In response to emergency incidents involving Hazardous incidents the U.S. Congress passed the Superfund Amendments and Reauthorization Act (SARA) in 1986. Title III of SARA is a free standing statute known as Emergency Planning and Community Right to Know Act (EPCRA). This created the State Emergency Response Commission (SERC) and a network of Local Emergency Planning Committees (LEPC's). Delaware has four LEPC's: one for each county and the City of Wilmington. The SERC approves their membership, provides funding, guidance supervision and oversight. The funding is provided by a fee on Hazardous Materials used by companies in the state.
The SERC is appointed by the Governor. LEPC's report to the SERC at their regular meetings. In New Castle County an existing organization, the New Castle County Hazardous Materials Advisory Council was asked to become the LEPC. The LEPC's are required to have broad representation from many groups including: State and local officials, Media, Law Enforcement, Fire Service, EMS and Health Care, Environmental, Community groups and Citizens and Industrial Facilities that use Hazardous Materials. A major strength of the NCC LEPC is the strong industry participation in the LEPC and the county Haz Mat Team (NCCIHMRA).