LEPC History

LEPC Creation

The Superfund Amendment and Reauthorization Act of 1986 (SARA) has substantially increased the role of the public in an important environmental program. In accordance with SARA, each county in South Dakota was directed to establish a Local Emergency Planning Committee (LEPC), composed of certain elements of both government and private industry, as well as the media and local environmental organizations. SARA’s implementation creates a significant opportunity for citizens and a major challenge to government and industry.

Hazardous Chemicals in Our Community

Thousands of chemicals are used by industry every day to produce goods we use. While many of these chemicals provide great benefits, their use also involves potential risks.

Hazardous chemicals are present throughout our community-they are used in industry, in farming, and even in schools and hospitals. You have a right to know what hazardous chemicals are present in your community and what the known risks are. How are these chemicals used and where are they stored? What if an accidental chemical release should occur in Pennington County? Would you know what to do? Are fire and police departments prepared for such an emergency?

What is the & Emergency Planning and Community Right-to-Know Act?

It is a 1986 law which requires communities to plan for emergencies should an accidental release of hazardous chemicals occur. It also provides government and the public with information concerning potential chemical hazards present in our community. This law, the Emergency Planning and Community Right-to-Know Act, is also known as SARA Title III. SARA is short for the Superfund Amendments and Re-authorization Act. Title III is the section of law where the emergency planning and community right-to-know components are found.

What are the major provisions of this law?

The law requires:

  1. State and local governments, along with industry, to have an emergency response plan for chemical accidents to protect public health and the environment.
  2. Industry to report the amount and types of Extremely Hazardous Substances (EHS) it stores and uses.
  3. Emergency notification of chemical accidents and releases.
  4. This information will be made available to the public by the LEPC.

What is an Extremely Hazardous Substance (EHS)?

It is any chemical that could cause serious health problems if it were accidentally released into the environment. More than 350 commonly used chemicals have been classified as Extremely Hazardous Substances. Here are a few examples:

  • Chlorine (disinfectant)
  • Ammonia (fertilizer/refrigeration)
  • Formaldehyde (preservative)
  • Nitric Acid (etching steel)
  • Sulfuric Acid (batteries)
  • Gramoxone (pesticide)


Some of these substances are found in my home. Are they subject to this law?

No. Only facilities that store or use chemicals in specified volumes are covered by this law.

So why should I be concerned?

Thousands of chemicals are used by industry every day to produce goods we use. While many of these chemicals provide great benefits, their use also involves potential risks. You have a right to know which of these hazardous substances are present in your community and what the known risks are.

Who is planning for chemical emergencies in Pennington County?

The Pennington County Local Emergency Planning Committee, with assistance from the Pennington County Emergency Management, is responsible for the planning. Under the law, planning districts are created throughout the state.

What is the role of the public in the planning process?

In order to develop comprehensive emergency plans, community input is essential. It is the goal of the Pennington County Emergency Planning Committee to seek input by offering informational presentations to a variety of groups such as businesses, neighborhood and service organizations.

These presentations will provide an opportunity for direct participation between the Pennington County community and the LEPC.

What other information is available to the public?

Under the law, anyone can request information about hazardous materials stored or used by facilities within Pennington County. Contact the Pennington County LEPC for a listing of facilities that use or store reportable volumes of hazardous substances under SARA Title IIII (Sections 311, 312 & 324). Contact Us