Traditionally, emergency planning and the regulation of public nuisances have been functions of local and state governments. The role of the federal government has been limited to planning for national and regional calamities, in areas other than hazardous chemical accidents, and the direct regulation of industry. The federal government has also been involved in responding to such calamities, including chemical accidents and post-accident cleanup. The Emergency Planning and Community Right-to-Know Act (EPCRA),¹ enacted on October 17, 1986, is a significant first step toward a major federal role in areas previously regulated by state and local governments.

EPCRA represents a step in the evolution of federal law regarding the control of toxic substances and planning for emergencies caused by releases of those substances. In the 1970s, the federal government addressed the regulation of pesticides,² the orderly handling and disposal of solid and hazardous substances,³ and regulation of the production of toxic substances.⁴ In 1980, Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), which specifically addressed emergency situations created by releases and threatened releases of hazardous substances.⁵ CERCLA also addressed the closure of abandoned hazardous waste facilities and the effects of those facilities on local communities.