In April 2023, EPA published a report on the first survey conducted of the State Emergency Response Commissions. The purpose of the survey was to learn how the Emergency Planning and Community Right-to-Know Act is currently implemented at the state and local levels, as required by the 1986 legislation, as well as its amendments of certain provisions in 2018.
State Emergency Response Commissions are responsible for implementing the EPCRA provisions in each state and territory. The agency conducted this survey to gather information on current practices, challenges, and gaps, including successes and best practices in implementing EPCRA. Additionally, the EPA asked the states to provide information on their local emergency planning committees and whether their planning districts have developed or updated response plans to address potential chemical accidents.
Note: The agency received responses from 50 states and two territories. A few states omitted responses to some of the questions; however, the report includes an analysis of responses to all 86 questions in the survey.
Under EPCRA Section 303, LEPCs are required to develop an emergency response plan for their community. The survey results show that:
- 442 LEPCs have developed a free-standing EPCRA emergency response plan (11.7%);
- 1,844 LEPCs have developed or participated in the development of an all-hazards plan (48.7%), which should incorporate chemical hazards under EPCRA; and
- 615 LEPCs (16.2%) have indicated some other type of emergency plan (e.g., local EOP; ESF-10).
- One hundred and eleven LEPCs (2.9%) have reported having both an EPCRA free-standing plan and an all-hazards plan.
However, the survey responses indicate that
- 327 LEPCs (communities) (8.6%) do not have any type of emergency response plan, either an EPCRA standalone plan, an all-hazards plan, or other type of plan.
- Additionally, there were 451 LEPCs (11.9%) that had an unknown emergency response plan based on survey responses.
The Agency does not have comparative data to determine if LEPCs are trending towards including EPCRA emergency planning as part of their all-hazards planning.