Emergency Planning and Community Right-to-Know Act - Emergency Planning (Sections 301-303)

Emergency Planning (Sections 301-303)

These sections are to ensure that state and local communities are prepared to respond to potential chemical accidents. As a first step, each state had to establish a State Emergency Response Commission (SERC). In turn, the SERC designated local emergency planning districts. For each district, the SERC appoints, supervises and coordinates the activities of a Local Emergency Planning Committee (LEPC). The LEPC must, in turn, develop an emergency response plan for its district and review it annually. The membership of the LEPC includes representatives of public and private organizations as well as a representative from every facility subject to EPCRA emergency planning requirements.

The plan developed by the LEPC must:

  • identify affected facilities and transportation routes;
  • describe emergency notification and response procedures;
  • designate community and facility emergency coordinators;
  • describe methods to determine the occurrence and extent of a release;
  • identify available response equipment and personnel;
  • outline evacuation plans;
  • describe training and practice programs and schedules; and
  • contain methods and schedules for exercising the plan.

Determining if a facility is subject to the EPCRA emergency planning requirements is straightforward. The Environmental Protection Agency (EPA) has published a list of "extremely hazardous substances (EHS)." For each EHS, the list includes the name, the Chemical Abstract Service number of the substance, and a number called a threshold planning quantity (TPQ). The TPQ, expressed in pounds, is the critical number. If a facility has within its boundaries an amount of an extremely hazardous substance equal to or in excess of its threshold planning quantity, the facility is subject to the EPCRA emergency planning requirements and must notify both the SERC and the LEPC of this fact. The facility must also appoint an emergency response coordinator who will work with the LEPC on developing and implementing the local emergency plan at the facility.

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