Emergency Planning and Community Right-to-Know

One of the most far-reaching changes in environmental regulation in the past 15 years has been the recognition of the power of information. Regulatory authorities and activist groups have launched dozens of “right-to-know” programs to collect and circulate environmental data. Easy access to such information on the Internet has been a key factor in prompting community and market demands for improved environmental performance. Indeed, in some cases, these factors have become more important than regulatory requirements in driving facility and product changes.

Central to the growth of the right-to-know phenomenon has been the Emergency Planning and Community Right-To-Know Act of 1986, or EPCRA. Since the law’s enactment, the Firm has represented clients affected by EPCRA’s emergency planning and information requirements – and EPA’s aggressive expansion of those requirements – including:

• annual reporting of “toxic” chemical releases under the Section 313 Toxics Release Inventory (TRI) program;

• EPCRA Section 304 requirements for immediate reporting of hazardous substance spills and releases and related requirements under Section 103 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA);

• required information submissions to state and local authorities regarding the nature and quantities of hazardous chemicals at industrial facilities; and

• industry participation in state and local emergency response planning.

Our work for businesses and trade associations has included the full range of legal services. We advise clients on compliance with EPCRA requirements and serve as an EPCRA information source, including conducting in-house training programs and co-authoring the reference treatise, Federal Chemical Regulation: TSCA, EPCRA and the Pollution Prevention Act (BNA, 1997). We prepare comments on proposed EPCRA 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 EPA and state enforcement actions and citizen suits. We can also help our clients evaluate the impact of EPCRA and other emerging right-to-know programs on their operations and assist them in planning to meet the challenges those programs pose for their businesses.