A. What kind of information is available? B. How is the information organized? C. What can I ask for?

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1 Procedures for Obtaining Information Available to the Public from the Wake County Local Emergency Planning Committee under the Emergency Planning and Community Right to Know Act I. General Policy The Wake County Local Emergency Planning Committee (LEPC) will make the fullest possible disclosure of records to the public consistent with the provisions of the Emergency Planning and Community Right to Know Act (EPCRA)(42 U.S.C et. Seq.), also known as the Superfund Amendments and Reauthorization Act of 1986 (SARA), and the North Carolina Public Records Law (N.C.G.S et. Seq.). All records maintained by the LEPC are subject to an archiving schedule established by the Division of Emergency Management. In general, records are maintained for the current (i.e., reporting) year, plus five additional years before being destroyed in-house. Wake County Emergency Management maintains LEPC minutes, and other formal documents indefinitely. All request for records must be made in writing by mail, fax, or (with a follow-up signature page). At the end of this document the requestor will find an optional form that will assist the requestor in filing the request. This form is not required, but will expedite the request. If the description of the record is not clear enough to let the LEPC find the records, the LEPC will make every reasonable effort to help identify and describe the records wanted. If the request is very general or broad, the LEPC may communicate with the requestor. Such an attempt will not be used as a means to discourage the request, but rather as a means to help identify more specifically the records sought. All LEPC responses to written request will be returned in writing. Response to requests made under Section 312(e)(3)(D) of EPCRA (42 U.S.C (e)(3)(D)) will be made within 45 days, all other documents are to be provided as promptly as possible (N.C.G.S (a)). The response from the LEPC will do one of the following: A. Furnish copies of the requested information to the requestor; B. Inform the requestor that more information is needed to process the request; C. Advise the requestor that the record is not in the possession of the LEPC, but that it is a record available to the LEPC, and how long it will take to obtain it; D. Deny the request and state the reasons for the denial. Denials may be made if: a. The record requested is not known to exist and the LEPC is not required to create it;

2 b. The record is not in the LEPC s possession and the LEPC is not required by law to obtain it; c. The record is exempted from disclosure by law. Under Section 322 of EPCRA (42 U.S.C (a)), facilities reporting a product registered with EPA as a trade secret may withhold information on the specific chemical identity, replacing it with the generic class or category of the hazardous chemical, extremely hazardous substance, or toxic chemical. Any person may petition the EPA Administrator for the disclosure of the specific identity of a hazardous chemical, extremely hazardous substance, or a toxic chemical, which is claimed as a trade secret under the above-cited section. The requestor is welcome to come to the offices of Wake County Emergency Management and view the records the LEPC may disclose. LEPC records are maintained in the office of Wake County Emergency Management in the Wake County Office Building at 337 South Salisbury Street, Raleigh, NC. The official designated to be responsible fore the records is the HAZMAT Planner. It is suggested that you give advance notice of a visit by calling (919) Access to the records will be provided during normal business hours (8:15 a.m. and 5:15 p.m., Monday through Friday (except holidays)). There will be a county employee present while you use the reading room. A log of all requestors of records will be maintained and will, itself, be a public record. II. HOW DO I USE THIS DOCUMENT? EPCRA has a number of sections. This document is organized by section number. After section number, the requestor will find three questions answered about information available under each section of EPCRA. The answers also will include other information related to that section of EPCRA, available under the North Carolina Public Records Law. The three questions are: A. What kind of information is available? B. How is the information organized? C. What can I ask for? III. Sections of EPCRA, and Information Available to the Public A. Section 301: Establishment of State Commissions, Planning Districts, and Local Committees What kind of data is available to under Section 301 of EPCRA?

3 Section 301 deals with organizations that will carry out the duties required of state and local government under EPCRA. The information that is available under this section is: 1. The names of the Local Emergency Planning Committee (LEPC) members; 2. Minutes of Committee meetings and resolutions made by the LEPC. How is the information organized? 1. Minutes and other formal documents are maintained chronologically, What can I ask for from the LEPC? 1. Members of the Wake County LEPC 1. Names 2. Addresses 3. Organizations represented; 2. Minutes of the Wake County LEPC meetings; 3. By-laws and resolutions of the Wake County LEPC; B. Section 302: Substances and Facilities Covered and Notification What kind of information is available under Section 302 of EPCRA? The information available under this section of EPCRA includes the names, addresses, and other identifying information of the facilities that are required by this section to report to the LEPC. This does not include specific information about the actual chemicals present at the facility or the amount of chemicals used. How is this information organized? This information is organized by company name. What can I ask for from the LEPC? 1. Names of facilities reporting themselves to be covered by Section 302; 2. Addresses of the facilities; and

4 3. Name of the contact person and telephone number. C. Section 303: Comprehensive Emergency Response Plans What kind of information is available under Section 303 of EPCRA? Section 303 requires each LEPC to develop an emergency plan which will include information such as names of facilities and transportation routes, and methods to be followed in responding to a release of a hazardous substance. In North Carolina, most of these plans may be part of an overall county s emergency operations plan. The law also requires regulated facilities to submit point-of-contact information to the LEPC in the event of an emergency. How is this information organized? 1. Point of contact information is maintained by company name. What can I ask for? 1. The emergency plan; 2. Point-of-contact information provided by facilities. D. Section 304: Emergency Notification What kind of information is available under Section 304 of EPCRA? Section 304 of EPCRA requires that the emergency releases of certain amounts of listed chemicals be reported to the LEPC. The first reports usually are made by telephone, but can be given by radio or in person, and the individual who receives the report will fill out a written report. The facility or transporter must also send a written follow-up report to the organizations that received the first call. How is this information organized? The section 304 reports are organized chronologically by company name. What kind of information can I get? 1. Names of persons, facilities, and transporters who filed Section 304 reports;

5 2. Dates of reports; 3. Written follow-up report(s) which include everything listed below and updates that information: a. Chemical name or identity of any substance released; b. An indication regarding whether substance is an extremely hazardous substance, c. Estimate of quantity released; d. Time and duration of release; e. Medium into which release occurred; f. Any known or anticipated acute or chronic health risks associated with the emergency; and where appropriate, advice on medical attention necessary for exposed individuals; g. Proper precautions to take as a result of release; h. Name and phone number to contact for more information; and i. Actions taken to respond to, and contain the releases. E. Section 305: Emergency Training and Review of Emergency Systems What kind of information is available under Section 305 of EPCRA? Under Section 305, Congress authorized monies to be spent on training for emergency responders related to hazardous materials and other emergencies. The fact that Congress authorized funds does not necessarily mean that money was actually appropriated. If any money was appropriated for training, by EPA or any other governmental agency, and if any of that money was designated for use in Wake County, information about the funds and their expenditure will be available from the LEPC. What information can I get from the LEPC? If any funds were made available to Wake County, you can find out how much was sent, what training programs it was spent on, who was trained, the source(s) of the funds, and how much each program cost.

6 F. Sections [Reserved] G. Section 311: Material Safety Data Sheets (MSDS) What information is available to me under Section 311 of EPCRA? Section 311 of EPCRA requires that facilities submit either a list of all extremely hazardous substances chemicals above 500 pounds or the threshold planning quantity, and/or hazardous substances above 10,000 pounds, grouped by hazard class; or a MSDS for each covered hazardous chemical. This submission is only required when a facility first reaches or exceeds the above threshold. A MSDS is a document created for the purpose of informing employers and employees about chemicals they are working with. The MSDS contains information about physical and health hazards of a chemical. When filing MSDSs, facilities my file many sheets. The entities that receive this information are the local fire department, the LEPC, and the NCERC. How is the information organized? The information is organized by company name. What information can I get? 1. The names (and other identifying information) of reporting facilities; 2. For each facility, the list of hazardous chemicals, or MSDS, whichever is provided by the facility. H. Section 312: Chemical Inventory Reports What kind of information is available under Section 312 of EPCRA? Section 312 of EPCRA, requires covered employers to file a form (Tier I or II) identifying the inventory of extremely hazardous substances above 500 pounds or the threshold planning quantity, and/or hazardous substances above 10,000 pounds. The form is filed with three agencies (fire department, LEPC, NCERC) by March 1 of each year beginning in The Tier I form is mandatory, but a facility can choose to file a Tier II form instead of a Tier I form. Because the Tier II form provides detailed information on the chemical and inventory amounts, the LEPC has stated a preference for the Tier II form; Tier I forms generally are not available. The requestor can get access to the information from either the LEPC or the NCERC, but not from the fire department.

7 The Tier I form provides summary information about hazardous chemicals present at the facility. The form should be read carefully. It has the potential to be misleading, because it lumps together all chemicals posing a particular hazard. The Tier II form provides specific information about hazardous chemicals present at the covered facility. A single Tier II form may have information about several chemicals, including such information as physical and health hazards and average and maximum amounts on site. A request for a Tier II form MUST name a specific facility and MUST be in writing. You should know that under the North Carolina Hazardous Chemicals Right-to-Know Act you may be able get some information directly from a facility. For more information about your rights under that Act, call the NC Department of Labor at (919) or Labor-NC. The LEPC will provide you with a response to your request of a Tier II form for a specific facility no later than 45 days after it receives your request. Under Section 324(a) of EPCRA (42 U.S.C (a)), facilities may withhold from disclosure the location of any specific chemical required to be contained in an inventory form as Tier II information. How is the information organized? The Tier II forms are located electronically at the offices of Wake County Emergency Management. What may I ask the LEPC for? Copies of Tier II Reports for each facility I. Section 313: Toxic Chemical Release Forms What kind of information is available to under Section 313 of EPCRA? Section 313 requires that certain industries report each year on the quantity of certain toxic chemicals that their facilities are releasing into the air, water, and soil. These reports are not necessarily based on actual measurements, but may be based on estimates. There are several hundred toxic chemicals on which a facility must report if it meets certain requirements. The first reports were due on July 1, 1988, and will be due every July 1. Facilities file reports titled Form R (long report), or Form A (short report), and covers the preceding calendar year. If a facility has the amount specified of more than one chemical, it will have a form for each chemical, it will have a form for each chemical.

8 How is the information organized? The Wake County LEPC is not required to maintain Toxic Chemical Release Forms. What may I ask for? Requests for Toxic Chemical Release Forms should be directed to the North Carolina Division of Emergency Management or the US EPA. IV. FEES Is there a charge for requesting copies of information under EPCRA, and the Public Records Act? NO. The Wake County LEPC does not charge for reproduction of requested information.

9 Wake County Local Emergency Planning Committee Form for Requesting Information Under Emergency Planning and Community Right-to-Know Act I request the following information (list facility name; address; or other information which is listed above under the questions: What Can I Ask For? ): Please mail the information to: Name: Address: Daytime telephone number: ( Nighttime telephone number: ( ) ) Signature: Date: