1. Emergency Planning and Community Right-to-Know Act (EPCRA)
Purpose
To better inform and protect communities by requiring local emergency preparedness programs and facilitating dissemination of information within local communities concerning hazardous chemicals present at facilities within those communities
Scope
Any facility that produces, uses, or stores, in certain threshold quantities, any substance listed on the EPA’s “List of Extremely Hazardous Substances”
Implementation of the Act
The State Emergency Response Commission (SERC), created in each state, implements the emergency planning requirements
The EPA receives submissions of the Toxic Release Inventory (TRI) reports with the authority to inspect and verify the reports

2. Emergency Planning and Community Right-to-Know Act (EPCRA) (cont.)
Promulgated in 1986 as part of the Superfund Amendments and Reauthorization Act (SARA)
Intended to generate citizen involvement and knowledge concerning certain types of hazards present in local communities
Addresses emergency planning within local communities
Contains community right-to-know reporting requirements
Provides for emergency notification of chemical releases
Requires compliance with toxic chemical inventory reporting requirements
Requirements designed to ensure that first responders to emergency incidents (primarily fire and law enforcement personnel) are not surprised and potentially injured or killed by encountering toxic substances at the scene of an emergency and that citizens can be better protected from hazards caused by an emergency situation

3. Emergency Planning State Emergency Response Commission (SERC)
Appointed by the governor of each state
Designates emergency planning districts within the state
Monitors compliance with relevant EPCRA provisions
Local Emergency Planning Committee (LEPC)
Appointed by the SERC in each of the state’s emergency planning districts
Threshold Planning Quantity (TPQ)
Amount of extremely hazardous substance present in a facility at any one time that, when exceeded, subjects the facility to the emergency planning requirements
Extremely Hazardous Substances (EHSs)
Substances causing a risk to human health or the environment that are monitored pursuant to EPCRA

4. Emergency Response Plans
Designates response parameters for local hazardous chemical emergency releases
Based on all of the information reported concerning EHSs in the community
Must designate response parameters for local hazardous chemical emergency releases
Contents of plans must meet EPCRA requirements

5. Emergency Response Plan Provisions
Identification of all facilities within the district subject to the emergency planning requirements of EPCRA
Identification of all routes within the district used to transport EHSs
Identification of all risk-related facilities in the district located near facilities such as natural gas facilities, power stations, high transmission towers, schools, or hospitals
A description of the methods and procedures to be followed by emergency response personnel when responding to an incident within the planning district
Designation of an emergency response coordinator and identification of all emergency response coordinators within the planning district
A description of emergency notification procedures that will be used to notify the public and any evacuation plans to be implemented in the event of a release
Specification of methods to determine whether a release has occurred, what the zone of danger is, and whether human life will be jeopardized
A list of all emergency equipment and facilities within the community that can be used to respond to a release
A description of the training program used to train emergency response personnel for releases, including a timetable for “exercising” (engaging in a mock release simulation) the emergency response plan within a district

6. Release Notification Emergency release
Release of a listed hazardous substance that is not permitted by the federal government, that exceeds the reportable quantity (RQ), and results in expose to humans off-site [40 C.F.R. sec (a)]
Reportable Quantity (RQ)
The threshold quantity that must be reported under EPCRA
Listed hazardous substances are those on the EPA’s list of EHSs, in addition to hazardous substances subject to the emergency notification requirements of the comprehensive CERCLA
National Response Center (NRC)
A center designed to coordinate responses to releases of hazardous substances
Established pursuant to CERCLA
Operated under the supervision of the National Response Team

7. Release Notification Requirements
Whether the notification is verbal or written, certain information must be provided concerning the release, including:
the name of any chemical substance released
its status or nonstatus as an extremely hazardous chemical (EHC)
an estimate of how much has been released
when the release occurred and how long it lasted
into what type of environment the chemical was released
known health risks associated with the chemical(s) released, along with any known medical protocols to be followed
what precautions should be taken, including, potentially, evacuation
the name and contact information for the facility representative handling the release

8. Community Right-to-Know Requirements
Two avenues available to the owner or operator of a facility for notifying the community of the type of chemicals being stored
(1) Submit a list of “hazardous chemicals” that exist at the facility in threshold quantities to the SERC, the LEPC, and the local fire department (LFD)
(2) Provide Material Safety Data Sheets (MSDS) concerning chemicals involved
A MSDS is a form with very specific information concerning the characteristics of a chemical substance and the proper care and handling procedures for that substance
Two Tiers of Reporting
Tier One
Tier Two
Tier Two Confidential Location Information Sheet

9. Hazard Categories
The categories that a facility uses to further identify the risk associated with the chemical include the following:
Immediate (acute) health hazard
designated by OSHA as “highly-toxic,” “toxic,” “corrosive,” “irritant,” and “sensitizer”
Delayed health hazard
designated by OSHA as a “carcinogen”
Fire hazard
designated by OSHA as “flammable,” “combustible liquid,” “oxidizer,” and “pyrophoric”
Sudden release of pressure hazard
designated by OSHA as “compressed gas” and “explosive”
Reactive hazard
designated by OSHA as “organic peroxide,” “unstable reactive,” and “water reactive”

10. Tier 1 Report
The owner or operator of a facility is required to submit information concerning each hazard category as follows:
A best estimate of the maximum quantity of hazardous chemicals in each category present at the facility at any time during the previous calendar year
An estimate of the average daily quantity of hazardous chemicals in each category
The general location at the facility of hazardous chemicals in each category

11. Tier 2 Report The scientific and common names of a chemical
Whether the chemical is an extremely hazardous substance
Whether a hazardous chemical at a facility is part of a mixture
Whether a hazardous chemical is solid, liquid, or gas
What the hazard categories are, into which the chemical falls
What the average amount of the chemical at the facility has been at any time or within the past year
How the chemical is stored
Where the chemical is stored at the facility
Whether the owner or operator of the facility has elected to keep location information confidential for some business purpose
If location information is kept confidential, that information is submitted on a Tier Two Confidential Location Information Sheet, which is available to EPCRA committees but not to the public

12. Toxic Chemical Release Inventory Reporting
Section 313 of EPCRA requires certain facilities to complete TRI Form R annually for specified chemicals
Toxic Chemical Release Inventory Reporting Form (Form R)
Provides sufficient data for emergency responders to know what toxic chemicals are located at a particular facility and how much risk is posed to human health and the environment from those chemicals in the event of a spill or release
Pollution Prevention Act (PPA) of 1990
When a facility files a Form R reporting information required by the EPCRA, the facility must, pursuant to the PPA, include other information on Form R as well
Generally, the information required by the PPA includes information concerning source reduction and recycling activities

13. Toxic Chemical Release Inventory Reporting Form (Form R)
The name, location, and main business activities at the facility
Any off-site locations to which waste containing toxic chemicals is transferred
The inclusion of whether the facility manufactures, imports, processes, or otherwise uses the toxic chemical
The maximum quantity of the chemical at the facility at any time during the past year
The quantity of the chemical that was released into the air, water, and land each year
Waste treatment and disposal procedures and their efficiency
Information concerning source reduction, recycling, and pollution prevention at the facility
A certification from a senior manager that the Form R information is complete and accurate

14. PPA - Information Required
The quantity of the chemical entering the waste streams before recycling, treatment, or disposal, and the percentage change of that quantity from the preceding year
The quantity of the chemical recycled and the percentage change of the quantity from the preceding year, as well as the way it is recycled
The quantity of the chemical treated off-site, and the percentage change in that quantity from the preceding year
The estimated quantity of the chemical expected to enter the waste stream prior to recycling, treatment, or disposal over the two years following the date of the submittal of Form R
The estimated quantity expected to be recycled over the two years following the date of the submittal of Form R
A description of the specific source reduction practices used by the facility, such as use of different (i) equipment, (ii) technology, (iii) handling, recycling, treatment, or disposal processes, (iv) materials, (v) management techniques such as training, and (vi) inventory control
The way source reduction ideas are obtained (e.g., from audits, employees, or management)
The ratio of production in the year the Form R is filed to production in the prior year
The quantity of the chemical released through accidents or other unintended methods

15. EPCRA – Other General Provisions
Federal Compliance with EPCRA
Presidential Executive Order
Trade Secrets (sec. 322)
Reporting facilities are authorized to withhold the identity of a chemical if it is a trade secret and they follow procedures established by the EPA
Information for Health Professionals
Information concerning the properties and composition of a chemical must be made available in circumstances where such information is a medical necessity

16. Enforcement Civil penalties Administrative penalties
Criminal penalties
Enforcement actions may be brought by
the EPA
citizens with standing
persons and entities
SERCs and LEPCs