United States
                    Environmental Protection
                    Agency
                             Solid Waste And
                             Emergency Response
                             (OS-120)
           EPA 550-F-93«002-«>7
           January 1S&3
           Series 9, No.3
 v>EPA     Making It Work

                    Secrets  Of Successful
                    SERCs
Put It In Writing
Written by-laws can
make the difference
between organization
and chaos.

The 1986 Emergency
Planning and
Community Right-to-
Know Act outlined the
basics of what a SERC is
and what it's supposed to
do: collect and distribute
Title HI data, establish
Local Emergency
Planning  Committees
(LEPCs)  and supervise
their activities, and
review local emergency
plans.

Beyond these broad
guidelines, though, the
law left many of the
specifics of carrying out
Title III to the individual
states. That gives each
SERC the freedom to
tailor its  program to fit
the state's own particular
needs. For example, a
densely populated
 industrial state with
 many chemical facilities
 and a great deal of rail
 and highway transport of
 hazardous materials may
 want to set up a different
 program than a rural
 state.

 However the program is
 structured, it's important
 to have the duties and
Even though the Emergency Planning and Community
Right-to-Know Act (commonly known as Title III) is a
federal law, the real job of making it work takes place
most often at the state and local level. Citizens' groups,
local emergency responders, business people, and
government officials all play a critical part in reducing
the risk from chemicals in the community. Because all
these groups don't always have the chance to talk
directly to one another, E".\ publishes the Mating It
Work bulletins as a forum for people in the Title HI
community to trade ideas and exchange information.
(For more detailed discussions  of some of the state
activities mentioned in this publication, see the
"SuccessfulPractices in Title HI Implementation" series
of bulletins listed on page 11.)

In this issue, a number of State  Emergency Response
Commissions (SERCs) share their "secrets" about what
makes a Title III program work at the state level:

     Having written by-laws that clearly establish
     procedures and responsibilities;
•    Delegating jobs and authority to all SERC
     members;
     Managing and using Title III information in
     creative ways;
 •    Providing assistance to LEPCs;
 •    Finding a variety of sources of funding; and
     Being proactive rather than just following the
     letter of the law.

 As it turns out, there's very little secret about most of
 these practices—the most important factors in creating
 an effective state Title III program areenergy, creativity,
 dedication, and leadership.
authority of the SERC
clearly spelled out, either
through state legislation,
an executive order from
the governor, or some
other formal means. It
may seem like yet
another burden of
paperwork, but the
alternative can be a
muddle of confusion
over who's responsible
for what.
Before Maine enacted its
own state right-to-know
law in 1989, many issues
came  up that were
difficult to settle among
all the groups involved in
emergency response,
says David Brown of the
Maine SERC. The
process of writing a state
law helped to focus the
debate and establish
clear  and orderly
procedures.

The first order of
business was to copy and
codify the requirements
of the federal Title in
into the state law, says
Brown. "We found that
this was very important
 in order to make
 compliance easier and to
 make things easier to
 understand," so that
                                     Printed on Recycled Paper

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lull
     people wouldn't have to
     run to the federal
     documents whenever a
     question came up.

     "Then we added the
     specifics that would be
     unique for Maine," says
     Brown. For example, the
     state law mandated that
     facilitiesdevelop
     gmejrgency plans and
    i^conductannual	'	\	BI|I|II^
     exercises, ami'that an	
     environmental group be
     included on the SERC
     and on each, qf Maine's
     16 LEPCs.  It set term
     limits for ncjn-permanent
    SERC members, with
    expiration dates
    staggered so that new
    members ar^ folded in
    gradually.
        ;K ;	;r,;[<<%•.V  |.!':V
    An important part of
    writing by-laws for a
    SERCJs toj^blish
    who's in charge. "It's
    absolutely necessary" to
    have a designated lead
    agency, says Brown. "If
    that position of
    leadership is abdicated,
    then the splinter groups
    will go off in ten
    different directions."
        	  	• :>:	 :.	VKi,*..
    In Maine, as in many
    states, the SERC is
    headed by the state
    emergency management
  j. agency", But the]	"  	"" '
 i	LreSpojisitulities pf other
',. "	, agencies'—
    environmental
    protection, police, etc. —
    alsq were spelled out
    clearly either in the
    statute or in an executive
    order from the Governor
    that "fleshed put the little
   details," according to
   Brown.
  Rules governing each
  agency's participation in
  the SERC should specify
  positions, not
  individuals, so that when
  key people leave, their
  replacements will know
  what their roles and
  duties are.  In Maine, the
  commissioner of th§
  department of public
  safety is required by
  executive order to name
  a state police person to
  sit on the SERC. But if
  that person can't make a
  meeting, the
  commissioner is
  responsible for making
  sure that someone else
  does attend. That way,
 .thejSERC is nejer
;' without a quorum!

  After Maine passed its
  state right-to-know law,
  the SERC then produced
  a "plain English" primer
 that put the new law into
 ordinary language so that
 LEPCs, facilities,
 firefighters, and other
 groups would be even
 more clear about what
 was required of them.
  , • •  ,1	\	   '",	i
 As a result, says Brown,
 "We've, moved from
 feeling our way around
 in the dark to a situation
                                                                Delegate!
                                                                The lead agency
                                                                shouldn't do everything.
                                                                Thafs what the SERC is
                                                                for.

                                                                Along with money, the
                                                                resource that every state
                                                                Title III program needs
                                                                most desperately is
                                                                manpower.  Effective
                                                                SERCs have learned to
                                                                spread the workload
                                                                around to as many
                                                                people as possible so that
                                                                the lead agency—the
                                                                agency responsible for
                                                                administering the state's
                                                                Title HI program—
                                                                doesn't become
                                                                overburdened.
                                     , where most of the	
                                      LEPCs have conducted
                                      at least one exercise,
                                      most facilities have
                                      submitted an emergency
                                      plan for review, and 95
                                      percent of our facilities
                                      that; have hazardous
                                      materials are now
                                      registered with us." •
 "Delegation is the first
 logical step," says
 Delaware SERC
 representative Gordon
 Henderson.  "You sure
 as heck don't want to set
 up a' bureaucracy, even if
 you did have the
 money."

 It starts with using the
 resources that are already
 on hand, beginning with
 the other state agencies
 represented on the
 SERC. When Title III
passed in 1986, there
was no additional money
provided to perform its
functions, says
Henderson, so Delaware
                           divided the new
                           responsibilities among
                           agencies that already
                           were doing similar jobs.
                           The state EPA, for
                           example, had been
                           handling chemical
                           release notifications from
                           facilities, so it took on
                           Title Hi's additional
                           requirements. The
                           public health department
                           expanded its collection
                           of worker-right-to-know
                           information to include
                           reports required under
                           sections 311 and
 Once the jobs are
 delegated, it's important
 for the lead agency to
 coordinate all the efforts
 into a single coherent
 program. Agencies
 working on chemical
 emergency planning, for
 example, should be
 aware of who is
 collecting TRI (Toxic
 Release Inventory) data
 collected under section
 313, which may be of
 value to them. Similarly,
 state agencies that handle
 risk assessment, clean
 air, transportation, and
 other programs related to
 Title HI should be
 encouraged to join the
 SERC and add whatever
 help and resources they
 can. This is particularly
 important since the 1990
 passage of two new laws
 that could affect SERC
 activities significantly —
 the Clean Ah Act
 Amendments (CAAA)
 and the Hazardous
Materials Transportation
Uniform Safety Act
(HMTUSA).
                                                                      1 Lit t> i  Hill1.  '• u '

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Participation in the
SERC isn't limited to
government agencies,
however. Each state
should aim to create a
balanced and active
commission that
represents all sectors of
the community, then
make sure that each of
the members takes an
active role. "We are
demanding of our SERC
members," says Ohio
SERC chairman Grant
Wilkinson. "If they miss
two meetings in a row
and don't have a good
reason for it, we remove
them from the
commission."  Wilkinson
also encourages lots of
interaction in SERC
meetings, not only
among commission
members but with the
audience as well: "I
don't generally let
someone sit there
without saying
something." As a result,
he says, Ohio's SERC
meetings have been well-
attended and productive.

"This has to be a
dynamic process if it's
going to work," says Joe
Quinn of the Nevada
SERC.  "New members
should be brought in
regularly — new blood,
if you will." In Nevada,
transportation of
hazardous chemicals has
become more of an issue
recently, so
representatives from
railroads and the
trucking industry are
being introduced into the
SERC.

One key "player" on any
SERC has to be local
industry, says Quinn.
"The public sector
cannot set itself up in
automatic opposition to
                  What the Law Says about SERCs
   According to section 301 of the Emergency Planning and Community Right-to-Know
   Act (EPCRA) — also known  as Title ill  — each State Emergency Response
   Commission (SERC) is required to:

   •    "...designate emergency planning districts in order to facilitate preparation
        and implementation of emergency plans."

   •    "...appoint local emergency planning committees [LEPCs]members...and
        supervise and coordinate the activities of such committees..."

   •    "...review the [LEPC] plan and make recommendations to the committee...
        necessary to ensure coordination of such plans with...plans of other [LEPCs]..."

        "...notify the Administrator of facilities subject to...[section 302]...by notifying
        the Administrator of:

               1) each notification received from a facility under subsection (c) and,
               2) each facility designated by the Governor or State emergency
               response commission..."

        "...establish procedures for receiving and processing requests from the public
        for information...;" and

        "Upon receipt of a request for tier II information... (from a state or local
        official)...request the facility owner or operator for the tier II information and
        make available such information to the official."
the private sector—it's
got to be a partnership."

The Nevada SERC has
been very successful in
getting real participation
from its industrial
members: a chemist
from a local mine might
give a training course, or
a facility might donate
use of its vehicles to haul
equipment. The
companies are generally
happy to help, says
Quinn. "The PR doesn't
hurt them at all, and it's
of mutual benefit.  They
live here, too. Their kids
go to the same schools."

Including state political
figures as active
members of the SERC
also is "critical," says
Quinn.  "Without that
conduit to the legislative
body of the state, the
SERC is not going to be
anywhere near as
effective as it should be.
If it works correctly, [the
SERC] can be a
tremendous force in
getting needed
legislation passed."

As the numbers of
people involved in Title
III issues grow, the
SERC membership could
become unwieldy.  To
avoid this, it may be
helpful to create
committees and working
groups for ongoing jobs
that require more
attention.

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                                                                                                         [IP I
 The Maine SERC has
 three standing
 committees for dealing
 with paining, budget,
 and community right-to-
 know issues.  There are
 25 members on the
 training committee
 alone, including fire
 fighters, police, medical
 emergency responders,
 and industry
 representatives. Because
 all these groups have
 their different
 perspectives on
 emergency response, the
 committee hashes out
 whatever disagreements
 might arise over policies
 and  plans before making
 a recommendation to the
 overall SERC for
 approval or disapproval.

 Short-term projects can
 be delegated to
 subcommittees. In
 Connecticut, the SERC
 formed an LEPC
 Advisory Task Force to
 develop a guidance
 manual giving LEPCs a
 basic overview of Title
 III requirements, along
 with sample emergency
 plans and public notices.
 VVith half its members
 drawn from industry and
 half from LEPCs, the
 task force was able to
 tackle a job that the
 SERC would have been
 unable to take on itself.
            I/..' •   '!"
 Advisory committees are
 another way to  get much-
 needed help while at the
 same time brqadening
 the base of support for
Title HI programs within
 the state. R. C. Dawson
serves on a  hazmat
  response advisory
  committee in Virginia,
  one of several such
  groups that provide
  advice to the SERC in a
  specific area where it can
  use more expertise.
  Some advisory
  committees meet
  monthly, others less
  often, depending on the
  tasks at hand. The
 hazmat advisory
 committee involves
 police, firefighters,
 rescue officials, and
 others "from a variety of
 disciplines," says
 Dawson. "Once you
 break down the barriers
 and start networking, you
 open up a whole avenue
 of help."

 In Ohio, a task force set
 up by the state legislature
 to conduct a one-time
 outside review of the
 SERC's activities has
 been helpful as a kind of
 reality check, says SERC
 Chairman Grant
 Wilkinson. With its
 membersiiip drawn from
 the regulated
 community, LEPCs, and
 environmental groups —
 no state employees
 allowed — the task fprce
 can assess how
 effectively the SERC is
 fulfilling its charter and
 recommend how its
 operations might be
 improved. Then, after the
 group makes its report, it
simply disbands instead
of leaving behind
 another permanent layer
of bureaucracy.
  When looking for
  resources to draw into
  the SERC, it's useful to
  think regionally. Many
  chemical safety issues
  extend across state lines
  and even international
  borders.  Neighboring
  SERCs, the federal
  Regional Response
  Team, and EPA's
  regional office all can be
  of help. It may be a
  simple matter of two
  counties on opposite
  sides of a state line
  conducting joint safety
  exercises. Or it may
  involve cooperation on a
 larger scale. In
 Delaware, a recent
 LEPC regional
 conference drew 275
 people from 13 states
 who were able to share
 ideas about solving
 common problems.

 As with most Title III
 work, regional
 cooperation depends on
 people in  different
 organizations in different
 states talking to each
 other and  exchanging
 information about their
 programs.

"The job title I have of
 Title III 'coordinator' is
 pretty descriptive," says
 Delaware's Gordon
 Henderson.  "What I do
 all day long is
 coordinate. I'll be on the
 phone to FEMA, to
 EPA's regional office or
 headquarters, to my
 counterpart in another
 state, or to one of our
 LEPCs, You pick up the
 telephone and you talk to
 a lot of people."

 As SERCs delegate work
 to more and more
 "helpers," the issue of
 legal immunity may
 eventually arise.
 Volunteers who
 participate on LEPCs
 and SERCs may become
 concerned that they are
 legally liable if an
 accident occurs in a
 facility for which they've
 helped to create an
 emergency response
 plan.

 In order to allay these
 fears, states such as
 Arizona have passed
 laws that specifically
 grant immunity to SERC
 and LEPC members.
 Most states have some
 form of liability
 protection for individuals
 involved in emergency
 planning, or have
 existing laws that cover
 volunteers in general.  In
 any case, the SERC may
 want to address this issue
 as it seeks to recruit
people willing to carry
out the work of Title HI. •
                                                                                                 ti in •

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                                         MAKING
                                               IT
                                           WORK
Information that
Informs
Collecting a mountain of
data isri t your goal—
understanding and using
it is.

A large part of Title HI
work is collecting
information — about
facilities, about the
chemicals they handle,
and about the risks these
chemicals pose to the
community. Managing
that flood of information,
and using it in creative
ways, is one of the great
challenges facing any
SERC.

The first concern should
be who's going to collect
the data.  Tier II forms,
Form R reports, Material
Safety Data Sheets, and
other Title III data can
all go to the same state
agency or to several
different ones.  But if the
information is scattered,
it should eventually be
put into a format
compatible with different
uses, or integrated into a
single database that
contains all Tide  III
information in a form
that everyone can use.

Pennsylvania made the
decision that one-stop
shopping was the best
way to go, says SERC
representative Jim
Tinney. One agency
collects all Title III
information, assembles it
into a statewide
computer database, then
sends the updated data
twice a year to LEPCs,
who can plug the latest
 information into dBase,
 CAMEO (Computer-
 Aided Management of
 Emergency .Operations),
 or other computer
 programs of their choice.
 That way, says Tinney,
 instead of having the
 data exist in different
 forms all over the state,
 "We all have up-to-date
 files."
One way for SERCs to
get the most out of Title
III data is to make
LEPCs familiar with the
latest computer database
programs. "Information
is power," says Karl
Bims of the Kansas
SERC, "and one way to
empower the LEPCs is to
support a system that
gets them usable
information."

The Kansas SERC
makes CAMEO software
— which includes
databases on chemicals,
facilities, and
transportation, along
with street maps to assist
planning and response
personnel — widely
available to counties.
The SERC provides the
CAMEO software to any
LEPC that wants it,
along with maps and
local Title III data.
 Once it's up and running,
 the CAMEO database
 includes "names of the
 companies, contacts,
 what chemicals are
 present, where they're
 found, everything," says
 Birns.  "CAMEO is a
 real live link to
 informatioa It's the
 kind of thing that takes
 the program out of the
 theoretical and makes it
 practical."

 Aside from helping
 LEPCs with their
 emergency planning,
 these kinds of powerful
 computer programs
 allow the LEPC to
 establish "linkages" with
 other agencies outside
 the chemical safety
 community, says Birns.
 CAMEO  can be useful to
 officials responsible for
 zoning and highway
planning, or to health
 departments who can use
 it to track private wells
 and septic systems.
 Bims suggests that
counties make CAMEO
data available to road
departments, water
departments, and many
other users so that the
LEPC becomes a
 respected source of
 information.

This empowerment, he
 says, is probably Lie
 single most important
 thing a SERC can do for
 LEPCs. "If the LEPC is
 in a position to be a
 source of good
 information to
 everybody, then they
 become a formidable
 force in their community,
 and they will accrue
 suppdrL People will
 come to them "

 The ultimate goal of
 community "right-to-
 know" laws is to get the
 information out to the
 general public, and here
 too, the SERC can tak<>
 an active role. The first
 thing the Pennsylvania
 SERC did in this regard
 was to establish a
 citizens' reading room
 where the public could
 come in and review
 submitted Title III forms
 on paper. When
 computer automation
 became more widespread
 and affordable, the
 reading room substituted
 a laser-disc "Citizen's
 Access Workstation" for
 the paper files. With
 only a little bit of
 instruction, users from
 the general public can
 create their own queries
 and get copies of Title III
 reports.

People visit the reading
room and make written
requests, says Tinney, or
"they call us on the
phone, and we provide
customized responses."
In order to let the public
know that the service is
available, the SERC
sends out press releases
and does an annual
mailing to every
employer in the state.
Other Title III outreach
activities in Pennsylvania
include seminars for

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 trade groups and
 citizens' associations,
 exhibits at environmental
 conferences, and an
 electronic bulletin board
 carrying general
 information about Title
 III that's accessible to
 anyone with a computer
 modem.

 Currently, says Tinney,
 the Pennsylvania SERC
 is working with a fire
 company and a private
 vendor to develop a way
 for remote users to dial
 directly into the state's
 Title HI data system.
 Using touch-tone voice
 prompts, he says, "You
 could, in effect, order up
 your own fax of a site
 plan or a Tier II or TRI
 form." The system is
 being designed initially
 for emergency
 responders, but
 ultimately, he says, it
 could be made available
 to the public.

This movement to
convert Title III data to
more "user-friendly"
 formats also  is underway
in Hawaii, where the
SERC is using grant
money from  EPA to
install computer displays
in public places such as
libraries. The system
would use hands-on,
interactive video displays
to present basic
information about j
chemicals in the
community.
 In Minnesota, the SERC
 found that it was
 routinely asked for
 information about Title
 III by citizens' groups
 around the state. But,
 says SERC
 representative Bob
 Dahm, "What can you do
 with a bunch of handouts
 and a six-foot table?"

 So, using grant money
 from EPA, the
 Minnesota SERC
 developed a portable
 display booth —
 complete with photo
 panels explaining how
 facilities use chemicals
 and what Title III is all
 about — that could be
 used as a traveling
 exhibit Along with the
 booth, the SERC
 produced a video and
 printed booklets that
 could be handed out to
 the public.

The first stop on the
"tour," says Dahm, was
the Minnesota State Fair.
After that, the booth
traveled to meetings of
fire chiefs,
environmental
conferences, citizens'
groups — "anywhere we
found a large enough
audience." The SERC
also has made the booth
available to any county
that wants to display it in
shopping malls or other
public forums.
 Minnesota's other
 outreach efforts include
 developing a speaker's
 kit for people giving
 talks to citizens groups
 and producing public
 service announcements
 that have aired on local
 radio stations.
 Interestingly, the SERC
 found that television
 commercials were not
 the best way to spread
 the word. "We were
 tcld by stations, 'We'll
 air [a public service
 announcement], but it
 will be somewhere
 between the 53rd
 episode of / Love Lucy
 and the Home Shopping
 Channel,'" says Dahm.
"For the cost of
producing something
like that, we decided it
wouldn't be money well
spent." •
 LEPCs: How You
 Can Help
 The local level is -where
 most of the work is—
 and should be — done.
 If SERCs often find
 themselves strapped for
 resources, the situation
 can be even worse at the
 local level. Because
 LEPCs often receive very
 little direct financial
 support, says Delaware's
 Gordon Henderson, "You
 start having LEPCs run
 on sort of a bake-sale
 basis, scrounging for
 filing cabinets or xerox
 machines." The result,
 he says, is that "A lot of
 them were feeling
 alienated, saying, 'We're
 the ones who have the
 liability if the plant fails,
 but nobody's talking to
 us."1

 There are a number of
 ways a SERC can help.
 One way is to help
 LEPCs get organized by
 giving them guidance on
 writing their own by-
 laws. What's true  for
 states also is true at the
 local level: Without
 written rules, the
 implementation  of Tide
III can dissolve into
chaos.

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The Arizona SERC
discovered a simple way
to be of assistance in this
area.  After one county in
the state, Cochise,
produced a good,
workable set of by-laws
— covering everything
from where the LEPC
office was located to
who was responsible for
public information — the
SERC merely sent the
Cochise by-laws around
to each of the other 15
Arizona LEPCs as a
model to copy or adapt
to their own needs.
"Why reinvent the
wheel?" says Carl Funk
of the Arizona SERC.
Since then, half of the
state's LEPCs have
adopted their own by-
laws.

SERCs can help LEPCs
in other ways, by
running public
information campaigns
to draw volunteers, or by
providing general
guidance and relevant
documents on state and
federal Tide III
requirements.

By law each SERC also
is required to conduct
regular reviews of LEPC
emergency plans. Here
the  SERC's oversight
can be of immeasurable
help in making sure that
local communities are
building an effective
Title III program.
 Virginia is a good
 example of a state that
 "takes care" of its
 LEPCs by offering
 expert guidance on
 emergency planning. A
 branch within the state's
 emergency management
 agency takes
 responsibility for helping
 LEPCs to develop their
 emergency plans. The
 branch reviews the
 plans, sends them back
 with recommendations,
 and conducts training
 courses to help LEPCs
 solve their problems if
 the plans don't meet
 certain criteria. These
 courses are often group
 sessions where several
 LEPCs that have similar
 problems can compare
 notes.  After the group
 session, a state
 representative follows up
 to address the individual
 issues in each
jurisdiction.

The other important
 supervisory role that
 SERCs have is to
 provide guidance in
 creating training
 programs. Here again,
 Virginia offers an
 extensive program.
 Each year, the SERC
 puts on two to three
 contingency planning
 courses, along with two
 emergency exercise
 design courses, at least
 two conferences for
 public officials (which
 may include LEPC
 members), and 60 to 70
 courses for hazardous
 materials responders.
The courses are free to
all attendees and are
offered at different
locations around the state
— because, says SERC
representative Norman
McTague, "It's a heck of
a lot easier to get people
to drive 100 miles than
200 or 300 miles."

As part of its LEPC
outreach program,
Virginia (through a grant
from EPA) also has aired
a full-day satellite TV
program on Title III
emergency  planning,
complete with call-in
from the LEPCs.  The
emergency  management
agency also keeps four
people "in the field" to
help support the 114
LEPCs in the state. Asa
 result, says McTague,
 "We keep in fairly close
 contact all the time."

 When the SERC can't go
 to the LEPCs, the LEPCs
 can come to the SERC.
 One simple way is to
 hold statewide meetings
 so that people from
 different jurisdictions
 can share ideas. Often,
 says Sue Vaughn of the
 Connecticut SERC,
 "There's no other
 mechanism for LEPC
 members to get together
 and exchange ideas."

 Michigan has had great
 success with its annual
LEPC conference, says
SERC  representative
Diane Ogrea With 97
LEPCs in the state, the
conference draws an
attendance of some 250

  One LEPC has a problem. Another has the solution. The
  trouble is, they're on opposite sides of the state and
  neither one is aware of what the other is doing.

  That'swhere the "peer exchange" grant program sponsored
  by EPA and the International City Management
  Association (ICMA) comes in. LEPCs can apply to the
  program to serve either as "advisors" or "recipients" of
  assistance. Atthe ICMA offices in Washington, D.C., the
  applications are entered into a database that matches
  LEPCs who have specific needs with those who offer that
  same expertise.   The two parties get together for a
  workshop, compare notes and both go home a little wiser.
  The grants cover up to $600 of travel costs and other basic
  expenses for workshop attendees.

  ICMA expects to award approximately 30 of these peer
  exchange grants in 1992. To receive an application, write
  to  Sarith Guerra, International City Management
  Association, 777 North Capitol Street ME, Suite 500,
  Washington DC 20002, or call (202) 962-3649.

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                                         MAKING
                                          WORK
people each year, who
hear presentations and
trade informatioa "We
don't just invite LEPC
members," says Ogren.
"We also invite members
of hazardous materials
response teams, so the
planners and the
responders get a chance
to interact." Carl Funk of
Arizona agrees that the
rejuvenation that takes
place at these statewide
meetings justifies paying
travel expenses for
LEPC members to be
there. It's a good way,
he says, of "maintaining
constant contact."

SERCs also can
encourage neighboring
LEPCs to share
emergency equipment
and other resources
through mutual aid
agreements.  The
Minnesota SERC
currently is putting
together a database  of
emergency response
personnel, equipment,
and supplies that could
be made available to all
local governments within
the state. The
information would go
into a database tended by
a 24 -hour duty officer.
That way,  says Bob
Dahm, "When someone
calls and says they need
[emergency equipment]
in a hurry, you call  the
duty officer and he  pulls
up the list of sources."
Cooperative agreements
across political
boundaries also extend to
Minnesota's dealings
with Indian reservations,
which are sovereign
nations. The state has a
Memorandum of
Understanding with the
Minnesota Chippewa
Tribe whereby the tribe
works in cooperation
with the SERC, sharing
planning, training, and
response resources as
well as facility
information.

Mutual aid agreements
are just a matter of
common sense, says Joe
Quinn of the state of
Nevada, which has set
up "Project Oasis" to
integrate information
about regional resources
and response capabilities
into a single
comprehensive computer
database.  "There's no
way some rural districts
can support a hazmat
team of their own," says
Quinn, "whe^as if the
resources are focused, a
regional team is a much
more logical approach to
the problem — and a lot
more economically
feasible." •
Paying the bills
Money is always a
problem, but for most
SERCs there's more than
one source of revenue.

No Title III program can
run without funding, of
course, and the perpetual
battle to raise money
preoccupies many a
SERC chairperson.

Most states appropriate
some amount of public
funds in their annual
budget for Title III
programs.
Another option is to do
what many states already
have done: establish fees
for industry who file
reports under Tide III.
Maine, for example,
established a fee system
based on the amount of
hazardous chemicals
stored at each facility
(with a ceiling of $5,000
per facility per year).
Not only does that raise
revenue, it also
discourages facilities
from storing large
amounts.  According to
the 1991 edition of the
National Governors
Association's
publication, Emergency
Planning and
Community Right-to-
Know: A Status of State
Actions, 18 states have
Title III fee systems in
place, while two others
have fee programs that
provide funds to support
Title HI activities. Ten
other states plan to
introduce fee bills during
their 1992 legislative
sessions.

Be warned, however if
you don't already have a
fee system, getting the
legislation through the
statehouse may be a long
process. In Delaware it
took three years to agree
on a bill that wasn't
considered too
burdensome on industry.
"That wasn't easy
legislation to draft," says
Gordon Henderson. "I
remember spending an
hour and a half one day
on the committee just
trying to say 'gas station'
in legal language."

The key to success, he
says, is to get industry
actively involved in the
process of creating a fee
system from the start,
instead of springing it on
the facilities without
their participation.

"You have to work with
the community that
you're  regulating,"
Henderson says.
"Industry wanted
something that would
work.  Better to have a
good, workable system
that [they] helped to
develop than to let a
bunch of bureaucrats do
it."

Before establishing its
fee system, the Delaware
SERC set up a
subcommittee with
                                                8

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 members from industry,
 fire fighters, and state
 representatives (who
 head two of the state's
 LEPCs).  The
 subcommittee worked
 out several compromises,
 including exemptions for
 non-profit associations.
 But even if there are
 compromises, the result
 can be thousands of
 additional dollars coming
 to the SERC every year,
 and a way to decrease its
 reliance on general
 appropriations.

 In some states, money
 from fees or
 appropriations are passed
 through directly to
 LEPCs. In others, the
 SERC itself administers
 the funds, which can be a
 good way of keeping
 abreast of local activities.

To qualify for grants,
 Wisconsin LEPCs have
to be able to  show that
they did a certain amount
of work, says William
Clare of the Wisconsin
SERC. "They don't
automatically get the
grant whether they do
something or not." The
SERC uses a formula
based on population and
the number of planning
and reporting facilities to
determine grants that
cover each LEPC's
planning and
administrative costs.
Grants also can provide
matching funds for
computer equipment and
emergency response
equipment. Along with
their grant application,
however, the LEPC is
 required to fill out a
 work plan detailing its
 planned activities in
 developing emergency
 response plans,
 conducting emergency
 exercises, and meeting
 other requirements of
 Title HI. If any of these
 milestones are not met, a
 percentage of the total
 grant is deducted for
 each task the LEPC has
 not completed. That
 way, says Clare, funding
 is tied to performance,
 and the state gets the best
 possible result from its
 appropriated money.

 Civil action settlements
 and fines for non-
 compliance can be
 another source of
 revenue. Although
 "We've discovered that
 encouragement works a
 lot better," says David
 Brown of the Maine
 SERC, "We'll still do it
 [enforcement]. We're not
 going to ignore
 violators."

 Even when it isn't
 mandatory, facilities in
 the state can be an
 important source of
 financial help. "One of
 the things we found [in
 Delaware] is that all you
have to do is ask
 industry," says
 Henderson. "We haven't
 been turned down yet."

 He advises that SERCs
 ask not for money  so
 much as specific services
— perhaps free training
courses or secretarial
 help. These kinds of
 industry donations "have
 magnified our Title HI
 budget a hundred-fold,"
 says Henderson. For one
 regional LEPC
 conference, a company
 donated the conference
 center, the food, and the
 audiovisual equipment,
 as well as printing the
 conference program.
 The cost to the facility
 was over $35,000,
 which, says Henderson,
 is "twice my whole
 year's training budget"

 Along with state
 appropriations,
 application fees, and
 industry donations,
 SERCs also receive
 funds from the federal
 government. EPA has
provided a limited
number of grants for
everything from
community outreach to
training programs, and
the Federal Emergency
 Management Agency
 (FEMA) has provided
 grants for training.

 Beginning in fiscal year
 1993, a portion of fees
 collected under the
 Hazardous Materials
 Transportation Uniform
 Safety Act (HMTUSA)
 of 1990 will be applied
 to state and local Title IE
 programs: a total of $5
 million for annual
 planning grants to states
 (with 75 percent of that
 amount passed through
 to LEPCs) and $7.8
 million in annual
 emergency response
 training grants to states
 and Indian tribes (with
 75 percent going to train
 public employees,
 primarily firefighters).
 LEPCs should contact
 the state agency
 designated by tiie
 Governor as the primary
lead for the HMTUSA
program to learn more
 about the state's planning
grant application. •
SERC representatives mentioned in
Arizona
Connecticut
Delaware
Hawaii
Kansas
Maine
Michigan
Minnesota
Nevada
Ohio
Pennsylvania
Virginia

Wisconsin
Carl Funk
Sue Vaughn
Gordon Henderson
Mark Ingoglia
Karl Birns
David Brown
Diane Ogren
Bob Dahm
Joe Quinn
Grant Wilkinson
Jim Tinney
Norm McTague
R.C. Dawson
William Clare
this bulletin:
(602) 231-6399
(203) 566-4856
(302)834-4531
(808) 543-8249
(913)296-1690
(207) 289-4080
(517) 334-5107
(612) 643-3002
(702) 687-4240
(614) 644-2782
(717) 783-2071
(804) 674-2459
(804) 270-2931
(608) 266-1509

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Get Active!
The best SERCs go
beyond the letter of the
law.

Being a successful SERC
means looking for
innovative programs in
unexpected places and
encouraging
participation from every
sector of society. It also
means keeping the spirit
of Title HI in mind,
rather than just fulfilling
the letter of the law.

"You can't wait for
legislation," says Joe
Quinn of the Nevada
SERC. "You've got to be
very proactive."
Many SERCs already
have most of the
ingredients they need to
be successful — the next
step is organization,
followed by learning
what others in their
region and around the
country are doing to
further the goal of
        safety.
        EPA Regional Title III Offices
"When I took this job,"
says Gordon Henderson
of the Delaware SERC,
"I thought. This is never
going to work.
Government people and
industry are not
supposed to be able to
cooperate.'"
Nonetheless, he says he's
learned that SERCs
really can accomplish
good things: 'Title in is
an idealistic dream that
shouldn't be working,
but is." •
 EPA - Region 1
 New England Regional Lab
 60 Westview Street
 Lexington, MA 02173
 617-860-4301
 (CT, MA, ME, NH, RI,
 VT)

 EPA - Region 2
 2890 Woodbridge Avenue
 Edison, NJ 08837-3679
 908-321-6620
 (NJ. NY, PR, VI)

 EPA - Region 3
 Oil & Title HI Section
 841 Chestnut Street
 Philadelphia, PA 19107
 215-597-5998
 (DE, DC, MD, PA, VA,
 WV)

 EPA - Region 4
 345 Courtland Street, ME
 Atlanta, GA 30365
 404-347-1033
 (AL,FL,GA,KY,MS,
 NC.SC.TN) .

 EPA - Region 5
 77 West Jackson HSC-9J
 Chicago, IL 60604-3590
 312-353-1964
 (IL,IN,MI,MN,OH,WI)
 EPA - Region 6
 Allied Bank Tower
 1445 Ross Avenue
 Dallas, TX 75202-2733
 214-655-2270
 (AR,LA,NM,OK,TX)

 EPA - Region 7
 ARTX/TOPE/TSCS
 726 Minnesota Avenue
 Kansas City, KS 66101
 913-551-7308
 (IA, KS, MO, NE)

 EPA - Region 8
 One Denver Place
 999 18th Street, Suite 500
 Denver, CO  80202-2466
 303-293-1723
 (CO, MT, ND, SD, UT,
 WY)

 EPA - Region 9
 75 Hawthorne Street (H-l-2)
 San Francisco, C A 94105
 415-744-2100
 (AS, AZ, CA, HI, NP, NV,
 GU)

 EPA - Region 10
  1200 6th Avenue (HW-114)
 Seattle, W A 98101
 206-553-4349
  (AK, ID, OR, WA)
                                                10

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                         WANT MORE INFORMATION?
 To provide additional insight into the various programs and
 activities discussed in this publication, EPA has published
 many documents that might be helpful in implementing Title
 III at the state level. Below is a partial listing of documents
 available through the Emergency Planning and Community
 Right-to-Knpw Information Service:

        EPCRA Information Service
        US EPA (OS-120)
        401 M St. S.W.
        Washington D.C. 20460
        Telephone:  1-800-535-0202

 Chemicals in Your Community: A Guide to the Emergency
 Planning and Community Right-to-Know Act (OS WER-90-
 002), September 1988.

 Computer Systems for Chemical  Emergency Planning
 (Technical Assistance Bulletin 5) (OSWER-89-005),
 September 1989.

 Criteria for Review of Hazardous  Materials Emergency
 Plans (NRT-1A), May 1988.

 Digest of Federal Training in Hazardous Materials (FEMA
 134), July 1987)

 Guide to Exercises in Chemical Emergency Preparedness
 Programs (OSWER-88-006), May 1988.

Hazardous Materials Emergency Planning Guide (NRT-1),
 March 1987.

It's Not Over in October: A Guide for Local Emergency
 PlanningCommittees;ImplementingtheEmergency Planning
 and Community Right-to-Know Act  of 1986 (OSWER-90-
 004), September 1988.

Managing Chemicals Safely (EPA-510-K-92-001), March
 1992.

Risk Communication About Chemicals In Your Community:
A Manual for Local Officials (EPA  230/09-89-066), EPA/
 FEMA/DOT/ATSDR.
 Successful Practices in Title III Implementation, Volumes 1-
 9. A series of bulletins highlighting state and local Tide HI
 programs that are particularly innovative or effective. Each
 bulletin profiles the activities of several different SERCs and
 LEPCs, along with "lessons learned" and contacts for tnore
 information.

 Successful Practices #1 (OSWER-89-006.1), January 1989.
        State of Kansas
        Washtenaw County, Michigan
        Butler County, Kansas
       Jefferson County, Kentucky

 Successful Practices #2 (OSWER-89-006.2), August 1989
       Calhoun County, Alabama
       Pampa, Texas
       Cuyahoga County, Ohio
       Racine County, Wisconsin
       State of Idaho

Successful Practices #3 (OSWER-89-006.3),December 1989.
       Woodbury County, Iowa
       State of Virginia
       Fairfax County, Virginia
       Pierce County, Washington

Successful Practices #4 (OSWER-90-006.1), March 1990.
       New York, New York
       El Paso County, Colorado
       Alexandria, Virginia
       State of Maine

Successful Practices #5 (OSWER-90-006.2), June 1990.
       Tinker Air Force Base, Oklahoma
       State of Connecticut
       Cumberland County, Maine
       Wyandotte County, Kansas

Successful Practices #6(OSWER-90-006.3),September 1990.
       State of Ohio
       Hamilton County, Ohio
       Wallingford, Connecticut
       Ouachita Parish, Louisiana
                                                 11

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SuccessfulPractices#7(OSWER-91-006.1),February 1991.
       Cameron County, Texas
       Bucks County, Pennsylvania
       Harford County, Maryland
       Dallas County, Texas

Successful Practices #8 (OSWER-91-006.2), October 1991.
       Cherry Hill, New Jersey
       Manitowac County, Wisconsin
       Green County, Missouri
       State of Hawaii
       Arapahoe County, Colorado

Successful Practices #9 (OSWER-92-006.1), September 1992.
       Natrona County, Wyoming
       Erie County, New York
       State of Arizona
       Mohave County, Arizona
Title III List of Lists (Consolidated List of Chemicals Subject
to Reporting Under the Emergency Planning and Community
Right-to-Know) EPA 560/4-92-011, January 1992.

Tort Liability in Emergency Planning (OSWER-89-007),
January 1989.

When All Else Fails! Enforcement of the Emergency Planning
and Community Right-to-Know Act (OSWER-89-010),
September 1989.
      v-xEPA
      United States
      Environmental Protection
      Agency (OS-120)
      Washington, DC 20460
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