Beveridge & Diamond
 

Emergency Planning and Community Right-to-Know

The firm has advised clients on all aspects of the Emergency Planning and Community Right-To-Know Act of 1986, or EPCRA, including facility emergency planning requirements; release reporting requirements, chemical inventory reporting, and Toxic Release Inventory (TRI) reporting.  Our work has included developing reporting and compliance protocols for companies, advising clients on the completion of Section 311 submissions, Tier II reports and Form R submissions, successfully defending significant enforcement actions brought by EPA, and assisting companies with voluntary disclosures of past reporting violations under the statute.

 Our recent work includes:

  • advising a major petrochemical company on the development of a company-wide spill release and reporting protocol under various release reporting statutes, including Section 304 of EPCRA;
  • advising clients on the scope and application of the federal permitted release exemption under CERCLA Section 103 and EPCRA Section 304;
  • advising clients in the chemicals, telecommunications, pharmaceuticals, and food processing sectors on the submission of voluntary disclosures to EPA that resulted in minimal penalties for past violations of EPCRA reporting requirements;
  • defending a Fortune 100 client in a nation-wide enforcement action alleging several hundred violations of EPCRA Section 311-312 chemical inventory reporting requirements;
  • advising a major US chemical company on integration and compliance issues concerning  EPCRA reporting in connection with a major asset acquisition of multiple facilities in multiple states; and
  • advising numerous clients over many years on the submission of annual Form R reports under the TRI program.

Our work for businesses and trade associations has included the full range of legal services. We advise clients on compliance with EPCRA requirements and have designed and led in-house training workshops. We prepare comments on proposed regulations, such as those that have increased TRI reporting burdens, and we have represented clients in federal court challenges to those rules. We assist our clients in investigating allegations of non-compliance and determining appropriate responses, including identifying necessary corrective steps, evaluating whether to disclose potential violations under EPA’s Audit Policy, and, where necessary, defending clients in enforcement actions and citizen suits.