EPA’s Role in Emergency Planning and Notification at Chemical Facilities

Summary

Chemicals and the facilities that manufacture, store, distribute, and use them are essential to the U.S. economy. However, incidents occasioned by natural disasters, unintentional events, or security threats show that the handling and storage of chemicals are not without risk. Federal agencies implement a number of programs to help prevent chemical facility accidents, reduce risks of terrorist attacks on chemical facilities, protect chemical facility workers, collect and share relevant information with the public and decisionmakers, and prepare communities and local, tribal, and state first-responders to respond to potential large-scale accidents.

This report reviews the U.S. Environmental Protection Agency’s (EPA’s) authorities regarding risk management, emergency planning, and release notification, among others, at chemical facilities. In doing so, it describes the statutory authorities—and makes note of some of the more prominent, subsequent regulations—as provided by the following:

Facility risk management planning requirements under Section 112(r)(7) of the Clean Air Act (CAA). EPA’s Risk Management Program (RMP) is aimed at reducing chemical risk at the local level. EPA regulations require owners and operators of a facility that manufactures, uses, stores, or otherwise handles certain listed flammable and toxic substances to develop a risk management program that includes hazard assessment (including an evaluation of worst-case and alternative accidental release scenarios), prevention mechanisms, and emergency response measures.

Emergency planning notification requirements under the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA). The requirements are designed to promote emergency planning and preparedness at the state, local, and tribal levels. EPCRA helps ensure local communities and first responders have needed information on potential chemical hazards within their communities in order to develop community emergency response plans.

Emergency release notification requirements under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). CERCLA obligates a facility to report certain releases of hazardous substances to the National Response Center to inform decisions about federal involvement in responding to the incident to coordinate with state and local officials. The requirements also establish liability for response costs and natural resource damages.

Duties of the Chemical Safety and Hazard Investigation Board, known as the Chemical Safety Board (CSB), under Section 112(r)(6) of the CAA. The purpose of the CSB is to investigate accidents to determine the conditions and circumstances that led up to the event and to identify the cause or causes so that similar events might be prevented.

Toxic release inventory reporting requirements. EPCRA authorizes EPA to establish and maintain a Toxic Release Inventory (TRI) of facilities that manufacture, import, process, or use certain types of toxic chemicals by providing public disclosure of the locations of such facilities.