Local Emergency Planning Committee

(LEPC)

LEPC’s are a product of federal legislation that was passed in the wake of the Bhopal disaster in India, where thousands of people died because of an accident involving hazardous materials. To prevent similar occurrences in our communities, Congress passed the Superfund Amendments and Reauthorization Act (SARA) in October of 1986. SARA establishes requirements for businesses and for federal, state and local governments regarding emergency planning and the community right to know.

The Emergency Planning and Community Right to Know Act (EPCRA) allows citizens and emergency responders the Right to Know which chemicals exist within their communities. It mandates planning for chemical emergencies and establishes a chain of command to assure that the requirements set forth in SARA are met. EPCRA allows the public to review the businesses that have chemicals within the county. The community member may set up an appointment to review the SARA Tier II records. If a business is not required to submit the information on a yearly basis, the community member can request that a business submit a special Tier II report. LEPC’s are responsible for making and having a plan for response to chemical emergencies. All plans must be reviewed and updated yearly by the LEPC and State Emergency Response Commission (SERC).

EPCRA has three subtitles as follows:

• Subtitle A - Emergency Planning and Notification: This establishes mechanisms and requirements for facilities and the states where they are located to prepare for and respond to unplanned hazardous substances releases.
• Subtitle B - Reporting Requirements: This requires reporting of the chemical substances used by a facility or in their inventory that are deemed hazardous with maintenance of a Materials Safety Data Sheet being mandated under the hazard communication regulations of the Occupational Safety and Health Administration. Another reporting provision requires facilities to report emissions or environmental releases to EPA and the state where located on an annual basis, of specifically listed toxic chemicals that the facility manufactures, processes, uses, or otherwise handles in excess of specified threshold quantities. This information is then placed into the Toxics Release Inventory, a publicly-accessible data bank.
• Subtitle C - General Provisions: A variety of provisions are included here. Among them are the civil, criminal, and administrative penalties associated with violations of the reporting requirements, restrictions on a facility owner/operator claiming ability to make trade-secrecy claims or confidential business information claims in connection with reporting, and the civil, criminal, and administrative penalties for reporting requirement violations. The statute also indicates that EPA, the states, private citizens, and emergency planning and response personnel can initiate enforcement actions

LEPC's Provide a Common Link

LEPC’s provide a common link between citizens, industry and the government.

The role of an LEPC is to form a partnership between local governments and industries as a resource for enhancing hazardous materials preparedness and response planning.

Membership represents the following entities:

• County Elected Official;
• Municipal Elected Official;
• Dept. of Emergency Services;
• Emergency Medical Services;
• Tactical Response Team;
• Fire Department;
• Community Services, Transportation Division;
• State Highway Administration;
• Sheriff’s Office;
• Maryland State Police Barrack “H”;
• Health Department;
• Civista Medical Center;
• Indian Head Naval Base;
• Local Environmental Group;
• Representatives of facilities that are subject to the requirements of EPCRA:
• Other representatives as deemed appropriate by the Chairman;
• Local broadcast media representatives ; and
• Local print media representatives.

The Charles County Local Emergency Planning Committee performs the following tasks:

• Develops and keeps current the Chemical Emergency Response and Preparedness Plan (CERPP). The CERPP includes the appropriate response and recovery actions to prepare for, prevent, minimize, or mitigate a threat to the public health and welfare of the environment caused by an actual or potential chemical, oil, or other hazardous material incident.

• Collects and maintains hazardous chemical inventory reports from facilities subject to the Emergency Planning Community Right -to-Know Act (EPCRA) that is part of SARA.

• Receive information about accidental releases of hazardous chemicals and ensure that emergency response plans are followed by the responsible party when responding to such releases.

• Provide citizens and local government with information about hazardous chemicals and accidental releases of chemical in their communities.

LEPC Frequently Asked Questions

Who has to do Tier II Reporting?

Every facility that maintains over 10,000 pounds of a hazardous substance on site at any one time must file a Tier II Report Yearly.  Tier II reports include name, amount stored, health risks, storage location and other information about storage of chemical(s). The reports are then sent to the SERC, LEPC and local Fire Departments.  These reports are due by March 1 of every year.
Facilities are also responsible for reporting any release of a chemical within 2 hours of the incident.  They must report this to the Maryland Department of Environment. At federal levels, reportable releases are if release enters a waterway, or when the reportable quantity is reached.

How can the public review EPCRA information?

The public may request to view Tier II reports and the Chemical Emergency Response and Preparedness Plan by calling 301-609-3429 to set up an appointment.

When are the LEPC meetings held?

LEPC meetings are open to the public. To attend an LEPC meeting, please call 301-609-3429 to find out when the next meeting is and to RSVP.

What are farmer’s responsibilities under SARA Title III?

Farm facilities are not required to develop emergency response plans for their facilities under the current requirements of SARA Title III.   However, they may be required by their insurance company or other OSHA regulations.  Sara Title III, Section 304, covers emergency notification requirements when there is a release into the environment of any Hazardous or Extremely Hazardous Substance (EHS) over the designated Reportable Quantity (RQ).   If there is any danger of off site exposure YOU MUST REPORT THE INCIDENT.

If a fire should occur in an on site farm or co-op storage containing EHS or hazardous chemicals, it can be reportable under Section 304.  It is wise to submit a site plan to notify emergency responders of storage locations.  If a storage area is involved in a fire, expect the firefighters to allow this fire to burn as hot as possible to consume the stored materials.  Notification of storage areas can eliminate any "guess work" by emergency responders and assist in fire suppression activities.

Under SARA Title III, Section 311 and 312, Chemical Inventory Reporting, any chemical used in routine agricultural activities is exempt from reporting. If any inventory is maintained for non-agricultural uses, over the designated TPQ or 10,000 pounds, it must be reported to the Maryland Department of the Environment, the Charles County Local Emergency Planning Committee and the local fire department who responds to your facility.