LEPCs and SERCs are required to do many things. They have a duty of establishing procedures for receiving and processing requests for EPCRA information (Tier Two Reports, written follow-up reports, MSDSs, emergency plans, Form R Reports) from the general public. These procedures have to include the designation of an official to serve as coordinator for information. The public has an absolute Right to this information.
A State or local official acting in an official capacity may have access to Tier Two information by submitting a request to the SERC or LEPC.
If the general public requests a facility's Tier Two Report through the SERC or LEPC, and the Tier Two Report is already on file, the Tier Two Report must be available during normal business hours for review and copying. If the facility's Tier Two Report is not on file with the SERC or LEPC, AND the facility had reportable quantities of a chemical, the person requesting the Tier Two Report must include the general need for the information. The SERC or LEPC may request this information, but this is discretionary, and when it is received, make it available to the requesting person during normal business hours for review and copying. A SERC or LEPC must respond to a request for Tier Two information with 45 days. Written follow-up reports, MSDSs, emergency plans, and the regional emergency plan, however, must be available for public review during normal business hours. Requests for information should be made to the Information Coordinator at (440) 285-9200.