EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT (EPCRA)
On October 17, 1986, in response to a growing concern for safety around chemical
facilities, Congress enacted the Emergency Planning and Community Right-To-Know
Act (EPCRA), also known as Title III of the Superfund Amendments and Reauthorization
Act (SARA). The Act has had a far-reaching influence on issues relating to
hazardous materials. EPCRA contains five sections which cover issues associated
with the manufacture, use, exposure, transportation, and public education
of hazardous materials. It is the mission of the Local Emergency Planning
Committees (LEPCs) and State Emergency Response Commission (SERC) to implement
EPCRA in the State of Florida and mitigate the effects of a release or spill
of hazardous materials.
http://www4.law.cornell.edu/uscode/42/
CHAPTER 116 - EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW
SUBCHAPTER I - EMERGENCY PLANNING AND NOTIFICATION
- §
11001. Establishment of State commissions, planning districts, and local
committees.
- (a) Establishment of State emergency response commissions.
- (b) Establishment of emergency planning districts.
- (c) Establishment of local emergency planning committees.
- (d) Revisions.
- §
11002. Substances and facilities covered and notification.
- (a) Substances covered.
- (b) Facilities covered.
- (c) Emergency planning notification.
- (d) Notification of Administrator.
- §
11003. Comprehensive emergency response plans.
- (a) Plan required.
- (b) Resources.
- (c) Plan provisions.
- (d) Providing of information.
- (e) Review by State emergency response commission.
- (f) Guidance documents.
- (g) Review of plans by regional response teams.
- §
11004. Emergency notification.
- (a) Types of releases.
- (b) Notification.
- (c) Followup emergency notice.
- (d) Transportation exemption not applicable.
- §
11005. Emergency training and review of emergency systems.
- (a) Emergency training.
- (b) Review of emergency systems.
SUBCHAPTER II - REPORTING REQUIREMENTS
- §
11021. Material safety data sheets.
- (a) Basic requirement.
- (b) Thresholds.
- (c) Availability of MSDS on request.
- (d) Initial submission and updating.
- (e) ''Hazardous chemical'' defined.
- §
11022. Emergency and hazardous chemical inventory forms.
- (a) Basic requirement.
- (b) Thresholds.
- (c) Hazardous chemicals covered.
- (d) Contents of form.
- (e) Availability of tier II information.
- (f) Fire department access.
- (g) Format of forms.
- §
11023. Toxic chemical release forms.
- (a) Basic requirement.
- (b) Covered owners and operators of facilities.
- (c) Toxic chemicals covered.
- (d) Revisions by Administrator.
- (e) Petitions.
- (f) Threshold for reporting.
- (g) Form.
- (h) Use of release form.
- (i) Modifications in reporting frequency.
- (j) EPA management of data.
- (k) Report.
- (l) Mass balance study.
SUBCHAPTER III - GENERAL PROVISIONS
- §
11041. Relationship to other law.
- (a) In general.
- (b) Effect on MSDS requirements.
- §
11042. Trade secrets.
- (a) Authority to withhold information.
- (b) Trade secret factors.
- (c) Trade secret regulations.
- (d) Petition for review.
- (e) Exception for information provided to health professionals.
- (f) Providing information to Administrator; availability to public.
- (g) Information provided to State.
- (h) Information on adverse effects.
- (i) Information provided to Congress.
- §
11043. Provision of information to health professionals, doctors, and
nurses.
- (a) Diagnosis or treatment by health professional.
- (b) Medical emergency.
- (c) Preventive measures by local health professionals.
- (d) Confidentiality agreement.
- (e) Regulations.
- §
11044. Public availability of plans, data sheets, forms, and followup
notices.
- (a) Availability to public.
- (b) Notice of public availability.
- §
11045. Enforcement.
- (a) Civil penalties for emergency planning.
- (b) Civil, administrative, and criminal penalties for emergency notification.
- (c) Civil and administrative penalties for reporting requirements.
- (d) Civil, administrative, and criminal penalties with respect to
trade secrets.
- (e) Special enforcement provisions for section 11043.
- (f) Procedures for administrative penalties.
- §
11046. Civil actions.
- (a) Authority to bring civil actions.
- (b) Venue.
- (c) Relief.
- (d) Notice.
- (e) Limitation.
- (f) Costs.
- (g) Other rights.
- (h) Intervention.
- §
11047. Exemption.
- §
11048. Regulations.
- §
11049. Definitions.
- §
11050. Authorization of appropriations.
source: http://www4.law.cornell.edu/uscode/42/ch116.htm
US
Code as of: 01/26/98