Congress passed the federal Emergency Planning and Community Right-to-Know Act (EPCRA) in 1986 to ensure that citizens are made aware of the chemical hazards present in their communities and are prepared to deal with chemical emergencies. To achieve these goals, EPCRA, also referred to as Title III of the Superfund Amendments & Reauthorization Act (SARA), requires each governor to establish a State Emergency Response Commission (SERC). The SERC, in turn, must divide its state into local emergency planning districts and appoint a Local Emergency Planning Committee (LEPC) for each district. Each regulated facility in the district must report any hazardous chemicals present at its facility to the LEPC, and the LEPC must use this information to develop a local emergency response plan.

Do These Regulations Apply to Your Community?

Yes, EPCRA applies to all communities. Hazardous substances are not only found at large chemical plants; they are also routinely used in many smaller operations. Hazardous chemicals may not be of particular concern in normal practice, but may become a hazard if stored or used improperly, or if present during an emergency situation such as a fire. Examples of facilities that have such potentially hazardous chemicals and are therefore subject to EPCRA include dry cleaners, paint stores, gardening and supply stores, as well as your local government, if it stores hazardous chemicals for road work or other purposes.

Actions Your Community Should Be Taking

As a local official, you should find out who is on your LEPC. While your community may not have its own LEPC, it will certainly be part of one. The LEPC members must consist of representatives of all of the following groups: elected state and local officials, law enforcement, civil defense, fire fighting, first aid, health, media, community groups and industry. Because the LEPC represents the community, its members should be familiar with the factors that affect public safety, the environment, and the economy of its districts. Make sure your community's needs are represented by participating fully in your LEPC. For more information on participating on your LEPC, contact your SERC or the EPA EPCRA Hotline (see Additional Information section below).

The function of the LEPC is to develop an emergency response plan that lays out potential local hazards, response capabilities, and procedures to follow in an emergency. To assist the LEPC in preparing this plan, each facility in your community that has certain quantities of EPA listed chemicals on-site must report the presence of those chemicals, as well as information relating to their quantities and location, to the LEPC (as well as the SERC).

This requirement applies to all facilities, even ones owned or operated by a local government -- therefore, if you determine that one of your facilities is subject to the EPCRA reporting requirement, you must make this information available to your local LEPC. The LEPC will use these reports to create a local emergency response plan, which must be reviewed and updated annually, and to inform the public of local hazardous chemical activities.

If a chemical accident occurs at a facility that produces, uses, or stores any of the EPA listed chemicals, the facility must immediately notify the LEPC and the SERC. Because the fire department (which should be represented on the LEPC and should have received all chemical inventory information) is often the first to respond to a chemical emergency, it must be involved in every aspect of emergency planning and community right-to-know activities. Having access to this information will help the fire department know which chemicals to expect at a chemical emergency scene, as well as how much chemical is present and where it is located. It is important that you become familiar with EPCRA so that you will know how you can better assess and manage the risks present in your community. With a management plan m place, you will be in a much better position to deal with a chemical emergency, should one arise. Also, bear in mind that the law provides stiff penalties for facilities that do not comply, and it allows citizens to file lawsuits to force facilities to obey the law.

Additional Information

The EPCRA regulations are published in Title 40 of the Code of Federal Regulations, Parts 355, 370, and 372.

The EPCRA/SARA Title III Hotline provides regulatory, policy and technical assistance to federal agencies, state and local governments, the public and regulatory community in response to questions related to EPCRA.
Hours: 8:30 a.m. - 7:30 p.m. EST, Monday-Friday
Telephone: 800/535-0202
In Virginia call: 703/920-9877