Emergency Planning and Community Right-to-Know Act (EPCRA)

EPCRA requires both industry and government entities to report the hazardous and toxic chemicals that they handle.  The law aims to make the public aware of chemicals located at facilities and the amounts of such chemicals released to the environment, the ultimate goal being to improve chemical safety and to protect public health and the environment, and to avoid a disaster such as occurred in Bhopal, India. 

To accomplish these goals, EPCRA’s requirements include:

  1. Response planning by local governments to prepare for chemical emergencies.
  2. Emergency Notification to state and local officials by facilities if they have an accidental release of EHS chemicals and "hazardous substances" in quantities greater than corresponding Reportable Quantities.
  3. Facilities to make Material Safety Data Sheets (MSDSs) available to state and local officials and local fire departments, and to report inventories of such chemicals annually to them, if they have designated hazardous chemicals on-site in amounts over certain thresholds.
  4. Facilities to submit a Toxic Chemical Release Inventory Form annually for Toxic Release Inventory (TRI) chemicals that are manufactured, processed or otherwise used in quantities above the applicable thresholds.

Stites & Harbison's attorneys have assisted their clients on all aspects of EPCRA requirements.  We have helped to calculate the pounds of chemicals manufactured, processed or otherwise used and explained the finer points of those threshold definitions (entailing consultation of voluminous EPA guidance).  We have prepared or reviewed dozens of reporting forms before filing.  We have negotiated with the EPA about alleged violations and helped to lobby EPA about some of its more burdensome interpretations.

Representative matters include:

  • As counsel for a metal fabrication trade association, assisted members with preparation of Form Rs and Tier I and II reports.
  • Advised industries regarding changing requirements, such as EPA's decision to include lead and sulfuric acid contained in fork lift batteries in reporting under Section 302, 311, and 312.
  • Prepared self-disclosure letters to notify EPA about reporting errors that have already occurred, in order to take advantage of EPA's Audit Policy and avoid substantial penalties.
  • Negotiated consent agreements with EPA to resolve violations of reporting requirements.
  • Assisted consultants in strategizing the best way to handle report preparation.