Emergency Planning and Community Right-to-Know Act (Non-Section 313) Regulations and Amendments

Title III of the Superfund Amendments and Reauthorization Act (SARA Title III) was signed into law by Congress on October 17, 1986. SARA Title III is commonly known as the Emergency Planning and Community Right-To-Know Act (EPCRA). This Act revised and extended the authorities established under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), which is commonly known as “Superfund.” EPCRA established authorities for emergency planning and preparedness requirements and community right-to-know reporting. This page provides links to the current regulations and statutes, a table to help identify the regulation and United States Code (U.S.C.) section for each EPCRA section, and a chronological history of the EPCRA (non-section 313) regulations and amendments.

For information on EPCRA Section 313, see EPCRA Section 313, Toxics Release Inventory Laws and Regulatory Activities.

In addition, amendments to CERCLA Table 302.4 - List of Hazardous Substances and Reportable Quantities affects EPCRA section 304 emergency release reporting requirements. See Reportable Quantities Federal Register Notices. 

On this page:

EPCRA Regulations and Statute

Read the full text of EPCRA Regulations [40 Code of Federal Regulations (CFR) 350-372]

Read the full text of the EPCRA Statute [42 U.S.C. Chapter 116]

Table of EPCRA Sections, Regulatory Citations, and Statutory References

EPCRA Section Number Statutory Title 40 CFR Citation USC Section Number
Subtitle A – Emergency Planning and Community Right-to-Know
Section 301 Establishment of State commissions, planning districts, and local committees - § 11001
Section 302 Substances and facilities covered and notification § 355.10 § 11002
Section 303 Comprehensive emergency response plans - § 11003
Section 304 Emergency release notification § 355.30 § 11004
Section 305 Emergency training and review of emergency systems - § 11005
Subtitle B – Emergency Planning and Notification
Section 311 Material safety data sheets [Current name: Safety Data Sheets] Part 370 § 11021
Section 312 Emergency and hazardous chemical inventory forms Part 370 § 11022
Section 313 Toxic chemical release forms [Toxics Release Inventory] Part 372 § 11023
Subtitle C – General Provisions
Section 321 Relationship to other laws - § 11041
Section 322 Trade secrets Part 350 § 11042
Section 323 Provision of information to health professionals, doctors, and nurses Part 350 § 11043
Section 324 Public Availability of Plans, Data Sheets, Forms, and Follow-up Notices - § 11044
Section 325 Enforcement - § 11045
Section 326 Civil actions - § 11046
Section 327 Exemption - § 11047
Section 328 Regulations - § 11048
Section 329 Definitions - § 11049
- Authorization to appropriate - § 11050

Ongoing Rulemakings

Advance Notice of Proposed Rulemaking for Reporting Air Releases of Hazardous Substances from Animal Waste at Farms under EPCRA

On November 9, 2023, EPA Administrator Michael S. Regan signed an Advance Notice of Proposed Rulemaking to solicit comment and information on reinstating the reporting requirements for animal waste air emissions at farms under EPCRA. EPA is seeking information on how to promote compliance and accuracy in reporting, how to streamline reporting requirements, a potential small farm exemption, and user needs for a reporting instrument, including identifying when reporting would be required.

EPCRA Rulemakings (Non-Section 313 Focused)

Action Title Action Type EPCRA Section(s) 40 CFR Part(s) Date Topic(s) Citation and File Fact Sheets and Guidance (if applicable)
Change of Submissions for CERCLA Section 103 Continuous Release Reports to the appropriate EPA Headquarters Office Final rule 304 304 and 355 November 12, 2021 Modified the submission location of continuous release reports to be the EPA Headquarters office.  86 Federal Register (FR) 62736  
Emergency Planning and Community Right-to-Know Regulations: Trade Secrecy Claims and Emergency Planning Notification Final rule; technical amendment 322 350 and 355 July 24, 2020 Removed outdated substantiation form for trade secrecy claims. Provided clarification in 355.41 for the emergency release notification reporting. 85 FR 44770  
Amendment to Emergency Release Notification Regulations on Reporting Exemption for Air Emissions From Animal Waste at Farms; Emergency Planning and Community Right-to-Know Act Final Rule; * Remanded without vacatur by DC District Court February 14, 2022 302 and 304 355 June 13, 2019 Added a reporting exemption for air emissions from animal waste at farms. And added definitions of ‘‘animal waste’’ and ‘‘farm’’ to the EPCRA regulations to delineate the scope of this reporting exemption. 84 FR 27533 Website
Hazardous Chemical Reporting: Community Right-to-Know; Revisions to Hazard Categories and Minor Corrections; Correction Final rule; technical amendment, correction 311 and 312 370 July 21, 2016 Amended June 13, 2016; 81 FR 38104; that document inadvertently omitted the hazard ‘‘serious eye damage or eye irritation’’ in § 370.66 under the definition of ‘‘health hazard’’. This action corrected that definition. 81 FR 47311 Fact Sheet
Hazardous Chemical Reporting: Community Right-to-Know; Revisions to Hazard Categories and Minor Corrections Final rule; technical amendment 311 and 312 350 and 355 June 13, 2016 Hazard categories for reporting under EPCRA Sections 311 and 312 in response to the Occupational Health and Safety Administration (OSHA) Hazard Communication Standard adopting the United Nations Globally Harmonization System of Classification of Labeling Chemicals 81 FR 38104 Fact Sheet
Hazardous Chemical Reporting: Revisions to the Emergency and Hazardous Chemical Inventory Forms (Tier I and Tier II) Final rule 311 and 312 370 July 13, 2012 Revisions to EPCRA Tier I and II forms 77 FR 41300 Fact Sheet
Emergency Planning and Notification; Emergency Planning and List of Extremely Hazardous Substances and Threshold Planning Quantities Final rule 302 355 March 22, 2012 Revised the manner for applying threshold planning quantities for Extremely Hazardous Substances that are non-reactive solid chemicals in solution 77 FR 16679 Fact Sheet
Hazardous Chemical Reporting; Tier II
Inventory Information
 		 Final rule 312 370 March 26, 2009 Technical correction to 73 FR 65452, to the regulatory text in Hazardous Chemical Reporting, specifically in the Tier II inventory information section 74 FR 13124  
Emergency Planning and Community Right-to-Know Act; Amendments to Emergency Planning and Notification; Emergency Release Notification and Hazardous Chemical Reporting Final rule 302, 304, 311, and 312 355 and 370 November 3, 2008 Emergency Planning Notification, Emergency Release Notification and Hazardous Chemical Reporting regulations. Clarification on how to report hazardous chemicals in mixtures, and changes to Tier I and II forms.  73 FR 65452 Fact Sheet
Reportable Quantity Adjustment for Isophorone Diisocyanate Final rule 301, 302, and 303 3355 and 370 September 11, 2006 Adjusted the reportable quantity for Isophorone Diisocyanate to 500 pounds. 71 FR 53331  
Emergency Planning and Community Right-to-Know Act; Extremely Hazardous Substances List; Deletion of Phosmet Final rule 301, 302, and 303 355 November 26, 2004 Deletion of phosmet from the list of Extremely Hazardous Substances 69 FR 68809  
Emergency Planning and Community Right-to-Know Act; Extremely Hazardous Substances List; Modification of Threshold Planning Quantity for Isophorone Diisocyanate Final rule 301, 302, and 303 355 September 8, 2003 Amended the list of Extremely Hazardous Substances by changing the threshold planning quantity for isophorone diisocyanate (IPDI) from 100 pounds to 500 pounds 68 FR 52978  
Emergency Planning and Community Right-to-Know Programs; Amendments to Hazardous Chemical Reporting Thresholds for Gasoline and Diesel Fuel at Retail Gas Stations Final rule 9 and 370 311 and 312 February 11, 1999 Raised the thresholds for chemical inventory reporting for gasoline and diesel fuel stored entirely underground at retail gas stations that comply with requirements for underground storage tanks   64 FR 7032  
Extremely Hazardous Substances Final rule 301, 302, and 303 355 May 7, 1996 Raised the statutory Reportable Quantities for 202 Extremely Hazardous Substances and removes four chemicals (phosphorus pentoxide, diethylcarbamazine citrate, fenitrothion, and tellurium) from the Extremely Hazardous Substances list 61 FR 20473  
Community Right-to-Know Reporting Requirements Final rule 311 and 312 350, 355, 370, and 372 July 26, 1990 Reporting requirements 55 FR 30632  
Reporting Continuous Releases of Hazardous Substances Final rule 304 302 and 355 July 24, 1990 Designation, Reportable Quantities, and Notification 55 FR 30166  
Extremely Hazardous Substance List Final rule 311 and 312 355 February 15, 1990 Deletion of 6 substances from the Extremely Hazardous Substances list 55 FR 5544  
Extremely Hazardous Substances List Final rule 302 355 February 25, 1988 Deletion of 36 substances from the Extremely Hazardous Substances list   53 FR 5574  
Extremely Hazardous Substances List Final rule 302 355 December 17, 1987 Deletion of bacitracin and 3 substances from the Extremely Hazardous Substances list 52 FR 48072 and 52 FR 48073  
Emergency and Hazardous Chemical Inventory Forms and Community Right-to-Know Reporting Final rule 311 and 312 370 October 15, 1987 Revised Tier I and II forms and updated reporting requirements 52 FR 38344  
Extremely Hazardous Substances List and Threshold Planning Quantities; Emergency Planning and Release Notification Requirements Final rule 302 300 and 355 April 22, 1987 Extremely Hazardous Substances list of chemicals and threshold planning quantities; Emergency planning and release notification requirements 52 FR 13378  
Emergency Planning and Community Right to Know Programs Interim final rule 302 300 November 17, 1986 Extremely Hazardous Substances list of chemicals and threshold planning quantities; Emergency planning and release notification requirements 51 FR 41570  

Congressional Acts (EPCRA Non-Section 313)

Action Title Action Type EPCRA Section(s) 40 CFR Part(s) Date Topic(s) Citation and File Fact Sheets and Guidance
America’s Water Infrastructure Act (AWIA) Section 2018. Source Water Final Public Law 302, 304, 311, and 312 304 and 312 October 23, 2018 Emergency release notification and hazardous chemical inventory provisions Public Law (P.L.) 115-270

Fact Sheet

Frequent Questions
Superfund Amendments and Reauthorization Act of 1986   All       P.L. 99-499; October 17, 1986, 100 Stat. 1613 – 1782  

Presidential Executive Orders (EPCRA Non-Section 313)

Action Title Order Number and Date Notes
Revitalizing Our Nation’s Commitment to Environmental Justice for All E.O. 14096; April 21, 2023  
Efficient Federal Operations E.O. 13834; May 17, 2018 See also Frequent Question
Planning for Federal Sustainability in the Next Decade E.O. 13693; March 19, 2015 See also Frequent Question
Improving Chemical Facility Safety and Security Executive Order (E.O.) 13650; August 1, 2013 See also Executive Order on Improving Chemical Facility Safety and Security
Greening the Government Through Leadership in Environmental Management Executive Order (E.O.) 13148 §901; April 22, 2000  
Federal Compliance With Right-to-Know Laws and Pollution Prevention Requirements E.O. 12856; August 3, 1993 Revoked by 
E.O. 13148 §901; April 22, 2000

Emergency Planning and Community Right-to-Know Act (EPCRA)

Contact Us about the Emergency Planning and Community Right-to-Know Act (EPCRA)
Contact Us to ask a question, provide feedback, or report a problem.
Last updated on March 8, 2024