Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA Title III) addresses emergency planning and notification in sections 301, 302 and 303.  Section 301 requires that every state establish a State Emergency Response Commission (SERC) and that the SERC establish Local Emergency Planning Committees (LEPCs).  There are 89 LEPCs in Michigan – one for each of the 83 counties as well as LEPCs for the cities of Ann Arbor, Detroit, Grand Rapids, Livonia, Romulus, and Wayne.

Emergency Planning Notification

Section 302 requires that facilities notify the SERC and their LEPC if they have on site an extremely hazardous substance (EHS) in an amount equal to or greater than its threshold planning quantity (TPQ).  The amount means the total amount of an EHS present at any one time at a facility at concentrations greater than one percent by weight, regardless of location, number of containers, or method of storage.  This regulation applies even if the chemical is on site for only a day.  The exemptions that apply to sections 311 and 312 for hazardous chemical inventory reporting do NOT apply to section 302.  There are no exemptions for emergency planning.

Facility owners and operators may complete the SARA Title III section 302 “Emergency Planning Notification” to notify the SERC and their LEPC that they are subject to this requirement.  This same form can be used for facilities that were once subject to section 302, but have since removed (or reduced to below the TPQ) the EHS(s) on site.

The SARA Title III Program in the Michigan Department of Environmental Quality accepts all reports and notifications on behalf of the SERC.  The address for the SARA Title III Program is printed at the bottom of the “Emergency Planning Notification.”

Emergency Response Plan

Section 303 requires that LEPCs write an off-site emergency response plan that addresses possible chemical releases from facilities in their community that are subject to section 302.  After providing the emergency planning notification to their LEPC, the owner or operator of a section 302 facility must inform the LEPC of any changes occurring at the facility that might be relevant to emergency planning.  In addition, they must promptly provide to the LEPC any information necessary for development or implementation of the local emergency plan upon request of the LEPC.

LEPCs should contact the Michigan State Police Emergency Management Division for assistance in preparing their local emergency plan.