Civil Enforcement

The effective implementation of the Emergency Planning and Community Right to Know Act (EPCRA) and the EPCRA Regulations depends on whether or not the people, companies, and other entities (i.e., the regulated community) comply with the various requirements. These are outlined below:

EPCRA 304/CERCLA 103

EPCRA Section 304 and CERCLA Section 103 require facilities to immediately notify the State Emergency Response Commission (SERC), the Local Emergency Planning Committee (LEPC), and the National Response Center (NRC) of a chemical release where the release exceeds chemical specific thresholds (reportable quantities or RQs). Specifically, facilities must provide: the name of the chemical, whether the chemical is an Extremely Hazardous Substance (EHS), an estimate of the quantity released, the time and duration of the release, the medium of release, any human health risks posed by the release and precautions taken by the facility, facility contact information. Timely notification ensures that emergency personnel can properly evaluate the nature and extent of a response action at the facility or in the neighboring community and ascertain whether a government response is necessary. A delay or failure to notify could seriously hamper federal and state response activities and pose serious threats to human health and the environment.

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EPCRA 311/312

EPCRA Section 311 requires covered facilities to submit Material Safety Data Sheets (MSDS) for each covered chemical, or a list of such chemicals within 3 months of the date the Occupational Safety and Health Administration (OSHA) requires the facility to maintain an MSDS, and submit it to the LEPC, the SERC, and the local fire department. EPCRA Sections 312 requires facilities to submit annual inventory forms to the SERC, the LEPC, and the local fire department. Covered facilities include those that produce, use, or store hazardous chemicals in amounts greater than threshold quantities. Hazardous chemicals are defined by OSHA. Threshold quantities are: 500 pounds or applicable threshold planning quantity for EHSs, and 10,000 pounds or more for other chemicals. EPCRA Sections 311-312 prepare those responding to emergencies, facilitate development of emergency plans, and inform the local community about hazardous chemicals present at local facilities.

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EPCRA 313

EPCRA Section 313 requires certain manufacturers, processors, and users of over 600 listed toxic chemicals and chemical compounds to report annually on the quantity of releases of chemicals entering each environmental medium (including transfers off-site) for the Toxic Release Inventory (TRI). These reports must be sent to EPA and the applicable state or tribal agencies by July 1 of each year following the year for which the reporting is generated. TRI reporting criteria attaches to: facilities in designated Standard Industrial Classification (SIC) Codes, facilities with 10 or more full time employees, facilities that manufacture, process or otherwise use a listed toxic chemical above designated thresholds. Covered facilities submitted information to the TRI for the first time in 1987. The information obtained from those first submissions allowed the public, government, and regulated community to assess the magnitude of chemical emissions in the United States; to compare chemical releases among facilities and transfers of chemical wastes among states, industries, facilities, and environmental media; and perhaps most importantly, to assess the need to reduce and where possible, eliminate certain releases and transfers. The TRI enables all parties interested in environmental management to establish credible baselines regarding actual chemical releases in a particular area. The TRI is considered to be one of the most powerful forces in empowering the federal, state and local governments, industry, environmental groups, and the general public to fully participate in an informed dialogue about the environmental and human health impacts of toxic chemical manufacture and use in the United States.

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Projects:

The National Nitrates Compliance Incentive Program, was developed and carried out as a Compliance Incentive Program under the Audit Policy which encouraged proper TRI reporting of nitrates. Additional information on the program is available in The National Nitrate Compliance Initiative Report (PDF) (04/02) (EPA-300-R-02-003) (PDF, 3.77MB, 115 pages). Also see the "Enforcement Alert" Newsletter on nitrates.

Additional Information:

EPCRA Factsheet (PDF) (03/00) (EPA-F-00-004) (PDF, 65KB, 5 pages)
Hazardous Substances Release Reporting Triggers
Reporting Requirements for Continuous Releases
Consolidated List of Chemicals subject to EPCRA (PDF) (10/01) (EPA-B-01-003) (PDF, 805KB, 105 pages)

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