(a) Any person may request Tier II information for a specific facility by writing to the SERC or the LEPC and asking for such information.
(1) If the SERC or LEPC has the Tier II information, the SERC or LEPC must provide it to the person making the request.
(2) If the SERC or LEPC does not have the Tier II information, it must request it from the facility owner or operator in either of the following cases:
(i) The person making the request is a State or local official acting in his or her official capacity.
(ii) The request is for hazardous chemicals in amounts greater than 10,000 pounds stored at the facility at any time during the previous calendar year.
(3) If the SERC or LEPC does not have the Tier II information, it may request it from the facility owner or operator when neither condition in paragraph (a)(2) of this section is met, but the person's request includes a general statement of need.
(b) A SERC or LEPC must respond to a request for Tier II information under this section within 45 days of receiving such a request.
authority: Sections 302, 311, 312, 322, 324, 325, 327, 328, and 329 of the Emergency Planning and Community Right-To-Know Act of 1986 (EPCRA) (Pub. L. 99-499, 100 Stat. 1613,
42 U.S.C. 11002,
11021,
11022,
11042,
11044,
11045,
11047,
11048,
and
source: 73 FR 65478, Nov. 3, 2008, unless otherwise noted.
cite as: 40 CFR 370.61