Emergency Planning and Community Right-to-Know Act
Encyclopedia
The Emergency Planning and Community Right-to-Know Act of 1986 is a United States federal law passed by the 99th United States Congress
located at Title 42, Chapter 116 of the U.S. Code, concerned with emergency response preparedness.
On October 17, 1986, President Ronald Reagan
signed into law the Superfund Amendments and Reauthorization Act
of 1986 (SARA). This act amended the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), commonly known as "Superfund".
A free-standing law, the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) was commonly known as SARA Title III. Its purpose is to encourage and support emergency planning efforts at the state and local levels and to provide the public and local governments with information concerning potential chemical hazards present in their communities.
(MIC) into the air. Used in the manufacture of pesticides, MIC is a lethal chemical. The gas quickly and silently diffused over the ground and, in the end, killed, by some estimates, upwards to 5,000 people and injured 50,000 more. The only other place in the world that Union Carbide
manufactured MIC is at its Institute plant in the Kanawha Valley of West Virginia.
A week after the Bhopal accident, on December 11, 1984, Hank Karawan, then plant manager of the Union Carbide's Institute facility, held a press conference at which he expressed his confidence in the safety of the Institute plant's operations:
“All of us here at the Institute plant have been deeply saddened by the tragic event in India and we extend our sympathy to all the people in the city of Bhopal. I am pleased to have the opportunity to make a point here this morning. Employees of the Institute plant have been manufacturing MIC in an effective and safe manner for seventeen years. We are extremely proud of that safety record. We are confident in the ability of our trained, dedicated, skilled, and experienced people. We are confident in the equipment that we operate, the safety precautions that we utilize, the monitoring systems that we have, and our plant emergency preparedness.”
Despite Mr. Karawan's vote of confidence for the safety of the MIC operations at his plant, Union Carbide elected to shut down production of the deadly chemical until it could make $500 million worth of safety improvements. On May 4, 1985, Union Carbide resumed production of MIC. On August 11, 1985, on the heels of the completion of the safety improvement program just a few months before, 500 gallons of highly toxic aldchiloxin (phonetic) and MIC leaked from the Institute plant. Although no one was killed, 134 people living around the plant were treated at local hospitals.
Both the Bhopal and the Institute incidents underscored the reality of modern-day chemical production -- no matter what safety precautions are taken, no matter how well trained a plant's employees may be, and no matter how prepared a plant may be to handle an emergency situation, accidents will occur and people will die. Indeed, around the time of the Bhopal disaster
, 6,928 chemical accidents occurred in the United States within a five year period. In response to this growing threat, the United States Congress passed the Emergency Planning and Community Right-to-Know Act (EPCRA) in 1986.
(LEPC). LEPCs are governed by the State Emergency Response Commission (SERC) in each state.
Under the Emergency Planning and Community Right-to-Know Act, SERCs and LEPCs are charged with four primary responsibilities:
The plan developed by the LEPC must:
Determining if a facility is subject to the EPCRA emergency planning requirements is straightforward. The Environmental Protection Agency
(EPA) has published a list of "extremely hazardous substances (EHS)." For each EHS, the list includes the name, the Chemical Abstract Service number
of the substance, and a number called a threshold planning quantity (TPQ). The TPQ, expressed in pounds, is the critical number. If a facility has within its boundaries an amount of an extremely hazardous substance equal to or in excess of its threshold planning quantity, the facility is subject to the EPCRA emergency planning requirements and must notify both the SERC and the LEPC of this fact. The facility must also appoint an emergency response coordinator who will work with the LEPC on developing and implementing the local emergency plan at the facility.
The RQ is the critical number that determines if a release must be reported. This is a number expressed in pounds that is assigned to each chemical in the above-mentioned tables. If the amount of a chemical released to the environment exceeds the reportable quantity, the facility must immediately report the release to the appropriate LEPC and SERC and provide a written follow-up as soon as practicable. Immediate notification must include the following:
In addition to immediate notification, facilities are required to provide a follow-up report, in writing, "update(ing) the original notification, provid(ing) additional information on response actions taken, known or anticipated health risks, and, if appropriate, advice regarding any medical care needed by exposure victims." Failure to notify the proper authorities may result in civil penalties of up to $25,000 per day for each day of non-compliance and criminal penalties of up to $25,000 in fines and prison sentences of up to two years.
Of course there are exceptions. A release which results in exposure to persons solely within the facility boundary or is a federally permitted release does not have to be reported. Also, continuous pesticide
and radionuclide
releases meeting specified conditions are exempt.
(OSHA) under its Hazard Communication Standard to prepare or have available a Material Safety Data Sheet
(MSDS) for a hazardous chemical (See II above for definition) or that has on-site, for any one day in a calendar year, an amount of a hazardous chemical equal to or greater than the following threshold limits established by the EPA: for hazardous chemicals; or
If a facility is subject to reporting under these sections, it must submit information to the SERC, the LEPC and the local fire department with jurisdiction over the facility under two categories: MSDS reporting and inventory reporting.
(TRI), an inventory of routine toxic chemical emissions from certain facilities. The original data requirements for the TRI, specified in SARA Title III, have been greatly expanded by the Pollution Prevention Act of 1990. The TRI must now also include information on source reduction, recycling and treatment.
To obtain this data, EPCRA requires each affected facility to submit a Toxic Chemical Release Inventory Form (Form R) to the EPA and designated state officials each year on July 1. A facility must file a Form R if it:
On October 29, 1999, EPA published a final rule (64 FR 58666) adding certain chemicals and chemical categories to the EPCRA section 313 list of toxic chemicals and lowering the reporting threshold for persistent bioaccumulative toxic (PBT) chemicals. On January 17, 2001 EPA published a final rule (66 FR 4500) that classified lead and lead compounds as PBT chemicals and lowered their reporting thresholds.
In December 2006, the EPA finalized a new TRI Rule which expands eligibility for use of the Form A Certification Statement in lieu of the more detailed Form R. Details about this final rule can be found on the EPA website under TRI Reporting.
, in accordance with AFR 355-1, "Disaster Preparedness, Planning and Operations," has voluntarily complied with Sections 303 and 304 of EPCRA in spite of the fact that federal facilities were initially exempt from its requirements. On August 3, 1993, President Clinton
signed Executive Order 12856, "Federal Compliance With Right-to-Know Laws and Pollution Prevention Requirements." This Executive Order requires federal agencies, including the Department of Defense
, to fully comply with all provisions of EPCRA and the Pollution Prevention Act with one notable exception: the reporting requirements under Section 313. Currently, a non-federal facility must file a Form R only if it is in a specified Standard Industrial Classification
(SIC) Code. This exclusion does not apply to federal agencies. Federal agencies will comply with the provisions of Section 313 regardless of the SIC code that applies to their facilities.
99th United States Congress
The Ninety-ninth United States Congress was a meeting of the legislative branch of the United States federal government, composed of the United States Senate and the United States House of Representatives. It met in Washington, DC from January 3, 1985 to January 3, 1987, during the fifth and sixth...
located at Title 42, Chapter 116 of the U.S. Code, concerned with emergency response preparedness.
On October 17, 1986, President Ronald Reagan
Ronald Reagan
Ronald Wilson Reagan was the 40th President of the United States , the 33rd Governor of California and, prior to that, a radio, film and television actor....
signed into law the Superfund Amendments and Reauthorization Act
Superfund
Superfund is the common name for the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 , a United States federal law designed to clean up sites contaminated with hazardous substances...
of 1986 (SARA). This act amended the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), commonly known as "Superfund".
A free-standing law, the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) was commonly known as SARA Title III. Its purpose is to encourage and support emergency planning efforts at the state and local levels and to provide the public and local governments with information concerning potential chemical hazards present in their communities.
Background
During the early morning hours of December 3, 1984, a Union Carbide plant in a village just South of Bhopal, India released approximately forty tons of Methyl IsocyanateMethyl isocyanate
Methyl isocyanate is an organic compound with the molecular formula CH3NCO. Synonyms are isocyanatomethane, methyl carbylamine, and MIC. Methyl isocyanate is an intermediate chemical in the production of carbamate pesticides . It has also been used in the production of rubbers and adhesives...
(MIC) into the air. Used in the manufacture of pesticides, MIC is a lethal chemical. The gas quickly and silently diffused over the ground and, in the end, killed, by some estimates, upwards to 5,000 people and injured 50,000 more. The only other place in the world that Union Carbide
Union Carbide
Union Carbide Corporation is a wholly owned subsidiary of The Dow Chemical Company. It currently employs more than 2,400 people. Union Carbide primarily produces chemicals and polymers that undergo one or more further conversions by customers before reaching consumers. Some are high-volume...
manufactured MIC is at its Institute plant in the Kanawha Valley of West Virginia.
A week after the Bhopal accident, on December 11, 1984, Hank Karawan, then plant manager of the Union Carbide's Institute facility, held a press conference at which he expressed his confidence in the safety of the Institute plant's operations:
“All of us here at the Institute plant have been deeply saddened by the tragic event in India and we extend our sympathy to all the people in the city of Bhopal. I am pleased to have the opportunity to make a point here this morning. Employees of the Institute plant have been manufacturing MIC in an effective and safe manner for seventeen years. We are extremely proud of that safety record. We are confident in the ability of our trained, dedicated, skilled, and experienced people. We are confident in the equipment that we operate, the safety precautions that we utilize, the monitoring systems that we have, and our plant emergency preparedness.”
Despite Mr. Karawan's vote of confidence for the safety of the MIC operations at his plant, Union Carbide elected to shut down production of the deadly chemical until it could make $500 million worth of safety improvements. On May 4, 1985, Union Carbide resumed production of MIC. On August 11, 1985, on the heels of the completion of the safety improvement program just a few months before, 500 gallons of highly toxic aldchiloxin (phonetic) and MIC leaked from the Institute plant. Although no one was killed, 134 people living around the plant were treated at local hospitals.
Both the Bhopal and the Institute incidents underscored the reality of modern-day chemical production -- no matter what safety precautions are taken, no matter how well trained a plant's employees may be, and no matter how prepared a plant may be to handle an emergency situation, accidents will occur and people will die. Indeed, around the time of the Bhopal disaster
Bhopal disaster
The Bhopal disaster also known as Bhopal Gas Tragedy was a gas leak incident in India, considered one of the world's worst industrial catastrophes. It occurred on the night of December 2–3, 1984 at the Union Carbide India Limited pesticide plant in Bhopal, Madhya Pradesh, India...
, 6,928 chemical accidents occurred in the United States within a five year period. In response to this growing threat, the United States Congress passed the Emergency Planning and Community Right-to-Know Act (EPCRA) in 1986.
Primary responsibilities
In November of 1986, the United States Congress passed the Emergency Planning and Community Right-to-Know Act ("EPCRA" or "the Act") to help America's communities "deal safely and effectively with the many hazardous substances that are used throughout our society." The purpose of the Act is two-fold: (1) to encourage and support emergency planning for responding to chemical accidents; and (2) to provide local governments and the public with information about possible chemical hazards in their communities. To facilitate cooperation between industry, interested citizens, environmental and other public-interest organizations, and government at all levels, the Act establishes an ongoing "forum" at the local level called the Local Emergency Planning CommitteeLocal Emergency Planning Committee
Local Emergency Planning Committees are quasi-governmental bodies, generally at the county or municipal level, in the United States. They do not function in actual emergency situations, but attempt to identify and catalogue potential hazards, identify available resources, mitigate hazards when...
(LEPC). LEPCs are governed by the State Emergency Response Commission (SERC) in each state.
Under the Emergency Planning and Community Right-to-Know Act, SERCs and LEPCs are charged with four primary responsibilities:
- Write emergency plans to protect the public from chemical accidents;
- Establish procedures to warn and, if necessary, evacuate the public in case of an emergency;
- Provide citizens and local governments with information about hazardous chemicals and accidental releases of chemicals in their communities; and
- Assist in the preparation of public reports on annual release of toxic chemicals into the air, water, and soil.
EPCRA Reporting Requirements
EPCRA does not place limits on which chemicals can be stored, used, released, disposed, or transferred at a facility. It only requires a facility to document, notify, and report information. Each section of the law, however, applies different requirements, has different deadlines and covers a different group of chemicals.Emergency Planning (Sections 301-303)
These sections are to ensure that state and local communities are prepared to respond to potential chemical accidents. As a first step, each state had to establish a State Emergency Response Commission (SERC). In turn, the SERC designated local emergency planning districts. For each district, the SERC appoints, supervises and coordinates the activities of a Local Emergency Planning Committee (LEPC). The LEPC must, in turn, develop an emergency response plan for its district and review it annually. The membership of the LEPC includes representatives of public and private organizations as well as a representative from every facility subject to EPCRA emergency planning requirements.The plan developed by the LEPC must:
- identify affected facilities and transportation routes;
- describe emergency notification and response procedures;
- designate community and facility emergency coordinators;
- describe methods to determine the occurrence and extent of a release;
- identify available response equipment and personnel;
- outline evacuation plans;
- describe training and practice programs and schedules; and
- contain methods and schedules for exercising the plan.
Determining if a facility is subject to the EPCRA emergency planning requirements is straightforward. The Environmental Protection Agency
United States Environmental Protection Agency
The U.S. Environmental Protection Agency is an agency of the federal government of the United States charged with protecting human health and the environment, by writing and enforcing regulations based on laws passed by Congress...
(EPA) has published a list of "extremely hazardous substances (EHS)." For each EHS, the list includes the name, the Chemical Abstract Service number
CAS registry number
CAS Registry Numbersare unique numerical identifiers assigned by the "Chemical Abstracts Service" toevery chemical described in the...
of the substance, and a number called a threshold planning quantity (TPQ). The TPQ, expressed in pounds, is the critical number. If a facility has within its boundaries an amount of an extremely hazardous substance equal to or in excess of its threshold planning quantity, the facility is subject to the EPCRA emergency planning requirements and must notify both the SERC and the LEPC of this fact. The facility must also appoint an emergency response coordinator who will work with the LEPC on developing and implementing the local emergency plan at the facility.
Emergency Release Notification (Section 304)
A facility may be subject to these reporting requirements even if it is not subject to the provisions of Sections 301-303. This section applies to any facility which stores, produces or uses a "hazardous chemical" (any chemical which is a physical hazard or a health hazard) and releases a reportable quantity (RQ) of a substance contained in either of the following two tables published by the EPA in the Code of Federal Regulations:- list of extremely hazardous substances; and
- list of CERCLA hazardous substances.
The RQ is the critical number that determines if a release must be reported. This is a number expressed in pounds that is assigned to each chemical in the above-mentioned tables. If the amount of a chemical released to the environment exceeds the reportable quantity, the facility must immediately report the release to the appropriate LEPC and SERC and provide a written follow-up as soon as practicable. Immediate notification must include the following:
- The name of the chemical;
- The location of the release;
- Whether the chemical is on the "extremely hazardous" list;
- How much of the substance has been released;
- The time and duration of the incident;
- Whether the chemical was released into the air, water, or soil, or some combination of the three;
- Known or anticipated health risks and necessary medical attention;
- Proper precautions, such as evacuation; and
- A contact person at the facility.
In addition to immediate notification, facilities are required to provide a follow-up report, in writing, "update(ing) the original notification, provid(ing) additional information on response actions taken, known or anticipated health risks, and, if appropriate, advice regarding any medical care needed by exposure victims." Failure to notify the proper authorities may result in civil penalties of up to $25,000 per day for each day of non-compliance and criminal penalties of up to $25,000 in fines and prison sentences of up to two years.
Of course there are exceptions. A release which results in exposure to persons solely within the facility boundary or is a federally permitted release does not have to be reported. Also, continuous pesticide
Pesticide
Pesticides are substances or mixture of substances intended for preventing, destroying, repelling or mitigating any pest.A pesticide may be a chemical unicycle, biological agent , antimicrobial, disinfectant or device used against any pest...
and radionuclide
Radionuclide
A radionuclide is an atom with an unstable nucleus, which is a nucleus characterized by excess energy available to be imparted either to a newly created radiation particle within the nucleus or to an atomic electron. The radionuclide, in this process, undergoes radioactive decay, and emits gamma...
releases meeting specified conditions are exempt.
Community Right-to-Know Reporting Requirements (Sections 311-312)
The purpose of these requirements is to increase community awareness of chemical hazards and to facilitate emergency planning. This section applies to any facility that is required by the Occupational Safety and Health AdministrationOccupational Safety and Health Administration
The United States Occupational Safety and Health Administration is an agency of the United States Department of Labor. It was created by Congress of the United States under the Occupational Safety and Health Act, signed by President Richard M. Nixon, on December 29, 1970...
(OSHA) under its Hazard Communication Standard to prepare or have available a Material Safety Data Sheet
Material safety data sheet
A Material Safety Data Sheet is a form with data regarding the properties of a particular substance....
(MSDS) for a hazardous chemical (See II above for definition) or that has on-site, for any one day in a calendar year, an amount of a hazardous chemical equal to or greater than the following threshold limits established by the EPA: for hazardous chemicals; or
- lesser of 500 pounds (226.8 kg) or the threshold planning quantity (TPQ) for extremely hazardous substances.
If a facility is subject to reporting under these sections, it must submit information to the SERC, the LEPC and the local fire department with jurisdiction over the facility under two categories: MSDS reporting and inventory reporting.
MSDS Reporting
MSDS reporting requirements specifically provide information to the local community about mixtures and chemicals present at a facility and their associated hazards. For all substances whose on-site quantities exceed the above threshold limits, the facility must submit the following:- initially a copy of the MSDS for each above-threshold chemical on-site or a list of the chemicals grouped into categories; and
- within three months of any change, an MSDS or list for additional chemicals which meet the reporting criteria.
Inventory Reporting
Inventory reporting is designed to provide information on the amounts, location and storage conditions of hazardous chemicals and mixtures containing hazardous chemicals present at facilities. The inventory report has two forms. The Tier One form, the simpler of the two, contains aggregate information for applicable hazard categories and must be submitted yearly by March 1. The Tier Two form contains more detailed information, including the specific names of each chemical. This form is submitted upon request of any of the agencies authorized to receive the Tier One form. It can also be submitted yearly in lieu of the Tier One Form.Toxic Chemical Release Inventory Reporting (Section 313)
The data gathered will assist in research and development of regulations, guidelines, and standards. Under this section, The EPA is required to establish the Toxics Release InventoryToxics Release Inventory
The Toxics Release Inventory is a publicly available database containing information on toxic chemical releases and other waste management activities in the United States.-Summary of requirements:...
(TRI), an inventory of routine toxic chemical emissions from certain facilities. The original data requirements for the TRI, specified in SARA Title III, have been greatly expanded by the Pollution Prevention Act of 1990. The TRI must now also include information on source reduction, recycling and treatment.
To obtain this data, EPCRA requires each affected facility to submit a Toxic Chemical Release Inventory Form (Form R) to the EPA and designated state officials each year on July 1. A facility must file a Form R if it:
- has 10 or more full-time employees;
- is in a specified Standard Industrial Classification Code; and
- manufactures more than 25,000 lb/year of a listed toxic chemical; or
- processes more than 25,000 lb/year of a listed toxic chemical; or
- otherwise uses more than 10,000 lb/year of a listed toxic chemical; or
- manufactures, processes or otherwise uses a listed persistent bioaccumaltive toxic (PBT) chemical above the respective PBT's reporting threshold. PBT reporting thresholds can vary anywhere from 0.1 grams for dioxin compounds to 100 pounds (45.4 kg) for lead.
On October 29, 1999, EPA published a final rule (64 FR 58666) adding certain chemicals and chemical categories to the EPCRA section 313 list of toxic chemicals and lowering the reporting threshold for persistent bioaccumulative toxic (PBT) chemicals. On January 17, 2001 EPA published a final rule (66 FR 4500) that classified lead and lead compounds as PBT chemicals and lowered their reporting thresholds.
In December 2006, the EPA finalized a new TRI Rule which expands eligibility for use of the Form A Certification Statement in lieu of the more detailed Form R. Details about this final rule can be found on the EPA website under TRI Reporting.
Federal Agency Responsibilities Under EPCRA
Since April 30, 1993, the United States Air ForceUnited States Air Force
The United States Air Force is the aerial warfare service branch of the United States Armed Forces and one of the American uniformed services. Initially part of the United States Army, the USAF was formed as a separate branch of the military on September 18, 1947 under the National Security Act of...
, in accordance with AFR 355-1, "Disaster Preparedness, Planning and Operations," has voluntarily complied with Sections 303 and 304 of EPCRA in spite of the fact that federal facilities were initially exempt from its requirements. On August 3, 1993, President Clinton
Bill Clinton
William Jefferson "Bill" Clinton is an American politician who served as the 42nd President of the United States from 1993 to 2001. Inaugurated at age 46, he was the third-youngest president. He took office at the end of the Cold War, and was the first president of the baby boomer generation...
signed Executive Order 12856, "Federal Compliance With Right-to-Know Laws and Pollution Prevention Requirements." This Executive Order requires federal agencies, including the Department of Defense
United States Department of Defense
The United States Department of Defense is the U.S...
, to fully comply with all provisions of EPCRA and the Pollution Prevention Act with one notable exception: the reporting requirements under Section 313. Currently, a non-federal facility must file a Form R only if it is in a specified Standard Industrial Classification
Standard Industrial Classification
The Standard Industrial Classification is a United States government system for classifying industries by a four-digit code. Established in 1937, it is being supplanted by the six-digit North American Industry Classification System , which was released in 1997; however certain government...
(SIC) Code. This exclusion does not apply to federal agencies. Federal agencies will comply with the provisions of Section 313 regardless of the SIC code that applies to their facilities.
Lists of Chemicals(Section 301-304 and 311-313)
The EPA's guide provides a useful description of the four groups of chemicals subject to reporting under the Emergency Planning and Community Right-to-Know Act:- Extremely Hazardous Substances : This list currently contains more than 300 chemicals. Because of their extremely toxic properties, these chemicals were chosen to provide an initial focus for chemical emergency planning. If these chemicals are released in certain amounts, they may be of immediate concern to the community. Releases must be reported immediately.
- Hazardous Substances: These are hazardous substances listed under previous Superfund hazardous waste cleanup regulations (Section 103(a) of the Comprehensive Environmental Resource and Conservation Liability Act -- Superfund). The current list contains about 720 substances. Releases of these chemicals above certain amounts must be reported immediately because they may represent an immediate hazard to the community.
- Hazardous Chemicals: These chemicals are not on a list at all, but are defined by Occupational Safety and Health AdministrationOccupational Safety and Health AdministrationThe United States Occupational Safety and Health Administration is an agency of the United States Department of Labor. It was created by Congress of the United States under the Occupational Safety and Health Act, signed by President Richard M. Nixon, on December 29, 1970...
regulations as chemicals which represent a physical or health hazard. Under this definition many thousands of chemicals can be subject to reporting requirements if a facility manufactures, processes, or stores them in certain amounts. Inventories of these chemicals and material safety data sheets for each of them must be submitted if they are present in the facility in certain amounts. - Toxic Chemicals: There are now more than 320 chemicals or chemical categories on this list, which were selected by Congress primarily because of their chronic or long-term toxicity. Estimates of releases of these chemicals into all media -- air, land, and water -- must be reported annually and entered into a national database.
External links
- Emergency Planning and Community Right-to-Know Act from Cornell LII
- Tier II Online Chemical Inventory Reporting
- Chemical Release / Spill Reporting Online
- CAMEO: Computer-aided Management of Emergency OperationsComputer-Aided Management of Emergency OperationsCAMEO is a system of software applications used widely to plan for and respond to chemical emergencies. It is one of the tools developed by EPA’s Office of Emergency Management and the National Oceanic and Atmospheric Administration Office of Response and Restoration , to assist front-line...
- Youtube Video: Emergency Planning Community Right to Know This video shows how and where the information can be found, which companies must report their chemical use information, and what their method of disposal is.
- Emergency Planning and Community Right-to-Know Act (EPCRA) Requirements From U.S. Environmental Protection Agency
- Emergency Planning and Community Right-to-Know Act Overview From U.S. Environmental Protection Agency
- In-depth pollution report for your county, covering air, water, chemicals, and more