EPCRA 302–303: EPA Emergency Planning Notification

Regulatory citation: Emergency Planning and Community Right-to-Know Act, Sections 302–303; 40 CFR Part 355, Subpart B, Emergency Planning

What Is EPCRA Emergency Planning Notification?

Sections 302 and 303 of the Emergency Planning and Community Right-to-Know Act (EPCRA) connect facilities that hold extremely hazardous substances (EHSs) with local emergency planning. A facility with an EHS at or above its threshold planning quantity (TPQ) must notify its State Emergency Response Commission (SERC) and Local Emergency Planning Committee (LEPC) and take part in planning. Local committees use this information to build community emergency response plans under section 303.

The EHS list and TPQs appear in Appendices A and B of Part 355.

Why Emergency Planning Notification Matters

Responders and planners can only prepare for chemicals they know about. Notification puts your site on the LEPC's map before an incident happens.

Core Obligations

1. Determine Whether You Are Covered (355.10)

Subpart B applies if an EHS is present at your facility at or above its TPQ. It also applies if the SERC, Governor or Tribal Chief Executive Officer designates your facility for emergency planning after public notice and comment.

2. Calculate Quantities in Mixtures (355.13)

For an EHS in a mixture, multiply the weight percent of the EHS by the weight of the mixture in the container. EHS concentrations at or below 1 percent do not count. For example, 150 lb of a mixture containing 20 percent EHS holds 30 lb of the EHS.

3. Aggregate Across the Facility (355.14)

Add together all amounts of the EHS present at any one time, both pure and in mixtures, regardless of location, number of containers or storage method. Compare the total with the TPQ.

4. Apply the Rules for Solids (355.15 and 355.16)

Some solids have two TPQs, such as 500/10,000 lb. The lower TPQ applies if the solid is a powder with particles under 100 microns, is in solution, is molten or has an NFPA reactivity rating of 2, 3 or 4. Otherwise the TPQ is 10,000 lb. Special formulas apply to powders, solutions and molten solids when calculating the amount on site.

5. Notify Within 60 Days (355.20(a) and 355.21)

Send an emergency planning notification to the SERC and LEPC within 60 days after your facility first becomes subject to Subpart B. EPA does not require a specific format, but your SERC or LEPC may.

6. Name a Facility Emergency Coordinator (355.20(b))

Designate a facility emergency coordinator to take part in local planning and tell the LEPC who it is within 60 days. If no LEPC exists, notify the SERC or Governor, then the LEPC within 30 days after one is set up.

7. Report Changes and Answer LEPC Requests (355.20(c) and (d))

Notify the LEPC of any changes at your facility that may be relevant to emergency planning within 30 days after they occur. Provide information the LEPC requests for its plan promptly, or within any time frame the LEPC sets.

Common Compliance Approaches

Screen Your Chemical Inventory

Compare purchasing and inventory records against the EHS list, including chemicals in mixtures above 1 percent.

Tie Notification to Tier II Reporting

Use the same inventory data for EPCRA section 312 Tier II reports, and review it whenever a new chemical arrives.

Keep the Coordinator Current

Update the LEPC within 30 days when the emergency coordinator or key contact details change.

Example: Emergency Planning Notification in Practice

A cold storage warehouse installs a new anhydrous ammonia refrigeration system. Anhydrous ammonia is an EHS, and the amount in the system is well above its TPQ. Within 60 days of the first charge, the facility manager sends notice to the SERC and LEPC and names the maintenance supervisor as facility emergency coordinator. When the supervisor retires the next year, the manager tells the LEPC about the new coordinator within 30 days.

Related regulations: EPA Tier II Reporting, EPA Release Reporting, EPA Risk Management Program.

Note: This summary reflects federal EPCRA requirements. States, SERCs and LEPCs may require specific forms, fees or extra information. EPCRA section 304 release notification is covered separately.

Frequently Asked Questions

Do I count EHSs in small containers spread around the site?

Yes. Quantities are aggregated across the whole facility at any one time, regardless of the number of containers or storage method.

Is this the same as Tier II reporting?

No. Section 302 is a one-time notification when you first exceed a TPQ, plus updates. Section 312 Tier II is an annual inventory report.

Is there a deadline to name an emergency coordinator?

Yes. Notify the LEPC of your facility emergency coordinator within 60 days after you become subject to Subpart B.