Comparison of the Major EPCRA Reporting Requirements

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Comparison of the Major EPCRA Reporting Requirements

This cross-reference document offers a summary of the five major provisions of the Emergency Planning and Community Right-to-Know Act (EPCRA):

Sections 302-303 — Emergency planning notification and emergency response plans;
Sections 304 — Emergency release notifications;
Section 311 — Safety data sheet reporting;
Section 312 — Hazardous chemical inventory reporting (also known as Tier II reporting); and
Section 313 — Toxics release inventory reporting.

Check the comparison table below for assistance in determining if any of the listed EPCRA requirements may apply. The table is provided as a reference tool. It is not a definitive source of compliance information and is not intended to replace the CFRs. The comparison table is also not comprehensive. Other EPCRA-related reporting requirements, not listed in the table, may exist at the federal, state and/or local levels. Note that the EPCRA trade secret provisions are not summarized here.

Abbreviations used in the comparison table include:

CERCLA — Comprehensive Environmental Response, Compensation, and Liability Act
EHS — Extremely hazardous substance
LEPC — Local Emergency Planning Committtee
MSDS — OSHA material safety data sheet
NRC — National Response Center
OSHA — Occupational Safety and Health Administration
RQ — Reportable quantity
SDS — OSHA safety data sheet
SERC — State Emergency Response Commission
TEPC — Tribal Emergency Planning Committee
TERC — Tribal Emergency Response Commission
TPQ — Threshold planning quantity

Federal regulatory citations:

40 CFR 302 — Designation, reportable quantities, and notification

40 CFR 355 — Emergency planning and notificarion

40 CFR 370 — Hazardous chemical reporting: community right-to-know

40 CFR 372 — Toxic chemical release reporting: community right-to-know

EPCRA section	Related CFR	Reporting description	Summary	Chemicals covered	Thresholds	Reporting schedule	To whom to report
EPCRA 302-303	40 CFR 355	Emergency Planning Notification and Emergency Response Plan	These two EPCRA sections focus on emergency planning: --Section 302 requires notification when EHSs are present at facilities in quantities at or above the TPQ established in the regulations. --Section 303 requires LEPCs and TEPCs to develop initial emergency response plans and update them annually.	EHSs listed at 40 CFR 355 Appendix A and B	TPQ listed in 40 CFR 355 Appendix A and B. TPQ ranges from 1 to 10,000 pounds onsite at any one time, depending on the EHS.	A one-time notification. Thereafter, within 60 days of acquiring any new EHSs onsite that trigger reporting. If an LEPC or TEPC requests any information for developing or modifying local emergency plans, the owner or operator of the facility must promptly provide the information.	SERC (or TERC) and LEPC (or TEPC)
EPCRA 304	40 CFR 355	Emergency Release Notification	Section 304 requires notification of accidental chemical releases. It requires facilities to immediately report accidental releases of certain chemicals to state, tribal, and local authorities. Facilities must immediately report accidental releases of EHSs and “hazardous substances” defined under CERCLA. Any releases of these substances that meet or exceed their corresponding RQs must be reported to their SERC (or TERC) and LEPC (or TEPC). Facilities are also required to submit a written follow-up report of these releases to these officials.	The following substances: --EHSs listed at 40 CFR 355 Appendix A and B, and --CERCLA hazardous substances listed at 40 CFR 302.4.	The release of an RQ of an EHS or CERCLA hazardous substance within any 24-hour period triggers the emergency release notification requirements. EHS RQs are listed in 40 CFR 355, Appendix A and B. They range from 1 to 5,000 pounds, depending on the EHS. CERCLA hazardous substance RQs are listed in Table 302.4 of 40 CFR 302.4 in the column labeled “final RQ.	A notification is required each time there is a release of an EPCRA EHS or a CERCLA hazardous substance at or above its RQ.	SERC (or TERC) and LEPC (or TEPC) or any notification system established by the state or local agency. CERCLA also requires reporting to the NRC for these releases.
EPCRA 311	40 CFR 370	Safety Data Sheet Reporting	Sections 311 focuses on hazardous chemical storage reporting requirements. This EPCRA section requires facilities to submit an MSDS or SDS to the SERC (or TERC), LEPC (or TEPC), and local fire departments for each hazardous chemical (as defined by OSHA 29 CFR 1910.1200) that they handle or store.	Any hazardous chemical, product, or mixture that requires an MSDS or SDS under OSHA 29 CFR 1910.1200	The following thresholds: --500 pounds or TPQ, whichever is less for EHSs; and --10,000 pounds for all other hazardous chemicals, except: gasoline (75,000 gallons) and diesel (100,000 gallons) at retail gas stations that meet conditions at 40 CFR 370.10(a)(2).	One-time submission of MSDS (SDS) or list of hazardous chemicals. An update is required within three months for new chemicals or new information about chemicals already submitted.	SERC (or TERC), LEPC (or TEPC), and the fire department with jurisdiction over the facility
EPCRA 312	40 CFR 370	Hazardous chemical Inventory Reporting (also known as Tier II Reporting)	Sections 312 focuses on hazardous chemical storage reporting requirements. This EPCRA section requires covered facilities to submit a Tier I or Tier II hazardous chemical inventory form to the SERC (or TERC), LEPC (or TEPC) and local fire department. These forms identify the amount, location, and potential hazards of each chemical onsite at the facility at any point during the year.	Any hazardous chemical, product, or mixture that requires an MSDS or SDS under OSHA 29 CFR 1910.1200	The following thresholds: --500 pounds or TPQ, whichever is less for EHSs; and --10,000 pounds for all other hazardous chemicals, except: gasoline (75,000 gallons) and diesel (100,000 gallons) at retail gas stations that meet conditions at 40 CFR 370.10(a)(2).	Annually, by March 1 submit the Tier II form or state-equivalent inventory report	SERC (or TERC), LEPC (or TEPC), and the fire department with jurisdiction over the facility
EPCRA 313	40 CFR 372	Toxics Release Inventory (TRI) Reporting	Section 313 established the TRI, which is a publicly available database that contains information on the quantities of certain toxic chemicals released annually to air, water, and land, or otherwise managed as waste by industrial and federal facilities throughout the U.S. The information facilities submit is compiled in the TRI and made publicly available through online tools, written analyses, and interactive charts and maps. The information is always available and always free, and helps support informed decision-making by communities, government agencies, companies, and others.	Toxic chemicals and chemical categories listed at 40 CFR 372.65	The following thresholds: --25,000 pounds manufactured or processed in a year; --10,000 pounds otherwise used in a year; --Chemicals of concern have lower thresholds as listed in 40 CFR 372.28 and .29; and --Alternate thresholds are provided at 40 CFR 372.27 under certain conditions.	Annually, by July 1	EPA and state (or tribe)

cercla-sara-epcra

CERCLA, SARA, EPCRA

ENVIRONMENTAL EDGE
InstituteTier II Inventory ReportingToxic/Hazardous Substance ReleasesSuperfundCERCLA, SARA, EPCRA CERCLA, SARA, EPCRASARA ComplianceCommunity Right to KnowToxics Release Inventory ReportingEnvironmental EdgeSafety Data Sheet ReportingEnvironmentalChartsEnglishSARA ComplianceAnalysisFocus AreaUSA

        Comparison of the Major EPCRA Reporting Requirements
    InstituteTier II Inventory ReportingToxic/Hazardous Substance ReleasesSuperfundCERCLA, SARA, EPCRA CERCLA, SARA, EPCRASARA ComplianceCommunity Right to KnowToxics Release Inventory ReportingEnvironmental EdgeSafety Data Sheet ReportingEnvironmentalChartsEnglishSARA ComplianceAnalysisFocus AreaUSA
This cross-reference document offers a summary of the five major provisions of the Emergency Planning and Community Right-to-Know Act (EPCRA):
Sections 302-303 — Emergency planning notification and emergency response plans;
Sections 304 — Emergency release notifications;
Section 311 — Safety data sheet reporting; 
Section 312 — Hazardous chemical inventory reporting (also known as Tier II reporting); and
Section 313 — Toxics release inventory reporting.
Check the comparison table below for assistance in determining if any of the listed EPCRA requirements may apply. The table is provided as a reference tool. It is not a definitive source of compliance information and is not intended to replace the CFRs. The comparison table is also not comprehensive. Other EPCRA-related reporting requirements, not listed in the table, may exist at the federal, state and/or local levels. Note that the EPCRA trade secret provisions are not summarized here.
Abbreviations used in the comparison table include:
CERCLA — Comprehensive Environmental Response, Compensation, and Liability Act
EHS — Extremely hazardous substance
LEPC — Local Emergency Planning Committtee
MSDS — OSHA material safety data sheet
NRC — National Response Center
OSHA — Occupational Safety and Health Administration
RQ — Reportable quantity
SDS — OSHA safety data sheet
SERC — State Emergency Response Commission
TEPC — Tribal Emergency Planning Committee
TERC — Tribal Emergency Response Commission
TPQ — Threshold planning quantity
Federal regulatory citations:40 CFR 302 — Designation, reportable quantities, and notification
40 CFR 355 — Emergency planning and notificarion
40 CFR 370 — Hazardous chemical reporting: community right-to-know
40 CFR 372 — Toxic chemical release reporting: community right-to-know
EPCRA sectionRelated CFRReporting descriptionSummaryChemicals covered ThresholdsReporting scheduleTo whom to report
EPCRA 302-30340 CFR 355Emergency Planning Notification and Emergency Response PlanThese two EPCRA sections focus on emergency planning:  --Section 302 requires notification when EHSs are present at facilities in quantities at or above the TPQ established in the regulations.  --Section 303 requires LEPCs and TEPCs to develop initial emergency response plans and update them annually.EHSs listed at 40 CFR 355 Appendix A and BTPQ listed in 40 CFR 355 Appendix A and B.  TPQ ranges from 1 to 10,000 pounds onsite at any one time, depending on the EHS.A one-time notification. Thereafter, within 60 days of acquiring any new EHSs onsite that trigger reporting. If an LEPC or TEPC requests any information for developing or modifying local emergency plans, the owner or operator of the facility must promptly provide the information.SERC (or TERC) and LEPC (or TEPC)
EPCRA 30440 CFR 355Emergency Release NotificationSection 304 requires notification of accidental chemical releases. It requires facilities to immediately report accidental releases of certain chemicals to state, tribal, and local authorities. Facilities must immediately report accidental releases of EHSs and “hazardous substances” defined under CERCLA. Any releases of these substances that meet or exceed their corresponding RQs must be reported to their SERC (or TERC) and LEPC (or TEPC). Facilities are also required to submit a written follow-up report of these releases to these officials.The following substances: --EHSs listed at 40 CFR 355 Appendix A and B, and  --CERCLA hazardous substances listed at 40 CFR 302.4.The release of an RQ of an EHS or CERCLA hazardous substance within any 24-hour period triggers the emergency release notification requirements. EHS RQs are listed in 40 CFR 355, Appendix A and B.  They range from 1 to 5,000 pounds, depending on the EHS.
 CERCLA hazardous substance RQs are listed in Table 302.4 of 40 CFR 302.4 in the column labeled “final RQ.A notification is required each time there is a release of an EPCRA EHS or a CERCLA hazardous substance at or above its RQ.SERC (or TERC) and LEPC (or TEPC) or any notification system established by the state or local agency. CERCLA also requires reporting to the NRC for these releases.
EPCRA 31140 CFR 370Safety Data Sheet ReportingSections 311 focuses on hazardous chemical storage reporting requirements. This EPCRA section requires facilities to submit an MSDS or SDS to the SERC (or TERC), LEPC (or TEPC), and local fire departments for each hazardous chemical (as defined by OSHA 29 CFR 1910.1200) that they handle or store. Any hazardous chemical, product, or mixture that requires an MSDS or SDS under OSHA 29 CFR 1910.1200The following thresholds:   --500 pounds or TPQ, whichever is less for EHSs; and  --10,000 pounds for all other hazardous chemicals, except: gasoline (75,000 gallons) and diesel (100,000 gallons) at retail gas stations that meet conditions at 40 CFR 370.10(a)(2).One-time submission of MSDS (SDS) or list of hazardous chemicals. An update is required within three months for new chemicals or new information about chemicals already submitted.SERC (or TERC), LEPC (or TEPC), and the fire department with jurisdiction over the facility
EPCRA 31240 CFR 370Hazardous chemical Inventory Reporting (also known as Tier II Reporting)Sections 312 focuses on hazardous chemical storage reporting requirements. This EPCRA section requires covered facilities to submit a Tier I or Tier II hazardous chemical inventory form to the SERC (or TERC), LEPC (or TEPC) and local fire department. These forms identify the amount, location, and potential hazards of each chemical onsite at the facility at any point during the year.Any hazardous chemical, product, or mixture that requires an MSDS or SDS under OSHA 29 CFR 1910.1200The following thresholds:   --500 pounds or TPQ, whichever is less for EHSs; and  --10,000 pounds for all other hazardous chemicals, except: gasoline (75,000 gallons) and diesel (100,000 gallons) at retail gas stations that meet conditions at 40 CFR 370.10(a)(2).Annually, by March 1  submit the Tier II form or state-equivalent inventory reportSERC (or TERC), LEPC (or TEPC), and the fire department with jurisdiction over the facility
EPCRA 31340 CFR 372Toxics Release Inventory (TRI) ReportingSection 313 established the TRI, which is a publicly available database that contains information on the quantities of certain toxic chemicals released annually to air, water, and land, or otherwise managed as waste by industrial and federal facilities throughout the U.S. The information facilities submit is compiled in the TRI and made publicly available through online tools, written analyses, and interactive charts and maps. The information is always available and always free, and helps support informed decision-making by communities, government agencies, companies, and others.Toxic chemicals and chemical categories listed at 40 CFR 372.65The following thresholds:   --25,000 pounds manufactured or processed in a year;   --10,000 pounds otherwise used in a year;  --Chemicals of concern have lower thresholds as listed in 40 CFR 372.28 and .29; and  --Alternate thresholds are provided at 40 CFR 372.27 under certain conditions.Annually, by July 1EPA and state (or tribe)
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