Enforcement

Criminal Provisions of the Emergency Preparedness and Community Right-To-Know Act (EPCRA)

Elements:

A person who is an owner or operator of a facility
- Knowingly and willfully
  - Fails to Provide Notice as Required by 42 U.S.C. 11004 immediately after the release of a reportable quantity of a hazardous substance or extremely hazardous substance requiring notice from a facility at which a hazardous chemical is produced, used, or stored

Statute: 42 U.S.C. 11045(b)(4)

Penalty:

2 years and/or fines pursuant to 18 U.S.C. 3571.
- Up to 5 years if second or subsequent conviction

Relevant Regulations: 40 C.F.R. 355