Reporting Requirements
Emergency Planning and Community Right-to-Know
Comprehensive Environmental Response,
Compensation and Liability Act
The Emergency Planning and Community Right-to-Know Act (EPCRA), a federal law, 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. Also, note that EPA interpretation of certain provisions of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) apply to EPCRA. For example, the 24-hour time period under CERCLA or the reporting of a CERCLA hazardous waste.
EPCRA is intended to encourage State and local planning and preparedness for releases of Extremely Hazardous Substances (EHSs) and to provide the public, local governments, fire departments and other emergency officials with information concerning chemical releases and the potential chemical risks in their communities. The implementing regulations for emergency planning, emergency release notification and the chemicals subject to these regulations (EHSs) are codified in 40 CFR part 355. The implementing regulations for Community Right-to-Know reporting (or hazardous chemical reporting) are codified in 40 CFR part 370.
On December 3, 2008, EPA finalized several changes to the Emergency Planning, Emergency Release Notification (proposed on April 22, 1987) and Hazardous Chemical Reporting regulations that were proposed on June 8, 1998 (63 FR 31268). These changes are several including clarification on how to report hazardous chemicals in mixtures, and changes to Tier II forms. Note the term "CFR" means the Code of Federal Regulations.
There are five (5) separate EPCRA reporting requirements for subject facilities
Emergency Planning and Notification
Section 22a-607 of the CGS, EPCRA Sections 301, 302 and 303
Emergency Release Notification
(includes CERCLA hazardous substances)
Section 22a-608 of the CGS, EPCRA Section 304
Hazardous Chemical Reporting Requirement
(Submission of Material Safety Data Sheets)
Matrix - Do you need to Report?
Section 22a-609 of the CGS, EPCRA Section 311
Chemical Inventory Reporting Requirements - Due by March 1
(commonly referred to as Tier II)
Matrix - Do You need to Report?
Section 22a-610 of the CGS, EPCRA Section 312
Toxic Release Reporting Requirements - Due by July 1
(commonly referred to as TRI or Form R's/Form A's)
Section 22a-611 of the CGS, EPCRA Section 313
Additional Information
There are also additional reporting requirements that do not fall under EPCRA but are worth mentioning such as the
- State Spill/Release Reporting;
- Chemical Facility Anti-Terrorism Standards;
- Municipal Records Retention;
- Notice to the Local Fire Marshal; and
- The Annual Report of Carcinogenic Substances.
EPA publishes current penalty information for all regulations in the Civil Penalty Inflation Adjustment Rule. The most recent publication of the Civil Penalty Inflation Adjustment Rule was published in the
Federal Register on February 13, 2004 (69 FR 7126).
EPCRA is codified at Code of Federal Regulations, Title 40. For more information regarding the EPCRA laws, please contact:
- Superfund, TRI, EPCRA, RMP and Oil Information Center phone number is 800-424-9346 or 703-412-9810. The TDD is 800-553-7672 or 702-412-3323.
Content Last Updated July 22, 2009
