The Emergency Planning and Community Right-to-Know Act (EPCRA), also known as SARA Title III, requires facilities to report chemical inventories, releases, and hazards to federal, state, and local agencies. EPCRA has four major reporting provisions: Section 302/303 (emergency planning notification), Section 304 (emergency release notification), Sections 311/312 (chemical inventory reporting — SDS and Tier II), and Section 313 (Toxic Release Inventory / TRI reporting). For oil and gas facilities, the most commonly applicable requirements are Tier II annual chemical inventory reports (Section 312) and, for larger facilities, TRI reporting (Section 313). A program audit evaluates whether your facility has identified all reporting triggers, submitted required notifications and reports, and maintains the chemical inventory data and records needed to demonstrate compliance.
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Download Checklist (.docx)Regulatory Requirements
EPCRA Section 302/303 — Emergency Planning Notification
Facilities with extremely hazardous substances (EHS) present above threshold planning quantities (TPQs) must notify the State Emergency Response Commission (SERC) and Local Emergency Planning Committee (LEPC). Facilities must designate a facility emergency coordinator and participate in local emergency planning.
EPCRA Section 304 — Emergency Release Notification
Facilities must immediately notify the LEPC and SERC when there is a release of a CERCLA hazardous substance or an EPCRA extremely hazardous substance that exceeds the reportable quantity (RQ). Notification must include the chemical identity, estimated quantity released, time and duration, medium affected, health risks, precautions, and contact information.
EPCRA Sections 311/312 — SDS and Tier II Reporting (40 CFR 370)
Facilities that must maintain Safety Data Sheets (SDS) under OSHA HazCom and store hazardous chemicals above certain thresholds must submit: initial SDS or lists (Section 311) and annual Tier II chemical inventory reports (Section 312) to the LEPC, SERC, and local fire department. Tier II reports are due annually by March 1.
EPCRA Section 313 — Toxic Release Inventory (TRI)
Facilities in certain SIC/NAICS codes with 10+ employees that manufacture, process, or otherwise use listed toxic chemicals above threshold quantities must submit annual TRI reports (Form R or Form A) to EPA and the state by July 1. TRI covers over 770 chemicals and chemical categories.
Emergency Planning (Sections 302/303)
| Audit Item | Expected Finding / What to Evaluate |
|---|---|
| EHS identification | All extremely hazardous substances (EHS) present at the facility have been identified from EPA’s list of 355 EHS chemicals. Maximum on-site quantities are tracked against threshold planning quantities (TPQs). Facility has determined whether any EHS is present above its TPQ. |
| SERC/LEPC notification | If any EHS exceeds its TPQ, initial notification has been submitted to the SERC and LEPC within 60 days. LEPC contact information is current. Facility emergency coordinator has been designated and contact information provided to the LEPC. |
| Emergency planning participation | Facility provides information requested by the LEPC for local emergency planning purposes. Facility emergency coordinator participates in LEPC emergency planning activities when requested. Any changes in EHS inventory that affect the local emergency plan have been communicated. |
Emergency Release Notification (Section 304)
| Audit Item | Expected Finding / What to Evaluate |
|---|---|
| Reportable quantity identification | Reportable quantities (RQs) are known for all CERCLA hazardous substances and EHS chemicals stored at the facility. RQ reference list is current and accessible to operations personnel. Continuous release reporting provisions are understood and applied where applicable. |
| Notification procedures | Written procedures exist for immediate notification of the LEPC and SERC upon discovery of a release exceeding a reportable quantity. Procedures include notification of the National Response Center (1-800-424-8802) when CERCLA substances are involved. Contact numbers are posted at key locations throughout the facility. |
| Release documentation | All releases exceeding RQs have been documented. Follow-up written notices have been submitted to LEPC and SERC as soon as practicable after the release, including updated information on response actions, health risks, and medical advice. Release records are retained. |
SDS and Chemical Inventory (Sections 311/312)
| Audit Item | Expected Finding / What to Evaluate |
|---|---|
| SDS submission compliance | Initial SDS or chemical lists were submitted to the LEPC, SERC, and local fire department for all hazardous chemicals present above thresholds. Updated SDS have been submitted when new chemicals are introduced or significant new hazard information is discovered. |
| Tier II report submission | Annual Tier II reports are submitted by March 1 to the SERC, LEPC, and local fire department. Reports cover the prior calendar year (January 1 – December 31). Submission uses the state’s required format (Tier2 Submit software or state-specific portal). Submission receipts or confirmations are retained. |
| Tier II data accuracy | Tier II reports accurately reflect maximum amount, average daily amount, and number of days on site for each reportable chemical. Chemical identities match SDS information. Storage locations, types, and conditions (temperature, pressure) are correctly reported. CAS numbers and hazard categories are accurate. |
| Threshold tracking | Maximum on-site quantities are tracked throughout the year for all hazardous chemicals. Threshold determinations account for all storage locations and containers. For EHS chemicals, the lower of 500 pounds or the TPQ is used. For all other hazardous chemicals, the 10,000-pound threshold applies. Mixtures are evaluated per 40 CFR 370.28. |
| Chemical inventory management | Current chemical inventory list is maintained with chemical name, CAS number, maximum quantity, average daily quantity, and storage location(s). Inventory is updated as chemicals are added or removed. SDS library is current for all chemicals on site and accessible to employees. |
Toxic Release Inventory (Section 313)
| Audit Item | Expected Finding / What to Evaluate |
|---|---|
| TRI applicability determination | Facility has evaluated TRI applicability based on: SIC/NAICS code, employee count (≥10 full-time equivalent), and manufacturing, processing, or otherwise using listed toxic chemicals above applicable thresholds (25,000 lbs manufactured/processed, 10,000 lbs otherwise used, or lower thresholds for PBT chemicals). Determination is documented annually. |
| TRI report submission | Form R or Form A (certification) reports are submitted to EPA and the state by July 1 for each TRI chemical exceeding thresholds. Reports cover the prior calendar year. Submission is through EPA’s TRI-MEweb (Toxics Release Inventory – Made Easy). Confirmation receipts are retained. |
| Release and transfer calculations | Releases to air, water, and land are quantified using the best readily available data. Off-site transfers for treatment, disposal, recycling, and energy recovery are documented. Source reduction and waste management data (Section 8) is reported. Calculation methodologies are documented. |
| Supplier notification | If the facility sells or distributes TRI-listed chemicals as part of mixtures, supplier notifications have been provided to purchasers per 40 CFR 372.45. Notifications include the TRI chemical name, CAS number, and percent by weight in the mixture. |
Recordkeeping and Program Management
| Audit Item | Expected Finding / What to Evaluate |
|---|---|
| Record retention | All EPCRA-related records are retained for the required period: Tier II reports and supporting data for at least three years, TRI reports and calculations for at least three years, emergency release notifications and follow-up reports for at least five years. |
| Local agency coordination | Contact information for SERC, LEPC, and local fire department is current. Copies of all submissions are on file. Facility responds to information requests from these agencies within required timeframes. Relationships with local emergency planners are maintained. |
| Staff training and awareness | Personnel responsible for chemical inventory tracking, Tier II reporting, and TRI reporting are trained on applicable requirements. Emergency response personnel know the Section 304 notification procedures. All employees are aware of the facility’s community right-to-know obligations. |
| Annual compliance review | Facility conducts an annual review of EPCRA obligations covering: new chemicals that may trigger reporting, changes in quantities that affect threshold determinations, updates to EPA’s TRI chemical list, and changes in state-specific requirements. Review is documented and any new obligations are addressed before the next reporting deadline. |
Corrective Actions
Common Issues and Responses
- Missing Tier II report: Prepare and submit the Tier II report immediately. Contact the SERC and LEPC to determine if late filing penalties may apply. Implement a calendar system with reminders beginning in January to ensure the March 1 deadline is met each year.
- Incomplete chemical inventory: Conduct a facility-wide chemical inventory survey. Compare on-site chemicals against the EHS list and Tier II reporting thresholds. Update the SDS library. Implement a process for tracking new chemical introductions.
- Unreported release exceeding RQ: If the release occurred recently, notify LEPC, SERC, and NRC immediately. Prepare a follow-up written report. For past unreported releases, consult legal counsel on voluntary disclosure options. Implement spill notification procedures and training.
- TRI applicability not evaluated: Conduct an immediate applicability review. Evaluate SIC/NAICS codes, employee counts, and chemical activity thresholds. If reporting is required, prepare and submit overdue Form R/A reports. Engage a TRI reporting specialist if needed.
- Outdated LEPC/SERC contact information: Contact the state environmental agency to obtain current SERC and LEPC contact information. Update emergency notification procedures and contact lists. Submit any overdue notifications or information updates.
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Download Checklist (.docx)Ecesis EHS Software
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Corrective Actions
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Training Management
Document EPCRA awareness training, Tier II reporting training, and emergency release notification procedure training for all applicable personnel.
