What is EPCRA?

The Emergency Planning and Community Right-to-Know Act (EPCRA), authorized by Title III of the Superfund Amendments and Reauthorization Act (SARA Title III), was passed in 1986 in response to concerns regarding the environmental and safety hazards posed by the storage and handling of toxic chemicals. These concerns were triggered by the 1984 disaster in Bhopal, India, caused by an accidental release of methylisocyanate. The release killed or severely injured more than 2000 people.

To reduce the likelihood of such a disaster in the United States, Congress imposed requirements for federal, state, and local governments, tribes, and industry. These requirements covered emergency planning and "Community Right-to-Know" reporting on hazardous and toxic chemicals. The Community Right-to-Know provisions help increase the public's knowledge and access to information on chemicals at individual facilities, their uses, and releases into the environment. States and communities, working with facilities, can use the information to improve chemical safety and protect public health and the environment.

Section 2018 of the America’s Water Infrastructure Act (AWIA), enacted on October 23, 2018, amended the emergency release notification and the hazardous chemical inventory reporting requirements of EPCRA. This new legislation requires state and tribal emergency response commissions to notify the applicable State agency (i.e., the drinking water primacy agency) of any reportable releases and provide community water systems with hazardous chemical inventory data. These requirements went into effect immediately upon signing the law.

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Key Provisions of EPCRA

Sections 301 to 303. Emergency Planning (40 CFR 355 Subpart B) - Local and Tribal Emergency Planning Committees (LEPCs and TEPCs) are required to prepare chemical emergency response plans and to review plans at least annually. State and Tribal Emergency Response Commissions (SERCs and TERCs) are required to oversee and coordinate local planning efforts. Facilities that maintain EPCRA Extremely Hazardous Substances (EHS) on-site in quantities greater than corresponding threshold planning quantities (TPQs) must cooperate in emergency plan preparation. The list of EHSs and their TPQs are in 40 CFR 355 Appendices A & B.

Section 304. Emergency Notification (40 CFR 355 Subpart C) - Facilities must immediately report accidental releases of EPCRA EHSs and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) hazardous substances. Any releases of these substances in quantities greater than their corresponding Reportable Quantities (RQs) must be reported to state, tribal, and local officials. These facilities must also provide a detailed follow-up written report as soon as practicable after the release. SERCs, TERCs, LEPCs, and TEPCs are required to make these reports available to the public. See Emergency Release Notifications, Continuous Release Reporting, and America’s Water Infrastructure Act (AWIA).

Sections 311 and 312. Community Right-to-Know Requirements (40 CFR Part 370) - Facilities handling or storing any hazardous chemicals must submit Safety Data Sheets (SDS) [formerly known as Material Safety Data Sheets (MSDSs)] to their SERC or TERC, LEPC or TEPC, and local fire department. Hazardous chemicals are defined under the Occupational Safety and Health Act and its implementing regulations. SDSs describe the properties and health effects of these chemicals. Facilities must also submit an inventory form for these chemicals to the SERC or TERC, LEPC or TEPC, and local fire departments. See Hazardous Chemical Inventory Reporting Requirements.

Section 313. Toxics Release Inventory (TRI) (40 CFR Part 372) - Facilities must complete and submit a toxic chemical release inventory form (Form R) annually. Form R must be submitted for each of the over 600 TRI chemicals that are manufactured or otherwise used above the applicable threshold quantities. See Toxics Release Inventory (TRI) Program.

On October 23, 2018, America’s Water Infrastructure Act of 2018 (AWIA) was signed into law, amending EPCRA's emergency release notification and hazardous chemical inventory provisions. The revisions require that community water systems:

  1. receive prompt notification of any reportable release of an EPCRA extremely hazardous substance or a CERCLA hazardous substance that potentially affects their source water, and
  2. have access to Tier II information (i.e., hazardous chemical inventory data).

These requirements went into effect immediately upon signing the law. See EPCRA Regulations and Amendments.

Table of EPCRA sections, Regulation Citations, and Statute References

EPCRA Section Number Statutory Title of Section 40 CFR Citation USC Section Number
Subtitle A – Emergency Planning and Community Right-to-Know
Section 301 Establishment of State commissions, planning districts, and local committees. - § 11001
Section 302 Substances and facilities covered and notification. § 355.10 § 11002
Section 303 Comprehensive emergency response plans. - § 11003
Section 304 Emergency release notification. § 355.30 § 11004
Section 305 Emergency training and review of emergency systems. - § 11005
Subtitle B – Emergency Planning and Notification
Section 311 Material safety data sheets [Current name: Safety Data Sheets (SDSs)] Part 370 § 11021
Section 312 Emergency and hazardous chemical inventory forms. Part 370 § 11022
Section 313 Toxic chemical release forms. [Toxics Release Inventory (TRI)] Part 372 § 11023
Subtitle C – General Provisions
Section 321 Relationship to other laws. - § 11041
Section 322 Trade secrets. Part 350 § 11042
Section 323 Provision of information to health professionals, doctors, and nurses. Part 350 § 11043
Section 324 Public Availability of Plans, Data Sheets, Forms, and Follow-up Notices. - § 11044
Section 325 Enforcement. - § 11045
Section 326 Civil actions. - § 11046
Section 327 Exemption. - § 11047
Section 328 Regulations. - § 11048
Section 329 Definitions. - § 11049
- Authorization to appropriate - § 11050