How would you know if there was a dangerous chemical that a company uses or stores in your community? How would you know if you live next to a toxic time bomb? How would you know whether the government is ready and capable of responding to a release of a toxic cloud coming from a local factory?

Under federal law, you are supposed to know. The law is called the Emergency Planning and Community Right to Know Act (EPCRA). It was passed in response to concerns regarding toxic hazards posed by the storage and use of dangerous chemicals, perhaps particularly in the midst of residential communities. The concerns were heightened by what happened in Bhopal, India when 2,000 people either died or suffered serious injury following a release of a toxic substance from a chemical plant.

EPCRA establishes requirements for federal, state and local government as well as Indian tribes and industry regarding emergency planning and recording of hazardous and toxic chemicals. The purpose of the law is to increase public knowledge and access to information concerning the use and storage of dangerous chemicals.

There are four components to EPCRA. They are the emergency planning section, the emergency release notification, the hazardous chemical storage reporting requirement and the toxic chemical release inventory.

The emergency planning section is designed to help communities prepare for and respond to emergencies that involve hazardous materials. Under federal law, every community has to participate in this program.

Published: August 21, 2003

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Stuart Lieberman, Esq. writes about environmental issues. He was a New Jersey Deputy Attorney General assigned to the State Department of Environmental Protection from 1986 to 1990. Currently he is a shareholder in the environmental law firm of Lieberman & Blecher, P.C., located in Princeton, New Jersey. Stuart can be reached at slieberman@liebermanblecher.com.