Emergency Planning and Community Right-To-Know Requirements

EPCRA Section 302 requires facilities to notify the State Emergency Response Commission (SERC) and Local Emergency Planning Committee (LEPC) if they have any extremely hazardous substances (EHS) present at or above the threshold planning quantity (TPQ). The purpose of this section is to establish a list of substances of concern and gather information for emergency planning and response. Facilities must provide a one-time written notification regarding the presence of these substances to ensure community safety.

EPCRA Section 311 of the Emergency Planning and Community Right-to-Know Act (EPCRA) requires that the owner or operator of a facility must submit a material safety data sheet (MSDS) or safety data sheet (SDS) for each hazardous chemical which meets or exceeds a specified threshold quantity at the facility, to the State emergency response commission, the local emergency planning committee, and the local fire department with jurisdiction over the facility. Sections 311 and 312 of EPCRA are known as community right-to-know reporting, and under these requirements, facilities report on all hazardous chemicals present on site, which include extremely hazardous substances established under Section 302 of EPCRA.

EPCRA Section 312 is a part of the Emergency Planning & Community Right-to-Know Act (EPCRA). Under this section, facilities are required to submit a Tier Two report if the hazardous or extremely hazardous substances (EHS) they store on site meet or exceed the reporting threshold. The report is an annual inventory of hazardous chemicals onsite that surpass a stated quantity threshold. The report is due by March 1 each year.

EPCRA Section 322 allows facilities to:

1. Claim specific chemical identity as a trade secret from certain EPCRA reports submitted to the SERC, TERC, LEPC, TEPC, and the fire department.
2. Withhold the specific chemical identity from the reports filed under sections 303, 311, 312, and 313 of EPCRA if the facilities submit a claim with substantiation to EPA.

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. It also states that certain information developed under EPCRA, as well as the reports submitted by facilities under EPCRA, should be available to the public. The Public Access portion of EPCRA provides for public access to information gathered under this law from the LEPC and the SERC during their normal working hours.

EPCRA Section 325 of the Emergency Planning and Community Right-to-Know Act (EPCRA) 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. EPCRA §325 authorizes the U.S. EPA Administrator to issue orders compelling owners or operators of facilities to comply with §§302 (c) and 303 (d) relating to Emergency Planning and to assess penalties administratively for violations of §304 Emergency Notification, §311 Material Safety Data Sheets, §312 Emergency and Hazardous Chemical Inventory, §313 Toxic Chemical Release Forms, §322 Trade Secrets, and §323 (b) Provision of Information to Health Professionals, Doctors and Nurses.

EPCRA Section 327 exempts from any Title III reporting requirement (other than the Section 304 notification obligation) substances or chemicals in transportation and/or being stored incident to transportation, including the transportation and distribution of natural gas.

For additional information see Title 40, Chapter I, Subchapter J, Part 370