Emergency Planning and Community Right-to-Know Act contains four major provisions:
Emergency Planning (Sections 301-303):
Governors appoint state emergency response commissions (SERCs).
SERCs establish emergency planning districts and appoint, supervise, and coordinate local emergency planning committees (LEPCs).
LEPCs develop local emergency response plans and review them at least annually.
Facilities (businesses, manufacturers, etc.) notify SERCs and LEPCs if they have extremely hazardous substances present in excess of "reportable quantities" and participate in emergency planning.
Emergency Release Notification (Section 304):
Facilities notify SERCs and LEPCs immediately of accidental releases of hazardous substances in excess of "reportable quantities" and provide written reports on actions taken and on medical effects.
Hazardous Chemical Reporting (Sections 311 - 312):
Facilities submit material safety data sheets (MSDSs) or list of hazardous chemicals on-site (above "threshold quantities") to SERCs, LEPCs, and local fire departments.
SERCs and LEPCs make hazardous chemical information available to the public.
Toxic Chemical Release Reporting (Section 313):
Covered facilities submit annual reports on yearly toxic chemical release to states and EPA.
EPA establishes a national toxic chemical release inventory based on facility reports.
State and EPA make release information available to the public and communities. EPA makes the information accessible on a national computerized database and by other means.
Trade Secrets (Section 322):
Facilities may claim chemical identity information trade secret, but must substantiate the claim.
Trade secret information may be disclosed to health professional for diagnostic, treatment, and prevention purposes.
Citizens may challenge trade secret claims by petitioning EPA.
Penalties and Citizen Suits (Sections 325 - 326):
The government may assess civil and administrative penalties of $ 10,000 to $ 75,000 per day against facilities that fail to comply with the above provisions.
Anyone who knowingly and willfully fails to provide emergency release notification is subject to $ 50,000 in fines or five years in prison.
The SERC, LEPC, or the state or local government may initiate actions against facility owners or operators for failure to comply with Title III requirements.
Citizens may initiate civil actions against EPA, SERCs, and facility owners and operators for failure to comply with the law.
Anyone who knowingly and willfully discloses trade secret information may face penalties up to $ 20,000 and/or one year in prison.
State may sue EPA for failure to provide trade secret information.