SARA Title III and EPCRA: Emergency Planning and Community Right-to-Know

Who it applies to

EPCRA applies to facilities that have certain chemicals above threshold quantities, in the case of emergency planning and inventory reporting, and to facilities in covered sectors that manufacture, process or otherwise use listed toxic chemicals above thresholds, in the case of the Toxics Release Inventory. It is administered by EPA, with state emergency response commissions (SERCs), local emergency planning committees (LEPCs) and local fire departments playing key roles. Federal agencies, states and tribes have their own implementation details. Threshold quantities depend on the chemical and the provision, so check EPA's lists.

The main parts

• Sections 301 to 303: emergency planning. Facilities with extremely hazardous substances (EHS) above threshold planning quantities must notify the state commission and cooperate with local emergency planning. LEPCs develop community emergency response plans.
• Section 304: release reporting. Facilities must give emergency notification of releases of EHS or CERCLA hazardous substances that equal or exceed reportable quantities.
• Section 311: SDS submission. Facilities required to maintain SDSs under OSHA HazCom must submit either the SDSs or a list of chemicals to the SERC, LEPC and local fire department, when threshold quantities are exceeded. This is why accurate sheets matter beyond the workplace. See chemical inventory management.
• Section 312: Tier I and Tier II inventory reports. Facilities report the types, amounts and locations of hazardous chemicals annually, usually through a state-specified Tier II form. The hazard categories used on Tier II mirror the GHS-based categories in HazCom.
• Section 313: Toxics Release Inventory (TRI). Covered facilities report annual releases and other waste management quantities of listed toxic chemicals to EPA; the data is published as a public database.

Dates, forms and thresholds are set in the regulations and by states; check with your state agency, since states may have additional requirements or fees.

How it connects to the SDS

OSHA's HazCom defines which chemicals need an SDS; EPCRA Section 311 and 312 build on that list. In practice your SDS library and inventory are the data source for Tier II. Section 15 of the SDS often says whether a component is an EHS (Section 302), whether it has a reportable quantity (Section 304 or CERCLA), and whether it is a Section 313 toxic chemical, sometimes with a CAS number and percentage by weight. See Section 15. Accidental release notifications also draw on Section 6.

Key differences versus OSHA HazCom

• Audience. HazCom informs workers; EPCRA informs emergency planners, responders and the public.
• Thresholds. HazCom applies to any workplace use of hazardous chemicals; EPCRA reporting applies above thresholds.
• Agency. OSHA versus EPA with state and local bodies.
• Output. HazCom outputs are labels and sheets; EPCRA outputs are plans, notifications and reports (Tier II, TRI) that become public information, with limited trade secret protection.

Practical points

1. Compare your inventory with the EHS list and quantities, and the Tier II thresholds.
2. Know your state's Tier II process and your LEPC contact.
3. Identify whether you are in a TRI-covered sector and whether you exceed any listed chemical thresholds.
4. Have a procedure for release notification, including the phone numbers of authorities.
5. Review annually. See also TSCA and Prop 65.

Frequently asked questions