Tier II Public Information Requests and Public Communication
For public safety reasons any blanket public record requests to the SERC for Tier II chemical information may be denied pursuant to N.C.G.S. §132-1.7(b)
“Public records as defined in G.S. 132-1 do not include plans to prevent or respond to terrorist activity, to the extent such records set forth vulnerability and risk assessments, potential targets, specific tactics, or specific security or emergency procedures, the disclosure of which would jeopardize the safety of governmental personnel or the general public or the security of any governmental facility, building, structure, or information storage system.”
Procedures for Obtaining Tier I or Tier II Hazardous Chemical Information from the State Emergency Response Commission, 2023 and by submitting a Public Records Requests | NC DPS.
If N.C.G.S. §132-1.7 does not apply, EPCRA Tier II regulations will apply and “[a]ny such request shall be in writing and shall be with respect to a specific facility.” U.S.C. Title 42 Chapter 116 Section 11022(e)(3)(A)
If the public record request meets the threshold requirements under federal law, then the requester will be allowed to inspect Tier II information at a designated location specified by the State (NCEM EPCRA) or the LEPC.
Under EPCRA, accessibility to Tier II information is limited to the preceding calendar year with respect to a specific facility. 42 U.S.C. § 11022(e)(3)(A).
Read the SERC Policy for Tier II for more information.
Public Information – Community Planning
Emergency Response Plan Developed by LEPCs and TEPCs are recommended to provide citizens in their community access to the emergency response plan.
The public is encouraged to attend LEPC meetings to discuss procedures for citizens to follow in case of a chemical emergency.
EPCRA Section 301(c), requires the LEPC/TEPCs to establish rules for the organizations, which include holding public meetings to discuss the emergency plan.
LEPCs can prepare citizens on what to do during an emergency and how they will be notified (ex: reverse 911, Time-Sensitive Alerts and Communications, tv or radio announcements).
Facility Emergency Plans and Public Information
Facilities are recommended to provide a public information section to their emergency plans detailing:
- Public emergency notification procedures,
- Emergency alert system access,
- Potential public response
- Hazardous substance exposure symptoms
- Medical treatment locations (equipped and prepared to receive exposed patients)
Risk Management Program
Risk Management Program Plans can be viewed at Federal Reading Rooms in Asheville, Greensboro and Raleigh.
Public information requests on RMP facilities are to be directed to the EPA.
Questions Contact the EPCRA Help Desk at EPCRA@ncdps.gov or call 984-328-0923.
Resources
EPA RMP Guidance on Public Communication – Guidance for public meetings after an accidental chemical release.
National LEPC TEPC Handbook - Chapter 8. EPCRA Section 324: Public Availability of Plan, Data Sheets, Forms, and Follow-up Notices.