Understanding EPCRA

A partnership of Community, Government, Business & Industry to make our environment chemically safe.

PLEPC Information
Information Resources
Links to Localities Participating in the PLEPC
Material Safety Data Sheet Information
PLEPC Meeting Information
Roles and Responsiblities
CAA 112(r) / Risk Management Plan Information
Main PLEPC Web Page
PAGE INDEX

Background
EPCRA and the Pollution Prevention Act
Roles and Responsibilities
Section 302 - Emergency Planning
Section 304 - Emergency Notification
Section 311 - Community "Right-to-Know" Reporting / Material Safety Data Sheets
Section 312 - Community "Right-to-Know" Reporting / Emergency and Hazardous Chemical Inventory Forms
Section 313 - Toxic Chemical Release Reporting
Section 322 - Trade Secrets
Section 325 - Enforcement

BACKGROUND

On October 17, 1986, the Superfund Amendments and Reauthorization Act of 1986 (SARA) was signed into law. Title III of these new SARA provisions also is known as the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA). EPCRA requires states to:

  1. Promote outreach for developing local emergency preparedness programs to respond to chemical releases;
  2. Receive mandated reports by the regulated community;
  3. Organize, analyze, and disseminate the resulting information on hazardous chemicals to local governments and to the public.

This required the establishment of State Emergency Response Commissions (SERCs) and Local Emergency Planning Committees (LEPCs). Moreover, the nation-wide regulated community of manufacturers and non-manufacturers of hazardous chemicals must submit reports concerning their emergency chemical releases, Materials Safety Data Sheets (MSDSs), facility hazardous chemical inventories (Tier I and Tier II Reports), and their toxic chemical releases to the air, land or water (Toxics Release Inventory/TRI).

The purpose behind EPCRA has been to create a cooperative relationship among government, business and the public involving all of them in the effort to prevent, to plan and prepare for, and to manage chemical emergencies. Moreover, all three need to understand their important, unique and interdependent responsibilities for making EPCRA work.

EPCRA provides extremely useful information to government, to business and to the public. This information, which is intended to be easily accessible, already has proven to be invaluable. Not only has EPCRA been helpful to government planners, regulators, and emergency responders, but the reporting requirements have been helpful to businesses as well.

Because of this new regulatory activity, businesses have been forced to reassess not only their chemical inventories, but also their manufacturing processes. Because of this forward-thinking, regulatory activity, businesses that never before considered their chemical inventories as "hazardous" or "extremely hazardous," now are providing more safety training for their employees. Because of EPCRA, more businesses are working cooperatively with their local governments in order to plan for (and through planning to try to prevent) an accidental chemical release from adversely affecting their community. Because of this important regulatory activity, businesses are pursuing waste minimization and pollution prevention programs very aggressively, and realizing the benefits of federal, state and local environmental compliance, community support and confidence, and in many cases, actual dollar savings.

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Pollution Prevention Act of 1990

One of the most far-reaching federal legislative actions taken in the environmental area last year is the Pollution Prevention Act of 1990. This Act requires all facilities that must report under SARA Title II/EPCRA, Section 313 to provide information on pollution prevention and recycling activities with each Form R.

Of particular interest to citizens is the fact that the Act establishes pollution prevention as a national policy with these goals in this order:

  1. Pollution should be prevented or reduced at the source whenever feasible
  2. Wastes that are produced should be recycled in an environmentally-safe manner
  3. Wastes that cannot be reduced at the source, reused, or recycled should be treated in an environmentally-safe non-polluting way
  4. Disposal of wastes, or releases of chemicals to the air, land or water should be a last resort and conducted in an environmentally-safe way.

Thus, the Pollution Prevention Act of 1990, emphasizes the hierarchy of:

  1. Source reduction
  2. Reuse/recycling
  3. And only then disposal or release, but that in an environmentally-safe way.

The Environmental Defense Fund and other environmental and public interest groups placed additional pressure on the U.S. EPA to include the mandated Pollution Prevention Act information (concerning pollution prevention and recycling) on the Form R, not simply with the Form R so that this waste minimization/pollution prevention information will be easily accessible on the existing Section 313/TRI database.

Virginia Pollution Prevention Program

The Virginia Department of Environmental Quality has an established Pollution Prevention Program which provides technical assistance and outreach to businesses and industry throughout the Commonwealth. A quarterly newsletter, archive of hard copy and electronic database and bulletin boards, consulting engineers for environmental assessment opportunity, and many other resources are available from:

Virginia Pollution Prevention Program
c/o Virginia Department of Environmental Quality
629 E. Main Street, 5th Floor
Richmond, VA 23219
CONTACT: Sharon K. Baxter
(804) 762-4344

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