|Emergency Planning and
Community Right-to-Know Act
Program Manager Contact Information:
EPCRA Program Manager | 252-466-3631
The Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986, also known as Title III of the Superfund Amendments and Reauthorization Act, established 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 EPCRA program is designed to increase the public’s knowledge and access to information on chemicals at individual facilities, their uses, and releases into the environment.
On 3 August 1993, Executive Order (EO) 12856, Federal Compliance with Right-to-Know Laws and Pollution Prevention Requirements, was signed by the President, requiring Federal agencies to comply with the provisions of EPCRA. Under this EO, Federal facilities must adhere to the same planning and reporting provisions of EPCRA that cover private sector facilities. The EO further required facilities to establish a plan and goals for eliminating or reducing unnecessary acquisitions or products containing extremely hazardous substances (EHSs) and/or toxic chemicals and to make such strategies, plans, and reports accessible to the public.
Additional EPCRA-related EOs have been issued since EO 12856 was initially promulgated. Currently, Federal facilities are complying with EPCRA at the direction of HQMC.
Marine Corps Air Station (MCAS) Cherry Point consists of a main facility that includes an active air station and the Fleet Readiness Center–East (FRC-E), plus five outlying areas (i.e., Marine Corps Auxiliary Landing Field Bogue, Marine Corps Outlying Field Atlantic, Bombing Target-9 (BT-9) Brandt Island, Oak Grove, and Bombing Target Range (BT)-11 Piney Island) that are defined as subject to EPCRA reporting requirements.
It is Marine Corps policy that all Marine Corps installations and activities comply with all applicable environmental requirements, which may include Federal, state, local, DoD, DON, Marine Corps, and MCAS Cherry Point rules, regulations, and requirements. Legal and other environmental requirements related to the EPCRA Program are maintained on the EM Portal.
A complete description of EPCRA Program responsibilities is available on the EM Portal. Major components of the EPCRA Program include compliance with applicable sections of EPCRA:
• EPCRA Section 301 concerns the identification of facilities subject to EPCRA requirements and the establishment of the system of communication between the facilities and the local community.
• Section 302 requires an emergency planning notification be submitted to the Local Emergency Planning Committee (LEPC) and the State Emergency Response Commission (SERC) if any EHS is present at the facility in an amount equal to or greater than the threshold planning quantity (TPQ). The facility is also required to notify the LEPC and SERC of any changes at the facility, such as a new EHS in excess of the TPQ or a change in the identity of or contact information for the Facility Emergency Coordinator, within 30 days of when the facility becomes aware of the change.
• EPCRA Section 303 requires development of an emergency response plan for the community to respond to chemical accidents at facilities subject to EPCRA.
• This EPCRA section requires notification of any release of any EHS or CERCLA hazardous substance in an amount equal to or greater than the established reportable quantity. The notification requirement only covers releases that have the potential to affect persons beyond the boundaries of the facility.
• EPCRA Section 311 requires a one-time submittal, with updates required as needed, to the LEPC, SERC, and Fire Department (FD) of safety data sheets for all reportable hazardous chemicals (HC) on-site or a list of reportable HC grouped by hazard category. The facility also has a requirement to notify the LEPC, SERC, and FD within 15 days of significant new information being identified (e.g., a new hazard category or hazardous chemical).
Section 312 (Tier II Reporting)
• EPCRA Section 312 requires an annual submittal to the LEPC, SERC, and local FD of HC inventory forms for all HC stored in quantities in excess of 10,000 pounds or the EHS threshold. The form must be submitted on or before 1 March of every year.
Section 313 (Form R Reporting)
• EPCRA Section 313 requires certain facilities to complete a TRI Form annually for all toxic chemicals that exceed a usage threshold. The form must be submitted to EPA and the state on or before 1 July every year.
The Environmental Affairs Officer and the EPCRA Program Manager must work closely with the Public Affairs Office (PAO) when communicating information to the public about any chemical release or EPCRA compliance report.
The risk of negative environmental impacts from MCAS Cherry Point operations may be assessed by analyzing the practices that occur at the facility. Aspects are the characteristics of these practices that can cause an impact to the environment or other resource. It is Marine Corps policy that all Marine Corps installations identify and assess the environmental risk of the practices and aspects associated with each environmental program. Significant practices and aspects associated with this program include:
• There are no significant practices and aspects associated with this program.
Objectives and targets are developed in order to minimize the environmental risks posed by the facility’s practices and to track progress towards achieving environmental goals. Objectives and targets related to the EPCRA Program and their associated actions to improve performance are maintained on the EM Portal.
The EPCRA Program complies with Federal reporting requirements. Annual data is submitted to the appropriate local government authority and the Environmental Protection Agency (EPA) and reviewed for compliance as appropriate. In addition, the annual data is provided to Headquarters Marine Corps (HQMC) for compilation and review. The EPCRA Program Manager is responsible for addressing any questions or comments provided by the local government authority, the EPA, and/or HQMC.