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

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EPA’s Role in Emergency Planning and

Notification at Chemical Facilities

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Specialist in Environmental Policy

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Updated September 18, 2017

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R44952

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.

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

Contents

Introduction ..................................................................................................................................... 1

Facility Risk Management Planning Requirements ........................................................................ 2

Revisions under the Obama Administration ....................................................................... 3

Revisions under the Trump Administration ........................................................................ 4

Emergency Planning Notification Requirements ............................................................................ 4

Emergency Release Notification Requirements .............................................................................. 6

Chemical Safety Board .................................................................................................................... 7

Toxic Release Inventory Reporting Requirements .......................................................................... 7

Contacts

Author Contact Information ............................................................................................................ 8

Congressional Research Service

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

Introduction

Chemicals and the facilities that manufacture, store, distribute, and use them are essential to the

U.S. economy. However, incidents occasioned by natural disasters (e.g., hurricanes, earthquakes,

floods), unintentional events (e.g., fire, accidents), or security threats (e.g., terrorism) show that

the handling and storage of chemicals are not without risk. Incidents such as the 2017 fire at the

Arkema chemical plant in Crosby, TX, the 2013 explosion at the West Fertilizer Company in

West, TX, and the 1984 release of methyl isocyanate at the Union Carbide plant in Bhopal, India,

have motivated many in federal, state, and local governments to back efforts to reduce the risk of

chemical accidents in the United States.

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. State, local,

and tribal authorities also have critical responsibilities in managing risks from chemical facility

accidents through setting and enforcing requirements for zoning, siting, and emergency response

and planning.1

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);

emergency planning notification requirements under the Emergency Planning

and Community Right-to-Know Act of 1986 (EPCRA);

emergency release notification requirements under the Comprehensive

Environmental Response, Compensation, and Liability Act of 1980 (CERCLA);

duties of the Chemical Safety and Hazard Investigation Board, known as the

Chemical Safety Board (CSB), under Section 112(r)(6) of the CAA; and

toxic release inventory reporting requirements under EPCRA.

This report does not address other federal agencies’ authorities regarding safety, planning, and

notification, such as the Department of Labor, Occupational Safety and Health Administration

(OSHA) requirements covering occupational safety and health risks to workers, the Department

of Homeland Security (DHS) requirements covering homeland security risks from security threats

to facilities, or the Department of Transportation (DOT) requirements covering risks from the

transportation of hazardous materials. Further, it does not address the federal response framework

for releases of oil and chemicals into the environment.2

1 As described in The White House, Office of the Press Secretary, “FACT SHEET: Executive Order on Improving

Chemical Facility Safety and Security,” August 1, 2013.

2 For a discussion of the federal role in responding to releases of hazardous substances, see CRS Report R43251, Oil

and Chemical Spills: Federal Emergency Response Framework, by (name redacted) and (name redacted)

. For

additional reports on these topics, see CRS Report R43360, Chemical, Hazardous Substances, and Petroleum Spills:

CRS Experts, coordinated by (name redacted) .

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

Facility Risk Management Planning Requirements

In the CAA Amendments of 1990, P.L. 101-549, Congress enacted Section 112(r)(1), also known

as the General Duty Clause (GDC). It applies to any facility where extremely hazardous

substances are present.3 GDC is a performance-based authority recognizing that owners and

operators have a general duty and responsibility to prevent and mitigate the consequences of

chemical accidents.

Further, Section 112(r)(7) authorizes EPA to require the establishment of approved risk

management planning requirements for stationary sources that manage certain types of toxic or

flammable substances, if the quantity of the substance exceeds a threshold established in

regulation for that substance.4 Section 112(r)(7)(B) requires EPA to promulgate regulations and

guidance for the development of facility Risk Management Plans (RMPs) to prevent and detect

accidental releases into the ambient air from these stationary sources.5 Facility owners and

operators also must incorporate measures into their plans to respond to an accidental release of

such substances, if such release were to occur. For these purposes, Section 112(r)(2)(A) defines

an “accidental release” to be an “unanticipated emission of a regulated substance or other

extremely hazardous substance into the ambient air from a stationary source.”6

Pursuant to Section 112(r)(7)(B), the major elements of an RMP must include

an assessment of the potential severity of the hazards if an accidental release into

the ambient air were to occur (including off-site consequence analysis of worstcase scenarios);

a facility-specific program to prevent accidental releases (including safety

precautions and employee training); and

a facility-specific response program to take actions that may be necessary to

protect human health and the environment in the event of an accidental release

(including procedures for notifying federal, state, and local agencies responsible

for responding to an incident).

3 “Extremely hazardous substances” are defined as any chemicals listed in 40 C.F.R. §68, “or any other extremely

hazardous substance.”

4 Both the U.S. Environmental Protection Agency’s (EPA’s) 40 C.F.R. §68 Risk Management Plan (RMP) regulations

and the Department of Labor, Occupational Safety and Health Administration’s (OSHA’s) 29 C.F.R. §1910.119

Process Safety Management (PSM) standard were authorized in the CAA Amendments of 1990. This was in response

to a number of catastrophic chemical accidents occurring worldwide that had resulted in public and worker fatalities

and injuries, environmental damage, and other community impacts. Most notably, the sudden, accidental release in

December 1984 of methyl isocyanate in an industrial incident at the Union Carbide plant in Bhopal, India, and the

attendant loss of thousands of lives and widespread injuries motivated many in Congress to support legislation to

reduce the risk of chemical accidents in the United States.

5 42 U.S.C. §7412(r)(7)(B). EPA promulgated regulations to designate regulated substances and threshold quantities

under CAA Section 112(r)(7) in 1994, and promulgated the regulations to establish RMP requirements for covered

stationary sources in 1996. These regulations are codified together at 40 C.F.R. §68, including a list of 140 regulated

substances (77 toxic and 63 flammable chemicals), and their threshold quantities (40 C.F.R. §68.130). CAA Section

112(r)(7)(D) requires EPA to coordinate the development of its regulations and guidance for RMPs with requirements

for “comparable” purposes established by OSHA and DOT. Information on these regulations and accompanying

agency guidance are available on the EPA website at https://www.epa.gov/rmp.

6 42 U.S.C. §7412(r)(2)(A).

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

Section 112(r)(7)(E) makes the operation of a stationary source subject to RMP requirements

unlawful if the facility owner or operator does not prepare and implement an RMP in accordance

with applicable regulatory requirements.7

Facility owners or operators must submit their RMPs to EPA, the Chemical Safety Board (CSB)

established pursuant to Section 112(r)(6), and state and local emergency response officials.8

Section 114(c) also requires RMPs to be made available to the public, with the exception of

certain confidential business or trade information that an RMP may contain.9 For facility security

purposes, Section 112(r)(7)(H) also limits the public availability of off-site consequence analysis

of worst case scenarios presented in an RMP.10 These plans must be revised and resubmitted to

EPA every five years. In overseeing regulated facilities, EPA may also require facilities to revise

their RMPs if necessary to ensure compliance with federal requirements.

EPA has delegated RMP oversight responsibility to some states and localities. Where the RMP

has been delegated to a state, the state may have additional requirements for the federally listed

chemicals and/or additional listed chemicals.

Revisions under the Obama Administration

Under the Obama Administration, EPA revised the RMP requirements in response to Executive

Order 13650, Improving Chemical Facility Safety and Security, issued by President Obama on

August 1, 2013.11 EPA promulgated the final rule revisions on January 13, 2017, highlighting the

fertilizer facility incident in 2013 in West, TX, among “catastrophic chemical facility incidents”

that were the primary impetuses for Executive Order 13650.12

The revisions include

additional analysis of safer technology and alternatives as part of the process

hazard analysis for some sources;

third-party audits and incident investigation root cause analysis for some sources;

enhancements to the emergency preparedness requirements; and

increased public availability of chemical hazard information to assist local

emergency authorities in planning for and responding to accidents and to improve

public awareness of chemical hazards at regulated sources.

7 42 U.S.C. §7412(r)(7)(E).

8 “Plans prepared pursuant to this subparagraph shall also be submitted to the Chemical Safety and Hazard

Investigation Board, to the State in which the stationary source is located, and to any local agency or entity having

responsibility for planning for or responding to accidental releases which may occur at such source, and shall be

available to the public under section 7414(c) of this title.” 42 U.S.C. §7412(r)(7)(B)(iii).

9 42 U.S.C. §7414(c).

10 42 U.S.C. §7412(r)(7)(H).

11 Executive Order 13650, “Improving Chemical Facility Safety and Security,” 78 Federal Register 48029-48033,

August 7, 2013.

12 EPA, “Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act,” 82

Federal Register 4594-4705, January 13, 2017.

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

Revisions under the Trump Administration

Under the Trump Administration, the EPA Administrator published a final rule on June 14, 2017,

to delay the effective date of the RMP rule amendments for 20 months until February 19, 2019.13

The action was taken under CAA section 307(d)(7)(B).14 The rule states that the action “allows

the Agency time to consider petitions for reconsideration of the Risk Management Program

Amendments and take further regulatory action, as appropriate, which could include proposing

and finalizing a rule to revise or rescind these amendments.” EPA summarized stakeholders’

submitted reasons to delay the effective date of the amendments as follows:15

lack of sufficient notice for comments or the addition of new provisions to the

final rule that were not in the 2016 RMP proposed amendments,

safety and security concerns related to implementation of the final rule,

cost burden to regulated facilities and emergency response organizations,

insufficient coordination with OSHA by EPA, and

insufficient coordination with stakeholders or consideration of stakeholder

comments.

Emergency Planning Notification Requirements

EPCRA was enacted in 1986 as Title III of the Superfund Amendments and Reauthorization Act

of 1986 (P.L. 99-499). EPCRA requires facilities to report the presence of hazardous chemicals or

extremely hazardous substances to state and local emergency response officials, if the quantity

present would exceed certain thresholds.16 This information is intended to assist state and local

officials in developing their own emergency response plans in the event of an incident at a

facility. The universe of facilities subject to reporting under EPCRA is larger than facilities

subject to RMP requirements under the CAA, because EPCRA applies to a broader body of

chemicals.

Section 311 of EPCRA17 specifies the applicability of reporting requirements under that statute to

hazardous chemicals that require the preparation of a material safety data sheet (MSDS) pursuant

to the Occupational Safety and Health Act of 1970 (OSH Act).18 These hazardous chemicals

encompass a broad array of substances commonly found in industrial, commercial, or other

workplace settings. Considering this breadth, there is not a singular consolidated list. They are

defined by certain characteristics and properties specified in federal regulations promulgated

13 EPA, “Accidental Release Prevention Requirements: Risk Management Programs Under the Clean Air Act; Further

Delay of Effective Date,” 82 Federal Register 27133-27144, June 14, 2017.

14

42 U.S.C. §7607(d)(7)(B).

15 EPA, “Response to Comments on the 2017 Proposed Rule Further Delaying the Effective Date of EPA’s Risk

Management Program Amendments (April 3, 2017; 82 FR 16146).” Office of Emergency Management, USEPA,

Washington, DC. June 8, 2017, https://www.regulations.gov/document?D=EPA-HQ-OEM-2015-0725-0881.

16 42 U.S.C. §§11001-11050. For a broader discussion of the authorities of EPCRA than presented in this

memorandum, see CRS Report RL32683, The Emergency Planning and Community Right-to-Know Act (EPCRA): A

Summary, by (name redacted) .

17 42 U.S.C. §11021.

18 29 U.S.C. §§651-678.

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

under the OSH Act.19 Certain uses of hazardous chemicals are excluded from reporting

requirements, as outlined in Section 311(e) of EPCRA.20

Section 312 of EPCRA requires the owner or operator of a facility storing a hazardous chemical

in a quantity equal to or exceeding 10,000 pounds to report the presence of the chemical to the

State Emergency Response Commission (SERC), the appropriate Local Emergency Planning

Committee (LEPC), and the local fire department with jurisdiction over the facility.21 States

established SERCs and LEPCs pursuant to Section 301 of EPCRA.22

The general threshold of 10,000 pounds for the reporting of hazardous chemicals applies to “Tier

I” reporting under which the facility owner or operator is required to report this information at its

own initiative to the SERC, the appropriate LEPC, and the local fire department. There is a

“zero” threshold (i.e., no minimum quantity) for “Tier II” reporting for which a SERC, LEPC, or

local fire department may require additional information from the facility owner or operator about

the presence of a hazardous chemical present at the facility.

If a hazardous chemical also is designated under EPCRA as an extremely hazardous substance,

the reporting threshold generally is 500 pounds, and may be less under separate reporting

requirements. Section 302(a) of EPCRA directs EPA to determine which chemicals warrant

designation as extremely hazardous substances and to establish separate reporting thresholds for

them.23 In making these determinations, EPA must take into account the “toxicity, reactivity,

volatility, dispersability, combustability, or flammability” of a substance. Section 302(c) of

EPCRA requires the owner or operator of a facility storing an extremely hazardous substance

exceeding the applicable threshold to report the presence of the substance to the SERC and the

LEPC (but not the local fire department).24 Section 303(d) also requires facilities subject to the

reporting of an extremely hazardous substance to designate a representative to serve on the

LEPC.25

Section 324 of EPCRA requires information reported by facilities to SERCs, LEPCs, and local

fire departments to be made available to the public, with the exception of facility information that

may be subject to protection as confidential business or trade information.26 Section 322 of

EPCRA specifies the types of confidential business or trade information that a facility owner or

operator may choose to protect from public disclosure.27 For security purposes, a facility owner or

19 29 C.F.R. §1910.1200(c).

20 42 U.S.C. §11021(e). Exclusions include (1) any food, food additive, color additive, drug, or cosmetic regulated by

the Food and Drug Administration; (2) any substance present as a solid in any manufactured item to the extent

exposure to the substance does not occur under normal conditions of use; (3) any substance to the extent it is used for

personal, family, or household purposes, or is present in the same form and concentration as a product packaged for

distribution and use by the general public; (4) any substance to the extent it is used in a research laboratory or a hospital

or other medical facility under the direct supervision of a technically qualified individual; and (5) any substance to the

extent it is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer.

21 42 U.S.C. §11022.

22 42 U.S.C. §11001.

23 42 U.S.C. §11002(a).

24 42 U.S.C. §11002(c).

25 42 U.S.C. §11003(d).

26 42 U.S.C. §11044.

27 42 U.S.C. §11042. For exclusions due to trade purposes, each of the following must be shown: (1) such person has

not disclosed the information to any other person, other than a member of a local emergency planning committee, an

officer or employee of the United States or a State or local government, an employee of such person, or a person who is

bound by a confidentiality agreement, and such person has taken reasonable measures to protect the confidentiality of

such information and intends to continue to take such measures; (2) the information is not required to be disclosed, or

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

operator also may opt not to publicly disclose the exact location of a specific chemical within a

facility boundary.

Emergency Release Notification Requirements

Requirements to report releases of a hazardous substance into the environment are enumerated in

both EPCRA and CERCLA.28 EPCRA requires reporting of certain releases to the SERC and the

appropriate LEPC to make state and local officials aware of the release so as to inform emergency

response actions that may be appropriate within their respective jurisdictions. CERCLA requires a

facility to report certain releases to the National Response Center to inform decisions about

federal involvement in responding to the incident to coordinate with state and local officials.29

Section 107 of CERCLA also establishes liability for response costs and natural resource

damages.30 Similar to emergency planning notification requirements discussed above, whether the

owner or operator of a facility would be required under EPCRA or CERCLA to report an actual

release into the environment would depend primarily on the quantity of the release.

Section 103 of CERCLA31 generally requires persons who release hazardous substances into the

environment to notify the federal National Response Center of the incident as soon as the person

has knowledge of the release, if the quantity of the release is equal to or exceeds the threshold for

that substance. Section 102 directed EPA to designate specific chemicals as hazardous substances

for the purpose of CERCLA and to establish thresholds for reporting releases into the

environment.32 A list of designated hazardous substances and the reporting threshold (i.e.,

reportable quantity) for each substance is specified in federal regulation.33

In certain circumstances, a release may not be subject to reporting under CERCLA, even if the

release otherwise would exceed the reportable quantity. Section 103 excludes federally permitted

releases of hazardous substances from reporting requirements under the statute. Section 101(10)

defines the term “federally permitted release” to include releases of hazardous substances

authorized in permits issued under certain other federal environmental laws cited in that

definition.34 Section 107(j) of CERCLA also exempts federally permitted releases from liability

under the statute.35 Federally permitted releases are exempt from reporting requirements and

liability under CERCLA based on the premise that permit requirements would address potential

risks, and that the exemption may avoid potential conflicts between one federal law allowing a

release and another imposing liability for the same action.

otherwise made available, to the public under any other Federal or State law; (3) disclosure of the information is likely

to cause substantial harm to the competitive position of such person; and (4) the chemical identity is not readily

discoverable through reverse engineering.

28 42 U.S.C. §§9601-9675. For a broader discussion of the authorities of CERCLA than presented in this report, see

CRS Report R41039, Comprehensive Environmental Response, Compensation, and Liability Act: A Summary of

Superfund Cleanup Authorities and Related Provisions of the Act, by (name redacted) .

29 For a discussion of the federal role in responding to releases of hazardous substances, see CRS Report R43251, Oil

and Chemical Spills: Federal Emergency Response Framework, by (name redacted) and (name redacted)

.

30 42 U.S.C. §9607.

31 42 U.S.C. §9603.

32 42 U.S.C. §9602.

33 40 C.F.R. Part 302.

34 42 U.S.C. §9601(10). Permits issued under the authorities of these federal environmental laws include permits issued

by states with delegated federal authority.

35 42 U.S.C. §9607(j).

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

Section 304 of EPCRA generally requires the owner or operator of a facility from which an

extremely hazardous substance is released into the environment to report the release to the SERC

and the appropriate LEPC, if the volume of the release is a reportable quantity.36 Parallel with

CERCLA, Section 304 of EPCRA however federally permitted releases from these reporting

requirements. Most extremely hazardous substances designated under EPCRA also are designated

as hazardous substances under CERCLA, but some are not.

Chemical Safety Board

As amended in 1990, Section 112(r)(6) of the CAA authorized the establishment of the Chemical

Safety and Hazard Investigation Board, often referred to as the Chemical Safety Board (CSB) for

short.37 The principal mission of the CSB is to

investigate (or cause to be investigated), determine and report to the public in writing the

facts, conditions, and circumstances and the cause or probable cause of any accidental

release resulting in a fatality, serious injury or substantial property damages. 38

Based on the findings of its investigations, the CSB is authorized to recommend measures that

may reduce the likelihood or consequences of accidental releases in the future, and to propose

“corrective steps” to mitigate the safety risks of chemical production, processing, handling, and

storage. The CSB is not a regulatory agency, however, and is not authorized to enforce or compel

compliance with such recommendations or corrective steps. Other agencies with regulatory

authority may develop enforceable requirements based on CSB recommendations, such as EPA

for accidental release prevention requirements under Section 112(r)(7) of the CAA, or OSHA for

worker protection requirements under the OSH Act.39

Toxic Release Inventory Reporting Requirements

In addition to emergency planning and release notification requirements, Section 313 of EPCRA

authorized EPA to establish and maintain a Toxic Release Inventory (TRI) of facilities that

manufacture, import, process, or use certain types of toxic chemicals.40 These facilities are

diverse in terms of their industrial and commercial operations. TRI does not necessarily identify

actual releases into the environment that may present a particular level of risk to human health or

the environment, nor does the TRI track facilities that have violated any particular environmental

requirements under either federal or state law. The TRI only provides public disclosure of the

locations of certain facilities at which toxic chemicals are present in various quantities, consistent

with the “community right-to-know” objective of EPCRA.

Section 313 requires the owner or operator of a facility to submit an annual report to EPA, and a

state official designated by the governor of the state in which the facility is located, identifying

the quantities of toxic chemicals manufactured, imported, processed, or otherwise used at that

facility the previous year, if the quantity would exceed the threshold required for reporting. The

36 42 U.S.C. §11004.

37 42 U.S.C. §7412.

38 42 U.S.C. §7412(6).

39 The CSB website (http://www.csb.gov/) offers additional information on the mission, history, and current

membership of the Board; and maintains a collection of completed and ongoing chemical accident investigations

conducted by the Board.

40 42 U.S.C. §11023.

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

specific chemicals subject to these reporting requirements are designated in federal regulations

promulgated by EPA, pursuant to Section 313.41 Section 313(d) outlines the designation criteria,

including chemical toxicity, potential adverse impacts on human health if exposure were to occur,

and certain types of illnesses or health conditions that may be associated with potential exposure

to the chemical.42 Section 313(f) establishes a general reporting threshold of 10,000 pounds for

toxic chemicals used at a facility during a calendar year, and 25,000 pounds for toxic chemicals

manufactured, imported, or processed at a facility during a calendar year.43

Author Contact Information

(name redacted)

Specialist in Environmental Policy

/redacted/@crs.loc.gov, 7-....

(name redacted)

Specialist in Environmental Policy

/redacted/@crs.loc.gov, 7-....

41 40 C.F.R. Part 372.

42 42 U.S.C. §11023(d).

43 42 U.S.C. §11023(f).

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