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EPCRA Overview
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EPCRA Overview
EPCRA was passed 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 disaster in Bhopal, India, in which more than 2,000 people suffered death or serious injury from the accidental release of methyl isocyanate. To reduce the likelihood of such a disaster in the United States, Congress imposed requirements on both states and regulated facilities.
EPCRA establishes requirements for Federal, State and local governments, Indian Tribes, and industry regarding 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.
EPCRA has four major provisions:
- Emergency planning (Section 301-303)
- Emergency release notification (Section304)
- Hazardous chemical storage reporting requirements (Sections 311-312), and
- Toxic chemical release inventory (Section 313).
Regulations implementing EPCRA are codified in CFR.
For more Overview information, see Chemicals in your Community (pdf/940 KB) or the Hotline Training
Emergency Planning (EPCRA Sections 301-303, 40 CFR Part 355)
The emergency planning section of the law is designed to help communities prepare for and respond to emergencies involving hazardous substances. Every community in the United States must be part of a comprehensive plan.
- What are the SERCs and LEPCs?
The Governor of each state has designated a State Emergency Response Commission (SERC). Each SERC is responsible for implementing EPCRA provisions within their state.
The SERCs in turn have designated about 3,500 local emergency planning districts and appointed an Local Emergency Planning Committees (LEPC) for each district. The SERC supervises and coordinates the activities of the LEPC, establishes procedures for receiving and processing public requests for information collected under EPCRA, and reviews local emergency response plans.
The LEPC membership must include, at a minimum, local officials including police, fire, civil defense, public health, transportation, and environmental professionals, as well as representatives of facilities subject to the emergency planning requirements, community groups, and the media. The LEPCs must develop an emergency response plan, review it at least annually, and provide information about chemicals in the community to citizens.
To find your LEPC (click here)
To find your SERC (click here)
- What are the required elements of a community emergency response plan?
- Identify facilities and transportation routes of extremely hazardous substances;
- Describe emergency response procedures, on and off site;
- Designate a community coordinator and facility coordinator(s) to implement the plan;
- Outline emergency notification procedures;
- Describe how to determine the probable affected area and population by releases;
- Describe local emergency equipment and facilities and the persons responsible for them;
- Outline evacuation plans;
- Provide a training program for emergency responders (including schedules); and,
- Provide methods and schedules for exercising emergency response plans.
- What do facilities need to report?
Any facility that has any of the listed chemicals at or above its threshold planing quantity must notify the SERC and LEPC within 60 days after they first receive a shipment or produce the substance on site. The facility also must notify the LEPC of a facility representative who will participate in the emergency planning process. Upon request from the LEPC, the facility shall promptly provide information to the LEPC necessary for developing and implementing the emergency plan.
Emergency Release Notification (ECPRA Section 304, 40 CFR 355)
Facilities must provide an emergency notification and a written follow-up notice to the LEPCs and the SERCs (for any area likely to be affected by the release) if there is a release into the environment of a hazardous substance that is equal to or exceeds the minimum reportable quantity set in the regulations.
There are two types of chemicals that require reporting under this section:
1) Extremely Hazardous Substances (EHSs); and
2) Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) hazardous substances.
Both the EHSs and the CERCLA hazardous substances are found in the Title III Consolidated List of Lists - October 2001 Version (pdf/805 KB)
This document is also available in Excel or a searchable database that offers the user several search options.
Initial notification can be made by telephone, radio, or in person. In addition, CERCLA spills must also be reported to the National Response Center at (800) 424-8802. Emergency notification requirements involving transportation incidents can be met by dialing 911, or in the absence of a 911 emergency number, calling the local operator.
- What must be included in the emergency notification?
- The chemical name;
- An indication of whether the substance is extremely hazardous;
- An estimate of the quantity released into the environment;
- The time and duration of the release;
- Whether the release occurred into air, water, and/or land;
- Any known or anticipated acute or chronic health risks associated with the emergency, and where necessary advice regarding medical attention for exposed individuals;
- Proper precautions, such as evacuation or sheltering inplace; and,
- Name and telephone number of contact person.
- What is the Written Follow-up Notice?
A written follow-up notice must be submitted to the SERC and LEPC as soon as practicable after the release. The follow-up notice must update information included in the initial notice and provide information on actual response actions taken and advice regarding medical attention necessary for citizens exposed.
Hazardous Chemical Storage Reporting Requirements (EPCRA Section 311/312, 40 CFR Part 370)
- What are the Material Safety Data Sheet (EPCRA Section 311) submission requirements?
Under Occupational Safety and Health Administration (OSHA) regulations, employers must maintain a material safety data sheet (MSDS) for any hazardous chemicals stored or used in the work place. Approximately 500,000 products have MSDSs.
These are available in OSHA's hazard communication standard. 
Section 311 requires facilities that have MSDSs for chemicals held above certain quantities to submit either copies of their MSDSs or a list of MSDS chemicals SERC, LEPC, and local fire department.
- What are the Emergency and Hazardous Chemical Inventory (EPCRA Section 312) reporting requirements?
Facilities that need to report under EPCRA section 311 must also submit an annual inventory report for the same chemicals. This inventory report (Tier II) must be submitted the the SERC, LEPC and local fire department by March 1 of each year.
Toxic Chemical Release Inventory
Certain facilities are required to complete a Toxic Chemical Release Inventory Form annually for specified chemicals.
Fact Sheets
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