EPCRA Requirements for a facility located within the planning districts of two LEPCs
The reporting requirements of EPCRA sections 303(d), 311, and 312 require covered facilities to provide information on the presence of extremely hazardous substances (EHSs) and hazardous chemicals to the Local Emergency Planning Committee (LEPC) for the purpose of preparing an emergency plan. In general, facilities are located within the boundaries of a single LEPC's emergency planning district, allowing all notification to be made to the same planning entity.
A certain facility subject to EPCRA emergency planning requirements is located such that its perimeter extends across the planning jurisdiction boundaries of two LEPCs. In this case, which LEPC is responsible for including the facility in its emergency response plan? To which LEPC should the facility fulfill its reporting obligations under Sections 303(d), 304, 311, and 312?
LEPCs who share jurisdiction over a facility should decide on how they will share responsibility for including the facility in their emergency planning activities and how they will accept information required under Sections 303(d), 304, 311, and 312. With respect to Section 303(d), if the facility is located within two districts, it must provide the required notification to both LEPCs.
Since Section 304 requires facilities to notify the LEPC responsible for any area likely to be affected by a release of a reportable chemical (40 CFR section 355.42), both LEPCs should receive release notification to ensure sufficient emergency response. Sections 311 and 312 require information to be submitted to the appropriate LEPC (Sections 311(a)(1)(a), and 312(a)(1)(a)). LEPCs may reach an agreement as to which is the appropriate LEPC, and thus determine which would receive information submitted under Sections 311 and 312. In the absence of such an agreement, the facility would need to report to both LEPCs.