Emergency Planning and Community Right-to-Know Act
42 USC 11001 et seq.; P.L. 99-499; 100 Stat. 1613; October 17, 1986
Note: The Emergency Planning and Community Right-to-Know Act (EPCRA), authorized by Title III of the Superfund Amendments and Reauthorization Act (SARA Title III) is actually an amendment to CERCLA.
Historical Context:
EPCRA was enacted in response to the 1984 Bhopal gas disaster in India, which resulted in the deaths of thousands of people and injuries to hundreds of thousands more. This incident raised public awareness about the potential risks associated with the handling and storage of hazardous chemicals.
In the United States, several incidents involving hazardous materials, such as the 1978 Love Canal disaster in New York and the 1984 release of methyl isocyanate in Bhopal, India, prompted the federal government to act to protect communities and the environment from chemical hazards.
Regulatory Structure:
EPCRA is administered by the Environmental Protection Agency (EPA) and implemented through state and local emergency planning committees. Under EPCRA, facilities that manufacture, process, or use hazardous chemicals must report annual toxic releases and waste management activities to the EPA and their local emergency planning committee. Facilities must also develop and implement an emergency response plan and notify the public of any chemical releases that may pose a risk to human health or the environment.
The EPA is responsible for maintaining a public database of toxic chemical releases and waste management activities reported by facilities under EPCRA. The database, known as the Toxic Release Inventory (TRI), allows the public to access information about the types and quantities of chemicals released into the environment by facilities in their communities.
State and local emergency planning committees are responsible for developing and implementing emergency response plans and conducting outreach to the public about chemical hazards in their communities. These committees are composed of representatives from local government, industry, and the public.
Major Amendments to the Emergency Planning and Community Right-to-Know Act:
The Emergency Planning and Community Right-to-Know Act (EPCRA) has been amended several times since its enactment in 1986. Some of the significant amendments to the Act include:
The Pollution Prevention Act (PPA) (October 23, 1990, P.L. 101-508): amended EPCRA by adding Title III, which required facilities to report toxic chemical releases and waste management activities to their local communities and the Environmental Protection Agency (EPA). The PPA also established the Pollution Prevention Program, which aimed to reduce or eliminate the use and release of toxic chemicals.
The Chemical Safety Information, Site Security, and Fuels Regulatory Relief Act of 1999 (CSISSFRRA) (July 22, 1999, P.L. 106-40) amended EPCRA by requiring facilities to develop risk management plans (RMPs) to prevent and respond to accidental chemical releases. The CSISSFRRA also provided regulatory relief to small businesses and farms by reducing reporting requirements for certain chemicals.
The Community Right-to-Know Improvement Act of 1994 (CRTKIA) (April 30, 1994, P.L. 103-238) amended EPCRA by requiring facilities to report annual toxic chemical releases and waste management activities electronically to the EPA. The CRTKIA also expanded the public's access to this information by requiring facilities to make the information available on the Internet.