A partnership of Community, Government, Business & Industry to make our environment chemically safe.

PAGE INDEX Business Government LEPC Public Back to Main EPCRA Page

Business

The Virginia regulated community subject to reporting under SARA Title III/EPCRA has responsibilities for:

Section 302 - Emergency Planning

Section 304 - Emergency Notification

Section 311 - Community "Right-to-Know" Reporting/the Material Safety Data Sheets (MSDSs)

Section 312 - Community "Right-to-Know" reporting/the Emergency and Hazardous Chemical Inventory forms (Tier I and Tier II Forms)

Section 313 - Toxic Chemical Release Reporting

Section 322 - Trade Secrets

Section 325 - Enforcement

Return to Top of Page

Government

The federal government, through the U.S. Environmental Protection Agency, provides national leadership and assistance to states and to localities enabling them to implement programs, to receive, process and analyze the SARA Title III/EPCRA data, and to serve their state/local communities.

U.S. EPA strives to assure that industry complies with the law's requirements and encourages the regulated community of businesses to seek voluntary reductions in the use of hazardous chemicals as well as voluntary reductions of toxics to the air, land or water. This agency promotes public access to information concerning the annual toxic chemical releases reported by industry and advances the "Community Right-to-Know" activities of State Emergency Response Commissions (SERCs) and of the Local Emergency Planning Committees (LEPCs) that they serve, as well as addressing the concerns of the public about the impact of chemical releases to public health and to the environment.

Local governments and states also have specific important responsibilities for emergency planning, emergency preparedness, and for emergency response to chemical releases.

The State Emergency Response Commission acts as a clearinghouse of information for state and local government, for the regulated community, for the public, and for citizen, environmental or special-interest groups. The SERC is a user-friendly, accessible, open archive of information concerning SARA Title III/EPCRA reporting by that state's regulated community.

This information and leadership activity includes:

• Planing for chemical emergencies
• Accepting emergency notifications of chemical accidents and releases
• Receiving/maintaining databases of reports of hazardous chemical inventories
• Receiving, processing, and analyzing toxic chemical release reporting
• Providing training and community outreach to local governments, the regulated community, and the public

The SARA Title III Program receives, processes and analyzes all of the SARA Title III/EPCRA reporting data for Virginia from the regulated community of Virginia business and industry, and this office is the state point-of-contact for all "Community Right-to-Know" information requests.

Local Emergency Planning Committees (LEPCs) are the local government planning and preparedness component of the SARA Title III/Emergency Planning and Community Right-to-Know Act.

Return to Top of Page

Local Emergency Planning Commission (LEPC)

A LEPC is broadly representative of the community and must include members from each of five constituent groups:

1. elected state and local officials
2. law enforcement officials, civil defense workers, and firefighters
3. first aid, health, hospital, environmental, and transportation workers
4. representatives of community groups and the news media
5. owners and operators of industrial facilities including other businesses using, storing, processing, or distributing chemicals.

As the focal point for local emergency response planning for chemical releases, the LEPC has the following responsibilities:

• To appoint all committee members including the specific designation of a chairperson, a community information coordinator, and a community emergency coordinator
• To prepare and distribute a comprehensive emergency response plan for chemical emergencies within the LEPC's district
• To review this plan once a year or more often as circumstances in the community or at facilities may require
• To evaluate the resources necessary to develop, to implement, and to exercise the LEPC's emergency plan and make recommendations concerning additional resources required by the community including the means for obtaining/providing them
• To provide for public participation in these local emergency planning and preparedness activities through public notification/advertisement of the regular meetings of the LEPC, and in particular, the annual public meeting to discuss the locality's existing chemical emergency response plans; this includes rules for public comment, committee response, and availability and distribution of the emergency plan
• To establish procedures for receiving and processing requests from the public for: Material Safety Data Sheets (MSDSs), lists of MSDS chemicals, and Tier I/Tier II hazardous chemical inventory forms and written follow-up emergency release notices
• To annually publish a notice in the local newspapers that the emergency response plan, MSDSs, lists of MSDS chemicals, Tier I/Tier II forms, and written follow-up emergency release notices have been submitted and are available to the general public for review during normal working hours at the location(s) designated by the LEPC.

Each LEPC is responsible for receiving EPCRA information reported by their community's regulated community and as a result of reviewing that data, developing a plan to prepare for and respond to local chemical release emergencies.

Return to Top of Page

The Public

The public has an important role to play concerning SARA Title III/EPCRA.

SARA Title III/EPCRA was intended to increase the public's knowledge of and access to information about the presence of hazardous chemicals in their local communities, including chemical releases to the land, air and water.

There are provisions specific to SARA Title III/EPCRA designed to give greater power, not just more information or participation in decision-making to local governments, public interest groups and even individual citizens.

In particular, citizens have the right to bring civil action against a facility - or even the Administrator of the U.S. EPA, a State Governor or State Emergency Response Commission (SERC) for non-compliance with SARA Title III/EPCRA (Section 326 - Civil Action). Thus, any person has the authority to file a civil action in the U.S. District Court against owners or operators of facilities (e.g. for failures to submit Section 304(c) follow-up reports, failures to submit MSDSs or MSDS lists under Section 311, failure to submit required Section 312 forms (Tier I/Tier II), and Section 313 Toxic Chemical Release (TRI) forms). Moreover, citizens can bring suit against the federal and/or state authorities for not properly discharging their duties under SARA Title III/EPCRA, as well.

Of course, citizens may also act through their state government (the SERC) and/or local government (the LEPC) to obtain redress; any State or local government may take civil action against an owner or operator of a facility for failure to report under applicable sections of SARA Title III/EPCRA (e.g. Section 302, failure to provide notification for emergency planning, etc.).

Return to Top of Page