Under Section 312 , if a local emergency planning committee (LEPC) requests a TierI/II from a facility owner/operator for a substance which is exempt (either under EPCRA, Section 311(e), or the OSHA Hazardous Communication Standard, 29 CFR 1910.1200(b)), are they required to comply with the request? If the LEPC requests Tier II information for the substance using their authority under Section 303(d)(3) would the facility owner/operator be required to submit the requested information?
Under Section 312, since the substance is exempt, the facility would not need to include information on the substance in their Tier I/II report. Therefore, if the LEPC requests Tier II information from the facility under Section 312(e) on the exempted substance, the facility is not required to comply with the request.
However, if the facility is subject to emergency planning under Section 302 of EPCRA, then the LEPC would have the authority (Section 303(d)(3)) to request any information necessary for developing and implementing the emergency plan. Such information may include Tier II information if the information is necessary for Section 303 planning purposes.