Reporting Requirements

In 1986, the federal Emergency Planning and Community Right-to-Know Act (EPCRA) was passed. In 1991, the State of Delaware passed its own Emergency Planning and Community Right-to-Know Act which built upon the federal law and created a funding mechanism for for emergency planning activities. Through these laws, a series of reporting requirements were established covering large industrial sites, as well as small businesses.

Learn more about about the EPCRA reporting requirements, and whether your business is covered, below.

This summary is to provide an introduction to EPCRA related responsibilities for Delaware businesses but does not attempt to fully explain all aspects of the applicable laws and regulations; the actual Federal and State regulations must be consulted for complete information. Compliance with this summary will not be a defense to a violation of the laws or regulations.

Facilities with extremely hazardous materials above certain threshold levels are required to provide initial information to the EPCRA reporting program and to local emergency planners. Facilities identify important contact information and provide for planning and coordination.

In addition to release notification requirements under EPCRA Section 304, Delaware has it’s own release reporting regulation, Reporting of a Discharge of a Pollutant or an Air Contaminant (7 DE Admin. Code 1203). Since this regulation is established in Delaware’s state code under 7 Del. Code § 6028, it is sometimes referred to as “Regulation 6028.” However, this regulation is formally listed in the Delaware Administrative Code as Regulation 1203. The requirements under Regulation 1203 are not identical to those of EPCRA Section 304. For example, the lists of substances and the reportable quantities are not exactly the same. Both regulations must be consulted.

The reporting requirements under sections 311 (Safety Data Sheets) and 312 (Annual Hazardous Chemical Inventory) are similar. They cover the same chemicals, facilities, and thresholds. And they both use the Tier II ManagerTM system.

The lists of chemicals and the Safety Data Sheets required under Section 311 are submitted upon initiation and must be updated when there are changes.

Tier II reporting is due by March 1 and cover the previous calendar year.

The Section 313 reporting requirement, known as the Toxics Release Inventory (TRI), covers mostly larger facilities and those handling specific hazardous chemicals.

TRI reports are due by July 1 and cover the previous calendar year.