Tier II Public Information Requests and Public Communication

Local government offices are the first point of contact for many chemical and environmental concerns, including some types of spills. If the local government does not have information available, state or federal agencies may have records available. North Carolina Local Emergency Planning Committees Contacts can assist with providing local data or agency contacts. 

Hazardous material information requests to North Carolina Emergency Management must include a physical address or coordinates. North Carolina Emergency Management data available is for Emergency Planning Community Right to Know Act Tier II requests (hazardous material storage and releases that exceed the EPCRA 304 reportable quantity). For other releases that exceed the reporting requirements for petroleum products, North Carolina's Oil Pollution and Hazardous Substances Control Act of 1978, §143-215.85(a and b), Division of Environmental Quality maintains the public records, which includes information on air quality, phase I assessments, water resources and waste management. More information is available at NCDEQ Public Records Requests. 
 

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) 

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.
 

Emergency Planning Community Right to Know

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 on information available to the public. 
 

Oil Spills

The National Response Center reports on oil spill, chemical release and hazardous waste cleanup under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) are publicly available on the United States Coast Guard National Response Center website.  

The North Carolina reporting requirements for petroleum products are in North Carolina's Oil Pollution and Hazardous Substances Control Act of 1978, §143-215.85(a and b). Visit Division of Environmental Quality Spills - Hazardous and Petroleum for more information. Spill are reported to the 24-Hour Watch that acts as the central information and communication hub for North Carolina Emergency Management. More information is available at NCDEQ Public Records Requests.  
 

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.