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

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URL: https://www.frixlaw.com/law-library/documents/crs%3AR44952

## Record

- **Collection:** Congressional research report
- **Document type:** CRS Report
- **Published:** September 18, 2017
- **Citation:** R44952

## Text

EPA’s Role in Emergency Planning and
Notification at Chemical Facilities
name redacted
Specialist in Environmental Policy
name redacted
Specialist in Environmental Policy
Updated September 18, 2017

Congressional Research Service
7-....
www.crs.gov
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

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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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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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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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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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