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  • EPCRA implementation on Tribal Lands

    In 1986, Congress passed the Emergency Planning and Community Right-to-Know Act (EPCRA), also known as Title III of the Superfund Amendments and Reauthorization Act (SARA), to help local communities, including Indian reservations, protect public health and the environment from chemical hazards by informing citizens about the chemicals present in their…

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  • Federal Facilities Complying with EPCRA 302, 304, 311, 312

    Executive Order 13693 was the most recent, and current order that required federal facilities to comply with all aspects of the Emergency Planning and Community Right-to-Know Act. On May 17, 2018, the President issued E.O. 13834 , “Executive Order Regarding Efficient Federal Operations”, which, in part, revoked E.O. 13693. Are…

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  • Does an LEPC have to consist of one individual representative from each organization?

    A Local Emergency Planning Committee (LEPC) must be representative of different groups and organizations, as described in Section 301(c). It states that, at a minimum, an LEPC must include "...representatives from each of the following groups or organizations: elected State and local officials; law enforcement; civil defense; firefighting; first aid…

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  • Liability of individuals as members of SERCs and LEPCs

    Can individuals, as members of a state emergency response commission or a local emergency planning committee, be sued and/or be held liable for their commission's or committee's failure to fulfill its EPCRA requirements? Under Section 326, an individual may assert a federal cause of action against a state emergency response…

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  • How did EPA determine TPQs for EHSs?

    How did EPA determine threshold planning quantities for extremely hazardous substances? The Agency assigned chemicals to threshold planning quantity (TPQ) categories based on an index that accounts for the toxicity and the potential of each chemical, in an accidental release, to become airborne. This approach does not give a measure…

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  • Differences between the risk management program and EPCRA

    How do the Clean Air Act (CAA) risk management program requirements differ from the hazardous chemical reporting requirements under the Emergency Planning and Community Right-to-Know Act (EPCRA)? The hazardous chemical reporting requirements under EPCRA sections 311 and 312 ( 40 CFR Part 370 ) are separate and distinct from those…

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  • Is it required that the principal recipient conduct a competitive RFP process upon award of the GLRI grant?

    Establishing the Project RFA is a key element of the GLEJGP. All subawards to Project Subrecipients must be awarded using a fair and transparent process evaluating the following: An evaluation of any possible Project Subrecipient's entity’s abilities to carry-out the project and sustain expected outcomes after the initial project period…

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  • If a state does not have any federal or state recognized tribal lands, can PR applicants include outreach projects in similar communities that are not formally recognized? Does the screening need to rely on tools of economic factors?

    Applicants do not need to rely solely on EJ Screen or the Climate and Economic Justice Screening Tool to justify inclusion of communities that may not be formal recognized. If applicants can make the case for why these communities are underserved and have needs that could be met through this…

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