Guide for Request and Release of Information

Montgomery City/County Local Emergency Planning Committee (LEPC) will make the fullest possible disclosure of records to the public consistent with the provisions of 42 U.S.C., Section 324, the Emergency Planning and Community Right-to-Know Act, also known as EPCRA, the Superfund Amendments and Reauthorization Act (SARA) of 1986 and Alabama’s Freedom of Information Act.

For public safety reasons, any blanket public records request for Tier II information may be denied. Public records do not include records set forth to determine vulnerability and risk assessments, potential targets, specific targets or specific emergency procedures, the disclosure of which would jeopardize the safety of government or facility personnel, the public, the security of any governmental facility, building, structure, or information storage system. Other information may be withheld and is delineated in this document.

All information obtained from an owner or operator pursuant to EPCRA and any requested Tier II form or Safety Data Sheet (Formerly referred to as the Material Safety Data Sheet or MSDS) in possession of the LEPC shall be made available to the person submitting the request under this guide. The LEPC shall withhold from disclosure the location of any specific chemical identified in the Tier II Report form.

All information to be photocopied by any member of the public shall be provided at the sole expense of such person requesting the information. The cost of such photocopying will be set from time to time by the LEPC Secretary, with approval of the LEPC Committee, at a level which will enable the LEPC to recover all reasonable expenses associated with processing the request.

Request for SDS and Other Non-Confidential Information

Any person may obtain an SDS with respect to a specific facility by submitting a written request to the LEPC on a Public Information Request Form. Any person may obtain any other non-confidential information in the possession of the LEPC by submitting a written request to the LEPC on a Public Information Request Form.

If the LEPC does not have the above requested information in its possession, the LEPC Secretary shall request a submission of the SDS from the owner or operator of the facility that is the subject of the request. The LEPC will only make requests to specific facilities for information, which is required to maintain or collect pursuant to applicable law.

Request for Tier II Information

Any person may request Tier II information with respect to a specific facility by submitting a written request to the LEPC in accordance with the requirements of this document.

If the LEPC does not have it its possession the Tier II information requested, it shall request a submission of the Tier II Report form from the owner or operator of the facility that is the subject of the request, provided that the request is from a state or local official acting in his or her official capacity or the request is limited to hazardous chemicals stored at the facility in an amount in excess of threshold planning quantities.

If the request for Tier II information does not meet the above requirements, the LEPC may request submission of the Tier II Report form from the owner or operator of the facility that is the subject of the request if the request includes a specific statement of need.

Trade Secrets

Except as provided in this document, all information submitted to the LEPC by facilities pursuant to EPCRA shall be public information. Montgomery City/County LEPC will follow the requirements in Title 40, Chapter I, Subchapter J, Part 370.

Pursuant to Section 312 and Section 214(a) of EPCRA, the location of specific chemicals requested to be submitted with Tier II information shall be maintained as confidential by the LEPC provided that a claim of confidentiality is submitted with the information and satisfies all applicable requirements for such claims under EPCRA and any regulations promulgated pursuant to the same. Such information shall be exempt from disclosure by the LEPC or until such time as:

a. An authorized governmental agency, and if applicable, a court or competent jurisdiction makes a final determination following any appeals, that such information is not subject to a valid claim of business confidentiality or trade secret; and
b. The LEPC receives a written notice of such determination.

Timely Provision of Requested Information

The LEPC will act with due diligence in providing the requested information in a timely fashion. Responses to requests for information should be addressed within forty-five (45) days of the request. If it appears that a response will take longer than 45 days, the inquirer should be contacted at or near the 45 day mark and notified of the delay, the reason(s) for the delay and the approximate date of response.


Complete the Public Information Request Form to request information from the Montgomery City/County Local Emergency Planning Committee.

1. Open the link to the Public Information Request Form.

2. Download and open in Adobe Acrobat.

3. Use Fill and Sign to complete the form.

4. Email to ema@montgomeryal.gov