authorities in regards to site
activities.
• On-scene incident commander:
Incident commanders, who will assume
control of the incident scene beyond the
first responder awareness level, shall
receive at least 24 hours of training equal
to the first responder operations level
and, in addition, will know and
understand how to implement the
employer's incident command system;
how to implement the employer's
emergency response plan; the hazards
and risks associated with employees
working in chemical protective clothing;
how to implement the local emergency
response plan; the state emergency
response plan and of the RRT; and the
importance of decontamination
procedures.
• Trainers: Trainers who teach any of the
above training subjects shall have
satisfactorily completed a training course
for teaching the subjects they are
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expected to teach, such as the courses
offered by the U.S. National Fire
Academy, or they shall have the training
and/or academic credentials and
instructional experience necessary to
demonstrate competent instructional
skills and a good command of the subject
matter of the courses they are to teach.
• Refresher training: Those employees
who are trained in accordance with
paragraph (q)(6) of this section shall
receive annual refresher training of
sufficient content and duration to
maintain their competencies or shall
demonstrate competency in those areas at
least yearly. A statement shall be made
of the training or competency, and if a
statement of competency is made, the
employer shall keep a record of the
methodology used to demonstrate
competency.
Training Requirements Emergency Response Operations
Emergency Responders (29 CFR 1910.120(q)(6))
• First Responder Awareness Level (witnesses or
discovers a release of hazardous substances and is
trained to notify the proper authorities).
• Sufficient initial training and
competencies.
• Annual refresher.
• First Responder Operations Level (responds to the
releases of hazardous substances in a defensive
manner, without trying to stop the release).
• Eight hours of initial training and
competencies.
• Annual refresher.
• Hazardous Materials Technician Level (responds
aggressively to stop the release of hazardous
substances).
• 24 hours of initial training and
competencies.
• Annual refresher.
• Hazardous Materials Specialist (responds with and
in support of HAZMAT technicians, but who have
specific knowledge of various hazardous substances).
• 24 hours of initial training and
competencies.
• Annual refresher.
• On Scene Incident Commander (assumes control of
the incident scene beyond the first responder
awareness level).
• 24 hours of initial training and
competencies.
• Annual refresher.
There are two National Fire Protection
Association standards. NFPA 472—
"Standard for Professional Competence of
Responders to Hazardous Material
Incidents" and NFPA 471—"Recommended
Practice for Responding to Hazardous
Material Incidents," which are excellent
resource documents to aid fire departments
and other emergency response organizations
in developing their training program
materials.
NFPA 472 provides guidance on the skills
and knowledge needed for first responder
awareness level, first responder operations
level, hazmat technicians, and hazmat
specialists. It also offers guidance for the
officer corps who will be in charge of
hazardous substance incidents. The scope of
NFPA 472 includes:
This standard shall identify the
minimum levels of competence
required by responders to
emergencies involving hazardous
materials weapons of mass
destruction (WMD). This standard
shall apply to any individual or
member of any organization who
responds to hazardous
materials WMD incidents. This
standard shall cover the
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competencies for awareness level
personnel, operations level
responders, hazardous materials
technicians, incident commanders,
hazardous materials officers,
hazardous materials safety officers
and other specialist employees.
In general, employers of emergency
response organizations who follow the
NFPA standards should be in compliance
with 29 CFR 1910.120(q). For more
information on the NFPA 472 standard, go
to https://www.nfpa.org/codes-and-
standards/all-codes-and-standards/list-of-
codes-and-standards/detail?code=472.
Workers who respond, but only initiate
defensive response measures (e.g.,
emergency shutdown activation), must be
trained to the operations level. Finally,
workers who initiate offensive response
measures must be trained to either the
technician or specialist level.
States offer training to their local responders
using HMEP training funds, other grants, or
state supported fees. Additionally, many
trade associations offer free training for local
agencies and emergency responders:
https://www.osha.gov/pls/oshaweb/
owadisp.show document?p table=STANDA
RDS&p id=9765.
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Appendix R.
Crosswalk of Statutes/CFR Regulations/
USC Citations
Code of Federal
U.S.C.
Statute
Description
Regulations (40
CFR)
Citation
(42)
Subtitle A
Section 301
Establishment of SERCs, Planning Districts, and
LEPCs
§ 11001
Section 302
Substances and Facilities Covered and Notification
§§ 355.lOto 35521
§ 11002
Section 303
Comprehensive Emergency Response Plans
§ 11003
Section 304
Emergency Release Notification
§§ 355.30 to 355.60
§ 11004
Section 305
Emergency Training and Review of Training Systems
§ 11005
Subtitle B
Section 311
Material Safety Data Sheets (MSDSs) or (SDSs)
§§ 370.10 to 370.33
§ 11021
Section 312
Emergency and Hazardous Chemical Inventory Forms
§§ 370.10 and 370.40
to 370.65
§ 11022
Section 313
Toxics Release Inventory (TRI)
§§ 372.3 to 372.95
§ 11023
Subtitle C
Section 321
Relationship to other Laws
§ 11041
Section 322
Trade Secrets
§§ 350.1 to 350.27
§ 11042
Section 323
Provision of Information to Health Professionals,
Doctors, and Nurses
§§ 350.40
§ 11043
Section 324
Public Availability of Plans, Data Sheets, Forms, and
Follow-up Notices
§ 11044
Section 325
Enforcement
§ 11045
Section 326
Civil Actions
§ 11046
Section 327
Exemption
§ 11047
Section 328
Regulations
§ 11048
Section 329
Definitions
§ 11049
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TECHNICAL RESOURCES
-------
EPCRA Webpage
www.epa.gov/epcra
EPCRA Video: Protecting Communities from Chemical Accidents
https://www.epa.gov/epcra/protecting-communities-chemical-accidents-emergencv-planning-
and-communitv-ri ght-know-act
How to Better Prepare Your Community for a Chemical Emergency: A Guide for State,
Tribal and Local Agencies
https://www.epa.gov/epcra/how-better-prepare-vour-communitv-chemical-emergencv-guide-
state-tribal-and-local-agencies
Chemical Emergency Preparedness and Prevention on Tribal Lands
https://www.epa.gov/rmp/chemical-emergencv-preparedness-and-prevention-tribal-lands
EPCRA (Non-313) Online Training for States, Tribes and LEPCs
https://www.epa.gov/epcra/epcra-non-section-313-online-training-states-tribes-lepcs-local-
planners-and-responders
This training describes the requirements of EPCRA. It provides the implementing regulations
and guidance for agencies to fulfill the responsibilities prescribed in the law and prepares them to
provide compliance assistance to facilities.
Participants will learn:
• The history of EPCRA.
• The requirements for state, tribal and local agencies to prepare and protect the community
from chemical emergencies.
• The requirements for industry to report the storage and releases of certain chemicals.
• The release reporting requirements under CERCLA as they relate to the EPCRA emergency
release reporting requirements.
EPCRA/RMP/Oil Call Center
https://www.epa.gov/epcra/call-center-support-epcra-regulations
NASTTPO Webpage
www.nasttpo.com
Sample LEPC Emergency Operations Plans (EOPs)
https://www.epa.gov/epcra/sample-emergencv-operations-plans
DOT/PHMSA Guidance for Conducting Hazardous Materials Flow Studies
https://www.phmsa.dot.gov/technical-resources/hazmat-technical-resources/guidance-
conducting-hazardous-materials-flow-studies
Sample Commodity Flow Studies
https://www.epa.gov/epcra/sample-commoditv-flow-studies
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SERC-TERC Monthly Newsletter
https://www.epa.gov/epcra/serc-terc-monthly-updates
EPA/CEPP Guidance Documents published in 1980/1990
. NRT-1
. NRT-1 a
. NRT-2
• Technical Guidance for Hazard Analysis
• Risk Communication about Chemicals in Your Community
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