Emergency Planning and Community Right-to-Know

MGKF has advised clients on all aspects of EPCRA compliance, including annual Tier 2 hazardous chemical inventory reporting and Form R reporting for the U.S. Environmental Protection Agency (EPA) Toxic Release Inventory (TRI) database, coordination with local emergency planning committees (LEPCs), and emergency release notifications.  In addition, we assist with the evaluation of emergency release notification requirements under EPCRA section 304 and section 103 of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA). MGKF has counseled clients in the event of spills or other emergencies to determine whether reports to the National Response Center and to local and state agencies are required under law.

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• Represented chemical manufacturing companies in EPA enforcement actions relating to the release of an extremely hazardous chemical from the client's facility, and compliance with TRI Form R reporting. The firm assisted in settling these matters favorably after negotiations with EPA Region 3.
• Assisted a telecommunications company during a multi-media voluntary environmental audit in determining whether Tier 2 reporting violations had occurred at hundreds of facilities nationwide. The evaluation involved complex legal questions and review of the reporting obligations of multiple companies located at the same facility. We worked with the client to return facilities to compliance for prior missing Tier 2 reports, assembled information for LEPC emergency planning submissions, and negotiated a significantly reduced penalty with EPA headquarters as part of a voluntary disclosure under the agency's audit policy. To prevent client noncompliance in the future, MGKF prepared a comprehensive internal guidance document on both general and state-specific EPCRA reporting obligations, and trained client personnel.
• Represented a large auto body manufacturer in a threatened EPA enforcement action involving TRI reporting. MGKF developed an intimate knowledge of the client's manufacturing process, raw material inventory management and tracking, and evaluated the applicability of TRI reporting exemptions for low-threshold compounds. We successfully identified reporting exemptions and obtained EPA's concurrence not to pursue enforcement.
• Successfully defended a chemical company whose accidental chemical release triggered an EPA investigation into the client's EPCRA compliance and release reporting procedures. We helped the client prepare for EPA's on-site inspection and respond to EPA's investigation of the spill event. No penalties were issued and no further enforcement action against the client was taken. Subsequently we enhanced the client’s spill planning, response, and reporting procedures.
• Assisted a manufacturing client in applying TRI Form R thresholds and utilizing mixture calculations that involve concentration ranges straddling the de minimus value to show that no TRI report needed to be submitted.
• Negotiated a favorable settlement with Region 4 EPA on behalf of a manufacturing client that had neglected to submit Form Rs for a number of years.