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State Delegations - EPCRA

EPCRA = Emergency Planning and Community Right to Know Act

Sec 313 = Toxic Chemical Release Form. The owner or operator of a facility that manufactured, processed or otherwise used toxic chemicals listed under subsection (c) of §313 in quantities exceeding the threshold quantity established under subsection (f) of §313, must complete a toxic release chemical form for each chemical. Under §313(f), the threshold amounts are: 10 000 pounds per year for each toxic chemical used at the facility, and 25 000 pounds per year for each toxic chemical manufactured or processed at the facility. The threshold amount may be subject to change by the EPA Administrator 313(f)(2).

Sec 304 = Emergency notification is required in case of release in a reportable quantity of an extremely dangerous substance from a facility that stores, produces or uses such substance. The owner or operator of the facility must give immediate verbal notice to the community emergency coordinator for the local emergency planning committees and to the state emergency planning commissions of any state likely to be affected by the release. If the release occurs during the transportation of such substance, the notice requirement would be satisfied by dialing 911 or calling the operator. The chemicals for which notification must be given are the hazardous substances listed under §302 of CERCLA (Comprehensive Environmental Response, Compensation and Liability Act) and the extremely hazardous substances listed under §9602 of EPCRA.

Sec 312 = The owner or operator of a facility required to have a Material Safety Data Sheet (MSDS) for a hazardous chemical under OSHA (Occupational Safety and Health Act) and regulations promulgated under OSHA, must submit a MSDS or a list of such chemicals to: the appropriate local emergency planning committee, the state emergency response commission and the fire department with jurisdiction over the facility.

Key to Abbreviations in Delegation Tables

States Sec 313 Sec 304, 312
AL ND ND
AK ND ND
AZ ND ND
AR N ND
CA ND ND
CO ND ND
CT ND ND
DE ND ND
DC ND ND
FL ND ND
GA ND ND
HI ND ND
ID ND ND
IL S S
IN N S
KS ND ND
LA N ND
ME ND ND
MD ND ND
MA ND ND
MI N N
MN S S
MS ND ND
MO ND ND
MT ND ND
NE ND ND
NV ND ND
NH ND ND
NJ N ND
NM N ND
NY N N
NC ND ND
ND ND ND
OH S S
OK N ND
OR ND ND
PA ND ND
PR N N
RI ND ND
SC ND ND
SD ND ND
TN ND ND
TX N ND
UT ND ND
VT ND ND
VA ND ND
WA N N
WI S S
WV ND ND
WY ND ND