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| Back to LEPC home | SARA Title III:The Emergency Planning and Community Right-to-Know Act (EPCRA) |
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SARA Title III establishes requirements for Federal, State and local governments,
Indian Tribes, and industry regarding emergency planning and “Community
Right-to-Know” reporting on hazardous and toxic chemicals. The Community
Right-to-Know provisions help increase the public’s knowledge and
access to information on chemicals at individual facilities, their uses,
and releases into the environment. States and communities, working with
facilities, can use the information to improve chemical safety and protect
public health and the environment.
Background
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) was enacted by Congress in 1980 to clean up the nation's hazardous waste sites and to provide for emergency response to releases of hazardous substances into the environment. CERCLA is also called Superfund, and the hazardous waste sites are known as Superfund sites. In response to continuing community concern regarding hazardous materials and chemical release tragedies, a reauthorization and expansion of Superfund was signed into law in 1986. It is known as the Superfund Amendments and Reauthorization Act (SARA). Title III of SARA (“SARA Title III”) is the Emergency Planning and Community Right-To-Know Act (EPCRA). State AgenciesSARA Title III is a federal act that is implemented in Kentucky under an Executive Order from the Governor. In accordance with the act, the Governor established a Kentucky Emergency Response Commission (KERC). The Kentucky Division of Emergency Management oversees the emergency planning requirements in SARA Title III.
Federal Agencies
The U.S. Environmental Protection Agency (EPA) enforces SARA Title III. The regulations implementing SARA Title III are codified in Title 40 of the Code of Federal Regulations, parts 350 through 372. Local AgenciesSARA Title III requires that the SERC establish Local Emergency Planning Committees (LEPCs). There are 120 LEPCs in Kentucky– one for each of the 120 counties. What Does SARA Title III Cover?
SARA Title III has four major components: · Emergency planning (Sections 302 & 303) · Emergency release notification (Section 304) · Hazardous chemical inventory (Sections 311 & 312) · Toxic chemical release inventory (Section 313)
The chemicals covered by each of the sections are different, as are the quantities that trigger reporting |
Facility Plan RequirementsSection 302(c), KRS 39E.130
Facilities subject to the planning requirements must notify the Kentucky Emergency Response Commission, the Local Emergency Planning Committee (LEPC) and the Fire Department with jurisdiction that they are subject to the planning provisions. Facilities must notify the LEPC of the facility emergency coordinator who will work with the local committee and who shall provide information necessary to the development of those plans.
Annual review is required by March 1. If you have an approved plan, please review that plan. Do not develop another plan. FORMSSARA TITLE III Plan Guidance (MSWord, 78k)
SARA TITLE III Plan Checklist (MSWord, 61k)
Tab Q-7 Facility Plan Format (MSWord, 47k)
SARA TITLE III Plan Certification Sample (MSWord,20k) |
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