Skip to main content
U.S. flag

An official website of the United States government

Here’s how you know

Dot gov

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

HTTPS

Secure .gov websites use HTTPS
A lock (LockA locked padlock) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

    • Environmental Topics
    • Air
    • Bed Bugs
    • Cancer
    • Chemicals, Toxics, and Pesticide
    • Emergency Response
    • Environmental Information by Location
    • Health
    • Land, Waste, and Cleanup
    • Lead
    • Mold
    • Radon
    • Research
    • Science Topics
    • Water Topics
    • A-Z Topic Index
    • Laws & Regulations
    • By Business Sector
    • By Topic
    • Compliance
    • Enforcement
    • Laws and Executive Orders
    • Regulations
    • Report a Violation
    • Environmental Violations
    • Fraud, Waste or Abuse
    • About EPA
    • Our Mission and What We Do
    • Headquarters Offices
    • Regional Offices
    • Labs and Research Centers
    • Planning, Budget, and Results
    • Organization Chart
    • EPA History

Breadcrumb

  1. Home
  2. Emergency Planning and Community Right-to-Know Act (EPCRA)

Change of ownership and responsibility for Tier II reporting

A facility changed ownership during the third quarter of the 1990 calendar year.  Which owner/operator is responsible for the submission of Section 312 Tier II form for the calendar year 1990?

Both owners and operators have responsibility for reporting under Section 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA).  While it is not required under Sections 311 and 312, it would further the purposes of EPCRA if owners and operators informed the State or Tribal Emergency Response Commission (SERC or TERC) about the change in ownership of a facility. Specifically, 40 CFR 355.20 requires that the owner or operator of a facility subject to Sections 302 and 303 inform the Local or Tribal Emergency Planning Committee (LEPC or TEPC) within 30 days of any change that occurred that is relevant to emergency planning. Also, the SERC/TERC should be consulted to determine if two separate reports, one for each period of ownership, are preferred to be filed, or if one combined report capturing all information for the entire year is more desirable.

Parties may wish to address who will report and the provisions of necessary records in the purchase agreement.  Of course, a person who is liable for reporting cannot shed his liability through any private arrangement such as a purchase agreement.

Emergency Planning and Community Right-to-Know Act (EPCRA)

  • About EPCRA
    • Statute and Regulations
    • Frequent Questions
    • Guidance
    • Training Resources
    • Newsletter
  • Emergency Planning
    • State Emergency Response Commissions
    • Local Emergency Planning Committees
  • Emergency Release Notifications
    • CERCLA Notifications
    • EPCRA Notifications
    • Continuous Release Reporting
    • Animal Waste Air Emissions
  • Hazardous Chemical Inventory Reporting
    • State Reporting Requirements
    • Tier II Forms
    • Tier2 Submit Software
  • EPCRA Trade Secrets
  • EPCRA Site Map
Contact Us about the Emergency Planning and Community Right-to-Know Act (EPCRA)
Contact Us to ask a question, provide feedback, or report a problem.
Last updated on April 18, 2025
  • Assistance
  • Spanish
  • Arabic
  • Chinese (simplified)
  • Chinese (traditional)
  • French
  • Haitian Creole
  • Korean
  • Portuguese
  • Russian
  • Tagalog
  • Vietnamese
United States Environmental Protection Agency

Discover.

  • Accessibility Statement
  • Budget & Performance
  • Contracting
  • EPA www Web Snapshot
  • Grants
  • No FEAR Act Data
  • Plain Writing
  • Privacy
  • Privacy and Security Notice

Connect.

  • Data
  • Inspector General
  • Jobs
  • Newsroom
  • Regulations.gov
  • Subscribe
  • USA.gov
  • White House

Ask.

  • Contact EPA
  • EPA Disclaimers
  • Hotlines
  • FOIA Requests
  • Frequent Questions
  • Site Feedback

Follow.