To provide an efficient means of operation, the Jefferson County Local Emergency
Planning Committee (LEPC) has established the following set of By-Laws and Procedures
by which to operate. These By-Laws and Procedures address a variety of issues
and requirements including meeting formats, membership, agendas, public notification
activities, receiving and responding to public comment, distribution of emergency
plans, and requests for information under the Emergency Planning and Community
Right-to-Know Act of 1986.
CHANGES TO THE BY-LAWS AND PROCEDURES
The By-Laws may only be changed by a two-thirds majority vote of the LEPC membership
following a three-month review of the proposed change(s) by all the members of the
LEPC. The procedures may be changed by a majority vote of the LEPC members present
at a regularly scheduled meeting.
COMPOSITION OF THE COMMITTEE
The committee shall be composed of the following representatives:
Elected State, Appointed and local Officials; Emergency Mangement
Law Enforcement, Fire Fighting and Emergency Medical Services
Broadcast and Print Media
Owner/Operators of “Covered” Facilities *
Environmental and Health Organizations
Interested Community Groups
Other interested public as deemed appropriate by the LEPC
All members shall be appointed by the Jefferson County LEPC. Other potential members may be
recommended by the County Commission to serve.
(*A Covered Facility is a facility that is required under
SARA Title III to submit Tier2 Reports for emergency planning.)
OFFICERS
A quorum of the LEPC shall annually elect a Chairperson and Co-Chairperson at a
publicly announced meeting for a term not to exceed two years. Nothing in these
By-Laws shall preclude one person for holding more that one office except the
Chairperson and Co-Chairperson position, who by the nature of the positions, must
be two separate individuals. There are no limits imposed on the number of terms
for each office; however, the committee shall encourage participation of as many members
as possible to fulfill the functions of the officers.
Chairperson
The Chairperson shall be elected by a majority vote of the LEPC at a monthly meeting
or thirty days prior to the expiration of a two year term of office. The role of
the Chairperson is to be the leader of the committee and ensure that all LEPC
projects, tasks and associated paperwork requirements for the functioning of this
committee are carried out. These duties include setting meeting times,
preparation of agendas, appointing standing or ad hoc committees, chairing meetings,
reporting to the County Commission concerning committee project status, and other duties
associated with being a chairperson for any type of committee.
Co-Chairperson
The Co-Chairperson shall be elected by a majority vote of the LEPC at a monthly
meeting or thirty days prior to the expiration of a two year term of office. The
role of the co-chairperson is to assist the chairperson and assume his/her responsibilities
during the chairpersons absence. In the event the chairperson is unable to fulfill
his/her term, the co-chairperson will assume full responsibility of the chairperson
until such time as a new Chairperson is elected.
Recorder/Secretary
A Recorder/Secretary shall be appointed by the Chairperson to serve for a term of
two years. The responsibilities shall include recording of the minutes of LEPC
meetings, sending out meeting notifications or making personal telephone reminder
calls, preparing meeting agendas and public notification of meetings, and any other
duties assigned by the Chairperson.
Treasurer
A Treasurer shall be appointed by the Chairperson to serve a term of two years. The
responsibilities shall include making deposits and disbursement of payments,
maintaining all financial records and making financial reports to the LEPC at each
regular meeting. The Treasurer and the Chairperson of the LEPC shall sign all
disbursements checks.
Information Coordinator
An Information Coordinator shall be appointed by the Chairperson
to serve a term of two years. It is the duty of the
Information Coordinator to process public information requests in a timely manner
and maintain the annual Tier2 Reports as
required. The Coordinator shall maintain a record of all
requests and have access to those records during normal working hours and to
fulfill these responsibilities, will use the procedures and guidelines contained in
Attachment A, “Procedures and Guidelines for Receiving and Processing Information
Requests under SARA Title III”.
TIER2 Reports
The Director, Emergency Management, shall maintain and record all annual Tier2 Reports
as required by SARA Title III, which are due on the 1st day of March of each year.
PUBLIC NOTIFICATION OF LEPC ACTIVITIES
The following requirements are set forth for conducting public meetings of the LEPC.
Meetings
Meetings shall be held quarterly at a minimum or may be held more often as
necessary. The Recorder/Secretary shall issue a news release at least five business
days preceding each meeting to the local media. Attachment B contains a sample
of a suggested news release. Such meetings shall be posted on the
Jefferson County LEPC Website.
Public Hearing
In the event of a Public Hearing, notification shall be the same as for meeting
notification, but also shall include a legal advertisement placed in the local
newspapers at least five business days before the Public Hearing. Attachment B
contains a suggested legal advertisement. Such hearings shall be
posted on the Jefferson County LEPC Website
Reports and Plans
Public notification concerning the issuing of a major reports and plans shall be the
same as for Public Hearings. Such reports and plans shall be
posted on the Jefferson County LEPC Website.
Minutes of Meetings and Hearings
Official minutes of all LEPC meetings and hearings shall be documented and made
available to the public upon request. Requests for minutes shall be made using the
request for information procedures in Attachment A. Such minutes
shall be posted on the Jefferson County LEPC Website after approval of the
minutes.
PUBLIC COMMENT AND RESPONSE
Occasionally the LEPC will be confronted with both positive and negative
public comment. The LEPC shall respond to such comments timely and
responsibly with the public interest in mind. The LEPC may receive comments thru
letters, news editorials, telephone calls, and formal oral comments at an
LEPC meeting.
It is important that the LEPC respond officially and timely. The LEPC
shall request that all questions and comments be submitted in writing. This will
provide for adequate documentation and will allow the LEPC to respond accordingly.
Oral comments at public meetings shall be recorded. It should be noted that
instantaneous responses to sensitive questions or comments are not mandatory. A
well prepared response to sensitive issues, delivered in a reasonable time, is acceptable.
IDENTIFICATION OF COVERED FACILITIES
The identification of covered facilities that must meet (1) Emergency Release
Notification and Emergency Planning, (2) Hazardous Chemical
Reporting, and (3) Toxic Chemical Release Inventory requirements of Title III is a
monumental task.
Many facilities, especially small, independent facilities, may not know that they are
required to report to the LEPC. The LEPC can help in the identification of
covered facilities through:
Chamber of Commerce
Planning Commissions
Telephone Book Yellow Pages
State Tax Records through the County Assessor’s Office
Standard Industrial Code (SIC) Book
Once the LEPC identifies a potentially covered facility, the LEPC shall formally
contact the facility to request information regarding their status as a covered
facility. Attachment C contains a sample letter that may be used when contacting
these facilities. The LEPC shall attempt to communicate the requirements of
Title III to facilities within their district. Methods of communicating this
information are advertisement, news articles, trade journals, seminars and other
such means.
The LEPC can expect to encounter many questions from facility owners and
operators. The reporting requirements are complex and the facility owner/operator
may not know if Title III applies to their facility. A covered facility also may
need to be provided information about the substances covered under Title III. The
Federal Register contains lists of these substances including: “List of Hazardous
Chemicals,” “Extremely Hazardous Substances” and “Toxic Chemicals”. The facility will
be provided with a copy of those lists on request.
Title III legislation has mandated many new changes and requirements on both
government and private industry. Only through cooperation, good communications,
and much hard work, can the requirements of this vital piece of legislation be met.
Receiving and Processing Information Requests under SARA Title III
Jefferson County Local Emergency Planning Committee
Charles Town, West Virginia
CONTENTS
Section
Page
Introduction
A - 3
Information that is available
A - 3
MSDS or List of MSDS Chemicals
A - 3
Emergency and Hazardous Chemical Inventory Forms
A - 4
Follow-up Emergency Notice of Release
A - 5
General Policy
A - 5
Filing a Request for Information
A - 6
Responding to a Request for Information
A - 7
Information that may be Withheld
A - 7
Costs Involved with a Request for Information
A - 8
Glossary of Terms
A - 8
Guidelines on Receiving and Processing Requests for Information under Title III
Introduction
On October 17, 1986, “The Emergency Planning and Community Right-to-Know Act of 1986” was enacted into
law. This Act is part of the “Superfund Amendments and Reauthorization Act of 1986 (SARA) but is a separate,
freestanding statute, sometimes known as “Title III”. Title III establishes requirements for Federal, State and
local governments and industry regarding emergency planning and “Community Right-to-Know” reporting on hazardous and
toxic chemicals. This legislation builds upon EPA’s Chemical Emergency Preparedness Program (CEPP), the Community
Awareness and Emergency Response (CAER) program of the Chemical Manufactures Association and many State and local
programs aimed at helping communities to meet their responsibilities regarding potential chemical emergencies.
The Community Right-to-Know provisions of Title III will help to increase the public’s knowledge and access to
information on the presence of hazardous chemicals in their communities and releases of these chemicals into
the environment. These procedures describe the basic types of information available and outline the process for
public distribution of this information.
Information that is available
Under Title III, certain covered facilities are required to file information with the State Emergency Response
Commission (SERC) and the Local Emergency Planning Committee (LEPC). The information that must be filed includes:
Materials Safety Data Sheet (MSDS) or List of MSDS Chemicals (Section 311)
Emergency and Hazardous Chemical Inventory Form (Section 312)
Follow up Emergency Notices (Section 304)
Title III allows members of the public to have access to information filed with the SERC and the LEPC by making
an appropriate request.
MSDS or List of Chemicals
Section 311 of Title III requires an owner or operator of a covered facility to submit specific information for each
hazardous chemical that is stored at the facility. The information needed is in the Materials Safety Data
Sheet (MSDS) which contains information regarding the hazards associated with the use of or exposure to hazardous
chemicals. Section 311 also gives the owner or operator the option of filing a list of the chemicals for which
they must have an MSDS, instead of filing the MSDS itself. Where an owner or operator files the “list” and a
member of the public requests from the LEPC a copy of the MSDS for any chemical on the list, the LEPC shall request the
sheet from the facility owner or operator and then make the sheet available to the requestor according to Title III
requirements.
Emergency and Hazardous Chemicals Inventory Form
Section 312 of Title II requires an owner or operator of a covered facility to prepare and submit an Emergency and
Hazardous Chemical Inventory Form.
The inventory form is to be submitted to the LEPC, SERC and the local fire department(s) by March 1st of each
year. Section 312 specifically delineates the kinds of information required on the inventory form and sets out
those special circumstances under which highly specific information is to be submitted.
The inventory form must provide specific information regarding the amounts and locations within the facility of
categories of hazardous materials. Such general information, known as “Tier II Information” must be provided
for each chemical, in aggregate terms for those categories of hazardous chemicals set forth under the Occupational
Safety and Health Act and the regulations issued under this Act.
Specific Tier II information required in the inventory form includes:
The chemical name or the common name of the chemical as provided on the materials safety data sheet.
An estimate (in ranges) of the maximum amount of the hazardous chemical present at the facility at any time during
the previous calendar year.
An estimate (in ranges) of the average daily amount of hazardous chemicals present at the facility during the
previous year.
A brief description of the manner of storage of the hazardous chemical.
An indication of whether the owner elects to withhold location information of a specific hazardous chemical from
the disclosure to the public under section 324.
Any person may request the SERC or the LEPC for Tier II information relating to the previous calendar year with
respect to a facility. Any such request shall be in writing and shall be with respect to a specific
facility. Upon receipt of a request, the SERC or the LEPC shall notify the owner or operator of the specific
facility of the request.
Any Tier II information that the SERC or the LEPC has in its possession shall be made available to a person making
a request under SERC procedures. If the SERC or the LEPC does not have the Tier II information in its possession
and received a request for that information, the SERC or the LEPC shall request the facility owner or operator for the
Tier II information with respect to a hazardous chemical that a facility has stored in an amount over 10,000 pounds
present at the facility any time during the previous calendar year. Such information shall then be made
available to the person making the request.
When Tier II information that is not with the SERC or the LEPC and which relates to a hazardous chemical that a
facility has stored in an amount less than 10,000 pounds present at the facility any time during the previous
calendar year, a request from a person MUST include the general need for the information. The SERC or the LEPC
has the discretion to grant or deny such request.
Follow-up Emergency Notice of Release
Section 304 of Title III requires covered facilities to submit emergency notification of releases of specific
extremely hazardous substances. Such notifications are to be made to the County Office of
Emergency Services, the LEPC, and to the SERC of any State or County likely to be affected by the
release. Additionally Section 304 requires that an owner or operator of a covered facility provide
written follow-up notices when practical after the release. Such follow-up notices are to include:
An update of the information included in the initial release notification;
Information on actions taken to respond to and contain the release;
Any known or expected acute or chronic health risks associated with the release; and
Where appropriate, advice regarding medical attention necessary for exposed individuals.
General Policy
The SERC and the LEPC will make the fullest possible disclosure of records to the public consistent with the
provisions of Title III. All SERC and LEPC records shall be available to the public unless they are exempt
from disclosure requirements.
Filing a Request for Information
A request for records may be filed with the SERC or the LEPC if the request relates to a facility found in the
LEPC’s Emergency Planning District. The addresses of the SERC and the LEPC are:
West Virginia Emergency Response Commission
Building 1, Room EB80
1900 Kanawha Blvd East
Charleston WV 25305
Telephone: 304.558.5380
Fax: 304.344.4538
Jefferson County LEPC
116 E Washington St. Room #28
PO Box 208
Charles Town WV 25414-0208
Telephone: 304.728.3290
Fax: 304.728.3320
Records which may be requested from the LEPC are the local emergency response plans, MSDS or list of hazardous
chemicals, the hazardous chemical inventory forms, and follow-up notices of releases. Records which may be
requested from the SERC are the hazardous chemicals inventory form and emergency follow-up notices of releases.
A request must be made in writing, must describe the records sought in a way that will allow their identification
and location, but otherwise need not be in any particular form. If the description of the records sought in the
request is not sufficient to allow the SERC or the LEPC to identify and find the requested records, the SERC or the
LEPC will notify the requestor (by telephone when practical) that the request cannot be processed until more information
is given.
Every reasonable effort will be made to help in the identification of records sought and to help the requestor
in formulating their request. If a request is described in general terms (e.g. all records
concerning a certain facility). Then the SERC or the LEPC may talk with the requestor (by telephone when
practical) with a view towards reducing the administrative burden of processing a broad request and minimizing the
fees payable by the requestor. Such attempts will not be used as a means of discouragement,
but as a means to help identify the specific records sought.
Requests received at offices other than those described above may not be answered timely. Oral or phone
requests for records will NOT be honored, only by written request. Written requests may be hand delivered of
previous arrangements for an appointment to received copied material was made by phone. Fees are
payable upon receipt of requested information.
Responding to a Request for Information
The SERC or the LEPC, upon receipt of a written request, will mark the request with the date of receipt and begin
to identify and find the requested information or ask for more information concerning the request. Such responses
must do either:
Furnish copies of the requested information;
Advise the requestor of the time and place at which they may inspect and copy the information; or
Deny the request stating in writing the reason for such denial.
Denials of requests may be made only in the following circumstances:
The requested record is not known to exist;
The record is not in the SERC or the LEPC possession and the SERC or the LEPC is not required under Title III to
obtain this record from the owner or operator of a covered facility; or
The record is exempt from disclosure under Title III.
A letter informing the requestor of the denial must be sent within 45 days. The letter shall clearly state the
basis for the denial.
Information that may be Withheld
The following information may be withheld from the public under Title III:
Trade Secrets: The specific chemical identity, (including the chemical name and other specific
identification) may be withheld by the owner or operator of a covered facility from information submitted to the
SERC and/or the LEPC if such information is determined by the U.S. Environmental Protection
Agency to be a trade secret as defined in Title III.
Location of the Specific Chemical: Upon request an owner or operator of a facility subject to
Title III, the SERC and the LEPC must withhold from disclosure the location of any specific chemical required by Title
III to be contained in an inventory form as Tier II information.
Costs Involved with a Request for Information
Fees will be charged for searching for and reproducing requested records. Fees charged
by the Jefferson County LEPC shall be sufficient to defray the cost as associated with finding and reproducing the
requested information. Accordingly, the fees to be charged by the LEPC are as follows:
Copying cost shall be $1.00 per page.
The charge for copying materials that must be reproduced by outside facilities shall be the actual cost of copying.
A search fee of $9.75 per hour or fraction of an hour and shall be charged for the time
spent in trying to find requested records beyond the initial half hour used to find such records.
An invoice for the total amount of fees will be given to the Requestor when materials are picked up. Payments
shall be made by money order or cashier’s check payable to the “Jefferson County LEPC”.
Any requestor, who cannot afford to pay the fees established by the LEPC under this section, may file an affidavit
with the committee stating that the Requestor is unable to pay such fees. Upon filing of such affidavit the LEPC
may process the request by following these guidelines as if the fees were paid.
Glossary of Terms
Chemical Releases – releases of toxic chemicals that must be reported annually in a “Toxic Chemical
Release Reporting Form” to the U.S. Environmental Protection Agency and a State official to be designed by the Governor
according to Section 313 of Title III. The report is due July 1st of each year.
Emergency Notification or Emergency Release Notification – the notification required by Section 304 of
Title III that must be given immediately upon a release of a listed hazardous substance that exceeds the reportable
quantity for that substance. This notification must be given to the SERC and the LEPC.
Emergency Response Plan – the plan to be developed by each LEPC, which was to be completed by October
17th 1988.
Inventory Form – the Emergency and Hazardous Chemical Inventory form that must be submitted by covered
facilities to the LEPC, the SERC and the local fire department(s). The inventory form is sometimes referred to
as the Tier II.
List of MSDS Chemicals – a list of chemicals submitted to the LEPC, the SERC, and the local fire
department(s) instead of the requirement to submit copies of the Material Safety Data Sheet (MSDS).
LEPC or Local Emergency Planning Committee – the committee is responsible for receiving hazardous
chemical information from covered facilities and making this information available to the public. The LEPC is
also responsible for overseeing development and implementation of the Emergency Plans under its cognizance.
MSDS or Material Safety Data Sheet – a form used by chemical manufacturers and required by the Federal
Occupational Safety and Health Administration’s Hazard Communications Standard (29 CFR 1910.1200) for reporting health
and safety information on hazardous chemicals.
SERC or State Emergency Response Commission – the State agency responsible for implementation of Title
III with the State. The SERC oversees operation of LEPCs as well as coordinating emergency response activities.
Tier II Information – information that must be provided in the inventory form only upon request of the
SERC or the LEPC. This information is due March 1st of each year.
ATTACHMENT B
SAMPLE NEWS RELEASE
For Immediate Release: January 31, 2005
Contact: Darrell G. Penwell, OES Director
Telephone: (304)724-8914
The Jefferson County Local Emergency Planning Committee (LEPC) will meet at 1:30 PM,
March 8th 2005 at 116 East Washington Street, Charles Town, West Virginia.
The meeting is open to the public. For further details contact Sarah E. Johnson, Chairperson.
Telephone (304) 728-1697.
SAMPLE LEGAL ADVERTISEMENT
NOTICE
The Jefferson County Local Emergency Planning Committee will hold an open public hearing to solicit public
comment on its draft of the Emergency Response Plan.
The Hearing will be held at the (your county, date, time, and location). For information on meeting format
and content contact (name and telephone number).
ATTACHMENT C
Sample Letter to Potential Covered Facility
Dear __________________:
Under the Federal Superfund and Reauthorization Act of 1986 (SARA Title III) owners of facilities,
by law, must take certain actions regarding hazardous substances on their property.
If you use, store, manufacture, process or import any chemical or chemical substance that is hazardous,
you must be subject to the requirements of this law. You should check to see if you have any such
substances, and if so in what amount. To learn of a substance is hazardous you can:
Check information on labels, or literature accompanying the material;
Question the provider or the material;
Contact Jefferson County Health Department at (304) 728-8415; or
Contact Jefferson County Office of Emergency Services at (304) 728-3290.
If you have such substance, contact the Jefferson County Office of Emergency Services Director for advice on
further requirements.
Attachment A