EPCRA Section 302: refers to the presence, at any one time, of an extremely hazardous substance (EHS) in excess of a threshold planning quantity (TPQ) as listed in SARA Title III “List of Lists.”
EPCRA Section 304: refers to an emergency release of certain toxic chemicals above the reportable quantity (RQ). Section 304 applies if the facility has a release of a toxic chemical above the EHS RQ and/or the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) RQ. Both the EHS RQ and CERCLA RQ lists must be reviewed to see if any chemicals at the facility are covered under EPCRA §304. Both lists can be found in EPA’s SARA Title III “List of Lists
EPCRA Sections 311 and 312: refers to the presence, at any one time, of a chemical that is required to have a Material Safety Data Sheet (MSDS) by the Occupational Safety and Health Administration (OSHA) Hazard Communication Standard (HCS). A facility must comply with EPCRA 311-312 if it stores any chemical:
- that is required by the OSHA HCS to maintain a material safety data sheet (MSDS); and
- in a quantity that exceeds 10,000 lbs at any one time during the year.
A facility is also required to comply with EPCRA 311-312 if it stores any chemical:
- that is an extremely hazardous substance (EHS) as defined on the Section 302 of SARA Title III “Lists of Lists”; and
- the EHS amount stored is greater than or equal to 500 pounds or the Threshold Planning Quantity (TPQ) listed in the “List of Lists” whichever is lower.
EPCRA Section 313, also known as Toxic Release Inventory (TRI): refers to the release (routine or accidental) of certain toxic chemicals that are manufactured, processed, or otherwise used in a calendar year. Section 313 EPCRA applies if the facility:
- has 10 or more full-time employees
- is included in a list of Standard Industrial Classification (SIC) codes2 or is a federal facility, and
- manufactures or processes >= 25,000 lbs/year or otherwise uses >= 10,000 lbs/year of a listed chemical.
To determine whether a chemical is listed under §313 EPCRA, look in EPA’s SARA Title III “List of Lists