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FAQs

  • Why was the LEPC formed?

    After the December 1984 chemical release from a Union Carbide pesticide plant in Bhopal, India which killed over 15,000 people, President Reagan 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).  The SERC divided the state into Local Emergency Planning Districts (LEPD’s) and appointed members of that community to the Local Emergency Planning Committee (LEPC).

  • 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. In Indiana, the Indiana Emergency Response Commission (IERC) carries out the functions of the SERC. Commission members are appointed by the Governor.

  • Can anyone attend meetings?

    LEPC meetings are open to the public.  All interested parties are encouraged to attend either in person or virtually.  For information about participating virtually, please contact the LEPC by phone or email.

  • What are the benefits of being involved in the Marion County LEPC?

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

  • What are Tier II reports used for?

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

  • Who needs to submit Tier II Reports?

    Any facility required under Occupational Safety and Health Administration (OSHA) regulations to maintain SDSs for hazardous chemicals stored or handled in the workplace must submit an annual Tier II inventory Report according to the following facility reporting thresholds:

    • 500 pounds or the Threshold Planning Quantity (TPQ) for Extremely Hazardous Substances (EHS) (40 CFR, part 355), whichever is lower.
    • 75,000 gallons (or approximately 283,900 liters) for all gasoline (all grades combined) at a retail gas station, if the tank(s) was stored entirely underground and was in compliance at all times during the preceding calendar year with all applicable Understand Storage Tank (UST) requirements at 40 CFR part 280 or requirements of the State UST program approved by the agency under 40 CFR part 281.
    • 100,000 gallons (or approximately 378,500 liters) for diesel fuel (all grades combined) at a retail gas station if the tank(s) was stored entirely underground and the tank(s) was in compliance at all times during the preceding calendar year with all applicable UST requirements at 40 CFR 280 or requirements of the State UST program approved by the agency under 40 CFR part 281.
    • 10,000 for all other hazardous chemicals.
  • 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.

  • When are Tier II Reports due?

    Tier II reports must be submitted online at https://tier2.dhs.in.gov/Account/Login.aspx by March 1 of each year. Submission online satisfies the requirement to notify the IERC, LEPC, and jurisdictional fire department in Indiana. Please note that not all states have the same rule.

  • Where do I submit my Tier II Report?

    Facilities must submit their annual Tier II Report online at https://tier2.dhs.in.gov/Account/Login.aspx Submission online satisfies the requirement to notify the IERC, LEPC, and jurisdictional fire department in Indiana.  Facilities are not required to send a Tier II Report to their local fire department or LEPC. Please note that not all states have the same rule.

  • How to view and/or request facility Tier II information?

    All information filed by covered SARA Title III facilities in Marion County may be reviewed during regular business hours at the office of the Department of Water Quality and Hazardous Materials Management of the Marion County Public Health Department. Copies of documents may be obtained at this office, and the Marion County Public Health Department may charge a fee for copying. For further information on these matters, please contact the LEPC by phone or email.