Department of Veterans Affairs
VHA DIRECTIVE 99-011
Veterans Health Administration
Washington, DC 20420
March 25, 1999
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW PROGRAM
1. PURPOSE: The Department of Veterans Affairs (VA) is required by the Environmental Protection
Agency (EPA) to participate in an Emergency Planning and Community Right-to-Know Program. This
Directive provides information and direction for the implementation of such a program at Veterans
Health Administration (VHA) facilities.
2. BACKGROUND
a. The Emergency Planning and Community Right-to-Know Act (EPCRA) is a separate, free-
standing law included as Title III to the Superfund Amendments and Reauthorization Act of 1986
(SARA). This Act was passed by Congress in response to concerns raised by the disaster in Bhopal,
India, in which thousands were killed or injured as a result of the release of a toxic gas from a nearby
industrial facility. The Act provides for adequate response should the release of hazardous materials
occur. It further mandates emergency planning efforts at state and local levels and provides residents
and local governments with access to information concerning potential chemical hazards and emissions
present in their communities.
b. When SARA Title III was passed in 1986, Federal agencies and activities were not required to
comply. However, as a result of the Federal Facilities Compliance Act of 1992, and Executive Order
12856 of 1993, all Federal agencies and facilities are required to comply with the provisions of SARA
Title III, state and local environmental regulations, and actively participate in emergency planning
activities. EPCRA is unique among Federal environmental laws in that Congress specifically requires
state and local government organizations to administer the majority of the law by receiving reports and
notifications, planning for chemical emergencies, and providing the public with access to submitted
information.
c. The basic purposes of SARA Title III are to promote emergency planning to respond to chemical
releases and to ensure that information regarding chemicals in the community is available to the public
and emergency planning agencies. These are accomplished by:
(1) Establishing State Emergency Response Commissions (SERCs) and Local Emergency Planning
Committees (LEPCs) with responsibility to develop emergency plans to be followed in the event of an
emergency chemical release.
(2) Implementing a series of notification and reporting requirements to state and local emergency
planning activities with respect to type and quantities of specific chemicals.
(3) Promoting the development of local response plans and procedures in the event of an emergency
chemical release.
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