Legal Responsibilities

The major legal responsibilities of the Local Emergency Planning Committee (LEPC) are listed as follows. The citations are from the Emergency Planning and Community Right-to-Know Act (EPCRA), Public Law 99-499. Each LEPC:

  • Shall review local emergency management plans once a year, or more frequently as circumstances change in the community or as any facility may require (Section 303(a)).
  • Shall make available each MSDS, chemical list described in Section 311(a)(2) or Tier II report, inventory form, and follow-up emergency notice to the general public, consistent with Section 322, during normal working hours at a location designated by the LEPC (Section 324(a)).
  • Shall establish procedures for receiving and processing requests from the public for information under Section 324, including Tier II information under Section 312. Such procedures shall include the designation of an official to serve as coordinator for information (Section 301(c)).
  • Shall receive from each subject facility the name of a facility representative who will participate in the emergency planning process as a facility emergency coordinator (Section 303(d)).
  • Shall be informed by the community emergency coordinator of hazardous chemical releases reported by owners or operators of covered facilities (Section 304(b)(1)(a)).
  • Shall be given follow-up emergency information as soon as practical after a release, which requires the owner/operator to submit a notice (Section 304(c)).
  • Shall receive from the owner or operator of any facility a MSDS for each such chemical (upon request of the LEPC or fire department), or a list of such chemicals as described (Section 311(a)).
  • Shall, upon request by any person, make available an MSDS to the person in accordance with Section 324 (Section 311(a)).
  • Shall receive from the owner or operator of each facility an emergency and hazardous chemical inventory form (Section 312(a)).
  • Shall respond to a request for Tier II information no later than 45 days after the date of receipt of the request (Section 312(e)).
  • May commence a civil action against an owner or operator of a facility for failure to provide information under Section 303(d) or for failure to submit Tier II information under Section 312(e)(1) (Section 326(a)(2)(B)).