Emergency Planning

EPCRA Sections 301 to 303

Overview

Sections 301, 302, and 303 of the Emergency Planning and Community Right-to-Know Act (EPCRA) (40 Code of Federal Regulations (CFR) Part 355 Subpart B) are intended to help communities prepare for chemical emergencies. These provisions establish the implementing agencies, State and Tribal Emergency Response Commissions (SERCs and TERCs) and Local and Tribal Emergency Planning Committees (LEPCs and TEPCs). In addition, these provisions require facilities to report on the presence of Extremely Hazardous Substances and require Local and Tribal Emergency Planning Committees (LEPCs and TEPCs) to develop community emergency response plans and to share chemical information to citizens in the community. 

On this page:

• Section 301: State and Tribal Emergency Response Commissions (SERCS and TERCs) and Local and Tribal Emergency Planning Committees (LEPCs and TECs)
• Section 302: Regulated Substances and Facilities; Emergency Planning Notification
  • Regulated Substances and Facilities
  • Emergency Planning Notification - Facility Responsibilities
• Section 303: Comprehensive Emergency Response Plans
  • Local and Tribal Emergency Planning Committee (LEPC and TEPC) Responsibilities
  • Facility Responsibilities
  • State and Tribal Emergency Response Commission (SERC and TERC) Responsibilities

EPCRA Section 301: State and Tribal Emergency Response Commissions (SERCS and TERCs) and Local and Tribal Emergency Planning Committees (LEPCs and TECs) 

EPCRA is implemented at the state, tribal, and local levels. The Governor of each state has designated a State Emergency Response Commission (SERC) that is responsible for implementing the EPCRA provisions within its state. 

For facilities located in on tribal land, the chief executive officer of the tribe is responsible for appointment of a Tribal Emergency Response Commission (TERC). A Tribal Emergency Response Commission (TERC) has similar responsibilities as a State Emergency Response Commission (SERC). Tribes may enter into a cooperative agreements with other tribes, or with the state(s) within which its lands are located to achieve a workable EPCRA program. Tribes that have entered into cooperative agreements should submit a copy of the signed agreement to the EPA Regional office for their location. [55 Federal Register (FR) 30641; July 26, 1990] 

The State or Tribal Emergency Response Commission (SERC or TERC) duties include:

• Designating local emergency planning districts
• Appointing a Local or Tribal Emergency Planning Committees (LEPC or TEPC) for each district
• Reviewing local emergency response plans
• Supervising the activities of the Local or Tribal Emergency Planning Committees (LEPC or TEPC)
• Establishing procedures for receiving and processing public requests for information collected under EPCRA

Local or Tribal Emergency Planning Committees (LEPCs or TEPCs) must develop an emergency response plan, review the plan at least annually, and provide information about chemicals in the community to citizens. Plans are developed by Local or Tribal Emergency Planning Committees (LEPCs or TEPCs) with stakeholder participation. The Local or Tribal Emergency Planning Committee (LEPC or TEPC) membership must include (at a minimum):

• Elected state and local or tribal officials
• Police, fire, civil defense, and public health professionals
• Environment, transportation, and hospital officials
• Facility representatives
• Representatives from community groups and the media 

State Emergency Response Commission (SERC) Resources

Local Emergency Planning Committee (LEPC) Resources

Find your State Emergency Response Commission (SERC)

Please contact your State Emergency Response Commission (SERC) to find your Local or Tribal Emergency Planning Committee (LEPC or TEPC)

EPCRA Section 302: Regulated Substances and Facilities; Emergency Planning Notification

Regulated Substances and Facilities

You must comply with the EPCRA emergency planning requirements if any Extremely Hazardous Substance is present at your facility at any one time in an amount equal to or greater than its threshold planning quantity, or if your facility has been designated for emergency planning purposes by your State or Tribal Emergency Response Commission (SERC or TERC), Governor, or Tribal Chief Executive Officer. [40 CFR 355.10]

The emergency planning requirements apply to any Extremely Hazardous Substance listed in 40 CFR Part 355 Appendix A and Appendix B. States and Tribes may designate additional substances. Check with your state or tribe to determine your full list of regulated chemicals.  

To determine whether your facility has an amount of an Extremely Hazardous Substance which equals or exceeds the threshold planning quantity, the owner or operator must determine the total amount of each Extremely Hazardous Substance present at a facility at any one time, regardless of location, number of containers, or method of storage. This calculation must also consider the amount of each Extremely Hazardous Substance present in mixtures or solutions in excess of 1% and should include examination of such process components as reaction vessels, piping, etc., where formation of an Extremely Hazardous Substance as a byproduct may take place.

If the Extremely Hazardous Substance is a non-reactive solid in solution, first multiply the quantity of the solid on-site by 0.2 before comparing it to the lower threshold planning quantity listed for the Extremely Hazardous Substance solid. If the Extremely Hazardous Substance is a molten non-reactive solid, multiply the quantity of the molten solid on-site by 0.3 before comparing it to the lower threshold planning quantity listed for the Extremely Hazardous Substance solid. See the frequent question regarding what is meant by "molten" and "in solution" when describing extremely hazardous substances. 

For assistance: refer to the regulations, contact your State or Tribal Emergency Response Commission (SERC or TERC), or the EPCRA Call Center.

Emergency Planning Notification – Facility Responsibilities

Facilities that are determined to be regulated are subject to four types of emergency planning notifications [40 CFR 355.20]:

1. You must provide notice to your State or Tribal Emergency Response Commission (SERC or TERC) and Local or Tribal Emergency Planning Committee (LEPC or TEPC), that your facility is subject to the emergency planning requirements of this subpart, within 60 days after your facility first becomes subject to the requirements of this subpart. 
2. You must designate a facility representative who will participate in the local emergency planning process as a facility emergency response coordinator. You must provide notice of this facility representative to your Local or Tribal Emergency Planning Committee (LEPC or TEPC), within 60 days after your facility first becomes subject to the requirements of this subpart. 
3. You must provide notice of any changes occurring at your facility that may be relevant to emergency planning to the Local or Tribal Emergency Planning Committee (LEPC or TEPC), within 30 days after the changes have occurred.
4. You must provide any information necessary for developing or implementing the local emergency plan if the Local or Tribal Emergency Planning Committee (LEPC or TEPC) requests it, within the timeframe set by the Local or Tribal Emergency Planning Committee (LEPC or TEPC).

EPA does not require any specific format. EPA recommends that you submit the information described above in writing in order to ensure appropriate documentation. The State or Tribal Emergency Response Commission (SERC or TERC) or Local or Tribal Emergency Planning Committee (LEPC or TEPC) may request that this information be submitted in a specific format. Contact your State or Tribal Emergency Response Commission (SERC or TERC) for your specific reporting requirements.

Section 303: Comprehensive Emergency Response Plans

Local and Tribal Emergency Planning Committee (LEPC and TEPC) Responsibilities [42 U.S.C. 11003]

Local and Tribal Emergency Planning Committees (LEPCs and TEPCs) are responsible for developing and maintaining comprehensive emergency response plans and submitting these plans to the State or Tribal Emergency Response Commission (SERC or TERC). Local or Tribal Emergency Planning Committees (LEPCs or TEPCs) should review the plans annually, or more frequently as circumstances change within the community or at any facility. 

Each emergency plan shall include (but is not limited to) each of the following:

1. Identification of Section 302 regulated facilities, Extremely Hazardous Substance transportation routes, and additional facilities that add risk or have risk because they are located near high-risk facilities or transportation routes (e.g., natural gas facilities or hospitals)
2. Description of response procedures for facility owners and operators, local emergency personnel, and local medical personnel
3. Designation of a community emergency coordinator and facility emergency coordinators
4. Outline of release notification procedures
5. Description of methods for determining when releases have occurred and evaluating what the affected areas or populations are
6. Description of community and industry resources available for response
7. Outline of evacuation plans
8. Description of training program for emergency response and medical personnel 
9. Description of methods and schedules for exercising the emergency plan

Facility Responsibilities [40 CFR 355.20 (c) and (d); 42 U.S.C. 11003]

Facility responsibilities for Section 303 are included above in Section 302 Emergency Planning Notification.

State and Tribal Emergency Response Commission (SERC and TERC) Responsibilities [42 U.S.C 11003(e)]

State and Tribal Emergency Response Commissions (SERCs and TERCs) are required to review the emergency response plan submitted by the Local and Tribal Emergency Planning Committees (LEPCs and TEPCs) and recommend revisions to the plan that may be necessary to ensure coordination with emergency response plans of other emergency planning districts.