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Compliance and Technical Assistance Program

CTAP > Featured Topics > February 2009: Emergency Planning and Community Right-to-Know Act (EPCRA) 2008 EPCRA Amendments February 2009: Emergency Planning and Community Right-to-Know Act (EPCRA) 2008 EPCRA Amendments

What is EPCRA?

The EPCRA regulation, also known as SARA Title III, is designed to help local communities protect public health, safety, and the environment from chemical hazards through emergency planning and "Community Right-to-Know" (CRTK) reporting on hazardous and toxic chemicals.

Who Must Comply with EPCRA?

  • EPCRA Sections 301-303
    • Any facility that produces, uses, or stores any of the 356 extremely hazardous substances (EHSs) in quantities above the threshold planning quantity (TPQ). To find out whether you have chemicals and quantities on site that meet the criteria, call the EPCRA hotline at (800) 535-0202 or see U.S. EPA List of Lists [PDF]. Examples of extremely hazardous substances include chlorine, ammonia and nitric acid.
    • If your facility handles either hazardous chemicals or extremely hazardous substances in greater than threshold quantities, you must notify your state emergency response commission (SERC) and local emergency planning committee (LEPC) within 60 days after you first receive a shipment or produce the substance on site and cooperate with the LEPC in emergency plan preparation. Find your LEPC.
  • EPCRA Section 304 and CERCLA Section 103
    • Any facility that has a release into the environment of an EPCRA extremely hazardous substance or CERCLA hazardous substance that is equal to or exceeds the reportable quantity (RQ), must immediately notify the LEPC and SERC. The RQs for extremely hazardous substances are listed in 40 C.F.R. Part 355, Appendix A. The RQs for hazardous substances are listed in 40 C.F.R. 302.4. A written follow-up notice must be submitted to the LEPC and SERC as soon as practicable after the release.
  • EPCRA Sections 311 and 312
    • Any facility required under OSHA's Hazard Communication Standard to maintain material safety data sheets (MSDSs) for hazardous chemicals stored or used at the facility and any facility storing or using extremely hazardous substances at or above the threshold planning quantities (TPQs) are required to report under the section. The TPQ for extremely hazardous substances is 1 to 500 pounds, depending on the substance. The TPQ for all other hazardous chemicals being stored is 10,000 pounds.
    • If your facility meets these requirements you must submit Form 312: Emergency and Hazardous Chemical Inventory (available on the IDEM Forms page) to the SERC, LEPC and local fire department by March 1 each year. (See SARA Title Reporting III below)
  • EPCRA Section 313
    • Covered facilities (see Part 372.22) using hazardous chemicals and extremely hazardous substances above threshold quantities are required to submit a reporting form (Form R or Form A) describing toxic chemical releases and certain other waste management activities. Facilities in Indiana can also take advantage of electronic submissions using CDX. TRI reports are due annually, by July 1, to U.S. EPA and IDEM.

2008 EPRCA Amendments

Several changes were made to the EPCRA regulation (40 CFR Parts 355 and 370) including, Emergency Planning (Section 302), Emergency Release Notification (Section 304) and Hazardous Chemical Reporting (Sections 311 and 312). The change that will most affect Indiana facilities is the format in which the state collects information. Beginning January 2009, all EPCRA section 302, 311 and 312 reporting will be done electronically. The new reporting requirements and benefits are stated in SARA Title Reporting III - Emergency Planning and Community Right-to-Know Act (EPCRA) Sections 302, 304, 311 & 312 [PDF]. More information on reporting requirements is available on IDEM’s CRTK Reporting Web site.

For More Information

If you have questions regarding EPCRA regulations or amendments and would like to speak with a CTAP staff member please contact (800) 988-7901 or, via email, ctap at idem.in.gov. To obtain more details on the EPCRA regulation and amendments and other state and local information the following websites can be useful: