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The Emergency Planning and Community Right-To-Know Act

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

What Does EPCRA Cover?

EPCRA has four major provisions:

· Emergency planning (Section 301-303)

· Emergency release notification (Section 304)

· Hazardous chemical storage reporting requirements (Sections 311-312), and

· Toxic chemical release inventory (section 313).

Information gleaned from these four requirements will help states and communities develop a broad perspective of chemical hazards for the entire community as well as for individual facilities.

Regulations implementing EPCRA are codified in Title 40 of the Code of Federal Regulations, parts 350 to 372. The chemicals covered by each of the sections are different as are the quantities that trigger reporting. Table 1 summarizes the chemicals and thresholds.

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

Emergency Response plans contain information that community officials can use at the time of a chemical accident. Community emergency response plans for chemical accidents were developed under section 303. The plans must:

· Identify facilities and transportation routes of extremely hazardous substances;

· Describe emergency response procedures on and off site;

· Designate a community coordinator and facility coordinator to implement the plan;

· Outline emergency notification procedures;

· Describe how to determine the probable affected area and population by releases;

· Describe local emergency equipment and facilities and the persons responsible for them;

· Outline evacuation plans;

· Provide a training program for emergency responders (including schedules); and,

· Provide methods and schedules for exercising emergency response plans.

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

What are the Emergency Notification Requirements (Section 304)?

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

· The chemical name;

· An indication of whether the substance is extremely hazardous;

· An estimate of the quantity released into the environment;

· The time and duration of the release;

· Whether the release occurred into air, water, and or land;

· Any known or anticipated acute or chronic health risks associated with the emergency, and where necessary, advice regarding medical attention for exposed individuals;

· Proper precautions, such as evacuation or sheltering in place; and,

· Name and telephone number of contact person.

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

For more information on EPCRA please click here:

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