Hazardous Chemical Releases Above Certain Quantities Must Be Reported

The Emergency Planning and Community Right-to-Know Act, and the Comprehensive Environmental Response, Compensation and Liability Act were enacted by Congress to provide citizens with information on chemicals, their uses and releases at facilities across the nation and to provide the government with immediate notice to appropriately respond to releases.

Most importantly, these laws are intended to ensure that federal, state and local emergency responders have vital information that will help them prepare for emergencies and protect the public by managing chemical risks which may be posed by a company's chemicals being used.

Section 304 of EPCRA and Section 103 of CERCLA require facilities to immediately notify emergency responders about accidental chemical releases so that federal, state and local governments can respond to the situation. Accidental hazardous chemical releases create risk of significant and potentially lethal injuries. Without timely knowledge of a release, emergency responders cannot do their job - that is, working with industry to prevent or mitigate actual or potential harm to human health and the environment following a release of hazardous chemical

The regulated communities must do more than just give notice. Their obligation to protect citizens and the environment also requires them to continually work to prevent accidents. Prevention is always preferred to emergency response.

General Duty Clause

As part of the 1990 Clean Air Act Amendments, Congress enacted Section 112(r)(1), the "General Duty Clause," to help prevent accidental releases of certain hazardous chemicals.

The General Duty Clause makes it clear that facilities that handle hazardous chemicals bear the primary responsibility for ensuring safe use. This clause applies to every facility that handles any hazardous chemicals, regardless of the quantity on site.

The General Duty Clause states that: "The owners and operators of stationary sources producing, processing handling or storing [extremely hazardous substances] have a general duty … to identify hazards, which may result from releases using appropriate hazard assessment techniques, to design and maintain a safe facility taking such steps as are necessary to prevent releases and to minimize the consequences of accidental releases, which do occur."

In addition to every facility's obligation to operate safely, companies with large volumes of hazardous chemicals specified by EPA must also develop and implement a risk management program. The program must cover hazard assessment, prevention and response for the chemicals stored or processed on site. EPA recognizes the ongoing need to promote safe operating practices and is committed to its efforts to work with companies on the improvement of their safety management programs. Building cooperation among companies, regulatory agencies and the community is fundamental to the success of these programs.

To learn more about EPCRA and CAA Section 112(r), visit EPA's Chemical Emergency Preparedness and Prevention Office Web site.

Updated: June 5, 2003