Frequently Asked Questions

• Can anyone be a member or attend meetings?
• Why was the LEPC formed?
• What is the SERC?
• What are the benefits of being involved in LEPC?

Q. Can anyone be a member or attend meetings?

Membership includes state and local elected officials, law enforcement, emergency medical and fire personnel, emergency management personnel, civil defense workers, public health, environmental, hospital, and transportation officials, industry representatives, news media public/community members, and owners and operators of facilities subject to the planning requirements of EPCRA. However, this is an open public meeting, anyone can attend.

Q. Why was the LEPC formed?

After the December 1984 Union Carbide gas leak incident in Bhopal, India which killed over 15,000 people, the President signed into law the Superfund Amendments and Reauthorization Act (SARA) on October 17, 1986. Title III of SARA is also known as EPCRA. One of the first actions of the Act was for each Governor to appoint a State Emergency Response Commission (SERC). This commission divided the state into Local Emergency Planning Districts (LEPD’s) and appointed members of that community to the Local Emergency Planning Committee (LEPC).

The law mandates emergency planning efforts at the state, tribal and local levels and provides citizens and emergency responders with information concerning potential chemical hazards present in their communities.

Q. What is the SERC?

The purpose of the State Emergency Response Commission (SERC) is to coordinate hazardous chemicals planning and carry out the mandate of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA). The SERC is responsible for establishing state hazardous chemical emergency preparedness, response, and community right-to-know programs as required by EPCRA.

Q. What are the benefits of being involved in LEPC?

The LEPC serves as a forum to aid in the discussion and preparedness on emergency planning and response. Active LEPCs can provide training and exercises as well as assistance in planning and the submission of Tier II reports.

• Who needs to submit Tier II Reports?
• What chemicals must be included in a Tier II Report?
• When are Tier II Reports due?
• Where do I submit my Tier II Report?
• Do I also need to file a Tier II Report with my local Fire Department?
• Do I also need to file a Tier II Report with the State of Utah?
• Do I need to mail in a hard copy(printed) version of my Tier II report?
• What are Tier II reports used for?

Q. Who needs to submit Tier II Reports?

On the federal level, any regulated facility in the U.S. that stores or handles any of the following must submit an annual Tier II inventory Report:
● Over 10,000 pounds of hazardous chemicals
● Over 75,000 gallons of gasoline fuel
● Over 100,000 gallons of diesel fuel
● Any stored material on the EPA extremely hazardous substance list (EHS list)

Q. What chemicals must be included in a Tier II Report?

Facilities are required to report hazardous chemicals that were stored on site for more than a 24 hour period during the previous calendar year, including their maximum and average quantities and storage locations/conditions. Hazardous chemicals are any substances for which a facility must maintain a Safety Data Sheet (SDS) under the OSHA Hazardous Communication Standard. Over 500,000 products have SDSs, which are normally obtained from the chemical manufacturer. More information can be found in the Consolidated “List of Lists” posted by the United States Environmental Protection Agency.

Q. When are Tier II Reports due?

March 1st every year. All forms must be submitted to SERC, LEPC, and your local Fire Department prior to the 1st.

Q. Where do I submit my Tier II Report?

Utah County utilizes an online portal found at: https://utahcounty.tieriiportal.aristatek.com/

Utah DEQ Tier 2 Submission Portal is found at https://tier2.deq.utah.gov. Access to the submission portal is obtained by following the instructions at https://deq.utah.gov/environmental-response-and-remediation/cercla-comprehensive-environmental-response-compensation-and-liability-act/tier-2-chemical-inventory-program.

Q. Do I also need to file a Tier II Report with my local Fire Department?

Yes, you are required to send a Tier II Report to your local fire department per EPCRA Section 312 (40 CFR 370).

Q. Do I also need to file a Tier II Report with the State of Utah?

Yes. Utah County utilizes a different reporting portal than Utah DEQ and the systems are not linked. See above or Tier II reporting for instructions.

Q. Do I need to mail in a hard copy(printed) version of my Tier II report?

No. Utah County and Utah State have digitized all Tier II reporting and a hard copy is not needed. Consult your local Fire Department on their specific requirements. See the Tier II page for more information.

Q. What are Tier II reports used for?

The primary purpose of Tier II Reports is to provide public safety officials with information about chemical hazards within their jurisdictions, along with other stakeholders with a valid right-to-know. Fire Departments and other public safety agencies use Tier II Reports for facility pre-planning and during emergency responses at or near Tier II facilities. LEPCs use the information to understand hazards in their community and develop chemical emergency response plans under EPCRA.