What US Emergency Planning and Community Right-To-Know Act (EPCRA, 42 USC ch 116): Release Notification and Reporting requires
The Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA), codified at 42 U.S.C. Chapter 116 (sections 11001-11050), establishes requirements for emergency planning and for reporting on hazardous and toxic chemicals, administered by the US Environmental Protection Agency (EPA) together with State emergency response commissions and local emergency planning committees (LEPCs). Section 11001 provides for the establishment of State commissions, planning districts and local committees. Section 11002 identifies the extremely hazardous substances and the facilities covered, and requires facilities to notify the State commission. Section 11003 requires the preparation of comprehensive emergency response plans by the LEPCs, with facility cooperation. Section 11004 imposes the emergency release notification duty: the owner or operator of a facility shall immediately provide notice of a release of a reportable quantity of an extremely hazardous substance or CERCLA hazardous substance to the community emergency coordinator for the LEPCs and to the State emergency response commission of any State likely to be affected by the release, followed by a written follow-up notice. Sections 11021 and 11022 require submission of safety data sheets and emergency and hazardous chemical inventory forms (Tier II), and section 11023 requires covered facilities to file annual toxic chemical release forms (the Toxics Release Inventory, Form R). Section 11045 sets the penalties: for failure to provide emergency notification, administrative Class I penalties of up to $25,000 per violation and Class II penalties of up to $25,000 per day (up to $75,000 per day for second and subsequent violations), and judicial penalties of up to $25,000 per day (up to $75,000 per day for subsequent violations); and a person who knowingly and willfully fails to provide the required notice shall be fined not more than $25,000 or imprisoned not more than two years, or both (not more than $50,000 or five years for a subsequent conviction). Penalty figures are subject to inflation adjustment by regulation.
Pillar: Water & Environmental Resources · Authority: US Congress / US Environmental Protection Agency (EPA) · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/content/pkg/USCODE-2022-title42/html/USCODE-2022-title42-chap116.htm
SHA-256 integrity: 2951b6a2d70f5ec12d14dab8aa4c5f6e5604c475c4e029c0fa4d3b749f483c41
Primary Citations — 8 traced to source
- Emergency Planning and Community Right-To-Know Act, 42 U.S.C. 11001 - establishment of State emergency response commissions and local emergency planning committees.
- Emergency Planning and Community Right-To-Know Act, 42 U.S.C. 11002 - substances and facilities covered and notification.
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