Emergency Planning and Community Right-to-Know
Enforcement
Who must comply with EPCRA?
Please note that throughout this guidance, "you" refer to the owner or operator of a facility or business.
EPCRA Sections 301-303
Any facility or business that produces, uses, or stores any of 356 extremely hazardous substances (EHS) in quantities above the threshold planning quantity (TPQ). For specific answers to find out whether the chemical(s) and quantities you have on site meet the criteria’s, go to the SERC facilities guidance sheets or call EPCRA hotline at 1-800-535-0202. Important note: Even though you may not be subject to sections 301-303, you may very well meet the criteria for EPCRA sections 304, 311, 312 and 313.
EPCRA Sections 304 and CERCLA Section 103
Facilities or businesses required to notify are those at which a hazardous chemical is produced, used, or stored and at which there is a release of a Reportable Quantity (RQ) of any EPCRA extremely hazardous substance or CERCLA hazardous substance. The RQs for extremely hazardous substances are listed in the Final Rule, Appendix A and B. The RQs for hazardous substances are listed in 40 CFR 302.4. The required notification is to be made to the LEPC, the SERC through the State Spill Reporting 24 hour telephone number and the U.S. Coast Guard's National Response Center (NRC).
EPCRA Section 311
A facility owner or operator must comply with the reporting requirements of 40 CFR part 370 if the Occupational Safety and Health Administration's (OSHA), Hazard Communication Standard requires your facility to prepare or have available a Material Safety Data Sheet (MSDS) for a hazardous chemical and if either of the following conditions exist: A hazardous chemical that is an Extremely Hazardous Substance (EHS) is present at your facility at any one time in an amount equal to or greater than 500 pounds (227 kg - approximately 55 gallons) or the Threshold Planning Quantity (TPQ), whichever is lower. EHS and their TPQs are listed in the Final Rule, Appendices A and B of 40 CFR section 355 or a hazardous chemical that is not an EHS is present at your facility at any one time in an amount equal to or greater than the threshold level of that hazardous chemical.
EPCRA Section 312
Facilities required to report are those required to prepare or have available material safety data sheets or MSDS under Occupational Safety and Health Administration (OSHA) requirements and which had TPQs of hazardous chemicals present during the previous calendar year. The TPQ for EHSs is the low of 500 pounds or the TPQ as listed under Final Rule, Appendix A and B. For all other hazardous chemicals being stored, the threshold level is 10,000 pounds. The report required under this section is an annual report. The information must be sent to the SERC and the LEPC and the fire department who has jurisdiction over the facility.
EPCRA Section 313
Covered facilities must submit a report form describing toxic chemical releases and certain other waste management activities. Covered facilities are those that
- have 10 or more employees
- are classified in a covered NAICS
- either manufacture, process or otherwise use a listed toxic chemical above applicable threshold amounts.
What are the penalties for noncompliance?
Penalties for violations of EPCRA and CERCLA Section 103 may be up to $27,500 per violation per day. EPA often provides additional information to help the regulated community better understand the regulations and to prevent, prepare for and response to environmental emergencies.
Content Last Updated April 2020