If your industrial facility submits an annual Tier II report, this may be a question you have.  Cornerstone has noticed an increase in the number of inquiries coming from our clients regarding their Local Emergency Planning Committee (LEPC).  Facility personnel want to understand why the committees require such detailed information regarding their operations. The federal Emergency Planning and Community Right-to-Know Act (EPCRA) was enacted in 1987 and is administered by the U.S. EPA.  It includes a requirement for annual reporting when storing hazardous materials on-site in excess of threshold amounts.  In most states, this is referred to as the Tier II report and is submitted to the State Emergency Response Commission (SERC), LEPC, and local fire department.

What are the reporting requirements?

Included on the Tier II reports are any Extremely Hazardous Substances (EHS) that are present on-site in excess of Threshold Planning Quantities (TPQ) or 500 pounds (whichever is lower).  EPA lists all EHSs and their corresponding TPQs at 40 CFR part 355, Appendices A and B (see the link below).  When the amount of an EHS chemical at a facility exceeds its TPQ, there are additional requirements associated with emergency response planning for both the LEPC and the facility. As an example of a chemical commonly found at industrial facilities, sulfuric acid is a listed EHS with a TPQ of 1,000 pounds.  If a facility has at least 500 pounds of sulfuric acid on-site but less than 1,000 pounds, they are subject to the Tier II reporting requirement only; however, if the amount is equal to or greater than 1,000 pounds, there is an additional requirement associated with emergency planning.  This is when the LEPC gets involved!

What do the LEPCs do with the information?

Under EPCRA, the local committees are required to develop emergency response plans to manage potentially dangerous situations associated with any of these hazardous substances.  The plans are then approved by the State Emergency Response Commission (SERC).   Plans must emphasize a coordinated response by all local emergency response organizations, such as fire departments, police stations, and hospitals.  For this reason, LEPCs may contact a facility to obtain additional information regarding the chemicals stored on-site.

What should I do if my LEPC contacts me?

If contacted by the LEPC, a covered facility must provide any information necessary for the development or implementation of an emergency response plan.  The company must designate a facility emergency response coordinator who will participate in the planning process and provide information to the LEPC that assists with hazard identification and risk analysis. Information an LEPC may request includes:

• Transportation routes of EHSs to and from your facility
• Description of emergency response procedures
• Description of emergency notification procedures
• Emergency response equipment available at the facility
• Evacuation plans
• Emergency responders at the facility and their level of training
• Description/timing of emergency response exercises conducted at the facility

  Some states now require that this information is provided or updated as part of the annual Tier II report.  In other instances, the LEPCs are contacting facilities directly for the information needed to develop their plans. In most states, a facility also is required to make a notification to the SERC, LEPC, and local fire department within 60 days of a new or increased  EHS chemical being used or stored onsite in excess of its  TPQ; waiting until the next Tier II reporting period is not acceptable.

This is important!

LEPCs perform an important role and it is critical that facilities managing hazardous chemicals cooperate with their LEPC in providing the information needed to develop accurate emergency response plans.  These plans help keep emergency responders and our communities safe during crisis situations involving hazardous chemicals!

How can Cornerstone help?

Cornerstone reviews changes in materials and inventory quantities in our clients’ FOUNDATIONs regularly to ensure that any required hazardous chemical notifications are made promptly.  Additionally, we assist our clients in providing requested information to their LEPCs. To view EPA’s list of Extremely Hazardous Chemicals and the associated TPQ for each, click here.