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EPCRA Statute, Regulations & Enforcement
- The Statute
- EPCRA Regulations
- EPCRA Enforcement
- Other Federal Laws and Regulations Related to Emergency Planning and Community Right-to-Know
- State Laws and Regulations Relating to Emergency Planning and Community Right-to-Know
- Other Information Sources
The Emergency Planning and Community Right to Know Act (EPCRA) was enacted by Congress on October 17, 1986, as an outgrowth of concern over the protection of the public from chemical emergencies and dangers. Previously this had been covered by state and local regulatory authorities. After the catastrophic accidental release of methyl isocyanate at Union Carbide's Bhopal, India facility in December 1984, and a later toxic release from a West Virgina chemical plant it was evident that national public disclosure of emergency information was needed. EPCRA was emacted as as a stand-alone provision,Title III, in the Superfund Amendments and Reauthorization Act of 1986 (SARA).
EPCRA has three subtitles as follows:
Subtitle A - Emergency Planning and Notification: This establishes mechanisms and requirements for facilities and the states where they are located to prepare for and respond to unplanned hazardous substances releases.
Subtitle B - Reporting Requirements: This requires reporting of the chemical substances used by a facility or in their inventory that are deemed hazardous with maintenance of a Materials Safety Data Sheet being mandated under the hazard communication regulations of the Occupational Safety and Health Administration. Another reporting provision requires facilities to report emissions or environmental releases to EPA and the state where located on an annual basis, of specifically listed toxic chemicals that the facility manufactures, processes, uses, or otherwise handles in excess of specificed threshold quantities. This information is then placed into the Toxics Release Inventory, a publicly-acessible data bank.
Subtitle C - General Provisions: A variety of provisions are included here. Among them are are the civil, criminal, and administrative penaties associated with violations of the reporting requirements, restrictions on a facility owner/operator claiming ability to make trade-secrecy claims or confidential business information claims in connection with reporting, and the civil, criminal, and administrative penalties for reporting requirement violations. The statute also indecates that EPA, the states, private citizens, and emergency planning and response personnel can initiate enforcement actions.
The Emergency Planning and Community Right to Know Act (EPCRA) of 1986; 42 U.S.C. 11001 et seq. (1986) EPCRA summary | EPCRA full text |
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA); 42 U.S.C. 9601 et seq. CERCLA summary | CERCLA full text |
Although there are some provisions of EPCRA which are self-implementing (that is, no regulations are needed), the statute directed EPA to develop regulations for implementation of the EPCRA program. Regulations allow EPA to deal with complex issues in greater detail than is possible in a statute. Regulations, which are also known as rules, are proposed by EPA in the Federal Register for public comment and then, if accepted, promulgated as final or put into effect as part of the regulatory requirements. They are published in the Code of Federal Regulations (C.F.R.) when they are finalized.
EPCRA Regulations (40 C.F.R. Part 302, 350, 355, 370, 372, and 374)
EPA may issue a civil administrative compliant to any person or company who violates EPCRA. The complaint may impose a civil penalty, including recovery of any economic benefit of non-compliance, and may also require correction of the violation.
- Who must comply with EPCRA?
EPCRA Sections 301-303 -- Any facility that produces, uses, or stores any of 356 extremely hazardous substances (EHS) in quantities above the threshold planning quantity (TPQ). Transportation vessels are exempt. To find out whether the chemical(s) and quantities you have on site meet the criteria, call the EPCRA hotline at 1-800-535-0202. Important note: Even though you may not be subject to Sections 301-303, you may very well meet the criteria for EPCRA Sections 304, 311, 312, or 313.
EPCRA Section 304 and CERCLA Section 103 -- Facilities required to notify are those at which a hazardous chemical is produced, used, or stored and at which there is a release of a Reportable Quantity (RQ) of any EPCRA extremely hazardous substance or CERCLA hazardous substance. The RQs for extremely hazradous substances are listed in 40 C.F.R. Part 355, Appendix A. The RQs for hazardous substances are listed in 40 C.F.R. 302.4 . The notification is to be made to the local emergency planning committee (LEPC), the State emergency response commission (SERC), and the U.S. Coast Guard's National Response Center (NRC).
EPCRA Section 312 -- Facilities required to report are those required to prepare or have available material safety data sheets or MSDSs under Occupational Safety and Health Adminstration (OSHA) requirements and which had threshold planning quantities (TPQs) of hazardous chemicals present during the previous calendar year. The TPQ for extremely hazardous substances is the lower of 500 pounds or the TPQ as listed under EPCRA Section 302. For all other hazardous chemicals being stored, the threshold level is 10,000 pounds. The report required under this section is an annual report. The information is to be sent to the local emergency planning committee (LEPC), the fire department which responds to incidents at the facility, and the State emergency response commission (SERC).
EPCRA Section 313 -- Covered facilities (see Part 372.22) ust submit a reporting form (Form R or Form A) describing toxic chemical releases and certain other waste management activities. Covered facilities are those that: 1) have 10 or more employees; 2) are classified in a covered Standard Industrial Classification (SIC) code; and 3) either manufacture, process, or "otherwise use" a listed toxic chemical above applicable threshold amounts (see Part 372.25)
- What are the penalties for noncompliance?
Penalties for violations of EPCRA and CERCLA Section 103 may be up to $27,500 per violation (per day)
A publishes the "Enforcement Alert" Newsletter, an informational publication, that is intended to inform and educate the public and regulated community about important environmental enforcement issues, recent trends, and significant enforcement actions. The information contained in each issue should help the regulated community anticipate and prevent violations of federal environmental laws and the applicable regulations that could otherwise lead to enforcement actions. Past issues of Enforcement Alerts have highlighted such EPCRA enforcement concerns as:
"EPCRA/CERCLA: Hazardous Chemical Releases Above Certain Quantities Must Be Reported to Authorities; 13 Companies Recently Penalized for Not Complying (PDF)" (January 2002) EPA 300-N-02-001 (4 pp, 357KB)
"Community Water Systems Required to Provide Consumers Annual 'Right-to-Know' Report on Drinking Water Quality by July 1, 2001 (PDF)" (May 2001) EPA 300-N-01-005 (4 pp, 82KB)
Complete Listing of Enforcement Alerts
Other Federal Laws and Regulations Related to Emergency Planning and Community Right-to-Know
Pollution Prevention Act of 1990 (PPA) Congress passed the Pollution Prevention Act in November 1990. The purpose of the Act is to prevent or reduce pollution at its source whenever feasible, recognizing that all pollutants cannot be recycled or disposed of in an environmentally sound manner so as to prevent releases into the environment. EPA was tasked with assisting industry realize source reduction opportunities, providing information and assistance with implementing appropriate technologies. (Additional Information about Pollution Prevention)
Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCA), also known as "Superfund"
This law was enacted to address the problems of hazardous waste found at inactive or abandoned sites or those resulting from spills that require emergency response. CERCLA was amended by the Superfund Amendments and Reuthorizations Act of 1986 (SARA) with EPCRA enacted as Title III. (Additional Information).
Clean Air Act of of 1970 (CAA)
The Clean Air Act created a national program to control the damaging effects of air pollution by regulating stationary and mobile sources of air emissions. The Clean Air Act Amendments of 1990 went further to ensure that the air Americans breathe is safe. The CAA Amendments of 1990 included the Section 112(r) that requires owners and operators of stationary sources to identify hazards, and prevent and minimize the effects of accidental releases wherever extremely hazardous substances are present at their facility. This section was added to improve facilities' accident prevention and emergency preparedness. Section 112(r) encompasses both the General Duty Clause of Section 112(r)(1) and the Risk Management Program of Section 112(r)(7). Some of the other federal agencies also have similar provisions in their statutes. (Additional Information)
Occupational Safety and Health Act of 1970 (OSHA), commonly called the "OSH Act" OSHA was enacted to assure that "worker protection" is provided by employers. OSHA is administered nationally by the Occupational Safety and Health Administration, also called OSHA, which is a division of the U.S. Department of Labor. This office oversees OSHA administration and has enforcement authority over OSHA standards in all 50 states. OSHA requires that employers provide health and safety training and protective equipment as is appropriate to the job requires that facilities handling hazardous substances maintain Material Safety Data Sheets, in addition to other requirements. (Additional Information)
State Laws and Regulations Related to Emergency Planning and Community Right-to-Know
Before the enactment of EPCRA in 1986, matters relating to emergency planning, response, and providing information on hazards was through state and local regulatory authorities. Some states have now enacted their own legislation similar to EPCRA. These laws generally mirror EPCRA and are contained in that state's code of laws and regulations.
State EPCRA Information
Chemicals In Your Community
EPCRA Laws and Regulations
EPA Toxics Release Inventory (TRI)
EPCRA Frequently Asked Questions and Answers
EPA Chemical Accident Prevention/Emergency Preparedness Laws and Regulations, General Information (Clean Air Act's Section 112(r) General Duty Clause)
EPA Chemical Emergency Preparedness and Prevention Office (CEPPO)
EPA Chemical Right-to-Know Initiative
EPCRA Hotline (800) 535-0202
CERCLA Helpline (703) 908-2066
OSHA Enforcement