f
fgency Planning and Community
Riglht to Know: Stie Profiles, 1999-2000
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National Governors' Association
Center for Best Practices
Natural Resources
Policy Studies Division
Emergency Planning
and Community
Right to Know:
State Profiles,
1999-2000
by Michelle Hawkins
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Since their initial meeting in 1908 to discuss
interstate water problems, the Governors have
worked through the National Governors'
Association to deal collectively with issues of public
policy and governance. The association's ongoing
mission is to support the work of the Governors by
providing a bipartisan forum to help shape and
implement national policy and to solve state
problems.
The members of the National Governors' .
Association are the Governors of the fifty states,
the territories of American Samoa, Guam, and the
Virgin Islands, and the commonwealths of the
Northern Mariana Islands and Puerto Rico. The
association has a nine-member Executive
Committee and three standing committees—on
Economic Development and Commerce, Human
Resources, and Natural Resources. Through
NGA's committees, the Governors examine and
develop policy and address key state and national
issues. Special task forces often are created to focus
gubernatorial attention on federal legislation or on
state-level issues.
The association works closely with the
administration and Congress on state-federal policy
issues through its offices in the Hall of the States in
Washington, D.C. The association serves as a
vehicle for sharing knowledge of innovative
programs among the states and provides technical
assistance and consultant services to Governors on
a wide range of management and policy issues.
The Center for Best Practices is a vehicle for
sharing knowledge about innovative state activities,
exploring the impact of federal initiatives on state
government, and providing technical assistance to
states. The center works in a number of policy
fields, including agriculture and rural development,
economic development, education, energy and
environment, health, social services, technology,
trade, transportation, and workforce development.
ISBN 1-55877-334-7
Copyright 2000 by the National Governors' Association,
444 North Capitol Street, Washington, D.C. 20001-1512.
All rights reserved.
Funding for this publication was provided under a grant from the U.S.
Environmental Protection Agency.
The responsibility for the accuracy of the analysis and for the judgments
expressed lies with the author; the report does not constitute policy
positions of the National Governors' Association, individual Governors,
or the U.S. Environmental Protection Agency.
Reproduction of any part of this volume is permitted for any purpose of
the U.S. government.
Printed in the United States of America.
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Contents
v Foreword
vii Executive Summary
1 Profiles
CONTENTS
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Foreword
The National Governors' Association (NGA) has been actively involved in right-to-know
and emergency management issues for many years. Since the early 1980s, NGA policies
have called for comprehensive emergency management and chemical safety as well as
supported community and worker right-to-know programs. Following the enactment of
the Emergency Planning and Community Right-to-Know Act under Title III of the
Superfund Amendments and Reauthorization Act of 1986, NGA provided guidance to
Governors' offices and state agencies on the law's implementation. Through conferences,
workshops, and reports, the NGA Center for Best Practices keeps state officials informed
of Tide III issues, challenges, and opportunities. It also provides guidance to Governors
and senior staff on emergency management. In 1993 NGA published^ Governor's Guide
to Environmental Risk Response and, in fall 1997, the Center published an updated edition
of A Governor's Guide to Emergency Management.
This is the ninth National Governors' Association annual report that includes the
characteristics of each state's emergency response commission. The project is funded
through a grant from die Chemical Emergency Preparedness and Prevention Office,
within the U.S. Environmental Protection Agency's Office of Solid Waste and
Emergency Response. The grant also provides funding for the NGA Center for Best
Practices to host technical exchange workshops and national conferences on state
chemical emergency preparedness and prevention activities.
The report was written by Michelle Hawkins and edited by Kathy Skidmore-Williams.
The author wants to thank the many state officials who provided information for this
report.
Joel Hirschhorn
Director, Natural Resources Policy Studies
National Governors' Association
FOREWORD
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Executive Summary
The Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986
required each state's Governor to establish a state emergency response commission
(SERC) and appoint its members. Under EPCRA, the SERC is charged with developing
integrated plans for responding to chemical emergencies and making chemical
information available to the public. State agency priorities, structures^ and funding
determine how a state carries out these responsibilities.
The state profiles in this report provide information on the state laws or executive orders
that formally established the commission, SERC roles and responsibilities, and the state's
relationship with its local emergency planning committees. State approaches to funding
chemical emergency preparedness activities and other information that governs the
operation of the state commission are also included.
EXECUTIVE SUMMARY
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Alabama
Commission Name
Legal Basis
Commission Format
Chairs
Commission Address
Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws
Enforcement Efforts
Potential Liability of
SERCandLEPC
Members
Alabama State Emergency Response Commission (AERC)
Executive Order No. 4
Established March 6, 1987
Two state agencies
Director, Emergency Management Agency
Director, Department of Environmental Management
Alabama Emergency Management Agency
P.O. Drawer 2160
Clanton, Alabama 35046
(205) 280-2234
(Emergency Planning/LEPC and SERC Activities)
Alabama Department of Environmental Management
P.O. Box 301463
Montgomery, Alabama 36130-1463
(334) 260-2700
(Notification Reporting Forms and Data Management)
• Emergency planning: Emergency Management Agency
• Right-to-know: Department of Environmental Management
• Recipient of Section 313 data: Department of Environmental
Management
• The state legislature has not approved funds specifically for chemical
emergency planning.
• LEPC activities receive no funding.
• AERC encouraged the establishment of subcommittees as part of
local emergency planning committees to facilitate Title III
compliance and to improve the effectiveness of the committees.
Subcommittee topics included: vulnerability and hazard analysis,
community awareness, response and preparedness, and training.
• Each of the sixty-seven county LEPCs has submitted local
emergency response plans to the SERC. Annual reviews are
conducted by the Emergency Management Agency.
• SERC and LEPC leadership hold periodic meetings.
• Toxic Substances in the Workplace Act, 1985
• An enforcement program for the state law has not yet been
established.
An Alabama statute provides limited immunity for SERC and LEPC
members when the conduct in question is not grossly negligent,
reckless, wanton, or intentional. It does not protect members whose
own act or omission caused the discharge resulting in damages, nor
does it protect members who received compensation (excluding
out-of-pocket expenses) for advice or assistance.
PROFILES
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Related Information
SERC Members ,
Alaska
Commission Name
Legal Basts
Commission Format
Chairs
• A hazardous materials advisory group was formed to assist the
commission as needed and includes representatives from the
Department of Public Safety, the Department of Public Health, the
Department of Transportation, the Business Council of Alabama,
the Alabama Petroleum Council, the Association of County
Commissioners, the Alabama League of Municipalities, the Alabama
Chemical Manufacturing Association, the Alabama Emergency
Management Council, the American Red Cross, the Alabama Oil
and Gas Board, and other emergency response and support
organizations.
• Executive Order No. 4 states that other advisory organizations may
be appointed by the commission if necessary. In addition, the
commission may receive grants, donations, or gifts of money,
equipment, supplies, and services from any public or private source
to carry out its duties in implementing the provisions of Title III.
• The Plans Branch within the Alabama Emergency Management
Agency is designated as the office of record for SERC meetings and
the point of guidance for the local emergency planning committees.
• AERC has worked with EPA Region IV and FEMA Region IV to
conduct special pilot outreach programs at LEPC workshops.
• The commission established a central reporting number
(1-800-843-0699) for emergency release notification purposes.
• EPA Region IV and AERC are providing CAMEO software to
LEPCs and fire departments to aid in planning, response, and
recordkeeping.
• The Field Operations Division of ADEM maintains chemical
records and spill report data.
Representatives of the Emergency Management Agency and the
Department of Environmental Management. Twenty-three
organizations are represented on a Hazardous Materials Advisory
Group.
Alaska State Emergency Response Commission •
Alaska Statute 26-23-071 establishes the Alaska State Emergency
Response Commission and defines its role in emergency response
planning. Under the law, the commission is responsible for reviewing
and recommending improvements regarding any area of the state's
capability to respond to a catastrophic event.
Nine state agencies and seven members from the general public,
appointed by the Governor.
Commissioner or designee, Department of Military and Veterans
Affairs (co-chair),
Commissioner or designee, Department of Environmental
Conservation (co-chair).
.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES—1999-2000
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Commission Address
Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws
Potential Liability of
SERCandLEPC
Members
SERC Members
Alaska State Emergency Response Commission
c/o Department of Military and Veterans' Affairs
P.O. Box 5750
Fort Richardson, Alaska 99505-5750
(907) 428-7000
www.ak-prepared.com/serc
• Emergency planning and training: Department of Military and
Veterans' Affairs
• Right-to-know: Department of Environmental Conservation
• Recipient of Section 313 data: The commission, in care of the
Department of Environmental Conservation
• The fiscal 1999 budget for all SERC activities is approximately
$730,000.
• The state provides $543,400 in funding to LEPCs.
• Twenty LEPCs have been established (Fairbanks/North Star
Borough, City and Borough of Sitka, Kodiak Island Borough,
Municipality of Anchorage, Ketchikan Gateway Borough,
Matanuska-Susitna Borough, Northwest Arctic Borough, Kenai
Peninsula Borough, Copper River, Petersburg/Wrangell, Northern
Southeast, Denali Borough, Aleutians East Borough,
Aleutian-Pribiloff Islands, Nome, Bristol Bay Borough,
Delta-Greely, North Scope Borough, Nenana and balance of state.
• Alaska State Emergency Response Commission, 1990, as amended
in 1994
• Alaska Disaster Act, 1977, as amended in 1994
• Oil and Hazardous Substance Discharge Prevention and
Contingency Plans, 1989
.•Oil and Hazardous Substance Response Office, 1989
• Hazardous Substance Release Control, 1986
• Oil and Hazardous Substances Releases, 1986
Alaska has no statutory authority for indemnification of volunteers to
public commissions. The state's Attorney General, the Division of
Risk Management, and the Department of Environmental
Conservation have entered into a Memorandum of Agreement
(MOA) to indemnify SERC and LEPC members except in cases of
gross negligence.
The commissioner or designated representative of the following state
agencies:
Department of Environmental Conservation;
Department of Military and Veterans' Affairs;
Department of Public'Safety;
Department of Transportation and Public Facilities;
PROFILES
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Department of Health and Social Services;
Department of Community and Regional Affairs;
Department of Natural Resources;
Department of Labor; and
Department of Fish and Game.
Seven members from the general public, appointed by the Governor:
Two members of a rural local emergency planning committee;
Two members of an urban local emergency planning committee;
Two representatives of a political subdivision within a local
emergency planning committee; and
One member who represents undesignated public members
(Public-at-large).
American Samoa
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
LEPC Members
American Samoa Local Emergency Planning Committee
Executive Order No. 8-1987
Based on the Governor's Disaster Emergency Council and the
Environmental Quality Commission. Additional members include
four other public sector representatives.
Commissioner, Department of Public Safety
American Samoa Territorial Emergency Management
Coordination Office
Office of the Governor
Pago Pago, American Samoa 96799
001 (684) 699-6461
(Emergency planning)
American Samoa Environmental Protection Agency
Office of the Governor
Pago Pago, American Samoa 96799
001 (684) 633-2304
(Right-to-know)
• Emergency planning: American Samoa Territorial Emergency
Management Coordination Office
• Right-to-know: American Samoa Environmental Protection Agency
• Recipient of Section 313 data: American Samoa Environmental
Protection Agency
Representatives of the LEPC:
Department of Public Safety;
Disaster Assistance Coordinator; and
Fire chief.
Representatives of the Environmental Quality Commission:
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES—1999-2000
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Manager, Emergency Medical Services;
Manager, Port Administration, Airport;
COS Somoa Packing Co.;
Star-Kist Somoa, Inc.;
Territorial Emergency Management Coordinating Office;
Tesorio, Inc.; and
U.S. Coast Guard Liaison Officer.
Arizona
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws
Enforcement Efforts
Arizona Emergency Response Commission
Title 26, Chapter 2, Article 3, Arizona Revised Statutes (Emergency
Planning and Community Right-to-Know Act), effective July 8, 1988
Five state agencies. An advisory committee to the commission includes
representatives from six additional state agencies, four representatives
from industry, and two representatives from the fire community.
Director, Division of Emergency Management
Arizona Emergency Response Commission
5636 East McDowell Road
Phoenix, Arizona 85008
(602) 231-6346
www.state.az. us/es/azserc
• Emergency planning: Division of Emergency Management
• Right-to-know: Division of Emergency Management
• Recipient of Section 313 data: Arizona Emergency Response
Commission and Arizona Department of Environmental Quality
Initially $120,000 in state general funds was provided through the
state agency budget process to support Title III implementation. The
state also received federal grants.
The commission designated each of Arizona's fifteen counties as local
emergency planning districts. Each county emergency management
plan includes an annex that focuses on hazardous materials
preparedness and response. Title III requirements are integrated into
these plans to include identification of site-specific information for
facilities with extremely hazardous substances.
• Title 23, Chapter 2, Article 10, Arizona Revised Statutes—
Occupational Safety and Health/Worker Right-to-Know
• Title 49, Chapter 5, Articles 4 and 5
In addition to enforcing its worker right-to-know law, Arizona relies
on enforcement actions for the Emergency Planning and Community
Right-to-Know Act (EPCRA). Citizen suit actions also have improved
compliance.
PROFILES
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Potential Liability of
SERCandLEPC
Members
SERCMembers
Arizona law provides immunity for authorized emergency responders
and SERC and LEPC members carrying out the provisions of
EPCRA, excepting willful misconduct, gross negligence, or bad faith.
The director or designee of the following state agencies:
Division of Emergency Management;
Department of Environmental Quality;
Department of Health Services;
Department of Public Safety; and
Department of Transportation.
The advisory group consists of the following agency directors or
designees:
Department of Agriculture;
Corporation Commission;
Industrial Commission;
Radiation Regulatory Agency;
State fire marshal;
State mine inspector;
Two representatives from the Arizona Fire Chiefs' Association; and
Four representatives from the private sector.
Arkansas
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
State Costs and
Approaches to Funding
Arkansas Hazardous Materials Emergency Response Commission
Act 567 of the 1993 Arkansas Legislature
Eight state agencies, one LEPC representative, two representatives
from regulatory entities, one representative from an unregulated entity
with a knowledge of EPCRA, and one private citizen.
Rotating
Arkansas Department of Environmental Quality
P.O. Box 8913
Little Rock, Arkansas 72219
(501) 562-7444
• Emergency planning: state police, Department of Emergency
Management, and Department of Environmental Quality (Section
304 planning notifications)
• Right-to-know: Hazardous Materials Department of Emergency
Management and Department of Environmental Quality
• Recipient of Sections 311,312, and 313 data: Office of Hazardous
Materials Emergency Management
Fees generated on required reports, sections 312 and 313 of SARA
Title III (LAW Act 634, 1995).
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES—1999-2000
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Local Emergency
Planning Districts and
Committees
Enforcement Efforts
Potential Liability of
SERCandLEPC
Members
Related Information
SERCMembers
Calif<
ornia
The seventy-five counties and the cities of Little Rock and North
Little Rock were designated local emergency planning districts, for a
total of seventy-seven.
The state is encouraging voluntary compliance and will refer any
necessary enforcement actions to the U.S. Environmental Protection
Agency.
In an unofficial letter to the Department of Pollution Control and
Ecology, the Office of the Attorney General expressed the opinion
that SERC and LEPC members would be protected from liability
under one or more of three Arkansas Immunity Acts. Under A.C.A.
19-10-305, "Officers and employees of the state of Arkansas are
immune from civil liability for acts or omissions, other than malicious
acts or omissions, occurring within the course and scope of their
employment."
The state legislature meets every other year. This makes it difficult to
plan budget requests for Title III activities.
The head or designated representative of the following state agencies:
Department of Environmental Quality;
Department of Labor;
Department of Highway and Transportation;
Fire Training Academy;
LEPC representative;
State police;
Department of Emergency Management;
Department of Health;
National Guard;
Two representatives from regulated entities;
One representative from an unregulated entity; and
One citizen.
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
California Chemical Emergency Planning and Response Commission
Established March 20, 1987, through Executive Orders D-63-87 and
W-40-93
Eight state agencies, three representatives from local government, and
representatives of six regional planning districts.
Director, Governor's Office of Emergency Services
Chemical Emergency Planning and Response Commission
c/o Governor's Office of Emergency Services
Hazardous Materials Unit
2800 Meadowview Road
PROFILES
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Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws
Sacramento, California 95832
(916) 464-3230
www.oes.ca.gov
• Emergency planning: Governor's Office of Emergency Services
(OES)
• Right-to-know: OES. Local government administering agencies,
established under a preexisting state program, store this information
and respond to public inquiries regarding business inventories.
• Recipient of Section 313 data: California Environmental Protection
Agency
• The state general fund provides staff support to the SERC and
LEPCs.
• Funding for some SERC and LEPC activities is provided by U.S.
DOT through Hazardous Materials Transportation Act grants.
• Local government agencies, such as fire and health departments,
receive most of the emergency planning and community
right-to-know information and may charge fees to businesses to
support their local programs.
• The SERC received emergency plans from all six of the regional
LEPCs. (LEPC boundaries are the same as OES mutual-aid regions
and include several counties and cities.)
• In addition to the statutorily required members, representatives of
county agricultural commissioners, administering agencies,
emergency management, and local government have been appointed
to the committees. Each LEPC may add four ad hoc members. OES
technical staff members have been assigned to assist LEPCs.
• Effective 1997, new legislation (S.B.I889) requires the Governor's
Office of Emergency Services (OES) to obtain and maintain state
delegation of the federal accidental release prevention program.
California's program will contain all of the federal program's
features, plus some California-specific attributes, e.g., consideration
of potential seismic events. Also the California adaptation is likely to
require more facilities to develop risk-management plans than the
federal program.
• In 1994, state law established the Standardized Emergency
Management System (SEMS) which addresses California's
responsibility to mitigate the effects of emergency situations
including hazardous materials incidents. Under regulations
developed by OES, SEMS standardizes the response to emergencies
involving multiple jurisdictions or multiple agencies. It requires
emergency response agencies to use basic principles and components
of emergency management, including the Incident Command
System, Multi-Agency Coordination System, operational area
concepts, and established mutual aid systems. State agencies must
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES—1999-2000
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Enforcement Efforts
Potential Liability of
SERCandLEPC
Members
Related Information
use SEMS. Local governments are required to use SEMS in order to
be eligible for state funding for emergency response-related
personnel costs.
• Since 1987, businesses that have more than a specified quantity of
listed chemicals have been required to develop risk management and
prevention programs at the discretion of local government agencies.
• Since 1985, businesses that handle hazardous material have been
required to develop emergency plans and chemical inventories and
submit the plans to local government agencies. The inventory
requirements are parallel to those under the federal SARA, Title III
laws. However, California law covers more chemicals and businesses
(Chapter 6.95 of the California Health and Safety Code).
• State law requires OES to adopt a unified format for hazardous
materials emergency plans. This format will incorporate the
emergency planning requirements of six separate state programs.
The state is enforcing its right-to-know law, enacted in 1985. Local
government and the state are given broad civil and criminal
enforcement authority under state law. Local governments have
successfully prosecuted businesses under state law.
According to a January 26, 1988, memorandum from the
Department of Justice, Office of the Attorney General, to the Office
of Emergency Services, as long as the Chemical Emergency Planning
and Response Commission and LEPC members are acting within the
course and scope of their duties, they will be defended and
indemnified by the state, except where they act with actual fraud,
corruption, or malice, or willfully fail or refuse to cooperate in their
defense by the state.
• The SERC approved the LEPC-developed "Media and Public
Information Functions for Hazardous Materials for Statewide
Information."
• OES cosponsors "The Continuing Challenge," an annual conference
for hazardous materials emergency planners and responders.
• OES is cosponsoring the statewide Community Awareness and
Emergency Response (CAER) conference.
• OES has produced a technical assistance video and instructional
manual titled "A Guide to Developing Hazardous Materials
Exercises."
• OES assisted in the development of an informational pamphlet
tided "Protecting Your Health from a Chemical Spill," authored by
the California Environmental Protection Agency.
The division also prepared the following guidance documents which
can be found on their Web site:
—California Hazardous Material Spill/Release Notification Guidance;
—Hazardous Material Incidence Contingency Plan;
—California Accidental Release Prevention Program; and
—Chemicals and Your Health.
PROFILES
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SERC Members Director, Governor's Office of Emergency Services;
Secretary, Business, Transportation, and Housing Agency;
Secretary, State Consumer Services Agency;
Secretary, Health and Welfare Agency;
Director, Department of Food and Agriculture;
Secretary, Resources Agency;
Secretary, California Environmental Protection Agency;
Director, Department of Industrial Relations;
Six local planning district representatives (elected by each district
committee); and
Three representatives of local government.
Colorado
Commission Name
Legal Basis
Commission Format
Commission Co-Chairs
Commission Address
Agency Roles
State Costs and.
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Colorado Emergency Planning Commission (CEPC)
Originally formed by Executive Order from the Governor, now
established by Colorado House Bill (HB) 90-1238, effective May 31,
1990, and HB 93-1245, effective June 6, 1993.
Five state agencies/divisions, two local government representatives,
two industry representatives, one environmentalist, one right-to-know
representative, one LEPC at-large representative, and one Colorado
state patrol representative.
Director, Office of Emergency Management (OEM)
Department of Local Affairs (DOLA)
(303) 273-1622 or (303) 273-1783
Director, Hazardous Material and Waste Management Division
(HM/WM)
Colorado Department of Public Health and Environment
(303) 692-3019
Colorado Emergency Planning Commission (CEPC)
4300 Cherry Creek Drive South
Denver, Colorado 80222
• Emergency planning and training: Office of Emergency
Management and Division of Fire Safety
• Right-to-know: Colorado Department of Public Health and
Environment
• Section 313 data: Colorado Department of Public Health and
Environment
Currently, all Title III costs are borne by existing state agency budgets.
• Currently fifty-six LEPDs and fifty-six LEPCs appointed.
• Existing state law requires local jurisdictions to write and maintain
local emergency operations plans and appoint designated emergency
response authorities.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES—1999-2000
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Related State Laws
Potential Liability of
SERCandLEPC
Members
CEPC Members
Connecticut
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
• Title 24, Article 33.5, Part 7 (Colorado Revised Statutes), The
Colorado Disaster Act
• Title 29, Article 22 (Colorado Revised Statutes), The Colorado
Hazardous Substance Act
• Title 43, Article 6 (Colorado Revised Statutes), The Colorado
Permitting and Routing of Hazardous Materials Act
• Title 23, Article 33 (Colorado Revised Statutes), concerning
implementation of Title III in Colorado, limitations on liability and
adoption of forms
Section 24-33-2605 (Colorado Revised Statutes) grants limited
governmental immunity to both the CEPC and LEPC members.
*Director, Office of Emergency Management (co-chair);
*Director, Division of Hazardous Materials and Waste Management,
Department of Public Health and Environment (co-chair);
*Director, Division of Fire Safety, Department of Public Safety;
*Director, Division of Local Government, Department of Local
Affairs;
Two public interest groups;
Two industry representatives;
Two local government representatives;
One LEPC at-large representative; and
One Colorado state patrol representative.
*or designees.
Connecticut State Emergency Response Commission
Connecticut General Statute 22a:600-6l 1
Nine public representatives appointed by the Governor and nine
statutory members representing state agencies.
Designated by the Governor. The Commission recommends that the
Governor appoint one of the public representatives as chairman.
Connecticut State Emergency Response Commission
Department of Environmental Protection
Bureau of Waste Management
79 Elm Street, 4th Floor
Hartford, Connecticut 06106-5127
(860) 424-3373
• Emergency planning: Office of Emergency Management and State
Commission on Fire Prevention and Control (first responder and
local government training)
• Right-to-know: SERC staff
11
PROFILES
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State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws
12
Enforcement Efforts
Potential Liability of
SERCandLEPC
Members
Related Information
• Recipient of Sections 302, 311, 312, and313 data: Department of
Environmental Protection
Approximately $100,000 is budgeted annually from general funds.
Many administrative costs are absorbed by state agencies.
Connecticut's 155 LEPCs submitted, reviewed, and updated plans to
the SERC by August 1998.
• Labeling Requirements and Notification to Local Fire Marshals Act,
1983
• Education and Training for Employees in the Workplace Act, 1982
• Civil Penalties for Violations of the Worker Right-to-Know Act,
1981
• Accidental Release Reporting Act (CGS 22a-450)
• Right-to-Know Law Concerning Reproductive Health Hazards Act,
1981
• Information and Notice Requirements for Employers Using
Carcinogens in the Workplace Act, 1980
• The state is enforcing its own right-to-know laws.
• Section 22a-605 of the Connecticut General Statutes authorizes the
state Department of Environmental Regulation to adopt regulations
for state enforcement of Title III.
An advisory letter from the attorney general of Connecticut concluded
that SERC members qualify as state employees under Connecticut law
and will therefore be indemnified for an act or omission committed
within the scope of their employment or service when the act or
omission is not wanton, reckless, or malicious. C657-101a and 7-465
provide limited protection to LEPC members from personal liability.
• A SERC-appointed LEPC Advisory Task Force published a
Guidance Manual for LEPCs. The manual was distributed to elected
officials and LEPC chairs.
• The SERC sponsors an annual LEPC conference for LEPC
members that consists of two days of educational workshops.
• Connecticut Business and Industry Association developed and
distributed an emergency resource manual for local fire chiefs and
LEPC chairs.
• The SERC, Connecticut Department of Environmental Protection,
federal and state OSHA, Connecticut Bureau of State Fire Marshals,
and the Connecticut Business and Industry Association developed a
compliance guide for training and reporting required under their
programs. The guide was updated in 1998.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES—1999-2000
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• An LEPC task force on accidental toxic chemical releases published a
document in 1996 outlining steps that industry and communities
can adapt to their specific needs and use in preparing for and
responding to a chemical emergency.
SERCMembers Statutory Members:
' Commissioner, Department of Environmental Protection;
Commissioner, Department, of Public Safety;
Commissioner, Department of Labor;
• Director, Office of Emergency Management;
Commissioner, Department of Public Health;
State fire marshal;
Commissioner, Department of Transportation;
State fire administrator;
Director, Office of Policy and Management; and
Nine members appointed by the Governor:
Four members representing the public;
Three members representing owners or operators of facilities; and
One chief of a volunteer fire department; and
One chief of a paid fire department.
Delaware
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
Delaware State Emergency Response Commission
House Bill 250, effective July 1, 1991
Based on the existing Hazardous Material Commission and also
includes representatives from local emergency planning committees.
Secretary, Department of Public Safety
Delaware State Emergency Response Commission
Department of Public Safety
P.O. Box 818
Dover, Delaware 19903
(302) 739-4321
www2.state.de.us/serc/index.htm
• Emergency planning: Delaware Emergency Management Agency,
Department of Public Safety
• Worker right-to-know: Bureau of Environmental Health, Health
and Social Services Department
• Recipient of Sections 302, 304, 311,312, and 313 data: Division of
Air and Waste Management, Department of Natural Resources and
Environmental Control
13
PROFILES
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State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws
Enforcement Efforts
Potential Liability of
SERCandLEPC
Members
Related Information
SERC Members
In July 1991, the state instituted a system of fees on covered facilities.
Funds generated by the fees are used to support the LEPCs, cover the
costs of maintaining a centralized EPCRA database, and provide
SERC staff support.
• The state currently has a total of four planning committees and
districts.
• The SERC reviewed all LEPC emergency plans in 1998.
• Hazardous Chemical Information Act, 1984
• Amended Extremely Hazardous Substances Risk Management Act
(1998)
The state is enforcing its Hazardous Chemical Information Act.
The state indemnifies members for actions in connection with the
performance of official duties when the act is carried out in good faith
and without gross negligence or wanton misconduct. The member
shall be indemnified by the state against any expenses (including
attorney's fees and disbursements), judgments, fines, and costs actually
or reasonably incurred by a member in defending against the action.
In addition, HB177 (1989) grants limited immunity from liability to
LEPC membersi
• The Delaware Hazardous Chemical Information Act establishes a
right-to-know (RTK) program designed to inform and protect
workers and the public from the dangers of hazardous chemicals.
• The Accidental Release Prevention Regulation of January 1999 is
being integrated into the Delaware RTK program. Staff from the
Bureau of Environmental Health, Department of Health and Social
Services perform on-site surveys of all municipal and school
buildings. Right-to-know information is entered into a
' computerized database. The bureau also conducts an outreach
program designed to inform and educate the public regarding toxic
threats.
The head or designated representatives of the following agencies and
organizations:
Department of Public Safety;
Division of State Police;
Delaware Emergency Management Agency;
Department of Natural Resources and Environmental Control;
Public Health Division, Department of Health and Social Services;
Bureau of Environmental Health, Public Health Division;
Department of Transportation;
State fire marshal;
State Fire Prevention Commission;
State Fire Services Center;
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES—1999-2000
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Representatives of shippers, users, rail, air, highways, and consignees
of hazardous materials; and
Chair of each LEPC.
District of Columbia
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
State Costs and
Approach to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws
Enforcement Efforts
Related Information
District of Columbia State Emergency Response Commission
Mayor's Order No. 88-214, September 23, 1988
One agency
Director, District of Columbia Emergency Management Agency
District of Columbia Office of Emergency Preparedness
2000 14th Street N.W.
8th Floor
Washington, D.C. 20009
(202) 727-6161
• Emergency planning: D.C. Emergency Management Agency
• Right-to-know: D.C. Emergency Management Agency
• Recipient of Section 313 data: D.C. Emergency Management
Agency
D.C. officials estimate that $50,000 in general funds will be used for
chemical emergency planning in fiscal 2000.
• The LEPC has subcommittees on plans, capability and equipment;
hazards identification and analysis; rules and regulatory compliance;
transportation; and communications and public information.
• The one LEPC is chaired by the Director of the Emergency
Management Agency.
• The LEPC completed a revision of the District of Columbia SARA
Tide III Comprehensive Hazardous Materials Emergency Response
Plan in January 1999.
• Occupational Safety and Health Act, 1992
• Hazardous Materials Transportation and Motor Carrier Safety Act,
1988, as amended.
The Metropolitan Police Department enforces CFR 49 (governing
transportation of hazardous materials) under local enabling legislation
enacted in 1992.
• The Mayor's Emergency Preparedness Policy Council, composed of
fifteen city department directors, advises the director of the D.C.
Emergency Management Agency and discusses hazardous materials
issues.
• The Chief of the Plans and Training Division, D.C. Emergency
Management Agency, serves as staff to the LEPC and the SERC.
• Brochures were published in 1994 on the following subjects:
planning, information, transportation, and education.
• Videotapes of field exercises are used for training purposes.
15
PROFILES
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LEPCMembers
16
Florida
Commission Name
Legal Basis
Commission Format
Chairs
Commission Address
D.C. Emergency Management Agency;
D.C. Fire and Emergency Services;
D.C. Department of Public Works;
D.C. National Guard;
D.C. Department of Human Services;
Office of Property Management;
Metropolitan Police Department;
D.C. Office of Communications;
D.C. Office of Planning;
D.C. Public Library;
D.C. Department of Health;
D.C. Consumer and Regulatory Agency;
D.C. Public Schools;
US Food and Drug Administration;
Bureau of Engraving and Printing;
Environmental Protection Agency;
American Red Cross;
US Park Service;
D.C. Chamber of Commerce;
D.C. Poison Center;
D.C. Corporation Council; and
Representatives from environmental and consumer groups.
Florida State Emergency Response Commission
Executive Order No. 98-155
Established April 17, 1987
Expansion of the Governor's Hazardous Materials Task Force. The
commission includes representatives from state agencies, local
government, industry, emergency response organizations, and
environmental and consumer groups.
Secretary, Department of Community Affairs (chair), and Director,
Division of Emergency Management, Department of Community
Affairs (alternate)
Florida State Emergency Response Commission
Department of Community Affairs
Division of Emergency Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
(850) 413-9900
www.dca.state.fl.us/cps/serc/serc.htm
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES—1999-2000
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Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws
Enforcement Efforts
Potential Liability of
SERCandLEPC
Members
• Emergency planning and community right-to-know: Department of
Community Affairs, Division of Emergency Management
• Worker right-to-know: Department of Labor and Employment
Security
• Recipient of Section 313 data: Department of Community Affairs,
Division of Emergency Management
• Florida's Hazardous Materials Emergency Response and
Community Right-to-^Know Act establishes a fee structure and
includes penalty provisions. The act requires Section 302 facilities to
submit a one-time filing fee of $50. Facilities must also pay an
annual registration fee ranging from $25 to $2,000 based on the
number of employees ($10 per employee) employed within the state.
Facilities not required to report under Section 302 may pay a
reduced fee ranging from $25 to $500 (as provided for in Florida
Statutes Chapter 368, Chapter 527, and Subchapter 576.303).
Government entities are exempt from paying annual registration fees.
• The state also imposes late fees and penalty fees on facilities failing to
report chemical information or intentionally submitting false
information.
• A Section 313 fee of $150 per Section 313 Form R report and $75
per Section 313 Form A report went into effect for the July 1998
reporting cycle and continues.
• Eleven regional LEPD and LEPC plans have been completed. In
addition, all sixty-seven counties prepare site-specific hazards
analyses for section 302 facilities. All plans were updated during
fiscal year 1998-99.
• The SERC is funding the eleven regional planning councils (RPCs)
to provide staff support, technical assistance, and access for
community right-to-know. In addition, the SERC is offering money
to the sixty-seven counties to assist with hazards analyses.
• The RPCs are aggregates of the state's sixty-seven counties and were
formed prior to the establishment of EPCRA.
• Hazardous Materials Emergency Response and Community
Right-to-Know Act, 1988
• Worker Right-to-Know Act, 1985
The state is enforcing its Hazardous Materials Emergency Response
and Community Right-to-Know Act, enacted in 1988.
Under current Florida law, volunteers (including SERC and LEPC
members) in government service acting within the course and scope of
their employment or service appear to be immunized from personal
liability. It is further provided that the affected agency, at its
discretion, may provide a legal defense for the volunteer. If the agency
does not provide defense and the volunteer prevails in an action
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PROFILES
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Related Information
SERC Members
18
against him or her, the agency shall reimburse the volunteer the
reasonable costs and attorney's fees incurred by the volunteer in the
action.
The Governor's Hazardous Materials Task Force was established
under the State Comprehensive Emergency Management Plan.
SERC membership includes the following:
Secretary, Department of Community Affairs;
Director, Division of Emergency Management, Department of
Community Affairs;
Representative, Executive Office of the Governor;
Representative, Department of Environmental Protection;
Representative, Department of Law Enforcement;
Representative, Department of Labor and Employment Security;
Representative, Department of Transportation;
Representative, Department of Insurance;
Representative, Florida League of Cities;
Representative, Florida Association of Counties;
Representative, Florida Regional Planning Council Association;
Representative, Manufacturing and Chemical Council;
Representative, Florida Phosphate Council;
Representative, Florida Power Corporation;
Representative, Associated Industries of Florida;
Representative, Fire Chiefs' Association;
Representative, State Fire Chiefs' Association;
Representative, Department of Health, Office of Emergency
Medical Services;
Representative, Florida Professional Firefighters;
Representative, Department of Agriculture and Consumer Services;
Representative, Seminole Tribe of Florida;
Representative, petroleum industry;
Representative, LP gas industry;
Representative, Florida Emergency Preparedness Association;
Representative, agriculture industry;
Chairperson of an LEPC; and
Representatives from environmental and consumer groups.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES—1999-2000
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Georgia
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
SERC Members
Georgia State Emergency Response Commission
Executive Order by Governor
Six state agencies, a representative of the State Board of Regents, and
an LEPC chair
Commissioner, Department of Natural Resources
Georgia Department of Natural Resources
7 Martin Luther Bang Jr. Drive
Suite 139
Atlanta, Georgia 30334
(404) 656-3500
• Emergency planning: Georgia Emergency Management Agency
(GEMA), and Environmental Protection Division (EPD),
Department of Natural Resources (Section 302 planning
notification)
• Right-to-know: EPD, Department of Natural Resources
• Recipient of Section 313 data: EPD, Department of Natural
Resources
• Implementing Agency for Section 112r, Clean Air Act:
Environmental Protection Division, Department of Natural
Resources.
• Title III activities are supported by designated general funds and
existing state agency budgets.
• The state anticipates that administration of the program at the
state-agency level will cost approximately $250,000 annually.
• The SERC has designated nine planning districts: Atlanta/Fulton
County, Chatham County, Richmond County, and the others
covering the remainder of die state.
• The SERC is in the process of establishing additional LEPCs at the
county level.
Commissioner, Department of Natural Resources;
Commissioner, Department of Community Affairs;
Commissioner, Department of Human Resources;
Director, Georgia Emergency Management Agency;
Commissioner, Department of Labor;
Representative, State Board of Regents;
Director, Georgia Environmental Protection Division; and
Chair, Local Emergency Planning Committee.
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PROFILES
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Guam
Note: Updated information for Guam was not available at time of publication.
20
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
State Costs'and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws
SERCMembers
Guam State Emergency Response Commission
Members were appointed by the authority of the Governor
The twelve-member commission is made up of representatives from
the government of Guam.
Dean of Arts and Sciences, University of Guam
State Emergency Response Commission
c/o Civil Defense/Guam Emergency Services Office
P.O. Box 2877
Agana, Guam 96910
• Emergency planning: Civil Defense/Guam Emergency Services
Office
• Right-to-know: Civil Defense/Guam Emergency Services Office
• Recipient of Section 313 data: Guam Environmental Protection
Agency
• Approximately $5,000 in general funds have been spent on
emergency planning efforts and $20,000 on right-to-know activities.
• The SERC is using in-kind contributions from various government
agencies to fund Title III costs.
• Guam officials estimate that it will cost approximately $75,000
annually to support the Title III program.
On October 5, 1988, nine representatives within the various
government of Guam agencies and departments were appointed to
serve as members of the local emergency planning committee. As
members of the LEPC, they are given the responsibility of developing
a territorial hazardous materials contingency plan and establishing and
overseeing a Title III right-to-know program.
Hazardous Substance Protection Act, P. L. 1919
Director, Civil Defense/Guam Emergency Services Office;
Representative; Public Health and Social Services;
Representatives, Civil Defense/Guam Emergency Services Office;
Chief, Guam Fire Department;
Deputy Chief, Guam Police Department;
Port Authority of Guam;
Department of Public Works;
Guam Memorial Hospital Authority;
Guam Environmental Protection Agency; '
Department of Labor; and
Office of the Attorney General.
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Hawaii
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Potential Liability of
SERCandLEPC
Members
SERC Members
Hawaii State Emergency Response Commission
Chapter 128E, Hawaii Revised Statutes
Eight state agencies, two academic officials, a representative from the
American Red Cross, and an LEPC representative from each county.
Director, Department of Health
Hawaii State Emergency Response Commission (HSERC)
Department of Health
Division of Environmental Health
P.O. Box 3378
Honolulu, Hawaii 96801
(808) 586-4249
• Emergency planning: Hazard Evaluation and Emergency Response
Program, Department of Health
• Right-to-know: Hazard Evaluation and Emergency Response
Program, Department of Health
• Recipient of Section 313 data: Hazard Evaluation and Emergency
Response Program, Department of Health
$95,500 in revolving funds will be dispersed in fiscal 2000 to
implement Title III activities.
• The Hawaii State and Hawaii LEPC plans are currently being
revised. .
• Each county had an existing emergency management plan and a
local civil defense agency prior to enactment of Title III.
Section 128E-10, Hawaii Revised Statutes, Immunity from Civil
Liability, (a) No employee, representative, or agent of a state or
county agency, or persons requested by a state or county agency to
engage in any emergency service or response activities involving a
hazardous material release at a facility or transportation accident site
shall be liable for the death of or any injury to persons, or the loss of
or damage to property, resulting from that hazardous material release,
except for any acts or omissions that constitute willful misconduct.
(b) No commission or committee member shall be liable for the death
of or injury to persons, the loss of or damage to property or any civil
damages, resulting from any act or omission arising out of die
performance of the functions, duties, and responsibilities of the
commission or a committee, except for acts or omissions that
constitute willful misconduct.
Director, Department of Health;
Adjutant General, Department of Defense;
Director, Department of Labor and Industrial Relations;
Director, Department of Transportation;
Director, Department of Business and Economic Development;
Director, Office of Environmental Quality Control;
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PROFILES
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22
Chair, Board of Agriculture;
Chair, Board of Land and Natural Resources;
One representative from each of the four counties;
Manager, Hawaii State Chapter, American Red Cross;
Dean, University of Hawaii, School of Public Health; and
Director, University of Hawaii, Environmental Center.
Idaho
Commission Name
Legal Basis
Commission Format
Commission Address
Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws
Enforcement Efforts
Potential Liability of
SERCandLEPC
Members
Related Information
State of Idaho Military Division
Idaho Hazardous Substance Response Act, 1996
The SERC function is vested in the military division in Idaho.
Idaho Bureau of Hazardous Materials
4040 Guard
Boise, Idaho 83705
(208) 334-3263
www2.state.id.us/serc/index.html
• Emergency planning: Bureau of Disaster Services and the Bureau of
Hazardous Materials
• Right-to-know: Bureau of Hazardous Materials
• Recipient of Section 313 data: Bureau of Hazardous Materials
For emergency planning efforts and right-to-know activities, the state
has budgeted $325,000, which is drawn from the general fund
annually.
The state's forty-four counties are LEPCs.
Idaho Hazardous Substance Response Act, 1991. Gives the Military
Division authority to create regional response teams and to create and
update the state chemical and radiological response plans, and gives
rulemaking authority to the division for reimbursement of response
costs to local governments.
Enforcement efforts are coordinated with EPA Region 10. The state is
concentrating its efforts on public outreach to inform the public and
potentially covered facilities about Title III requirements and
compliance procedures.
The Idaho code provides limited immunity to the Military Division
and LEPC members whose performance is not willful or wantonly
negligent. These members shall also be entitled to a contribution of
indemnification or reimbursement for legal fees and expenses from
their employers, unless a court shall find that the act or omission of
the employee was outside the course and scope of his or her
employment or included malice or criminal intent.
• Bureau staff regularly conducts compliance workshops for industry
organizations.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES—1999-2000
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• Data management for community right-to-know is centralized at the
bureau using CAMEO.
• The bureau has an active technical assistance program to help local
governments with hazards analysis.
• The bureau maintains Idaho's Hazardous Materials Incident
Command and Response Support Plan, which includes radiological
response.
SERC Members The SERC function is vested in a single agency in Idaho—the
Military Division—and delegated to the Bureau of Hazardous
Materials.
Illinois
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws
Enforcement Efforts
Potential Liability of
SERCandLEPC
Members
Illinois State Emergency Response Commission
State Law-430ILCSlOO, "Illinois Emergency Planning and
Community Right to Know Act" (IEPCRA).
One state agency
Director, Emergency Management Agency
Illinois Emergency Management Agency
110 East Adams Street
Springfield, Illinois 62701-1109
(217) 782-8712
• Emergency planning: Emergency Management Agency
• Right-to-know: Emergency Management Agency
• Recipient of Section 313 data: Office of Chemical Safety, Illinois
Environmental Protection Agency
The Emergency Management Agency spent approximately $475,000
in general funds on Title Ill-related activities in fiscal 1999. Currently
pursuing an IEPCRA filing fee system.
In 1987 the state's 102 counties and the city of Chicago were
designated as local emergency planning districts. Cook County will be
soon divided into three sub-districts, after which there will be 105
districts in the state.
• Chemical Safety Act, 1985
• Illinois Emergency Planning and Community Right-tq-Know Act,
1989
• The state is enforcing its Chemical Safety Act and IEPCRA.
• The SERC referred 8 IEPCRA cases to the Illinois Attorney General
in 1999. Six of these cases have been settled.
An opinion from the attorney general declared that SERC and LEPC
members have only limited liability under SARA and that they would
be entitled to a defense by the attorney general in the event of legal
action against them.
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PROFILES
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Related Information
SERC Members
• An advisory committee was recently formed to provide input to the
Emergency Management Agency. This broad-based group consists
of representatives from the following agencies and organizations:
Illinois Environmental Protection Agency;
Office of the Attorney General;
Office of the state fire marshal;
Department of Commerce and Community Affairs;
Illinois Chamber of Commerce;
Department of Transportation;
Department of Agriculture;
Department of Public Health;
Department of Natural Resources;
Illinois Environmental Regulatory Group of the State Chamber; and
A liaison of EPA.
• In December 1984, the Governor created a chemical safety task
force. The twenty-member task force, comprised of public safety,
industry, and environmental experts, was responsible for reviewing
industrial safety procedures and improving emergency response
efforts in the event of a chemical accident. As a result of task force
findings, in September 1985, the Governor signed into law the
Illinois Chemical Safety Act. The legislation requires certain
businesses to adopt chemical safety contingency plans and enhances
the preparedness of responders in chemical emergencies.
• Passage of the Illinois Chemical Safety Act created the Hazardous
Materials Advisory Board to assist state and local government and
industry in dealing with hazardous materials. The board focuses on
issues such as planning, training, emergency management, and
response. The Fire Service Institute works with the board and the
state fire marshal in developing training courses for emergency
response officials.
Representatives from the Emergency Management Agency
Indiana
Commission Name
Legal Basis
Commission Format
Chair
Vice Chair
Indiana Emergency Response Commission
State Law (Senate Bill 392, signed July 1, 1992) Indiana code,
Title 13, Article 7, Chapter 36
Four state agencies, three representatives from industry, three
representatives of local government, and three from the general public.
Director, Indiana State Emergency Management Agency
Commissioner, Indiana Department of Environmental Management
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES—1999-2000
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Commission Address
Agency Roles
State Costs and
Approaches to Funding
Indiana Emergency Response Commission
State Emergency Management Agency
302 West Washington Street
Room E-208
Indianapolis, Indiana 46204-2760
(317) 232-3830
(317) 233-7745 24-hour emergency notification
(317) 232-3830 Administrative calls
www.state.in.us/ierc
• Emergency planning: State Emergency Management Agency and
Department of Environmental Management (DEM)
• Right-to-know: DEM, 100 North Senate, P.O. Box 7024,
Indianapolis, Indiana 46207-7024
• Recipient of Section 313 data: DEM, Office of Pollution Protection
and Technical Assistance.
• 1C 6-6-10 established the Local Emergency Planning and
Right-to-Know Fund. This law requires facilities that submit Section
312 hazardous chemical inventory forms to pay a fee ranging from
$50 to $200. Facilities that store at any one time any chemical in
excess of one million pounds must pay a $200 fee. All other facilities
pay a $100 fee, except those facilities subject to underground storage
tank (UST) regulations that store chemicals only in USTs. These
facilities are assessed a $50 fee. The fund is designed to generate
approximately $500,000 to $700,000 each year.
From the fund, each LEPC receives a base amount of $2,500 plus a
percentage of the remainder of the revenues, based on the number of
reporting facilities in each district. This distribution is designed to
provide each LEPC with a guaranteed minimum working amount
and also to provide LEPCs that have performed effective outreach or
that have a more industrial district with a proportionately greater
share of the fund.
• The law provides for the money to be used for the following
activities:
1. Preparing and updating the Section 303 emergency response plan;
2. Establishing and implementing procedures for receiving and
processing requests from the public for information about hazardous
chemicals;
3. Training for emergency response planning, information
management, and hazardous materials incident response;
4. Equipping a district-wide hazardous materials response team;
5. Purchasing communications equipment for LEPC's
administrative use;
6. Paying an optional stipend to LEPC members who attend
• regularly scheduled meetings; and
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PROFILES
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26
Local Emergency
Planning Districts and
Committees
Related State Laws
Enforcement Efforts
Potential Liability of
SERCandLEPC
Members
7. Paying for Tide III risk communication, chemical accident
related, and accident prevention projects submitted to and approved
by the Indiana SERC.
• The state may withhold local funding for failure to provide annually
to the commission one of the following:
1. The report required under IC-6-6-10-9, Section 8;
2. Proof of published legal notice;
3. An updated version of the LEPC's emergency preparedness plan;
4. A copy of the current bylaws of the LEPC;
5. Evidence of an exercise of the response plan;
6. A roster of the current LEPC membership; and
7. Minutes of the LEPC meetings, conducted at least once every
three months.
• Approximately $600,000 was spent in fiscal 1998 to implement
Title III activities. Title III activities are supported almost exclusively
by funds raised through fee collection, with 10 percent going to
SERC support and 90 percent to LEPC support.
• The DEM's Office of Environmental Response received partial
funding from state appropriations for fiscal 1987 to create four
positions to support the Title III program. The positions include
one half-time and two full-time staff members.
• Indiana's ninety-two counties serve as local emergency planning
districts.
• All of the ninety-two county LEPCs annually submit local
emergency plans.
• Most counties had emergency management structures in place prior
to the enactment of Title III.
The Local Emergency Planning and Right-to-Know Fund, revised
1997
The SERC has developed an enforcement tracking system that allows
for local and state interaction and resolution of potential enforcement
actions. Compliance issues are generally resolved through meetings
with the responsible party and SERC officials. Cases where lack of
compliance or Section 304 violations have caused serious health or
environmental threats or damage generally are forwarded to U.S. EPA
for consideration.
LEPC members are subject to personal liability not only for tortious
conduct committed outside the scope of their duties, but also for
negligence in connection with their performance of ministerial (as,
opposed to discretionary) functions. The LEPC members should be
protected from liability for discretionary decisions or functions. The
information provided by the attorney general's office spoke only to
LEPC members' potential tort liability, though it appears that the
same should also apply to SERC members.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES—1999-2000
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Related Information The commission has six standing committees that study issues and
make recommendations to the SERC: policy, fiscal, training,
technical, legislative, and communication.
SERC Members Representatives of:
State Emergency Management Agency;
State fire marshal;
Department of Environmental Management;
State police;
Local governmental officials (3);
Industry representatives (3); and
Private citizens (3).
Iowa
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws
Enforcement Efforts
Iowa Emergency Response Commission
Iowa Administrative Code Chapter 30
State agencies and two officials from industry
Maintenance services engineer, Department of Transportation .
Iowa State Emergency Response Commission
1000 East Grand Avenue
Des Moines, Iowa 50319
(515)281-6175
• Emergency planning: Emergency Management Division,
Department of Public Defense
• Right-to-know: Labor Division, Department of Employment
Services
• Recipient of Section 313 data: Department of Natural Resources
In fiscal 2000, $88,500 is devoted to EPCRA planning, $194,183 is
devoted to training activities and support of EPCRA activities, and
$42,000 is devoted to right-to-know activities and management of
reported data.
• State law requires each county to establish a Joint County
Emergency Management Services and Emergency Planning
Administration composed of elected officials who work on local
contingency planning.
• The Joint County Emergency Management Services and Emergency
Planning Administration staff coordinates with the LEPCs on
planning activities only.
Hazardous Chemical Risks Right-to-Know Act, 1987
The state is enforcing its Hazardous Chemical Risks Right-to-Know
Act.
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PROFILES
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28
Related Information Each county's public library will receive a complete set of Tier II data
for public access.
SERC Members Deputy Attorney General, Department of Justice
The head or designated representatives from the following agencies
and organizations:
Office of the Governor;
Office of the Attorney General;
Department of Natural Resources;
Emergency Management Division, Department of Public Defense;
Department of Health;
Department of Public Safety;
Department of Transportation;
Department of Employment Services;
Iowa State Fire Extension Service;
Department of Agriculture; and
Two industry representatives.
Kansas
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
State Costs and
Approaches to Funding
Kansas Commission on Emergency Planning and Response
The Kansas Emergency Planning and Community Right-to-Know
Act (KSA 65-570 letseq.)
Six state agencies, two representatives of counties, two representatives
of cities, and three representatives of business and industry.
Elected by the commission
Commission on Emergency Planning and Response
c/o Adjutant General
State Defense Building
2800 South Topeka Boulevard
Topeka, Kansas 66611
www.ink.org/public/kdem/main.html
• Emergency planning/training of first responders: Office of the
Adjutant General, Division of Emergency Management
• 304 notification, Division of Emergency Management
• Right-to-know: Kansas Department of Health and Environment
(KDHE), Hazardous Chemical Information Unit (HCIU)
• Recipient of Section 313 Data: KDHE, Right-to-Know Program
• The Kansas Emergency Planning and Community Right-to-Know
Act authorizes the Department of Health and Environment to
establish a fee system to cover all or part of the cost of Title III. The
fee structure is based primarily on the quantity of hazardous
chemicals stored or released. The act established the Section 313
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES—1999-2000
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Local Emergency
Planning Districts and
Committees
Related State Laws
Enforcement Efforts
Potential Liability of
Commission andLEPC
Members
Commission Members
toxic chemical release inventory fee and a single annual Tier II fee
for hazardous chemical storage. Under the state's fee system, single
facilities pay a maximum fee of $3,000 per year and there is a flat fee
for oil and gas production facilities owned or operated by the same
entity.
• The Kansas Division of Emergency Management (KDEM) received
the salary for one full-time planner position in state general
appropriations for implementation of Title HI in state fiscal 1999.
• KDHE received $374,000 in combined state general funds and fee
appropriations for implementation of Title III in state fiscal 1998.
• KDEM published a "1998 Progress Report" on the status of the '
local emergency planning process.
• Several LEPCs proposed fees for fire service inspections and other
Title III activities, but none have been implemented to date.
• Chemical plans for all 105 LEPCs are reviewed every four years.
• All of the LEPCs exercise their Title III plans annually.
• Kansas Emergency Planning and Community Right-to-Know Act
(KSA 65-5701), 1987.
• Executive Reorganization Order 29 amends KSA 65-5701 changing
membership of the commission on emergency planning and
response.
Enforcement authority is granted to the attorney general, KDHE, and
the adjutant general under state statute equivalent to that given to
U.S. EPA under Title III, including civil and criminal penalties. State
agencies may delegate enforcement to local prosecutors. If a local
prosecutor recovers penalties or fines from facilities, the fee amounts
are split between state and local governments. KDHE has a
compliance and enforcement policy approved by the secretary. This
policy outlines compliance efforts and enforcement options. KDHE
and EPA region VII also have signed a memorandum of agreement to
share information and compliance and enforcement responsibilities.
State law provides limited immunity from liability to Commission
and LEPC members.
Agency head, secretary or designee of the following:
Department of Health and Environment;
Adjutant General;
Kansas Highway Patrol;
Department of Transportation;
State fire marshal;
Two representatives from counties;
Two representatives from cities; and
Three representatives from business and industry.
29
PROFILES
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30
Kentucky
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws
Kentucky Emergency Response Commission
Kentucky Revised Statutes 39E
Seven state agencies, representatives of industry and associations, an
academician, private citizens, and representatives of environmental
groups.
Director, Kentucky Division of Emergency Management,
Department of Military Affairs
Kentucky Division of Emergency Management
ATTN: KYERC
Boone Center
Frankfort, Kentucky 40601-6168
(502) 564-5223
http://webserve.dma.state.ky.us/sara/kyerc_l.htm
• Emergency planning: Disaster and Emergency Services
• Right-to-know: State Emergency Response Commission
• Recipient of Section 313 data: State Cabinet for Natural Resources
and Environmental Protection
A fee system has been established to support Title III activities at the
state and local levels.
• Emergency management programs ,and plans were established in
most counties prior to Title III. The commission strongly
encouraged local emergency planning committees to review existing
local' government plans thoroughly for accuracy and completeness.
Existing plans were used as a framework and modified to include
Title III provisions in the Hazardous Materials Annex.
• All 120 county LEPCs have their plans approved annually through
the process authorized in KRS 39E.
• Public notices of addresses and meeting locations of local emergency
planning committees are published annually in newspapers
throughout the state.
KRS 39E establishes a fee system:
Category 1 - $0: State, local and federal government facilities exempt.
Category 2 - $40: Facilities that have not less than 10,000 Ibs. and
not more than 499,999 Ibs. of 10 or less hazardous substances.
Category 3 - $250: Facilities that have 10,000 Ibs. or more of each
of 11 or more hazardous substances of which the total amount does
not exceed 499,999 Ibs.
Category 4 - $250: Facilities with an inventory greater than 499,999
Ibs. of a hazardous substance.
Category 5 - $250: Facilities with EHS chemicals.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES—1999-2000
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Potential Liability of
SERCandLEPC
Members
SERC Members
Louisiana
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
A memorandum dated December 28, 1987, to the SERC chair from
the Office of the Attorney General, indicates that SERC or LEPC
members would not be liable unless they failed to comply with
mandated requirements of the law and such failure was due to gross
negligence or willful misconduct.
Director, Division of Emergency Management, Department of
Military Affairs;
Representative, Natural Resources and Environmental Protection
Cabinet, Office of the Secretary;
Representative, Occupational Safety and Health, Division of
Compliance;
Representative, Office of the Attorney General;
Representative, state police;
State fire marshal;
Environmental Response Supervisor Department of Environmental
Protection;
Development Director, American Lung Association;
Industry representatives;
LEPC Chairman, Boyle County;
Director, Bourbon County Disaster Services Agency;
Representative, Fayette Urban County Government;
Fire service representatives;
Chief Radioactive Materials Specialist,
Division of Community Safety; and
A citizen.
Louisiana Emergency Response Commission
Executive Orders MJF-96-48, MJF-96-67, and MJF 97-14.
State Law: Hazardous Material Information Development,
Preparedness, and Response Act of 1987
(R.S. 30: 2361-2380), established November 17, 1986
An expansion of an existing chemical council. The commission
includes representatives from four state departments and offices, the
Louisiana State Police/Right-to-Know Unit, an environmental group,
the Louisiana State University Fireman Training Center, the
Louisiana Emergency Preparedness Association, the chemical industry,
and ten at-large members.
Major, Office of State Police, Region 1
Louisiana Emergency Response Commission
c/o Department of Public Safety and Corrections
Right-to-Know Unit
31
PROFILES
-------
Agency Roles
32
State Costs and
Approaches to Funding
P.O. Box 66614
Baton Rouge, Louisiana 70896
(504)925-6113
For Section 313 Form Rsubmittals and information:
Louisiana Department of Environmental Quality
Office of the Secretary
Technical Program Support Section
P.O. Box 82263
Baton Rouge, Louisiana 70884-2263
(504) 765-0720
• Emergency planning: Military Department, Office of Emergency
Preparedness
• Right-to-know enforcement/emergency response: Department of
Public Safety and Corrections, Office of State Police
• Recipient of Section 313 data: Department of Environmental
Quality
• In 1997, the Louisiana Legislature amended Section 2374 of the
state's law on filing fees for Tier II inventory forms. The state police
are authorized to assess a filing fee based on the number of
hazardous materials present at a facility for companies not meeting
the definition of "small business."
Number of Hazardous
Materials Present at Facility Fee Charged
01 to 25
26 to 75
76 to 100
Over 100
$75
$100
$200
$300
There is a statewide maximum fee of $2,000 per company/employer if
multiple forms are submitted covering several facilities. Filing fees for
small businesses (those that employ a maximum of nine employees
and gross a maximum of $2 million annually) are $25 per facility.
• In calendar year 1998, $675,100 in revenue from existing state Tier
II filing fees collected and spent on right-to-know program
administration and assistance to the SERC.
• Under Section 2368.D of the state law passed in 1988, local
governing authorities could adopt an ordinance allowing LEPCs to
collect fees from facilities within the parish pursuant to specified
limits.
• In 1997, the Louisiana Legislature rescinded the authority of local
governments to impose filing fees unless the LEPC had previously
imposed a fee.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES—1999-2000
-------
Local Emergency
Planning Districts and
Committees
Related State Laws
Enforcement Efforts
Potential Liability of
SERCandLEPC
Members
Related Information
SERC Members
The sixty-four parishes throughout Louisiana serve as local emergency
planning districts with each parish having a local emergency planning
committee.
Louisiana's Hazardous Materials Information Development,
Preparedness, and Response Act (LAR.S. 30: 2361-2380) was
amended in 1987 to parallel SARA Title III wherever possible. The
state law's reporting requirements largely mirror those of the federal
law. However, some sections of Louisiana's law are more stringent
than Title III in terms of reporting volumes. For example, 500 pounds
of a hazardous chemical is the threshold quantity that triggers Tier II
inventory reporting versus the 10,000 pound federal threshold. The
state also has established release reportable quantities for
OSHA-regulated hazardous materials not on the EHS or CERCLA
lists.
The state is enforcing its Hazardous Materials Information
Development, Preparedness, and Response Act.
Under Louisiana law, SERC and LEPC members would receive
limited immunity from suits for the performance of discretionary
functions. Louisiana law also contains a provision that immunizes
specific, noncompensated responders and local emergency planning
committees.
The Department of Public Safety and Corrections serves as lead
agency for die SERC.
Major, Office of State Police, Transportation and Environmental
Safety Section;
Major, Office of State Police, Region 1;
Assistant Administrator for the Office of Water Resources,
Department of Environmental Quality;
Commissioner, Department of Agriculture;
Director, Office of Emergency Preparedness; Department of the
Military;
Management Analyst and State Title III Coordinator, Louisiana State
Police/Right-to-Know Unit;
Chief of the Belle Chasse Volunteer Fire Department and Board
Member, Louisiana Fire Chiefs' Association;
Chief, Sulphur Fire Department;
Assistant Director of Hazardous Material, Louisiana State University
Fire and Emergency Training Institute;
President, Louisiana Emergency Preparedness Association;
Lieutenant, Ouachita Parish Sheriffs Office and Hazmat instructor at
North Delta Regional Training Academy, Northeast Louisiana University;
Mayor, City of Westlake;
Director, Ascension Parish Office of Emergency Preparedness;
Director, East Baton Rouge Parish Office of Emergency Preparedness;
33
PROFILES
-------
President, P.A. Touchard Management Services, Inc.
Director of Planning and Development, Pointe Coupee Parish
Sheriffs Office;
President, Citizens for a Clean Environment;
Member, Assumption Parish Local Emergency Planning Committee;
and
Public Affairs Manager, DOW Chemical Company, who is a
representative of the Louisiana Chemical Association.
Maine
34
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
State Costs and
Approaches to Funding
Related State Laws
Maine State Emergency Response Commission
Executive Order No. 15 fiscal 1986-87
Established April 13, 1987
Seven state agencies, two associations, a representative from local
government, professional and volunteer fire departments, private
commerce, an environmental organization, industry, and labor.
Director, Maine Emergency Management Agency, Department of
Defense and Veterans' Services
Maine Emergency Management Agency
Department of Defense and Veterans' Services
72 State House Station
Augusta, Maine 04333-0072
(207) 626-4503
1-800-452-8735 (Maine only)
www.state.me.us/mema/serc/serc.htm
• Emergency planning: Maine Emergency Management Agency
(MEMA)
• Right-to-know: MEMA
• Recipient of Section 313 data: MEMA
The Maine Legislature passed "An Act to Implement, Administer, and
Enforce the United States Emergency Planning and Community
Right-to-Know Act of 1986" in June 1989. It allows fees to be set for
registration of all facilities required to report under SARA Title III,
reported weights of average daily inventories, and toxic releases
reported for Section 313 compliance. Monies received are to be used
for staff in MEMA, LEPC operating costs, and training programs and
training grants.
• Chemical Substance Identification Law (1984)
• An Act to Implement, Administer, and Enforce the United States
Emergency Planning and Community Right-to-Know Act of 1986
(June 1989)
• An Act to Clean the Environment by the Reduction of Toxics Use,
Waste and Release (April 1990)
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES—1999-2000
-------
Enforcement Efforts
Potential Liability of
SERCandLEPC
Members
SERCMembers
Maryland
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
The state has the authority to enforce EPCRA through inspections,
fines, and penalties.
The State Attorney General, in an advisory opinion, concluded that
LEPC members are not liable while serving on the local emergency
planning committee unless they are willfully negligent.
Director, Maine Emergency Management Agency, Department of
Defense and Veterans' Services;
Director, Bureau of Oil and Hazardous Materials Control,
Department of Environmental Protection;
Director, Environmental Health Unit, Department of Human
Services;
Director, Bureau of Maintenance and Operations, Department of
Transportation;
Commander, Support Services, State Police;
Representative of municipal government;
Representative of the Fire Chiefs' Association;
Representative of a professional firefighters union;
Representative of organized labor;
Representative of volunteer firefighters;
Representative of industry;
Director, Emergency Medical Services;
Representative of an environmental group;
Director, Bureau of Labor, Department of Labor;
American Red Cross (nonvoting); and
LEPC chairman (nonvoting).
35
Governor's Emergency Management Advisory Council/Maryland
State Emergency Response Commission
Executive Order No. 01. 01. 1987. 11
Established April 14, 1987
Governor's Emergency Management Advisory Council/Maryland
State Emergency Response Commission
Director, Maryland Emergency Management Agency
Governor's Emergency Management Advisory Council/State
Emergency Response Commission
5401 Rue Saint L6 Drive
Reisterstown, Maryland 21136
Maryland Department of the Environment
Attn: TARSA
2500 Broening Highway
Baltimore, Maryland 21224
PROFILES
-------
Agency Roles
36
Local Emergency
Planning Districts and
Committees
Related State Laws
Enforcement Efforts
Potential Liability of
SERCandLEPC
Members
Related Information
SERC Members
• Emergency planning and training: Maryland Emergency
Management Agency
• Right-to-know: Toxic Information Center, Department of the
Environment
• Recipient of Section 312 and 313 data: Department of the
Environment
• Twenty-five LEPCs are established.
• Maryland's twenty-three counties and the cities of Baltimore and
Ocean City serve as local emergency planning districts.
• Access to Information About Hazardous and Toxic Substances Act,
1984
• Emergency Planning Law (HB 1466), 1986
The state is enforcing its state worker and community right-to-know
program (state reporting requirements separate from federal EPCRA
program).
SERC and LEPC members are covered from liability in the same
manner as other government employees and volunteers.
The Emergency Management Advisory Council was established in
1981 under Article 16A, Section 5 of the Annotated Code of
Maryland.
Representatives from the following agencies and organizations:
Department of Budget and Management;
Department of Public Safety and Correctional Services;
Department of Business and Economic Development;
Department of the Environment;
Department of General Services;
Department of Health and Mental Hygiene;
Department of Housing and Community Development;
Department of the Military, National Guard;
Department of Labor, Licensing, and Regulation;
Department of Agriculture;
Department of Transportation;
Department of Natural Resources;
Maryland Emergency Management Agency;
Maryland Institute for Emergency Medical Services Systems;
Maryland State Police;
Office of the Fire Marshal;
Maryland Emergency Management and Civil Defense Association;
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES—1999-2000
-------
Maryland Fire and Rescue Institute;
Maryland Fire, Rescue, Education, and Training Commission;
Office of the State Treasurer;
Office of the Governor;
Office of the Comptroller;
U.S. Public Health Service;
Maryland Municipal League;
Fire departments;
Maryland Association of Counties;
State Firemen's Association;
Private utilities;
Industry;
American Red Cross;
Chemical Industry Council of Maryland; and
Local government.
37
Massachusetts
Commission Name
Legal Basis
Chair
Commission Address
Designated Agencies
Agency Roles
Massachusetts Emergency Response Commission
Established May 27, 1987
Director of State Emergency Management Agency
Massachusetts Emergency Response Commission
400 Worcester Road
P.O. Box 1496
Framingham, Massachusetts 01701-0317
(general information)
(508)820-2000
www.magnet.state.ma.us/mema/sercpag.htm
Massachusetts Emergency Management Agency
400 Worcester Road, P.O. Box 1496
Framingham, Massachusetts 01701
(emergency notification, planning, and training and right-to-know)
(508) 820-2000
Massachusetts Department of Environmental Protection
SARA Title III
One Winter Street, 1 Oth Floor
Boston, Massachusetts 02108
emergency notification and toxic release inventory
(617) 292-5500
• Emergency planning: SERC, care of the Massachusetts Emergency
Management Agency
• Recipient of Section 313 data: Department of Environmental
Protection
PROFILES
-------
38
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws
Enforcement Efforts
Potential Liability of
SERCandLEPC
Members
Related Information
SERC Members
• Training and right-to-know: Massachusetts Emergency
Management Agency
• The total cost of emergency planning and community right-to-know
programs was estimated to be $1.2 million to $1.5 million in 1999.
All costs are borne by SERC member agency budgets.
• The cost of Title III implementation at the state level is projected to
be between $700,000 and $1 million for right-to-know
requirements alone.
• There are 50 certified LEPCs in Massachusetts. The certification
process was designed to ensure all LEPCs are meeting the goals and
missions of SARA Title III. The process involves submitting a
completed application and the accompanying documentation related
to the level of certification they are applying for.
• Three Emergency Management Regions serve as local emergency
planning districts.
• Hazardous Substances Disclosure Act, 1983
• Toxics Use Reduction Act, 1989
The state is enforcing its Hazardous Substances Disclosure Act.
In an advisory opinion, the Department of the Attorney General
expressed its opinion that public employees (including SERC and
LEPC members) are immune from liability for injury, loss of
property, personal injury, or death caused by a negligent or wrongful
act or omission committed while acting within the scope of their
office or employment. An employee acting within the scope of official
duties or employment may be indemnified by the public employer
against the expenses, not to exceed $1 million, arising out of an action
against the employee.
The Massachusetts Department of Public Health (DPH) maintains a
file on the research laboratories, hospitals, and other medical facilities
claiming Tide III exemption for Section 311 and 312 reporting.
Massachusetts Fire Chiefs' Association;
Massachusetts Department of Environmental Protection;
Massachusetts Department of Public Health;
Massachusetts Emergency Management Agency;
Massachusetts Highway Department;
* Member of environmental organization;
* Member of trucking association;
Massachusetts Chiefs of Police Association;
Massachusetts Department of Fire Services;
* Member of Public;
Massachusetts Association of Hazmat Technicians;
* Three members of LEPCs;
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES—1999-2000
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Michigan
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
Massachusetts State Police;
Associated Industries of Massachusetts;
Massachusetts Chemical Technology Alliance;
Massachusetts Turnpike Authority;
Massachusetts Bay Transportation Authority;
Massachusetts Municipal Association;
U.S. Environmental Protection Agency Region 1;
Massachusetts Attorney General's Office;
Professional Firefighters of Massachusetts;
Massachusetts Office of Emergency Medical Services;
Massachusetts Call Volunteer Firefighters Association; and
Massachusetts Criminal Justice Training Council.
* These members are appointed by the SERC chairperson.
39
State Costs and
Approaches to Funding
Michigan Emergency Planning and Community
Right-to-Know Commission
Executive Order
Established April 16, 1987
Five state agencies, two representatives from local government, one
labor official, one representative from the academic community, one
representative from the general public, and three representatives from
emergency management.
Director, Department of State Police
Michigan Emergency Planning and Community
Right-to-Know Commission
Michigan Department of State Police
Emergency Management Division
4000 Collins Road
Lansing, Michigan 48913
www.deq.state.mi.us/ead/sara/serc.html
• Emergency planning: Michigan State Police
• Right-to-know: Department of Environmental Quality
• Recipient of Section 311-313 data: Department of Environmental
Quality
In fiscal 1999, Michigan State Police/Emergency Management
Division spent $326,897 in general funds for emergency planning,
and the Department of Environmental Quality spent $51,000 on
right-to-know activities.
PROFILES
-------
Local Emergency
Planning Districts and
Committees
40
Related State Laws
Enforcement Efforts
Potential Liability of
SERCandLEPC
Members
SERC Members
Minnesota
Commission Name
Legal Basis
Commission Format
Chair
• Each LEPC jurisdiction is covered by a local emergency program
that develops emergency operation plans or emergency operation
guidelines. These documents cover all hazards, including hazmat
incidents, and are updated annually.
• LEPCs are also responsible for developing site-specific community
response plans for each of the 3,054 SARA Title III sites in the state.
Twenty-two LEPCs submitted plans in 1999. Sixty-seven of
Michigan's ninety LEPCs have submitted site-specific community
plans since LEPCs were established.
• The eighty-three counties and seven municipalities serve as local
emergency planning districts.
• Fire Prevention Code, 1986
• Safety Data Sheet Disclosure Law, 1980
The state is enforcing its Fire Prevention Code and Safety Data Sheet
Disclosure Law.
The Michigan Department of the Attorney General has not yet
expressed an opinion on the issue of SERC and LEPC members'
potential tort liability.
Director, Department of Environmental Quality;
Director, Department of Consumer & Industry Services;
Director, Department of Community Health;
Director, Michigan State Police;
Director, Department of Agriculture; and
Representatives from the following organizations:
Local emergency management;
Local government;
Labor;
Academic program on health and safety; and
General public.
Minnesota Emergency Response Commission
Minnesota Statutes, Section 299K
The commission has twenty-two members, including commissioners
of public safety, health, and agriculture departments, the Pollution
Control Agency, and others appointed by the Governor. The
commission has five standing committees—reporting and public
requests, education and training, legislative, emergency planning, and
executive.
Elected annually from the commission membership
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES—1999-2000
-------
Commission Address
Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws
Enforcement Efforts
Minnesota Emergency Response Commission
444 Cedar Street, Suite 223
St. Paul, Minnesota 55101-6223
(651)297-7372
www.erc.state.mn.us
• Emergency planning: Department of Public Safety
• Right-to-know: Department of Public Safety
• Recipient of Section 313 data: Department of Public Safety
• The budget for the commission is $430,000 in fiscal 1999. This
budget provides for computerization of the data submitted by
regulated facilities and development of a statewide network to make
the information more readily available to emergency planners,
response personnel, the public, and other state agencies; for
administrative funds for local emergency planning committees,
including reimbursement of member expenses; and for improving
toxic chemical release reporting.
• Fees are assessed on hazardous chemical inventory reports for
recovery of data management costs and on toxic chemicals release
reports for various pollution prevention programs.
• The state law establishes seven regional review committees as LEPCs
and allows any political subdivision or adjacent subdivisions to form
LEPCs or planning advisory committees.
• Minnesota Statutes, Section 299K, states that every political
subdivision should prepare an emergency plan that addresses
Title III.
• All plans are reviewed and coordinated by the regional review
committees. Committees have reviewed all of the county plans in
addition to a number of city plans.
• Minnesota Hazardous Waste Materials Incident Response Act, 1992
• Minnesota Toxic Pollution Prevention Act, 1990
• Minnesota Emergency Planning and Community Right-to-Know
Act, 1989
• The Community Emergency Response Hazardous Substances
Protection Act, 1986 (Firefighters Right-to-Know)
• Employee Right-to-Know Act, 1983
• The SERC has the authority under state law to enforce the federal
law. It may delegate its authority to other state and local agencies.
• The SERC has adopted a compliance and enforcement strategy that
consists of informational letters, compliance orders, stipulation
agreements, civil penalties, and criminal penalties.
• The SERC has prepared an enforcement handbook for training
personnel in other agencies.
41
PROFILES
-------
Potential Liability of
SERCandLEPC
Members
Related Information
42
SERCMembers
Mississippi
Commission Name
Legal Basis
Commission Format
Chair
Minnesota statutes provide for the defense of SERC or LEPC
members unless they engage in conduct wholly outside the scope of
their duties. In many cases members would be immune from suit.
SERC or LEPC members acting within the scope of their duties
would be indemnified by their state or local government for any
judgments, fines, amounts paid in settlement, attorney's fees, or
litigation expenses entered against them.
• The Department of Public Safety supplies staffing and services for
the commission.
• The state law expands the reporting requirements under Section 311
and 312 to public sector facilities. Section 313 reporting for selected
nonmanufacturing sectors was expanded in 1994.
• State law requires the deposit of local emergency plans in designated
county libraries.
• The 1992 Minnesota Hazardous Materials Incident Response Act
authorizes the establishment of a statewide system of regional
hazardous materials response teams and chemical assessment teams.
The current twenty-two-member SERC consists of the following:
Commissioner, Department of Public Safety;
Commissioner, Department of Health;
Commissioner, Department of Agriculture;
Commissioner, Pollution Control Agency;
Representatives of emergency response organizations;
Health professionals;
Community group representatives;
Labor representatives;
Waste treatment operators;
Emergency management official;
Elected officials; and
Representatives from business and industry.
Mississippi Emergency Response Commission
Executive Order No. 798
Reorganized May 21, 1999
Two state agencies: Mississippi Emergency Management Agency,
Mississippi Department of Environmental Quality
Director, Mississippi Emergency Management Agency
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES—1999-2000
-------
Commission Address
Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Potential Liability of
SERCandLEPC
Members
SERC Members
Missouri
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Mississippi Emergency Response Commission
1410 Riverside Drive
P.O. Box 4501, Fondren Station
Jackson, Mississippi 39296-4501
(601) 352-9100
(601) 352-8314 (fax)
• Emergency planning: Mississippi Emergency Management Agency
• Right-to-know: Mississippi Emergency Management Agency
• Recipient of Section 313 data: Mississippi Department of
Environmental Quality
The SERC spent $64,940 in general funds for emergency planning
and right-to-know activities in fiscal 1999.
All of the eighty-two county LEPCs submitted plans to the SERC for
review and approval on a rotational basis.
• Section 33-15-21 MS Code provides immunity for state and local
personnel engaged in emergency management activities.
• The Volunteer Immunity Act of 1988 (Section 95-9-1 MS Code)
provides immunity to qualified volunteers.
Representatives of the Mississippi Emergency Management Agency;
and
Representatives of the Mississippi Department of Environmental
Quality
Missouri Emergency Response Commission (MERC)
Section 292.602, Revised Statutes of Missouri (RSMo), August 1992
Six representatives are appointed by the Governor. Four members of
the General Assembly are appointed by the legislative leadership. The
directors of the Departments of Natural Resources, Economic
Development, Health, and Public Safety, or their designees, complete
the fourteen-member commission.
Commission officers are elected annually by the commission members.
(EPCRA Reports [except Section 313 Form Rs])
Missouri Emergency Response Commission
P.O. Box 3133
2302 Militia Drive
Jefferson City, Missouri 65101
(314) 526-3349
www.sema.state.mo.us/semapage.htm
43
PROFILES
-------
44
Section 304 Emergency
Notification
Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws
Enforcement Efforts
Potential Liability of
SERCandLEPC
Members
Related Information
SERCMembers
Street Address:
2302 Militia Drive
Jefferson City, Missouri 65109
(Section 313 Form Rs)
Missouri Department of Natural Resources
Division of Environmental Quality
P.O. Box 176
205 Jefferson Street
Jefferson City, Missouri 65102
(573) 634-2436 (twenty-four hours)
Department of Natural Resources.
The Department of Public Safety has been assigned responsibility for
administering the state law and all provisions of the federal EPCRA
legislation except Section 313. Assistance in implementing the
program is provided by the Departments of Health, Economic
Development, and Natural Resources.
As of May 2000, approximately $688,997 was collected from Tier II
reporting fees and from pipelines. Sixty-five percent of these funds
were provided to LEPCs, 35 percent to the Department of Public
Safety.
Missouri has 114 county LEPCs and one City of St. Louis LEPC.
Some LEPCs have received voluntary contributions from facilities
within their jurisdiction to support their activities.
• Emergency Planning and Community Right-to-Know Act of 1992
(Sections 292.600 - 292.625 RSMo)
• Hazardous Substance Emergencies (Sections 260.500 - 260.550
RSMo)
The commission has adopted an enforcement policy that emphasizes
activities to encourage voluntary compliance. Failure to comply may
result in enforcement of Missouri's law or referral to U.S. EPA for
violations of the federal act.
Section 292.623 RSMo provides liability protection for MERC and
LEPC members when acting in their capacities pursuant to state or
federal law. This protection does not apply to cases of intentional
wrongdoing or gross negligence.
MERC was codified under state law in 1989, 1992, and 1993
(292.602 RSMo). In addition, state law was amended to provide
liability protection for LEPC and MERC members, special reporting
requirements for explosives, and a system for marking the location of
hazardous chemicals. Fees and inspection authority were added in
1992.
Director, Department of Economic Development, or designee;
Director, Department of Natural Resources, or designee;
Director, Department of Health, or designee; and
Director, Department of Public Safety, or designee.
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The Governor appoints a representative from each the following:
Hazardous materials transportation;
Missouri industry;
Chief fire officer;
Law enforcement officer;
Local government; and
General public.
The legislative leadership appoints four members:
Two state representatives appointed by the Speaker of the House;
and
Two state senators appointed by the President Pro Tempore of the
Senate.
Montana
Commission Name
Legal Basis
Commission Format
Chairs
Commission Address
Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws
Enforcement Efforts
Montana Emergency Response Commission
Executive Order No. 10-93
Established July 21,1993
Expansion of members of the existing Montana Hazardous Materials
Emergency Response Plan
Administrative Officer, Department of Environmental Quality, and
Administrator, Division of Disaster and Emergency Services
Department of Environmental Quality
1520 East Sixth Avenue
P.O. Box 200901
Helena, Montana 59620-0901
(406) 444-5263
• Emergency planning: Division of Disaster and Emergency Services
• Right-to-know: Department of Environmental Quality
• Recipient of Section 313 data: Department of Environmental
Quality
Federal agency planning and training grants.
The SERC designated the fifty-six counties as local emergency
planning districts.
Employee and Community Hazardous Chemical Information Act,
1985
Local governments are empowered to enforce the Employee and
Community Hazardous Chemical Information Act.
45
PROFILES
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46
Potential Liability of SERC and LEPC members who act within the scope and course of
SERC and LEPC their office will be defended and indemnified by the state of Montana.
Members However, the state will not defend or indemnify an employee whose
conduct constituted oppression, fraud, malice, or a criminal offense.
SERC Members Representatives of the following agencies:
Governor's office;
Division of Disaster and Emergency Services, Department of
Military Affairs;
State Department of Transportation;
State Highway Patrol, Department of Justice;
Fish, Wildlife, and Parks Department;
State Fire Marshal's Office, Department of Justice;
Burlington Northern;
Montana Power Company;
Chairman, Lewis and Clark County LEPC;
Director, Montana Fire Training School;
U.S. Air Force, Malmstrom Air Force Base;
Montana Motor Carriers Association; and
Billings fire department.
Nebraska
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
State Emergency Response Commission
Nebraska Emergency Planning and Community Right-to-Know Act,
Sections 81-15, 191 to 81-15, 235.
Directors of six state agencies, two elected officials or employees of
municipal or county government, and one citizen member to
represent each of the following interest groups: firefighters, local
emergency management, public or community health, environmental
protection, labor, school district, small business, agricultural business,
chemical industry, highway and rail transportation.
Elected annually by the membership from its citizen members.
State Emergency Response Commission
Nebraska Emergency Management Agency
1300 Military Road
Lincoln, Nebraska 68508-1051
www.nebema.org/serc.html
• Emergency planning: State Emergency Management Agency, in
conjunction with LEPCs
• First responder training: State Emergency Management Agency,
State Fire Marshal Training Divisions
• Right-to-know: Department of Environmental Quality
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State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
SERC Members
Nevada
Commission Name
Legal Basis
Commission Format
Chairs
Commission Address
Agency Roles
• Recipient of Sections 311,312, and 313 data: Department of
Environmental Quality
• Emergency release notification: Department of Environmental
Quality
• The Department of Environmental Quality receives $85,000
annually from general funds for data management.
• The Legislature is currently considering the establishment of a fee
system attached to Tier II submission.
The County is designated as the local planning district. Approximately
half of Nebraska's 93 counties have a functioning LEPC. Plans are
developed as part of the county all-hazards local emergency operating
plan (LEOP).
Director, Nebraska Emergency Management Agency;
Director, Department of Roads;
Director, Health, Human Services Regulation and Licensure;
Director, Law Enforcement and Public Safety;
Director, Department of Environmental Quality;
State fire marshal; and
Citizen representatives from local government, firefighters, local
emergency management, community health, environmental
protection, school districts, small business, agricultural business,
chemical industry, highway and rail transportation.
Nevada State Emergency Response Commission
State law (NRS-459)
The twenty-member commission consists of representatives from
three state agencies, one county health official, seven local emergency
responders, five representatives from private industry, one mining
industry representative, one gaming industry representative, one local
government official, and one state elected official.
Local: Chair, Clark County LEPC
Nevada State Emergency Response Commission
Department of Motor Vehicles and Public Safety
555 Wright Way
Carson City, Nevada 89711-0900
(775) 687-6973
www.state.nv.us/dmv_ps/serc.htm
• Emergency planning: Division of Emergency Management
• Recipient of Section 313 data: Division of Environmental Protection
• Recipient of Section 312 data: fire marshal's office
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PROFILES
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State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws
Enforcement Efforts
Potential Liability of
SERCandLEPC
Members
Related Information
SERC Members
• Nevada Revised Statutes 459 establishes a hazardous materials
contingency fund that is used to support Title III activities. The
state emergency response commission, responsible for administering
the contingency fund, will receive funding for operational costs. The
contingency fund went into effect in January 1989.
• In addition, a new state reporting fee law is generating
approximately $200,000 annually, which is used to support LEPC
activities.
All of the seventeen-eounty LEPCs submitted local emergency plans
to the SERC. The plans are continually tested and updated.
Nevada Revised Statutes, Chapter 459 (pertaining to hazardous
materials)
The state is enforcing its own hazardous materials transportation
regulations.
Under Nevada law, defense and indemnification may be provided to
members for actions relating to their public duty or employment,
unless the conduct in question was wanton or malicious. Members
must submit a timely request for defense and cooperate, in good faith,
in the defense. Nevada law may provide members with immunity
from liability under certain factual situations relating to emergency
response functions.
The State Emergency Response Commission Office is located
organizationally within the Department of Public Safety. The office
provides administrative support and other services. The SERC
coordinates commission projects, provides and coordinates LEPC
support, facilitates grants administration, and provides liaison with
public agencies and the state legislature.
Government Relations Director, Southern Pacific Transportation
Company;
Director, Department of Motor Vehicles and Public Safety;
Administrator, Department of Environmental Protection;
State fire marshal/training officer;
Senior Industrial Hygienist, Nevada Occupational Safety and Health
Enforcement Section;
Special Services Director, Clark County Manager's Office;
Representative, rural county;
Chair, Elko County LEPC;
Health Officer, Clark County Health Department;
Fire Marshal, City of Reno Fire Department;
Deputy Chief, Clark County Fire Department;
Environmental Specialist, Kerr-McGee Chemical Corporation;
Emergency Coordinator, Clark County;
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Environmental Manager, TIMET;
Emergency Coordinator, City of Las Vegas;
State senator;
Representative, law enforcement;
Representative, Nevada Mining Association;
Representative, Nevada Gaming Industry; and
Representative, hazardous materials contractor.
New Hampshire
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws
New Hampshire Emergency Response Commission
Executive Order
Expansion of the Governor's Task Force for Acutely Toxic Chemical
Emergency Preparedness. Additional members include representatives
from industry, associations, labor, emergency medical services, media,
state senate and house, local government, fire service, law
enforcement, and environmental interest groups.
Director, Governor's Office of Emergency Management
' New Hampshire Emergency Response Commission
c/o Governor's Office of Emergency Management
State Office Park South
107 Pleasant Street
Concord, New Hampshire 03301
(603) 271-2231
• Emergency planning: Governor's Office of Emergency Management
(lead agency)
• Right-to-know: Governor's Office of Emergency Management
• Recipient of Section 313 data: Governor's Office of Emergency
Management
• The Governor's Office of Emergency Management used existing
general funds and staff for emergency planning efforts and
right-to-know activities. There is no dedicated funding source for
program implementation.
• Implementation of Title HI is estimated to cost die state
approximately $250,000 annually.
• Each of the 230 municipalities was designated as a planning district.
In addition, every municipality has formed a local emergency
planning committee. The municipal LEPCs are building upon
existing emergency management procedures.
• As of March 2000, the SERC has received seventy emergency plans.
Worker Right-to-Know Law, 1983
49
PROHLES
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Related Information
50
SERCMembers
• The Governor's Task Force for Acutely Toxic Chemical Emergency
Preparedness was established in 1985 and was expanded and
designated as the SERC in 1987.
• The commission has developed the following programs and is
undertaking activities in the following emergency response and
planning areas:
A Hazardous Materials Incident Response Plan and Standard
Operating Procedure (SOP);
, A resource identification program;
A community hazard identification program;
A state response team and unit;
Programs for local awareness, training, and planning;
Interagency drills and exercises;
Hazardous materials regional workshops;
Plans review;
Grant assistance; and
Legislative issues.
Representatives on the existing task force from the following agencies
and organizations:
Governor's Office of Emergency Management;
, Department of Safety;
State fire marshal;
Office of the Governor;
Office of the Attorney General;
Department of Transportation;
Department of Environmental Services;
Department of Agriculture;
Business and Industry Association;
Public Utilities Commission;
Police Chiefs' Association;
Fire Chiefs' Association;
Fire Standards and Training;
Chemical industry;
Trucking Association;
Legislative Association;
Labor;
Emergency Medical Services;
White Mountain National Forest; and
News media.
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New Jersey
Commission Name
Legal Basis
Commission Format
Chairs
Commission Address
Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws
New Jersey State Emergency Response Commission
Executive Order No. 161
Established February 13, 1987
The commission is based on the Governor's Advisory Council for
.Emergency Services, established under the Emergency Services Act of
1972.
Superintendent, New Jersey State Police;
Director, State Office of Emergency Management; and
Commissioner, New Jersey Department of Environmental Protection
New Jersey State Police
Office of Emergency Management
Division Headquarters
Box 7068 River Road
Ewing, New Jersey 08628-0068
(609) 538-6064
(Emergency planning)
New Jersey Department of Environmental Protection
Bureau of Chemical Release Information and Prevention
SARA Title III Program
CN 405
Trenton, New Jersey 08625-0405
(609) 292-6714
(Right-to-know)
• Emergency planning: Office of Emergency Management, State Police
• Right-to-know: Bureau of Chemical Release Information and
Prevention, Department of Environmental Protection
• Recipient of Section 313 data: Bureau of Chemical Release
Information and Prevention, Department of Environmental
Protection
• State general funds are used for emergency planning. Right-to-know
activities are entirely supported by the New Jersey Worker and
Community Right-to-Know Act.
• Under existing state law, regulated facilities are assessed a fee of $2
per employee, widi a minimum of $50 per employer.
• 577 of the 587 county and municipal LEPCs have SERC-approved
plans, and 10 additional LEPCs have plans under development.
• The New Jersey Emergency Management Act requires every
municipality and county in the state to establish an emergency
management council and to develop an emergency operations plan.
Executive Order 161 designates all 567 municipalities and 21
counties as LEPCs.
• Spill Compensation and Control Act (1989)
• Toxic Catastrophe Prevention Act (1986)
51
PROFILES
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Enforcement Efforts
52
Potential Liability of
SERCandLEPC
Members
Related Information
• Public Employees Occupational Safety and Health Act (1984)
• Worker and Community Right-to-Know Act (1983)
• The state is enforcing its own worker and community right-to-know
law.
• The Department of Environmental Protection (DEP) requires all
potential Section 313 facilities to complete and return a state form
indicating whether or not they were subject to toxic release
inventory provisions. The thresholds for completion of the state
form are more stringent than those under section 313 of the federal
EPCRA.
• All counties in the state have a community right-to-know contact
person who handles requests for information and provides technical
assistance to employers in understanding the requirements for
compliance.
• DEP is promoting Section 312 compliance through its
communication/outreach program. Speaking engagements are
regularly scheduled with regulated businesses, trade associations and
community service organizations, promoting an understanding of
the program, its value, and goals.
• 824 inspections of facilities were conducted during calendar 1998 to
verify survey accuracy, lend technical assistance in completing the
survey, and maintain a field presence in the regulated community.
• The Department of Health and Senior Services' Public Employees
Occupational Safety and Health (PEOSH) Program, in cooperation
with the State Police Office of Emergency Management, has
developed a method of enforcing planning and training
requirements through authorities granted under the New Jersey
PEOSH Act, which mirrors OSHA 1910.120. Together, these two
agencies work to seek compliance from all 588 LEPCs in the state.
• DEP uses a combined survey that satisfies the reporting
requirements of SARA, Section 312, and New Jersey's Community
Right-to-Know Act. The DEP's active enforcement of its own law,
through the issuance of civil administrative penalties and
administrative orders, will also generate compliance with federal law.
• Existing law provides immunity from liability to individuals or
entities for acts or omissions in anticipation of, in preparation for, or
in the course of rendering care, assistance, or advice on imminent,
potential, or actual hazardous discharge.
• New Jersey Public Law 1989, Chapter 351, provides immunity from
civil suits for members of local emergency planning committees.
• The New Jersey Office of Emergency Management (NJOEM) has
made significant progress in addressing its hazardous materials
emergency responder training mandates, identified under OSHA
Law 1910.120.
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• NJOEM has established a cooperative agreement with the HMACs
of the state to provide assistance with planning and training.
• NJOEM has also released a revised set of guidelines for the
preparation of the LEPC Emergency Operations Plans (EOPs). The
office has distributed to LEPCs "standardized text," which is generic
language applicable to most of the plan. LEPCs need only modify
the text where their local operations differ from that in the EOF .
guidance.
• Summaries of various data collected via the federal Toxic Release
Inventory (TRI) are included in a Right-to-Know Annual Report.
Information from the TRI is used to support several air programs in
DEP, including permit review, air quality management, the
emissions inventory, and rule development. Research conducted by
the Office of Pollution Prevention and the Division of Science and
Research is also supported.
• The New Jersey Department of Health and Senior Services enforces
right-to-know labeling, under the state's Worker and Community
Right-to-Know Act, which benefits emergency responders and
public employees.
• The commission is based on the existing Governor's Advisory
Council for Emergency Services, established under the Emergency
Services Act of 1972. The council members, along with the director
of the Office of Emergency Management and the commissioner of
the Department of Health and Senior Services, form the commission.
SERCMembers Superintendent, New Jersey State Police;
Commissioner, Department of Environmental Protection;
Commissioner, Department of Health and Senior Services;
Attorney General;
Adjutant General, Department of Military and Veteran Affairs;
Commissioner, Department of Community Affairs;'
Commissioner, Department of Transportation; and
President, Board of Public Utilities.
New Mexico
Commission Name
Legal Basis
Commission Format
Chair
New Mexico State Emergency Response Commission
Hazardous Chemical Information Act, Section 74-4E-1989
Emergency Management Act, Section 74-4B-1989
Seven members appointed by the Governor, at least three from the
public sector.
Appointed by the Governor
53
PROFILES
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Commission Address
54
Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws
Potential Liability of
SERCandLEPC
Members
SERC Members
New York
Commission Name
Legal Basis
Commission Format
Chair
Department of Public Safety
Chemical Safety Office
P.O. Box 1628
Santa Fe, New Mexico 87504-1628
(505) 476-9600
• Emergency planning: Technological Hazards Bureau, Department
of Public Safety
• Right-to-know: Department of Public Safety
• Recipient of Section 313 data: Technological Hazards Bureau,
Department of Public Safety
New Mexico's Hazardous Materials Information Act calls for a $25
fee for the submission of Section 312 Tier II chemical inventory
reports, with a maximum of $250 per facility.
LEPC plans are updated annually.
• Hazardous Materials Information Act, 1989
• New Mexico Emergency Management Act
State law 74-4E-4F (NMSA 1978) provides immunity from tort
liability for emergency response actions, including planning provisions.
Director, Technical Emergency and Support Division;
Executive Director, New Mexico Motor Carriers' Association;
Chief, Primary Care and Emergency Medical Services Bureau,
Department of Health;
Director, Poison Control Center, University of New Mexico;
Emergency planner, Intel plant; and
Representative, state fire marshal's office.
New York State Emergency Response Commission
Executive Order 95
Established April 17, 1987
The Disaster Preparedness Commission serves as the SERC. It consists
of representatives from twenty-two state agencies and three additional
members appointed by the Governor, two of whom shall be chief
executives.
Chairman, Disaster Preparedness Commission, appointed by the
Governor
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES—1999-2000
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Commission Address
Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws,
Potential Liability of
SERCandLEPC
Members
Related Information
New York State Emergency Response Commission
Building #22, Suite 101
1220 Washington Avenue
Albany, New York 12226-5000
(518)457-2222
www.nysemo.state.ny.us/serc/serc.html
• Emergency planning: State Emergency Management Office
• Right-to-know: Department of Environmental Conservation
• Recipient of Section 313 data: Department of Environmental
Conservation
• No state funds have been allocated to the Title III program.
Legislation that would provide program funds has been passed by
the state assembly but not by the state senate. It is estimated that
several hundred thousand dollars in state resources are used to
support the program annually.
• The state participates in the FEMA Section 305 Training Grant
Program and DOT's HMTA Planning and Training Grants
Program.
• A few LEPCs have benefited from financial settlements resulting
from citizen suits and enforcement of related state laws.
• The fifty-seven counties and New York City were designated as local
emergency planning districts, for a total of fifty-eight.
• All of the fifty-eight LEPCs submitted local emergency plans to the
SERC every two years.
• Worker Right-to-Know Act, 1980
• Environmental Conservation Law: Chemical Bulk Storage, Parts
595-597 Petroleum Bulk Storage, Parts 612-614
• General Municipal Law, Sect. 209-U, Notification of Presence of
Hazardous Materials
• Executive Law, Art. 2-B, State and Local Natural and Man-Made
Disaster Preparedness Act
In 1989 a formal opinion was issued by the state attorney general
stating that LEPC members are state employees for purposes of
defense and indemnification under New York state law.
• The commission publishes a quarterly information bulletin,
The SERC Reporter.
• The state's Annual Disaster Preparedness Conference features a
special track for LEPC representatives.
• The state emergency management office and the office of fire
prevention and control jointly developed an "Incident Command
System" course for local officials involved in hazardous materials
response.
55
PROFILES
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56
SERC Members
• A computer lab offering hands-on training with Computer-Aided
Management of Emergency Operations (CAMEO) software has
been established at the state fire academy.
• A SERC working group was formed in 1987 with representatives of
six state agencies, a local government representative, and two
representatives from business and industry.
• The SERC has prepared guidance, computer software, and
audio-visual aids on Title III to support LEPCs in their planning
efforts.
• The Department of Environmental Conservation (DEC) has a
twenty-four hour state spill hot line for Section 304 notification.
• DEC manages the database for Section 313 Toxic Release Inventory.
• Section 305 training is administered by the state emergency
management office, which is the administrative arm of the
commission. The Office of Fire Prevention and Control also is
closely involved in Title III training activities.
• New York City has its own community right-to-know law.
The head or designated representative of the following agencies:
Department of Health;
Department of Environmental Conservation;
State Energy Office;
Division of Criminal Justice Services;
Department of Education;
Department of Social Services;
Department of Economic Development;
Department of Agriculture and Markets;
Department of Housing and Community Renewal;
Office of General Services;
Department of Transportation;
Department of Labor;
State Police;
Department of State;
Office of Fire Prevention and Control;
Public Service Commission;
Division of Military and Naval Affairs;
Thruway Authority;
Banking Department;
Insurance Department;
American Red Cross; and
Three additional members appointed by the Governor, including
two chief executives.
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North Carolina
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws
Enforcement Efforts
Potential Liability of
SERCandLEPC
Members
Related Information
SERC Members
North Carolina Emergency Response Commission
Executive Order 17, signed June 1993
Consists of at least nineteen members, including representatives from
state agencies, local government, and private industry.
Director, Division of Emergency Management
North Carolina Emergency Response Commission
116 West Jones Street
Raleigh, North Carolina 27603-1335
(919) 733-3867
(800) 451-1403 (N.C. only)
www.dem.dcc.state.nc.us
• Emergency planning: Division of Emergency Management,
Department of Crime Control and Public Safety
• Right-to-know: Department of Labor, Division of Occupational
Safety and Health (800-LABOR-NC)
• Recipient of Section 313 data: Division of Emergency Management,
Department of Crime Control and Public Safety
• SARA records available from: Division of Emergency Management,
SARA Coordinator
In 1998, awarded $45,710 to Local Emergency Planning Committees
for ongoing implementation and special projects.
100 Local Emergency Planning Districts formed from existing county
boundaries, Indian tribes, and multi-county agreements.
• Hazardous Chemical Right-to-Know Act, 1985
• North Carolina Hazard Communication Standard
The Department of Labor enforces the state's Hazardous Chemicals
Right-to-Know Act.
EPCRA enforcement is conducted by EPA Region IV.
For the purposes of liability, SERC and LEPC members should be
treated the same as other state employees and will be liable in suits
arising out of their own negligence. If the alleged negligence resulted
from the work of an individual as an agent of North Carolina, the
state may provide attorneys to defend the employees and pay
judgments or settlements up to the limit of the State Tort Claims Act,
currently $100,000.
The Department of Crime Control and Public Safety, Division of
Emergency Management, provides administrative and staff support to
the commission as needed.
Director, Division of Emergency Management;
Hazardous Materials Coordinator, State Highway Patrol;
57
PROFILES
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58
Safety Director, Department of Agriculture;
Director, Emergency Planning, Division of Highways, Department of
Transportation (DOT);
Chief, Transportation Inspection, Division of Motor Vehicles, DOT;
Manager, Training/Standards Program, Fire and Rescue Services
Division, Department of Insurance;
Chief, Emergency Medical Services, Division of Facility Services,
Department of Human Resources;
Six at-large members from local government and private industry with
technical expertise in the emergency response field to be appointed by
the Governor and serve for terms of two years;
Director, Division of Waste Management, Department of
Environment and Natural Resources (DENR);
Director, Division of Water Quality, DENR;
Director, Division of Air Quality, DENR;
Director, Division of Radiation Protection, DENR;
Director, Division of Pollution Prevention and Environmental
Assistance, DENR; and
Assistant Deputy Commissioner of Labor for Occupational Safety and
Health.
North Dakota
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
North Dakota State Emergency Response Commission
Executive Order No. 1987-3
Established April 14, 1987
Eleven state agencies
Director, Division of Emergency Management,
State Emergency Operations Center
North Dakota Division of Emergency Management
P.O. Box 5511
Bismarck, North Dakota 58506-5511
(701) 328-8100
(Reporting and right-to-know requests)
• Emergency planning and training: Division of Emergency
Management and Office of the State Fire Marshal
• Recipient of Sections 302, 311-313 data: Division of Emergency
Management
Approximately $25,000 in general funds is spent on emergency
planning, training, and data management for Title III implementation
each year.
• All of the fifty-three county LEPCs submitted a local emergency
plan to the SERC for review. The LEPCs will continue to develop
and improve these plans to ensure adequate planning.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES—1999-2000
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Related State Laws
Enforcement Efforts
Potential Liability of
SERCandLEPC
Members
SERC Members
• The Division of Emergency Management uses a computer program
to manage all the reporting, facility contacts, and other information
to assist state and local emergency planners.
• Hazardous Chemicals Preparedness and Response Law, NDCC
37-07.1-17.1, (1991)
• Toxic or Hazardous Substances Information Disclosure Act, 1985
The state is enforcing its own Toxic or Hazardous Substances
Information Disclosure Act. The state will also enforce Title III
reporting requirements.
SERC and LEPC members will not be held personally liable for acts
or omissions occurring within the scope of their duties, unless the acts
or omissions constitute reckless or grossly negligent conduct, or willful
or wanton misconduct. SERC and LEPC members may be liable for
punitive or exemplary damages, especially if the act in question was
outside die scope of the member's duties or office.
Representatives of the following agencies:
Office of the Governor;
Division of Emergency Management;
Department of Health and Consolidated Laboratories;
State Department of Transportation;
State Office of Management and Budget;
State Highway Patrol;
State Fire Marshal's Office;
State Radio Communications;
Office of die Attorney General;
Department of Agriculture; and
Department of Workers' Compensation.
Northern Marianas
Note: Updated information for Northern Marianas was not available at time of publication.
Commission Name
Commission Format
Chair
Commission Address
Agency Roles
Northern Marianas State Emergency Response Commission
State agencies and citizens
Director, Saipan Disaster Control Office
and Civil Defense Coordinator
Office of the Governor
Capitol Hill
Saipan, C.M.
Northern Mariana Islands 96950
• Emergency planning: Office of the Governor
• Right-to-know: Office of the Governor
• Recipient of Section 313 data: Office of the Governor
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PROFILES
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Local Emergency The entire territory is designated as a local emergency planning district.
Planning Districts and
Committees
SERCMembers Emergency Operations Center;
Commonwealth Health Center;
Department of Public Works;
Department of Fish and Wildlife;
Coastal Resource Management;
Department of Environmental Quality;
Department of Public Safety;
Department of Fire Division;
Tinian Mayor's Office;
Rota Mayor's Office; and
Commonwealth Utility Corporation.
Commission Name
Legal Basis
Commission Format
Co-Chairs
Commission Address
Agency Roles
State Costs and
Approaches to Funding
Ohio State Emergency Response Commission
Chapter 3750 Ohio Revised Code (ORC)
Effective 12-14-88
Includes representatives from state and local government, industry,
and environmental groups. The commission has nineteen voting
members and two nonvoting elected officials from the state legislature.
Ohio Environmental Protection Agency
Ohio Emergency Management Agency
Ohio Environmental Protection Agency
SARA Title III
P.O. Box 1049
Columbus, Ohio 43216-1049
(614) 644-2260
www.epa.ohio.gov/derr/serc/index.html
• Emergency planning: Ohio Emergency Management Agency and
Ohio Environmental Protection Agency
• Right-to-know: Ohio Environmental Protection Agency,
Right-to-Know Program
• Recipient of Section 313 data: Ohio Environmental Protection
Agency, Division of Air Pollution Control
• The Ohio EPA collected $1.9 million in state fiscal 1999 Title III
fees for grant distribution to LEPCs and state agencies on the SERC.
• Section 3750.13 ORC establishes Section 312 submission fees and
was amended on July 26, 1991, to reflect changes in needs of the
program. A facility with no extremely hazardous chemicals and/or
no more than five hazardous chemicals pays a $100 fee. Larger
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES—1999-2000
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Local Emergency
Planning Districts and
Committees
Related State Laws
Enforcement Efforts
facilities that do not meet the above criteria and have more than five
different chemicals pay $100 plus $10 for each chemical over five.
The maximum fee a facility must pay is $2,500. Additionally, a $50
fee per extremely hazardous substance reported is required.
• A $25 base fee is charged to oil and gas producers, with a $10
surcharge for each additional oil and gas site over thirty-five reported.
• A late fee of an additional 15 percent of the regular Section 312 fee
will be imposed on facilities that file chemical reports past the
annual March deadline. Late fees are compounded quarterly.
• The state legislation mandates that covered facilities submit a list
rather than individual MSDS forms.
• The state offers a 15 percent discount on the fee to facilities that
submit chemical data by computer tape or diskette.
• Total fee revenue will be divided in the following proportions:
15.percent to 25 percent to the SERC;
60 percent to 75 percent to LEPCs; and
5 percent to 15 percent for first responder training.
• LEPCs must go through a grant application process administered by
the SERC to receive Title III funding.
• The Ohio EPA estimates that total projected Title III program costs
through state fiscal 1999 will amount to $4.3 million.
• Of the eighty-seven county LEPCs, eighty-six submitted emergency
response plans to the Ohio Emergency Management Agency as of
October 1999. Seventy-three of the plans have been approved by die
SERC.
• Eighty-six LEPCs exercised their plans in fiscal 1999.
• The Ohio SERC anticipates that LEPCs will continue to perfect
local emergency plans and work on the following areas: conducting
plan exercises, vulnerability and risk analysis, data management, and
information dissemination.
• Local committee membership ranges in size from nine (Carroll
County) to fifty-nine (Wood County), with an average-sized
committee consisting of twenty-four members.
• Chapter 3751 of the Ohio Revised Code provides authority for a
Toxic Release Inventory Program.
• Chapter 3750 provides a variance procedure by which an LEPC may
add chemicals or facilities to the planning process. In addition, it
contains provisions that allow fire departments to require placarding
of hazardous substance storage areas and lock boxes of chemical data
at the entrance of high-risk facilities.
LEPCs may take action through dieir county prosecutor and use
penalties for their administrative costs.
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Related Information
SERC Members
62
Potential Liability of Ohio law provides limited immunity for SERC and LEPC members
SERC and LEPC when they act within the scope of their statutory authority and if the
Members conduct in question is not wanton, willful, reckless, malicious, or in
bad faith. SERC and LEPC members are considered to be county or
state employees for liability arising from their appointments to the
commission/committee under Chapter 3750 of the new state
legislation.
The State Fire Marshal's Academy conducts first responder training
using grant funds received from the Federal Emergency Management
Agency and the U.S. Department of Transportation.
The head or designated representative of the following state agencies:
Ohio Environmental Protection Agency (chair);
Emergency Management Agency;
Public Utilities Commission;
Attorney General's Office;
State Fire Marshal's Office;
Department of Health;
Bureau of Employment Services;
State and Local Government Commission; and
Bureau of Workers' Compensation.
Other commission members include representatives of the following:
Ohio Chemical Council or the Ohio Petroleum Council;
Regulated industry representative;
, Two environmental advocacy groups;
Municipal government;
County government;
Ohio Emergency Management Association;
Fire Chiefs' Association;
Professional Firefighters' Association;
Volunteer Firefighters' Association;
State senator; and
State representative.
Oklahoma
Commission Name
Legal Basis
Commission Format
Oklahoma Hazardous Materials Emergency Response Commission
OAC 252:020
Four state agencies, one cabinet secretary, one representative from the
response community, and one representative from the regulated
community.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES—1999-2000
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Chair
Commission Address
Agency Roles
Local Emergency
Planning Districts and
Committees
SERC Members
Oregon
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
Executive Director, Oklahoma Department of Environmental Quality
Oklahoma Department of Environmental Quality
P.O. Box 1677
Oklahoma City, Oklahoma 73101-1677
(405) 702-1000
• Emergency planning: Department of Civil Emergency Management
• Right-to-know: Oklahoma Department of Environmental Quality
• LEPC coordination: Oklahoma Department of Environmental
Quality
• Recipient of Sections 311-313 data: Oklahoma Department of
Environmental Quality
• County emergency plans include an annex that focuses on hazardous
materials preparedness and response and contains site-specific
information.
• The state has seventy-seven county and three federal installations as
LEPCs.
Secretary of Safety and Security;
Executive Director, Department of Environmental Quality;
Commissioner, Department of Public Safety;
Director, Department of Emergency Management;
State fire marshal;
Industry representative; and
Response community representative.
63
Oregon Interagency Hazard Communication Council/State
Emergency Response Commission
Oregon Revised Statutes (ORS) 453.510-453.527
Sixteen state agencies, three representatives from the general public,
and two from local government.
Assistant to the Governor for Natural Resources
Oregon State Emergency Response Commission
c/o Department of State Police
Oregon Emergency Management
595 Cottage Street NE
Salem, Oregon 97310
(503)378-2911
State Fire Marshal
4760 Portland Road NE
Salem, Oregon 97305-1760
(503) 378-3473
(Right-to-know)
Recipient of Section 313 data: State fire marshal
PROFILES
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State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws
Enforcement Efforts
Potential Liability of
SERCandLEPC
Members
Related Information
• The Community Right-to-Know Program has a total budget of
$2,593,445 for 1999-2001. These programs are financed using
hazardous substance possession fee revenues.
• The hazardous substance possession fees also support the Toxic Use
Reduction Program and fund the state Superfund program.
• The Regional Hazmat Teams Project has a total budget of
$1,987,506 for 1999-2001. A separate petroleum load fee provides
funds to train and equip ten regional hazardous substance emergency
response teams.
Although the entire state is regarded as one emergency planning
district, counties and cities are required to complete and submit local
emergency plans to the SERC. One-half of the counties and one-third
of the cities in the state submitted plans by the October 17, 1998,
deadline. The county and city plans will be integrated into the state
emergency plan.
Community Right-to-Know and Protection Act, 1985
• The office of the state fire marshal began a program of enforcement
investigation procedures. The state agency is empowered to enforce
state and federal right-to-know provisions, conduct unannounced
investigations of potential violators, and levy penalties.
• The state fire marshal's office has four staff members responsible for
providing assistance, consultation, and enforcement.
The Oregon Tort Claims Act requires the governing board of every
public body to defend and indemnify its officers, employees, and
agents, whether elected or appointed, against tort claims arising out of
an alleged act or omission occurring in the performance of a duty.
LEPC members would be considered officers, employees, or agents of
state or local government and, therefore, would be protected against
personal liability so long as their actions were performed within the
scope of their employment or duties and did not constitute
malfeasance or gross negligence. LEPC members are immune from
liability for those functions that are discretionary in nature. Although
the interpretation provided by the Oregon Department of Justice only
addressed the potential tort liability of LEPC members, it appears that
the same applies to SERC members.
• The state fire marshal's office, which presently administers the
Oregon Community Right-to-Know and Protection Act, receives
Sections 302, 303, 311,312, and 313 data, and incorporates most of
that information into an existing database.
• U.S. EPA officials agreed to allow the state fire marshal's office to
distribute its own hazardous chemical information form for Section
312. The state fire marshal's office distributed the form to
approximately 25,000 covered facilities this year. The computerized
system combines material safety data sheets and Tier II information.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES—1999-2000
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• A statewide hazardous materials incident reporting system has been
in place for several years. Data collected have been used for planning
and funding decisions.
• The state fire marshal serves as a repository for hazardous chemical
information for state fire departments. Fire departments can access
community right-to-know and chemical information specific to their
own jurisdictions on a twenty-four-hour basis. Data can be obtained
for an entire jurisdiction or for a particular facility.
SERCMembers Assistant to the Governor for Natural Resources (chair);
Director, Department of Environmental Quality;
Director, Department of Energy;
Director, Department of Transportation;
Director, Department of Agriculture;
Assistant Director, Department of Health;
Director, Department of Fish and Wildlife;
Administrator, Accident Prevention Division, Workers' Compensation
Department;
Director, Emergency Management Division, State Police Department;
State Fire Marshal, State Police;
Superintendent, State Police;
State Forester;
Director, Poison Control and Drug Information Program;
Chair, Department of Agricultural Chemistry, Oregon State
University;
Chairperson, Public Utility Commission;
Director, Center for Occupation Disease Research, Oregon Health
Sciences University; and
Five public members, representing the Oregon Fire Chiefs'
Association; county sheriff; associated Oregon industries;
the Oregon Trucking Association; and a public interest group.
Pennsylvania
Commission Name
Legal Basis
Commission Format
Chair
Pennsylvania Emergency Management Council (PEMC)
Hazardous Material Emergency Planning and Response Act
(Act 1990-165)
Based on an existing Emergency Management Council. Additional
members include public and private sector representatives.
Lieutenant Governor
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Commission Address
Agency Roles
State Costs and
Approaches to Funding
66
Local Emergency
Planning Districts and
Committees
Pennsylvania Emergency Management Council
c/o Pennsylvania Emergency Management Agency
P.O. Box 3321
Harrisburg, Pennsylvania 17105-3321
(717)651-2199
• Emergency planning: Pennsylvania Emergency Management Agency
(PEMA)
• Right-to-know: Department of Labor and Industry, Bureau of
PennSafe
• Recipient of Section 313 data: Department of Labor and Industry,
Bureau of PennSafe
• Pennsylvania Act 165 established two fee accounts, one at the
county level and one at the state level. Under the county fund,
facilities pay an annual fee of between $35 and $75 (as determined
by county ordinance) for each chemical reported on the Tier II
report. Additionally, up to $100 (the exact amount is set by county
ordinance) is paid annually by each SARA planning facility.
• The state Hazardous Material Response Fund (HMRF) is a
restricted revenue account used to administer emergency
planning/response and data collection/dissemination functions at the
state and county levels. The fund consists of an annual $10 fee for
each chemical on the Tier II reports. A registration fee of $1,000 was
paid the first year (1990) by facilities filing a toxic chemical release
inventory (TRI) report for calendar year 1989. For the 1990 report
year and subsequent years, the fee is $250 per TRI chemical, with a
cap of $5,000 per facility.
• The state HMRF provides grants to counties to supplement local
programs and for special needs, as well as administrative costs related
to hazardous material response team training; public and facility
owner education, information, and participation programs; and
general administration and operational expenses of the act.
• In Pennsylvania, each county is designated a local emergency
planning district and thus, each has a local emergency planning
committee (LEPC). Act 165 specifies that the local committees shall
be composed of the county emergency management coordinator,
one county commissioner, and at least one person appointed by the
council from each of the following groups: local government elected
officials; law enforcement, first aid, health, local environmental,
hospital, and transportation personnel; firefighting personnel; civil
defense and emergency management personnel; broadcast and print
media; community groups not associated with emergency service
groups; and owners and operators of facilities subject to SARA Title
III requirements.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES—1999-2000
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Related State Laws
Enforcement Efforts
Potential Liability of
SERC and LEPC
Members
Related Information
SERC Members
• The LEPC elects a chairperson from its members. The county
emergency management coordinator has the lead responsibility for
ensuring that the activities of the LEPC comply with Act 165,
P.L. 1332 and SARA Title III.
Worker and Community Right-to-Know Act, 1984
The state is enforcing its own worker and community right-to-know
law.
Pennsylvania law provides for the legal defense of a state or local
employee by the attorney general, or by counsel for the local agency,
when the act of the employee that gave rise to the claim was within
the scope of his or her office or duties. There is statutory support for
the assumption that both SERC and LEPC members will come under
the definition of "employee" as it is used in the statute.
• The Emergency Management Council was created in 1978 by the
Emergency Services Act No. 1978-323 (amended in 1988), which is
the current law that directs the Pennsylvania Emergency
Management Agency (PEMA) and the council's emergency response
actions.
• The council uses every opportunity to educate and train LEPC
members, regulated personnel, and the community through
conferences,- seminars, lectures, discussions, press releases, and
responses to requests for information. The Bureau of PennSafe in
the Department of Labor and Industry acts as the repository of
right-to-know data generated by SARA Title Ill/Act 165. It has
established procedures to provide this information to the public in
an efficient manner. This capability encourages an ongoing dialogue
among all members of the public concerned about the nature and
potential effects of hazardous chemicals in the community.
• A SARA Title Ill/Act 165 compliance manual for business and
industry was developed by PEMA and the Bureau of PennSafe. The
manual was mailed to all owners/operators who submitted the
annual chemical inventory form in 1990. The manual has been
updated and is still issued to facility owners/operators. Copies of the
manual may be received by calling PennSafe at (717) 783-2071.
• As mandated by Act 165, an annual report on SARA Title Ill/Act *
165 activities is prepared by PEMA and submitted to the Governor
and the General Assembly. A copy is provided to each state
emergency management director, the National Emergency
Management Association, and the National Governors' Association.
Governor;
Lieutenant Governor;
Director, Pennsylvania Emergency Management Agency;
President Pro Tempore, State Senate;
Speaker, State House of Representatives;
Minority Leaders, State House and Senate;
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68
Adjutant General;
Attorney General;
General Counsel;
Chairman, Public Utility Commission;
Commissioner, State Police;
Secretary, Department of Health;
Secretary, Department of Environmental Protection;
Secretary, Department of Transportation;
Secretary, Department of Agriculture;
Secretary, Department of Public Welfare;
Secretary, Department of Labor and Industry;
Representatives from the public and private sector; and
Representatives of industry.
Puerto Rico
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Puerto Rico Emergency Response Commission
Executive Order No. 4916A
Established April 27, 1987
The Commission is an expansion of the existing Puerto Rico
Environmental Quality Board for Environmental Emergency
Response and consists oi ;he chair of the Environmental Quality
Board, nine state agencies, the attorney general, and four
representatives of local industry.
Chair of the existing Puerto Rico Environmental Quality Board
Puerto Rico Environmental Quality Board
Office of the Governor
Box 11488
San Juan, Puerto Rico 00910
(787) 767-8056
(787)751-6274
• Emergency planning: Environmental Quality Board
• Right-to-know: Environmental Quality Board
• Recipient of Section 313 data: Environmental Quality Board
• The Environmental Quality Board estimates that $100,000 in
general funds was spent on emergency planning activities and
$150,000 for right-to-know efforts.
• Funding for Title III also was obtained from the Emergency Fund
under Law No. 81 (state superfund law).
Nine existing civil defense emergency zones were designated as local
emergency planning districts.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES—1999-2000
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SERCMembers Chair, Environmental Quality Board;
Attorney General;
Secretary, Department of Natural Resources;
Secretary, Department of Health;
Secretary, Department of Labor and Human Resources Director, Civil
Defense;
Superintendent, Puerto Rico Police Department;
Chief, Puerto Rico Fire Department;
Adjutant General, National Guard;
Alternate Member, Caribbean Regional Response Team;
President, University of Puerto Rico;
Chair, Public Service Commission;
Director, Puerto Rico Hazardous Waste Program;
Associate Member, Environmental Quality Board; and
Four members of local industry.
Rhode Island
Commission Name
Legal Basis
Commission Format
Chair
Commission .Address
Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Rhode Island State Emergency Response Commission
Executive Order No. 99-5
Six state agencies and representatives from local emergency response
organizations
Rhode Island Emergency Management Agency
Division of State Fire Marshal
24 Conway Avenue
North Kingstown, Rhode Island 02852
(401) 294-0861
• Emergency planning: Emergency Management Agency and Division
of State Fire Marshal
• Right-to-know: Department of Labor and Division of State Fire
Marshal
• Recipient of Section 313 data: Department of Environmental
Management, Division of Air and Hazardous Materials
• The state spent approximately $350,000 on Title III in fiscal 1993
out of general fund appropriations.
• The state has proposed legislation that would allow the SERC to
establish and collect fees. Collected revenue would be distributed to
LEPCs.
• Nine mutual aid agreements boundaries were designated as local
emergency planning districts. The agreements, formed prior to Title
III, are based on informal relationships and guidelines between cities
and towns.
• As of December 1999, each of the nine LEPCs submitted local
emergency plans to the SERC.
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70
Related State Laws
Enforcement Efforts
Related Information
SERC Members
• Hazardous Substances Right-to-Know Act, 1983
• Rhode Island Community Right-to-Know Act
The state is enforcing its own hazardous substances right-to-know law.
The state has developed a Title III computer database that contains
facility information concerning emergency planning, chemical
inventories, and annual emissions. This information is accessible to
first responders twenty-four-hours a day, with a modem and PC.
The director or designated representative of the following agencies:
Division of State Fire Marshal;
Emergency Management Agency;
Labor Department;
Health Department;
Environmental Management Department;
Office of the Governor;
Statewide Planning, Administration Department;
The League of Cities and Towns;
Fire Chiefs' Association;
Police Chiefs' Association; and
Industry.
South Carolina
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
South Carolina State Emergency Response Commission
Executive Order 87-17, May 11, 1987
Superceded by Executive Order 93-27, December 14, 1993
The commission includes six representatives from state agencies, two
industry officials, and two members from the general public.
Director, Emergency Preparedness Division, Office of the Adjutant
General
South Carolina Emergency Response Commission
Emergency Preparedness Division
1429 Senate Street
Columbia, South Carolina 29201
(803) 734-8020
EPCRA Reporting Point:
2600 Bull Street
Columbia, South Carolina 29201
• Emergency planning: Emergency Preparedness Division, Office of
the Adjutant General
• Recipient of Section 302 data: EPCRA Reporting Point,
Department of Health and Environmental Control
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES—1999-2000
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State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws
Enforcement Efforts
Potential Liability of
SERCandLEPC
Members
Related Information
SERC Members
• Right-to-know: EPCRA Reporting Point, Department of Health
and Environmental Control
• Recipient of Section 313 data: EPCRA Reporting Point,
Department of Health and Environmental Control
The state has not appropriated funds for the SERC. Funding for
SERC activities has been absorbed by state agency and local
government budgets.
Each of the forty-six counties has an existing local comprehensive
emergency preparedness plan that contains a hazardous materials
annex. All counties also have an emergency preparedness or civil
defense organization legally based on State Regulations 58-1, local
emergency preparedness standards, and 58-101, state emergency
preparedness standards. Title III requirements have been incorporated
into the hazardous materials annex.
Section 21 of Act 199 (1979) establishes the Emergency Preparedness
Division in the Office of the Adjutant General and the preparation of
a state emergency response plan.
Because the state does not have its own right-to-know law, it does not
have a legal basis for enforcement of Title III at the state level, except
in those limited areas in which it is empowered by Title III provisions.
Statutory grounds exist for considering SERC and LEPC members to
be "state employees" as the term is used in the South Carolina statute
that provides immunity for state employees. An employee of a
governmental entity who commits a tort is not liable, unless it is
proved that the employee's conduct was not within the scope of his or
her official duties or that it constituted actual fraud or malice, intent
to harm, or a crime involving moral turpitude.
• The commission has a twenty-four-hour notification number for oil
spills and releases of hazardous substances, (803) 253-6488 or (888)
481-0125, that is staffed by the Department of Health and
Environmental Control.
• The South Carolina SERC prefers to receive on disk or in e-mail
from Tier II for Windows; hard copy may be sent to LEPCs or fire
departments.
Director, Emergency Preparedness Division, Office of the Adjutant
General;
Representative, Office of the Governor;
Representative, Department of Health and Environmental Control;
Representative, Department of Public Safety;
Representative, State Law Enforcement Division;
Representative, State Fire Marshal;
Two members of local industry; and
Two members at large.
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South Dakota
72
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Potential Liability of
SERCandLEPC
Members
Related Information
South Dakota State Emergency Response Commission
. SDCL 1-50
Composed of four state government representatives and six private
citizens.
Private citizen
South Dakota Emergency Response Commission
Department of Environment and Natural Resources
Ground Water Quality Program
523 East Capitol Street, Joe Foss Building
Pierre, South Dakota 57501-3181
(605) 773-3296
• Emergency planning: Division of Emergency and Disaster Service
• Right-to-know: Department of Environment and Natural Resources
• Recipient of Section 313 data: Department of Environment and
Natural Resources
The majority of funding for the EPCRA program came from existing
agency budgets until July 1992. At that time, reporting fees for both
Tier II reports and Form R submissions became effective. The fees
range from $50 to $300 per facility for Tier II, and from $250 to
$3,000 per facility for Form R. These funds will be used to support
future activities.
South Dakota has a total of sixty-six counties with a total of 61
LEPCs. Fifty-nine counties are designated as planning districts with
LEPCs based at the county level. The other seven counties are covered
by two multi-county districts. The state provides grants to local
committees that meet eligibility requirements and apply for funding.
Thirty-five grants were distributed for fiscal 2000.
The South Dakota Supreme Court held in Kyllo V. Panzer (S. Ct.
1995, 535 N.W.2d 896) that employees, officers, and agents of the
state are protected by the doctrine of sovereign immunity when
performing discretionary acts, but may be subject to personal liability
for negligent or intentional injuries resulting from their performance
of ministerial duties.
• Until July 1991, the commission was authorized by executive order
and consisted of seven private citizens appointed by the Governor.
Now, under state law, the commission is composed of four state
agency representatives and six private citizens.
• The Department of Environment and Natural Resources established
training programs in cooperation with the Division of Emergency
and Disaster Service, the State Fire Marshal's Office, and other
government agencies to educate emergency response planners and
personnel. Assistance has been provided to the counties in
developing their hazardous material response plans.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES—1999-2000
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SERC Members
Tennessee
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
Secretary, Department of Environment and Natural Resources;
Secretary, Department of Commerce and Regulation;
Secretary, Department of Transportation;
Director, Division of Emergency Management; and
Six private citizens drawn from each of the following groups:
Elected or appointed representatives of political subdivisions;
Active firefighters;
Health professionals;
Persons actively engaged in an agricultural business;
LEPC members; and
Industry.
State Costs and
Approaches to Funding
Local Emergency
'Planning Districts and
Committees
Related State Laws
Potential Liability of
SERC and LEPC
Members
Tennessee State Emergency Response Council
Executive Order No. 7
Established April 1, 1987
Three state agencies with an advisory committee reporting to the
council. The advisory committee includes state agencies, local
government, and associations.
Director, Emergency Management Agency
Tennessee Emergency Response Council
c/o Tennessee Emergency Management Agency
3041 Sidco Drive
Nashville, Tennessee 37204-1502
(615)741-0001
• Emergency planning: Emergency Management Agency
• Right-to-know: Emergency Management Agency
• Recipient of Section 313 data: State Emergency Response
Commission
Approximately $125,000 in general funds was spent on chemical
emergency planning activities in fiscal 1995.
• All ninety-five county LEPCs submitted local emergency plans,
which have been reviewed by the SERC.
• All counties had emergency response structures in place prior to
Title III.
• Hazardous Chemical Right-to-Know Law, 1985
The issue of potential liability of SERC and LEPC members is
currently being reviewed by the Office of the Attorney General.
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SERCMembers Director, Emergency Management Agency;
Commissioner, Department of Environment and Conservation; and
Commissioner, Department of Labor.
Hazardous Materials Advisory Committee members include
representatives of the following:
Department of Safety;
Department of Transportation;
State Fire Marshal's Office;
American Red Cross;
Municipal League;
County Services Association; and
Tennessee Association of Business.
Texas
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Texas State Emergency Response Commission
Executive Order AWR-94-14
A standing element of the state's Emergency Management Council.
Composed of representatives of eleven state departments,
commissions, and agencies.
State Coordinator of the Division of Emergency Management
Texas State Emergency Response Commission
Division of Emergency Management
P.O. Box 4087
Austin, Texas 78773-0220
(512)424-2138
• Emergency planning: Division of Emergency Management,
Emergency Notification: Texas Natural Resources Conservation
Commission and Texas Railroad Commission, depending on the
substance involved
• Right-to-know: Texas Department of Health, Hazard
Communication Branch
• Recipient of Section 313 data: Texas Natural Resources
Conservation Commission
Approximately $620,000 in reporting fees is generated annually and is
used to support emergency planning and community right-to-know
activities, including periodic grants to LEPCs for specific purposes.
• Emergency planning districts generally follow county lines, except
that multiple districts have been approved in Crosby, Galveston, and
Harris Counties and there are two bi-county districts. There are 272
LEPCs in the state.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES—1999-2000
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Related State Laws
Enforcement Efforts
Potential Liability of
SERCandLEPC
Members
Related Information
SERCMembers
Utah
Commission Name
Legal Basis
Commission Format
Chairs
• Approximately 86 percent of the state's population is covered by
city, county, or multijurisdictional emergency plans which meet
state standards for hazardous materials planning. An additional 11
percent is covered by partial planning.
• Texas Hazard Communication Act, 1993
• Agricultural Hazard Communication Act, 1987
• Texas Disaster Act, 1975
• Texas Community Right-to-Know Acts (3)
• Texas Hazardous Substances Spill Prevention and Control Act
The state is enforcing its own right-to-know laws.
The Texas Disaster Act exempts LEPC members from personal
liability for civil damages arising from the members' duties on the
committee.
• The Division of Emergency Management operates the State
Environmental Hotline, a toll-free, 24-hour number for initial spill
reporting by industry. Reports received are disseminated
electronically to appropriate state agencies.
• The Division of Emergency Management publishes the Texas LEPC
Handbook.
The head or designated representatives of the following agencies and
organizations:
Texas Department of Agriculture;
Texas Department of Health;
Texas Department of Transportation;
Texas Department of Parks and Wildlife;
Texas Department of Public Safety;
Texas Natural Resources Conservation Commission;
General Land Office;
Texas Engineering Extension Service;
Division of Emergency Management;
Texas Railroad Commission; and
Texas Commission on Fire Protection.
Utah Hazardous Chemical Emergency Response Commission
Chapter 63-5-5 Utah Code Annotated Legislation S. B. 79
Two state agencies
Commissioner, Department of Public Safety
Executive Director, Department of Environmental Quality
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Commission Addresses
Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Potential Liability of
SERCandLEPC
Members
SERC Members
Vermont
Commission Name
Legal Basis
Commission Format
Chair
Utah Department of Public Safety, Division of Comprehensive
Emergency Management
1110 State Office Building
Salt Lake City, Utah 84114
(801) 538-3400
(Emergency planning)
www.eq.state.ut.us/eqerr/serc/serchome.htm
Utah Department of Environmental Quality
168 North 1950 W.
P.O. Box 144840
Salt Lake City, Utah 84114-4840
(801) 536-4400
(Right-to-know)
• Emergency planning: Department of Public Safety
M Right-to-know: Department of Environmental Quality
• Recipient of Section 313 data: Department of Environmental
Quality
In fiscal 1998, approximately $50,000 in general funds was spent on
emergency planning efforts and $ 100,000 was used for right-to-know
activities.
The thirty-two local emergency planning committees include three
cities—Salt Lake,West Valley, and Sandy—and twenty-nine counties.
As long as SERC and LEPC members are Utah state employees acting
within the scope of their employment and they have not acted with
fraud or malice or been under the influence of alcohol or any drug,
they will be defended and indemnified by the state in lawsuits arising
from their activities as SERC and LEPC members. However, LEPC
member eligibility for state protection is determined on a case-by-case
basis, depending on whether the member is considered a "political
subdivision" employee of Utah.
Representatives of the following state agencies:
Department of Public Safety; and
Department of Environmental Quality.
Vermont State Emergency Response Commission
20 VSA, Chapter 1
Six state agencies, one police representative, one fire representative,
one industry official, one from the general public, and one
representative of the transportation industry. The state director of
emergency management serves as a nonvoting secretary to the SERC.
Appointed by the Governor
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES—1999-2000
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Commission Address
Agency Roles
Local Emergency
Planning Districts and
Committees
Related State Laws
Enforcement Efforts
Potential Liability of
SERCandLEPC
Members
SERC Members
Vermont Emergency Response Commission
Department of Public Safety
Vermont Emergency Management Division
103 South Main Street
Waterbury, Vermont 05671
www.dps.state.vt.us/vem/index_hazmat.htm
• Emergency planning: Department of Public Safety, Division of
Emergency Management
• Right-to-know: Department of Public Safety, Division of
Emergency. Management
• Recipient of Section 313 data: Department of Environmental
Conservation
• Vermont's planning districts follow county boundaries; four LEPC
districts cover two counties. The other six districts cover six counties.
• The state has ten LEPCs.
• Community Right-to-Know Law, 1985
• 20 VSA Chapter 1 and Rules & Regs also provides for fees,
establishment of a SERC and local emergency planning districts, and
reporting to the SERC of chemicals that are considered hazardous
under the federal OSHA hazard communication standard.
The state is enforcing its own Community Right-to-Know Law.
20 VSA Chapter 1 provides immunity for persons involved in civil
defense or emergency management activities and additionally grants
immunity for persons, partnerships, associations, or corporations that
provide personnel, training, or equipment.
Commissioner, Department of Labor and Industry;
Commissioner, Department of Public Safety;
Commissioner, Department of Health;
Commissioner, Department of Agriculture;
Secretary, Department of Transportation;
Secretary, Department of Environmental Conservation;
Representative of industry;
Representative from the fire service;
Representative from the police service;
Representative from the transportation industry; and
Representative of the general public.
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Virgin Islands
78
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
Local Emergency
Planning Districts and
Committees
SERC Members
Virgin Islands Environmental Emergency Response Commission
Executive Order No. 302-1987
Representatives from twelve state offices, two private sector
representatives, and the president of the University of the Virgin
Islands.
Commissioner, Department of Planning and Natural Resources
Virgin Islands Environmental Emergency Response Commission
Misky Center, Suite 231
Misky #45 A
St. Thomas, U.S. Virgin Islands 00802
(340) 774-3320
• Emergency planning: Virgin Islands Environmental Emergency
Response Commission
• Right-to-know: Virgin Islands Environmental Emergency Response
Commission
• Recipient of Section 313 data: Virgin Islands Environmental
Emergency Response Commission
In July 1989, LEPCs for three jurisdictions were formed: St. Croix, St.
Thomas, and St. John.
Representatives from:
Virgin Islands Territorial Emergency Management Agency;
Department of Health;
Department of Public Works;
Department of Labor;
Office of the Attorney General;
Division of Environmental Protection;
Division of Comprehensive and Coastal Zone Planning;
Division of Fish and Wildlife;
Virgin Islands Port Authority;
Virgin Islands Fire Service;
Virgin Islands Police Department;
President, University of the Virgin Islands; and
Two representatives from the private sector.
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Virginia
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws
Enforcement Efforts
Virginia Emergency Response Council (VERC)
Section 44-146. 40 of the Code of Virginia
Agency heads, or their designees, of six state agencies.
State Coordinator, Department of Emergency Services
Virginia Emergency Response Council
c/o Department of Environmental Quality
629 East Main Street
Richmond, Virginia 23219
(804) 698-4489
• Emergency planning: Department of Emergency Services
• Right-to-know: Department of Environmental Quality
• Recipient of Section 313 data: Department of Environmental
Quality
SARA Title III funding for emergency planning and community
right-to-know activities is funded by state general funds and by federal
grants.
• All 114 LEPCs have a draft or final local emergency plan on file with
the SERC.
• An updated and expanded oil and hazardous materials prototype
annex for local emergency operations plans has been developed and
made available to LEPCs to use as guidance in developing and
updating their SARA Title III plans. This prototype addresses
response to oil spills and all hazardous materials incidents.
• Several documents have been produced and distributed by the
VERC staff, including "Understanding SARA Title HI: Emergency
Planning and Community Right to Know in Virginia." Copies of
"Local Emergency Planning: An Outreach Manual to LEPCs,"
containing useful references and resource materials of interest to
LEPCs, have been distributed. This manual outlines the various
reporting sections of EPCRA, provides helpful hints for LEPC
outreach activities, and includes many of the LEPC guidance
documents prepared by U.S. EPA.
Section 44-146. 34 of the Code of Virginia, the Virginia Hazardous
Materials Emergency Response Program
• VERC is encouraging voluntary Title III compliance by relying on
public outreach activities to inform regulated facilities about the
requirements of the law.
• The SARA Title III program of the Department of Environmental
Quality has provided education, technical assistance, and outreach to
federal Department of Defense facilities in the commonwealth that
must comply with the August 3, 1993, Executive Order No. 12856.
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Potential Liability of
SERCandLEPC
Members
Related Information
80
SERCMembers
In an informal interpretation of Virginia law, the Office of the
Attorney General of Virginia expressed the opinion that SERC and
LEPC members would be protected by the common law doctrine of
sovereign immunity for negligent acts or omissions. However, the
doctrine would not protect any member whose acts constituted gross
negligence or an intentional tort. Additionally, because these members
are agents of the commonwealth, the Virginia Tort Claims Act applies
to their activities. Accordingly, the commonwealth could be liable for
the negligent acts of the members even though the members
personally enjoyed sovereign immunity.
• VERC encouraged facilities to submit a list of hazardous chemicals
in lieu of submitting a MSDS for each chemical.
• VERC obtained liability insurance coverage for all LEPC members
for any claim made against them for acts, errors, or omissions of any
nature while they are acting in their authorized governmental
capacity and in the course and scope of their authorization.
• VERC initiated a LEPC newsletter entitled LEPC Connections in the
fall of 1998, which is distributed on a quarterly basis. The newsletter
is a vehicle to help LEPCs exchange information and keep abreast of
state and federal initiatives.
• VERC developed a hazardous materials database using the
Computer-Aided Management of Emergency Operations
(CAMEO) software through a grant provided by EPA Region III.
Facility and chemical data from Tier II forms received from
regulated facilities, along with hazardous materials resource
information, were incorporated into the database. The database was
developed by LEPC planning districts and aggregated by the 13
HAZMAT Team regions. Regional data were distributed to the 10
state Hazardous Materials officers and the 13 Hazardous Materials
Emergency Response Teams on zip disk and CD for use in the field.
LEPC planning district data were distributed to each LEPC on
3 1/2" floppy disk. In the upcoming year, the VERC will be looking
at how to integrate facility mapping into the database using GIS.
• VERC sponsored EPCRAICERCLA Emergency Notification (Release
Reporting) Training Workshops and CAMEO Software Training
Workshops in the state in coordination with U.S. EPA Region III.
Representatives from:
Department of Emergency Services (Chair);
Department of Environmental Quality;
Department of Mines, Minerals and Energy;
Department of Fire Programs;
Department of Health;
Department of Labor and Industry; and
Department of State Police.
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Washington
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws
Enforcement Efforts
Potential Liability of
SERCandLEPC
Members
Washington State Emergency Response Commission
Letter from former Governor Booth Gardner to the U.S. EPA
Regional Administrator, Region X, and Washington Administrative
Code 118-40 and Chapter 38.52.040 of the Revised Code of
Washington
Subcommittee of the Emergency Management Council (EMC) with
12 members
Elected from within the EMC by a majority vote of the membership.
Washington State Emergency Response Commission
Emergency Management Division
Military Department
Building 20, MS:TA-20
Camp Murray, WA 98430-5122
(253)512-7069
• Emergency policy planning and management
• Implementation of EPCRA
• Development of emergency management policies
• Annual assessment of statewide emergency preparedness
Approximately $150,000 in general funds was spent on emergency
planning, $75,000 on hazardous materials exercises, $150,000 on
hazardous materials responder training, and $70,000 on
right-to-know activities in fiscal 1999.
Thirty-nine counties and seven cities were designated as local
emergency planning districts, and each has formed its own local
emergency planning committee.
• RCW 38.52 (1995) consolidates all emergency management
functions under the Washington State Emergency Management
Council.
• RCW 90.56 (1990), Oil and Hazardous Substance Spill Bill
• RCW 4.24.480 (1988) provides immunity from liability to SERC
and LEPC members who develop or review local chemical
emergency plans.
• RCW 70.102 (1985), Hazardous Substance Information Act
• RCW 47.70 (1984), Worker and Community Right-to-Know Act
The state is enforcing its own worker and community right-to-know
act (RCW 70.102).
Any person who is appointed to serve on the SERC or local
emergency planning committee who, in good faith, assists in the
development or review of local plans to respond to hazardous
materials incidents is not liable for civil damages as a result of any act.
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PROFILES
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SERCMembers
82
Washington State Department of Ecology;
Washington State Department of Health;
Washington State Department of Transportation;
Washington State Military Department;
Washington State Patrol;
Local Emergency Manager;
Local Emergency Planning Committee—Eastside;
Local Emergency Planning Committee—Westside;
Washington State Association of Fire Chiefs;
Washington State Department of Labor and Industries; and
Private Industry;
Transportation Industry
West Virginia
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws
Enforcement Efforts
West Virginia State Emergency Response Commission
Established April 15, 1987 by Executive Order No. 5-87
West Virginia Emergency Response and Community Right-to-Know
Act, Chapter 15, Article 5A Code of West Virginia, Effective July 8,
1989
Eight state agencies, one representative from the chemical industry,
one representative from a municipal or volunteer fire department, and
one citizen from the general public.
Director, Office of Emergency Services
West Virginia Emergency Response Commission
State Capitol Building, Room EB-80
Charleston, West Virginia 25305
(304) 558-5380
www.state.wv.us/wvoes/s_e_r.htm
• Emergency planning: Office of Emergency Services
• Right-to-know: Office of Emergency Services
• Recipient of Section 313 data: Office of Emergency Services
The fee system yielded approximately $107,000 in 1999 on the filing
of 1998 reports. These filing fees are utilized to support the SERC, to
make SERC grants to LEPCs, and to match HMEP Planning and
Training Grants.
Fifty single-county LEPCs and five LEPCs consisting of two counties
are operational covering all of the state's fifty-five counties.
Hazardous Chemical Substances Act, 1981
Enforcement is accomplished through a coordinated program
involving the SERC, LEPCs, and U.S. EPA.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES—1999-2000
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Potential Liability of There is limited liability within the scope of West Virginia law.
SERCandLEPC
Members
SERC Members Director, Office of Emergency Services;
Director, Division of Natural Resources;
Director, Bureau of Public Health;
Director, Office of Air Quality;
Superintendent, West Virginia State Police;
Commissioner, Division of Highways;
Representative, chemical industry;
Designee of the Public Service Commission;
Designee of the State Fire Marshal's Office;
Representative, municipal or volunteer fire department; and
Representative of the public, knowledgeable in the area of emergency
response.
Wisconsin
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
83
State Costs and
Approaches to Funding
Wisconsin State Emergency Response Board (SERB)
Executive Order No. 13
Established April 15, 1987
1987 Wisconsin Act 342, published May 2, 1988
1989 Wisconsin Act 115, published December 19, 1989
1997 Wisconsin Act 27, published October 13, 1997
One agency as of July 1, 1998.
Administrator, Division of Emergency Management, Department of
Military Affairs
Wisconsin Division of Emergency Management
Department of Military Affairs
2400 Wright Street
P.O. Box 7865
Madison, Wisconsin 53707-7865
(608) 242-3232
• Emergency planning: Wisconsin Division of Emergency
Management (WEM), Department of Military Affairs
• Right-to-know: Division of Emergency Management, Department
of Military Affairs
• Recipient of Section 313 data: Department of Natural Resources,
Office of Technical Services
• 1987 Wisconsin Act 342 established a fee mechanism for Title HI
activities. The SERB promulgated an administrative rule, Chapter
SERB1, to establish the following fees:
PROFILES
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84
Local Emergency
Planning Districts and
Committees
Emergency planning notification fee of $800 (one-time fee for
Section 302)
Hazardous chemical inventory form fee (Tier II/annually) based on
number of chemicals reported:
$150
$300
$450
$550
$650
$750
$850
$950
1 chemical
2 to 10 chemicals
11-100 chemicals
101-200 chemicals
201-300 chemicals
301-400 chemicals
401-500 chemicals
Over 500 chemicals
If the cumulative actual daily amounts total 100,000 pounds or
more, 20 percent is added to the fee listed above.
There is a 20 percent surcharge on balance of fee when past due.
Fees are collected by WEM. The fees fund an emergency planning
grant program for LEPCs and seven full-time positions with the
Division of Emergency Management EPCRA Program.
Grants can be used to reimburse the county-based LEPCs for
planning and administrative expenses, exercise costs, and 80 percent
of the cost of computer and hazardous materials response equipment
(up to a maximum of $10,000 in matching funds for hazmat
response equipment for county teams and/or up to a maximum of
$6,000 for computer equipment. Total not to exceed $10,000).
For 1988, the SERB awarded approximately $480,000 in grants to
LEPCs. For 1989, the SERB awarded approximately $650,000 in
' grants to LEPCs. The 1988 and 1989 grant awards were funded by
fees from facilities and a $517,900 general purpose revenue (GPR)
loan. This reimbursed counties for 100 percent of their eligible
expenses. For 1994, the SERB awarded $1,254,000 in grants; for
1995, $1,258,000; for 1996, $1,300,000; and for both 1997 and
1998, $1,300,400.
Approximately $500,000 in program funds are used to fund the
state SARA Title III program. In addition to the dedicated positions,
other staff at WEM and other state agencies provide support to the
Title III program.
• $150,000 in state funds annually are received from the Department
of Natural Resources and Department of Transportation to provide
hazardous materials training for fire departments, response teams,
and law enforcement personnel in the state.
• Directors of the state's six emergency management regions assist in
the review of local emergency plans. The emergency management
regional directors work with counties coordinating and facilitating
the activities of local emergency planning committees within their
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES—1999-2000
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Related State Laws
Enforcement Efforts
Potential Liability of
SERCandLEPC
Members
geographical areas. The emergency management director from each
county is a member of that county's local emergency planning
committee.
• Wisconsin's seventy-two counties are local emergency planning
districts.
• All seventy-two LEPCs had submitted local emergency plans to
SERB as of August 1991 and have also developed 2,900 facility site
plans.
• In order to be eligible for the grant program, LEPCs are required to:
n meet at least four times per year in at least three quarters of the
year;
D update the countywide hazardous materials emergency plan
annually;
D conduct at least one SARA hazardous materials emergency
response exercise a year;
n make reasonable progress in completing off-site facility plans for
responding to potential releases of extremely hazardous
substances; and
D complete other activities required by federal or state law, such as
publishing the Section 324 notice.
• Wisconsin Act 247 (1995), enacted on April 19, 1996, established
staggered four-year terms for SERB members.
• Wisconsin Act 104, signed in January 1991, provides for the
establishment of between seven and eleven Hazardous Materials
Regional Response Teams.
• Wisconsin Spill Law, s. 144.76, Wisconsin Statutes.
• 1989 Wisconsin Act 256, published May 2, 1990—Local agency
response and reimbursement for responses to discharges of hazardous
substances.
• Employees' Right-to-Know Law, 1981.
• SERB has established a compliance procedure. Wisconsin Act 115
(1989) gave the SERB LEPC inspection authority and required die
SERB to promulgate an administrative rule concerning procedures
for authorizing individuals to conduct inspections.
• SERB has referred cases to the Wisconsin Department of Justice for
violations of the state law implementing Title III. These cases
resulted in collection of fines totaling over $750,000.
Wisconsin Act 342 (1987) defines a county board-appointed LEPC
member as a "state officer, employee, or agent." As a state officer,
employee, or agent, LEPC and SERB members may be indemnified
for judgments rendered against them for acts committed within the
scope of their agency. Such determinations would be fact-specific and
made on a case-by-case basis. Wisconsin Act 13 (1995) extended the
civil liability exemption to LEPCs receiving grants from the
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86
Related Information
SERC Members
Wyoming
Commission Name
Legal Basis
Commission Format
Chair
Vice Chair
Commission Address
Agency Roles
SERB/WEM and carrying out program activities. The Wisconsin
Department of Justice is authorized to defend SERB/WEM and
LEPC members in the event of a suit.
The Division of Emergency Management has a twenty-four-hour
telephone number (1-800-943-0003) for notification of chemical
spills and releases and for emergency release notification to the SERB
under Section 304, Title III.
Wisconsin Division of Emergency Management, Department of
Military Affairs
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws
Enforcement Efforts
Potential Liability of
SERCandLEPC
Members
Wyoming State Emergency Response Commission
Executive Order No. 1987-3 and amendments
Established April 17, 1987
Seven private individuals representing state and local government, the
local fire department, industry, media, legislature, and the general
public.
Private Industry
Emergency Management Agency
State Emergency Response Commission
c/o Emergency Management Agency
5500 Bishop Boulevard
Cheyenne, Wyoming 82009
(307) 777-4900
http://soswy.state.wy.us/director/boards/erc.htm
• Emergency planning: Wyoming Emergency Management Agency
(WEMA)
• Right-to-know: WEMA
• Recipient of Section 313 data: WEMA
• The state legislature appropriated $14,000 per year to the SERC
(fiscal 1998-1999) to cover administrative costs.
• The state anticipates that it will cost about $14,000 annually to
support Title III activities.
• All of the twenty-three county LEPCs submitted plan drafts to the
SERC for review and approval by November 10, 1988. The plans
are reviewed and revised every year as needed as part of a total plan
review.
Wyoming Environmental Quality Act
The state is enforcing its own Environmental Quality Act.
An opinion from the Office of the Attorney General indicated that
because SERC members are properly appointed officers of the state,
they would be entitled to defense by the Office of the Attorney
General in the event of a suit against them "in their official relations."
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES—1999-2000
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Related Information
SERC Members
• The state legislature meets on an annual basis; however, the budget
is addressed every two years.
• In addition to being a SERC member, the WEMA Coordinator
serves as executive secretary to the commission. The executive
secretary is the contact person for industrial notification purposes
and assists in setting up commission meetings and handling
administrative needs.
• The executive order authorizes WEMA to assist the commission in
meeting Title III requirements.
Coordinator, Wyoming Emergency Management Agency;
State and Local Government;
Fire Department;
Industry;
Media;
Legislature; and
General Public.
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PROFILES
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