EMERGENCY PLANNING AND NOTIFICATION (EPCRA Section 302) Emergency Planning and Community Right-to-Know

This summary is to provide an introduction to EPCRA related responsibilities for Delaware businesses but does not attempt to fully explain all aspects of the applicable laws and regulations; the actual Federal and State regulations must be consulted for complete information. Compliance with this summary will not be a defense to a violation of the laws or regulations.

Which facilities are subject?

The U.S. EPA has prepared a list of over 360 Extremely Hazardous Substances (EHSs). Any facility having one or more of these substances in a specified minimum quantity, referred to as the Threshold Planning Quantity (TPQ), is subject to this requirement.

• List of Extremely Hazardous Substances and their Threshold Planning Quantities
  [Alphabetical Order] [CAS Number Order]

How should facilities report?

Facilities must report in writing by sending a letter to both their LEPC and the Delaware EPCRA Reporting Program.

What should facilities report?

The letter must state that an EHS(s) is present at the facility above the TPQ and that the facility is subject to the emergency planning requirements. The notice must also include the designation of a facility emergency coordinator.

What is a facility coordinator?

Each reporting facility must designate a facility representative who will participate in the local emergency planning process as a facility emergency response coordinator. This facility coordinator may be asked to provide information to a local emergency planning committee as they conduct hazards identification and risk analyses.

When should facilities report?

Original notifications were to be provided on or before May 17, 1987. Thereafter, if a substance on the list first becomes present at a facility above the TPQ, or if there is a revision to the list of substances and the facility has present a substance on the revised list in excess of the TPQ, the facility must submit notification within 60 days.

What other information may facilities be required to submit?

A facility covered under this requirement is responsible for informing the LEPC of any changes occurring at the facility which may be relevant to emergency planning. Upon request of the LEPC, facilities must also provide the committee any information necessary for development or implementation of the local emergency plan.

Why should facilities report?

These facilities are the primary focus of LEPCs as they prepare and update community plans for response to hazardous materials incidents. The information provided will help local planners and responders prepare to handle emergency situations at these facilities. A primary purpose of EPCRA is protection through preparedness, both for first response agencies and for the citizens in the community.

Last Updated: Wednesday July 23 2008