The Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986 is a US federal law concerned with emergency response preparedness. Its objective 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. The US Environmental Protection Agency (EPA) administers EPCRA which requires certain businesses to file notifications and reports on their activities involving various hazardous chemicals. Specific implementing requirements are found in Title 40 of the Code of Federal Regulations (CFR) Chapters 350 – 372.
Hazardous chemical reporting is specifically required under EPCRA sections 311-312 to report chemical hazard and inventory information on the hazardous chemicals present onsite at any one time. EPA defines “hazardous chemical” as a “chemical which is a physical or health hazard.”
The reporting thresholds for various categories of hazardous chemicals shown below:
- The reporting threshold for an Extremely Hazardous Substance (EHS) is 500 pounds (lbs) or the Threshold Planning Quantity (TPQ), whichever is less, stored onsite at any one time.
- The reporting thresholds for gasoline (all grades combined) and diesel in tank(s) entirely underground at retail gas stations that comply with applicable regulations are 75,000 gallons and 100,000 gallons, respectively, stored onsite at any one time.
- The reporting threshold for all other hazardous chemicals is 10,000 lbs stored on site at any one time.
Once a facility meets the reporting thresholds, the notification requirements under EPCRA Sections 311 and 312 are as follows:
- EPCRA Section 311 is a one-time notification and updates on the chemical hazard information on hazardous chemicals present on site in excess of specified threshold levels.
- EPCRA Section 312 is the Tier II Chemical Report which is an annual notification detailing site-specific data, including maximum and average daily amounts present, storage conditions, and locations of hazardous chemicals present on site in excess of specified threshold levels. Tier II Chemical Reports are due March 1.
Facilities must submit this information to their respective State Emergency Response Commissions (SERC), or Tribal Emergency Response Commission (TERC) and the Local Emergency Planning Committee (LEPC), and local fire department.
Please contact Emile Hanna if you have any questions or require assistance to complete the Tier II Chemical Reports for submittal by March 1, or with any of your environmental compliance needs.