EPCRA reporting requirements: sections 302, 304, 311, 312 and 313
The Emergency Planning and Community Right-to-Know Act (EPCRA, 1986) puts five main reporting duties on facilities: emergency planning notification for Extremely Hazardous Substances (302), immediate notice of large releases (304), Safety Data Sheet reporting (311), the annual Tier II inventory by March 1 (312), and the annual Toxics Release Inventory by July 1 (313).
Need it done for you? We prepare Tier II reports for a fixed price, from $1,250 per facility. TRI Form R from $1,500.
Get a fixed quoteThe five duties at a glance
| Section | What | Trigger | When |
|---|---|---|---|
| 302 | Emergency planning notification; name a facility emergency coordinator | EHS on site at or above its TPQ | Within 60 days of first becoming subject |
| 304 | Release notification | Release of an EHS or CERCLA hazardous substance at or above its Reportable Quantity | Immediately, then a written follow-up |
| 311 | SDSs or a chemical list to SERC, LEPC and fire department | OSHA hazardous chemical at or above Tier II thresholds | Within 3 months; one time, plus updates |
| 312 | Tier II hazardous chemical inventory | Same thresholds as 311 | Every March 1 |
| 313 | TRI Form R / Form A | Covered industry, 10+ FTEs, listed chemical over annual threshold | Every July 1 |
Sources: 40 CFR part 355 (302, 304), 40 CFR part 370 (311, 312), EPA TRI (313).
Section 302: emergency planning
If an EHS from 40 CFR part 355 is present at or above its Threshold Planning Quantity, notify the SERC and LEPC and take part in local emergency planning through a facility emergency coordinator (40 CFR part 355, subpart B).
Section 304: release reporting
A release of an EHS or CERCLA hazardous substance at or above its Reportable Quantity within 24 hours must be reported immediately to the community emergency coordinator for the LEPC and the SERC (CERCLA substances also go to the National Response Center), followed by a written report (40 CFR part 355, subpart C).
Sections 311 and 312: hazardous chemical reporting
Facilities that must keep SDSs report chemicals at or above the thresholds (10,000 lb, or 500 lb/TPQ for EHSs): once with SDSs or a list (311), and every year with the Tier II inventory (312) (40 CFR part 370). Start with our Tier II guide.
Section 313: Toxics Release Inventory
Covered industries report annual releases and waste management of listed toxic chemicals. See TRI reporting and Form R.
Penalties
EPCRA section 325 civil penalties currently reach $71,545 per violation for sections 302, 304, 311, 312 and 313. Some continuing 304 violations reach $214,637 for repeat violations (40 CFR 19.4).
Who to contact
Your SERC sets state formats and portals; your LEPC handles local planning. EPA's EPCRA pages list both.
Sources
Related guides
Need it done for you?
We prepare Tier II reports for a fixed price
From $1,250 per facility (up to 30 chemicals), built in your state's system and ready for your official to certify before March 1. TRI Form R from $1,500.