EPA 1480.1
March 13, 1989

TITLE: Emergency Planning and Community-Right-To-Know Compliance with SARA Title III

1. PURPOSE. This Order implements an Emergency Planning And Community Right-
To-Know Program at Environmental Protection Agency (EPA) facilities.

2. AUTHORITY. The Regulations promulgated in 40 CFR Parts 355-370 support the statutory requirements under the Superfund Amendments and Reauthorization Act (SARA) of 1986, Sections 302, 303, 304, 311, 312, and 313.

3. BACKGROUND. In 1986, the U.S. Congress passed the Emergency Planning and Community Right-To-Know Act (SARA Title III) to ensure that we would properly respond to incidents similar to the release the methlisocyanate in Bhopal, India in 1985. The ACT mandates emergency planning efforts at the State and local level and provides residents and local governments with access to information concerning potential chemical hazards present in their communities.

Federal agencies are not required to implement the provisions of SARA Title III because the statutory definition of "person" in Section 329(7) does not include Federal agencies and the sovereign immunity of the United States government is not otherwise waived. However, the EPA believes that all sectors of society, including Federal agencies, must work collectively to identify potential chemical hazards and develop emergency response procedures to cooperatively protect the health and safety of our citizens. In support of the EPA interest, this Order implements the provisions of SARA Title III at EPA facilities.

4. SCOPE. This Order applies to all EPA facilities that use, store, dispose of, or release chemicals identified or listed under the Emergency Planning and Community Right-To-Know Act.

5. RESPONSIBILITIES.

a. Assistant Administrators and Regional Administrators are responsible for ensuring that the provisions of this Order are fully implemented at facilities under their control.

b. The Director of the Environmental Health and Safety Division is responsible for ensuring that technical assistance is provided as necessary to implement this Order.

6. IMPLEMENTATION. This Order shall be implemented consistent with the requirements of the regulations contained in 40 CFR Parts 355-370. Assistant Administrators and Regional Administrators shall develop and implement Emergency Planning and Community-Right_To-Know Programs at facilities under their control. The implementation programs should encompass:

a. reviewing the regulations:

b. determining reporting requirements and submitting the appropriate reports to the appropriate State and local authorities; and

c. developing and implementing a system to monitor compliance.

7. AMENDMENTS PROVISION. Changes in the law or the regulations concerning Emergency Planning and Community-Right-To-Know Programs which occur after the effective date of this Order will automatically come under the purview of this Order on the effective date of the change.

8. EFFECTIVE DATE. Implementation of this Order shall occur within sixty (60) days of the date that it is signed.


signed: Charles L. Grizzle
Assistant Administrator