State, Territorial, Tribal, and Local Preparedness

Emergency Planning and Community Right-to-Know Act (EPCRA) (or SARA Title III)

  • Purpose: To help communities prepare for chemical emergencies.
  • EPCRA was a 1986 amendment to CERCLA. It was passed after a toxic gas leak from a chemical plant tank in Bhopal, India killed about 3,800 people and injured many others. The incident raised concerns about the adequacy of state and local planning for an incident of this magnitude in the US.
  • Resulted in SERCs, TERCs, and over 2,000 LEPCs – These are integral components of the NRS. The SERC is appointed by the Governor of each state.
    • The SERC designates emergency planning districts, appoints LEPCs, supervises and coordinates their activities, and reviews local emergency response plans.
    • The Chief Executive Office of a Tribe appoints the TERC. TERCs have the same responsibilities as SERCs.
    • Each LEPC prepares a local emergency response plan for its community and establishes procedures for receiving and processing requests from the public for information generated by requests under Title III reporting requirements.
  • Requires the development of local emergency response plans for responding to releases of extremely hazardous substances.
  • Under the NCP, RCPs/ACPs are integrated with state and local plans.
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  • SERC and TERC establish local planning districts, which must then form LEPCs.  SERCs, TERCs, and LEPCs must perform threat assessments based on required reports from industries operating in their jurisdictions (Tier II and III reports) and develop plans to address those threats.  A relatively common practice is that those plans are considered an annex to the community's All Hazard plans required by FEMA under some circumstances.  Membership of SERCs, TERCs, and LEPCs are mandated by EPCRA although many of these organizations may include other entities besides the mandated members.  EPCRA also created a federal requirement for responsible parties to report incidents to local authorities.
  • Additional preparedness activities related to OPA include vessel response plans (VRP) and facility response plans (FRP). The VRP outlines what a vessel will do in case of an offshore spill and is required for maritime operators which carry certain types and quantities of hazardous substances or oil. Similar to the VRP, the FRP is a preparedness measure for those facilities who store or use oil to demonstrate a discharge response.
  • Resources for SERCs and LEPCs:
    • The Hazardous Materials Emergency Planning Guide (NRT-1 Update) (2001) includes references to guidance on developing state and local emergency response plans. Brief references to legislation have been incorporated to encourage plan integration and coordination. This updated version of NRT-1 includes guidance on integrating local emergency response plans prepared and updated by Local Emergency Planning Committees (LEPCs).
    • NOAA’s CAMEO software suite is available to assist emergency planning and response — especially for those events related to hazardous chemicals.