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Emergency Planning and Community Right-to-Know Act (EPCRA) Requirements

EPA Commemorates 25 Years of EPCRA

The Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986 (EPCRA) was created to help communities plan for emergencies involving hazardous substances. The Act 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.

There are four major provisions of EPCRA:

  • Emergency Planning (Sections 301 – 303)
  • Emergency Release Notification (Section 304)
  • Hazardous Chemical Storage Reporting (Sections 311 – 312)
  • Toxic Chemical Release Inventory (Section 313)

Recent Updates:

Revisions to the Occupational Safety and Health Administration Hazard Communication Standards (HCS)
Amendments to the Emergency and Hazardous Chemical Inventory Forms (Tier I and Tier II)
Amendments to Rule for Extremely Hazardous Substances (EHS) and Threshold Planning Quantities (TPQs) for Solids in Solutions
Reporting Options of Section 311 and 312 and Interpretation
Administrative Reporting Exemption for Air Releases of Hazardous Substances from Animal Waste at Farms
Final Amendments to EPCRA Regulations

EPCRA Requirements:

Local Emergency Planning Requirements

EPCRA local emergency planning requirements (Sections 301 to 303) stipulate that every community in the United States must be part of a comprehensive emergency response plan. Facilities are required to participate in the planning process.

Chemical Reporting Requirements

According to the EPCRA chemical reporting requirements, facilities must report the storage, use, and release of certain hazardous chemicals.

Amendments to the Emergency and Hazardous Chemical Inventory Forms - (Tier I and Tier II)

On July 3, 2012, EPA amended the Emergency and Hazardous Chemical Inventory Forms under Section 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA) to add new data elements and revise some existing data elements. The amendments are intended to meet the purpose of EPCRA, which is "...to encourage and support state and local planning for emergencies caused by the release of hazardous chemicals and to provide citizens and governments with information concerning potential chemical hazards present in their communities."

The revisions:

  • respond to stakeholder requests, EPA is proposing to add new data elements to the Tier I and Tier II forms in an effort to make the forms more useful for state, local, and tribal agencies;
  • make reporting easier for facilities;
  • are intended to provide clarity in reporting while maintaining protection of human health and the environment; and
  • may impose minimal reporting burden on facilities since the data elements proposed are readily available to the facility. Revising the existing data elements will make the forms more user-friendly and ease reporting requirements for facilities.

Organizations and facilities subject to section 312 of EPCRA and its implementing regulations found in 40 CFR 370 may be affected by this rule.

Regulation: Hazardous Chemical Reporting: Revisions to the Emergency and Hazardous Chemical Inventory Forms (Tier I and Tier II) (17 pp, 281K, about PDF)

Fact Sheet: Revisions to the Emergency and Hazardous Chemical Inventory Forms (Tier I and Tier II) (PDF) (1 pg, 24K, about PDF)

Information on the Tier I and Tier II forms

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Amendments to Rule for Extremely Hazardous Substances (EHS) and Threshold Planning Quantities (TPQs) for Solids in Solutions

On April 15, 2011, the U.S. Environmental Protection Agency (EPA) proposed amendments to revise the way the regulated community applies the threshold planning quantities (TPQs) for Extremely Hazardous Substances (EHS). This applies to EHS that are non-reactive solid chemicals in solution form. With these amendments, EPA proposes modifying the assumptions used to develop the TPQs for solid EHS chemicals in solution. EPA is proposing these amendments because available data shows less potential for the solid chemical in solution to remain airborne in the event of an accidental release.

There are 157 EHS chemicals which could potentially be affected by this change. The affected chemicals are identified in Appendix C of the Technical Support Document for Revised TPQ Method for EHS Solids in Solution, which in is the docket to this rule. These 157 chemicals also appear with two TPQs (the higher TPQ is 10,000 pounds) in Appendices A and B of 40 CFR part 355.

Organizations and facilities subject to section 302 of the Emergency Planning and Community Right-to-Know Act (EPCRA) and its implementing regulations found in 40 CFR 355 subpart B may be affected by this rule.

FR Notice: http://www.regulations.gov/#!documentDetail;D=EPA-HQ-SFUND-2010-0586-0001

Fact Sheet: Amendments to Rule for Extremely Hazardous Substances (EHS) and Threshold Planning Quantities (TPQs) for Solids in Solutions Fact Sheet (PDF) (2 pp, 37K, about PDF)

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Reporting Options for Sections 311 and 312 and Interpretations

The U.S. Environmental Protection Agency (EPA) provided draft guidance in the preamble to the June 8, 1998, proposed rule (63 FR 31268) to streamline the reporting requirements for facilities under sections 311 and 312 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA). The Agency did not propose any regulatory changes, but sought comments on the reporting options. EPA is now providing guidance on the reporting options. The objective for this guidance is also to provide state and local agencies with flexibility in implementing sections 311 and 312 of EPCRA.

Regulation: Guidance on Reporting Options for Sections 311 and 312 and Interpretations (PDF) (8 pp, 204K, about PDF)

Fact Sheet: Emergency Planning and Community Right-to-Know Act – Guidance on Reporting Options for Sections 311 and 312 and Some Interpretations (PDF) (2 pp, 37K, about PDF)

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Administrative Reporting Exemption for Air Releases of Hazardous Substances from Animal Waste at Farms

The U.S. Environmental Protection Agency (EPA) is announcing a final rule to provide an administrative reporting exemption for releases to the air from animal waste at farms of any hazardous substance at or above the reportable quantity for those hazardous substances. EPA is saying that these reports are unnecessary because there is no reasonable expectation that a Federal response would be made as a result of such reports. The final rule reduces the burden of complying with Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and to a limited extent, the Emergency Planning and Community Right-to-Know Act (EPCRA) reporting requirements on the regulated community. This rule is effective January 20, 2009.

Regulation: CERCLA/EPCRA Administrative Reporting Exemption for Air Releases of Hazardous Substances from Animal Waste at Farms

Fact Sheet: CERCLA/EPCRA Administrative Reporting Exemption for Air Releases of Hazardous Substances from Animal Waste at Farms - Information on the Final Rule (PDF) (2 pp, 57K, about PDF)

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Final Amendments to EPCRA Regulations

EPA finalized several changes to the Emergency Planning (Section 302), Emergency Release Notification (Section 304) and Hazardous Chemical Reporting (Sections 311 and 312) regulations that were proposed on June 8, 1998 (63 FR 31268). These changes include clarification on how to report hazardous chemicals in mixtures, and changes to Tier I and Tier II forms. Additionally, the rules now use a question and answer format. Facilities subject to EPCRA reporting, State Emergency Response Commissions (SERCs), Local Emergency Planning Committees (LEPCs) and fire departments should become familiar with the new regulation. This final rule is effective on December 3, 2008.

Regulation: Emergency Planning and Community Right-to-Know Act; Amendments to Emergency Planning and Notification; Emergency Release Notification and Hazardous Chemical Reporting, Final Rule

Factsheet: Amendments to Emergency Planning and Notification; Emergency Release Notification and Hazardous Chemical Reporting. 40 CFR Parts 355 and 370 (PDF) (1 pp, 31K, about PDF)

On March 26, 2009, EPA corrected a technical error that appeared in the November 3, 2008 final rule published on Tier II inventory information. HTML | PDF (2 pp, 75K, about PDF)

This final rule is effective on March 26, 2009.

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