The Origins of EPCRA and Tier IIs

Published On: January 22, 2025

The Emergency Planning and Community Right-to-Know Act (EPCRA) acts as the guide for Tier II reporting season at the start of each new year. Enacted by Congress in 1986 due to environmental concerns over the handling and storage of toxic chemicals, EPCRA was signed into law by President Reagan and has since played a critical role in emergency response preparedness. Its purpose is to provide the public with access to essential chemical information, enhance chemical safety, and protect the environment.

EPCRA emerged as a result of two major industrial accidents:

Bhopal, India
Union Carbide, a pesticide plant in a village near Bhopal, experienced a major gas leak. Approximately 30 tons of toxic methyl isocyanate (MIC) gas escaped into the air due to multiple safety system failures. Despite the plant not being operational, the tank exploded due to a sudden onslaught of water into the tank, a result of rusted pipe and ineffective stopcocks. There was a vent gas scrubber that was turned off, a water curtain that did not reach the leaking gas, a freon refrigeration system that was shut down, and a flare tower that was inoperable due to maintenance. The gas leak, exacerbated by inoperative safety measures, exposed half a million people to the deadly gas, resulting in up to 22,000 deaths and over 150,000 injuries. Unfortunately, the site remains contaminated, with groundwater showing high levels of toxic substances like mercury and trichloroethene.

Institute, West Virginia
Union Carbide was also involved in another incident, a release of aldicarb oxime, a chemical derived from MIC. This event hospitalized 130 people with symptoms such as vomiting and breathing difficulties, and was again due to failures in safety measures.

Public concern about chemical safety grew after these incidents, ultimately leading to the creation of EPCRA. Tier II reports are vital for protecting human health and well-being.

To prepare for the March 1st reporting deadline each year, it’s important to use proactive reporting strategies. If you’re uncertain where to begin, you can contact August Mack to connect with one of our dedicated environmental health and safety professionals who can help ensure your facility meets its chemical reporting requirements.

 

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