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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, 1997
By Allyn F. Finegold
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Since their initial meeting in 1908 to discuss inter-
state 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' Associa-
tion (NGA) 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 Commit-
tee and three standing committeeson Economic
Development and Commerce, Human Resources,
and Natural Resources. Through NGA's commit-
tees, 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
The association works closely with the administra-
tion 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 vehi-
cle 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 shar-
ing 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 1-55877-293-6
Copyright 1997 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 sup-
ported 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 Super-
fund Amendments and Reauthorization Act of 1986, NGA provided guidance to Gover-
nors' 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 Title III issues, challenges, and opportunities. It also provides guidance to Governors
and senior staff on emergency management. In 1993 NGA published A Governor's Guide
to Environmental Risk Response and, in fall 1997, the Center will publish an updated edi-
tion of A Governor's Guide to Emergency Management.
This is the eighth National Governors' Association annual report that includes die charac-
teristics of each state's emergency response commission. A related report, State Strategies
and Considerations for Implementing the Accidental Release Prevention Program, focuses on
state implementation issues and strategies related to the Chemical Accidental Release Pre-
vention Program established under Section 112r of the Clean Air Act of 1990. The pro-
ject is funded through a grant from the U.S. Environmental Protection Agency's Office of
Solid Waste and Emergency Response. The grant also provides funding for the NGA Cen-
ter for Best Practices to host technical exchange workshops and national conferences on
state chemical emergency preparedness and prevention activities.
The report was written by Allyn F. Finegold and edited by Alicia C. Aebersold and Kathy
Skidmore-Williams. The author wants to thank the many state officials who provided
information for this report.
John Thomasian, Director
National Governors' Association Center for Best Practices
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 informa-
tion 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 opera-
tion of the state commission are also included.
EXECUTIVE SUMMARY
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Alab
ama
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
SERC and LEPC
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 35045
(205) 280-2234
(Emergency Planning/LEPC and SERC Activities)
Alabama Department of Environmental Management
1751 Congressman W. L. Dickinson Drive
Montgomery, Alabama 36130
(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 Basis
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 46.13 (1990) establishes the Alaska State Emergency
Response Commission and broadens its role in emergency response
planning. Under the law, the commission is responsible for approving
and overseeing the preparation of all oil and hazardous substance
discharge response plans drafted by the state and LEPCs.
Alaska Senate Bill 33 (1994) put the SERC and the LEPCs under the
purview of the Department of Military and Veterans Affairs and
broadened the SERC's authority to review and make
recommendations regarding any area of the state's capability to
respond to a catastrophic event.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES1997
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Commission Format
Chairs
Commission Address
Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws
Potential Liability of
SERCandLEPC
Members
Nine state agencies and seven members from the general public,
appointed by the Governor.
Commissioner or designee, Department of Environmental
Conservation (co-chair),
Commissioner or designee, Department of Military and Veterans
Affairs (co-chair).
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 ,
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 1995 budget for all SERC activities is approximately
$1,065,000.
The state provides $340,000 in funding to LEPCs.
Twenty LEPCs have been established (Fairbanks/North Star
Borough, City and Borough of Sitka, City of Yakutat, Kodiak Island
Borough, Municipality of Anchorage, Prudhoe Bay, Ketchikan
Gateway Borough, Matanuska-Susitna Borough, Northwest Arctic
Borough, Kenai Peninsula Borough, City and Borough of Juneau,
Copper River, Petersburg/Wrangell, Northern Southeast, Denali
Borough, Aleutians East Borough, Southern Southeast, Aleutian and
Pribiloff Islands, Noma, and Bristol Bay Borough).
The SERC is updating or preparing guidance documents for LEPCs
to use in emergency planning, data management, and public
outreach.
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
PROFILES
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Conservation have entered into a Memorandum of Agreement
(MOA) to indemnify SERC and LEPC members except in cases of
gross negligence.
SERC Members 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;
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 any of the local emergency planning
committee categories.
American Samoa
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
American Samoa Emergency Response Commission
Executive Order No. 8-1987
Based on the Governor's Disaster Emergency Council and the
Environmental Quality Council. 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
011(684)633-4116
(Emergency planning)
American Samoa Environmental Protection Agency
Office of the Governor
Pago Pago, American Samoa 96799
Oil (684)633-4116
(Right-to-know)
Emergency planning: American Samoa Territorial Emergency
Management Coordination Office
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES1997
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Right-to-know: American Samoa Environmental Protection Agency
Recipient of Section 313 data: American Samoa Environmental
Protection Agency
SERC Members Representatives of the Disaster Emergency Council:
Commissioner, Department of Public Safety;
District Governors of the Eastern District, Western District, and
Manu'a District;
Director of Public Works;
Disaster Assistance Coordinator; and
Fire chief.
Representatives of the Environmental Quality Commission:
Lieutenant Governor;
Government ecologist;
Director of Public Works;
Director of Development Planning; and
Director of Health.
Additional members include:
Secretary of American Samoan Affairs;
Director of Consumer Protection;
Assistant Director for Customs; and
U.S. Coast Guard Liaison Officer.
Arizona
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
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
Emergency planning: Division of Emergency Management
Right-to-know: Division of Emergenqr Management
Recipient of Section 313 data: Arizona Emergency Response
Commission and Arizona Department of Environmental Quality
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
SERC Members
Arkansas
Commission Name
Legal Basis
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.
Tide 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.
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 Hazardous Materials Emergency Response Commission
Act 567 of the 1993 Arkansas Legislature
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES1997
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Commission Format
Chair
Commission Address
Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Enforcement Efforts
Potential Liability of
SERCandLEPC
Members
Related Information
SERC Members
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.
Director, Arkansas Department of Pollution Control and Ecology
Arkansas Department of Pollution Control and Ecology
P.O. Box 8913 '
Little Rock, Arkansas 72219
(501)562-7444
Emergency planning: state police, Office of Emergency Services, and
Department of Pollution Control and Ecology (Section 304
planning notifications)
Right-to-know: Office of Hazardous Emergency Management and
Department of Pollution Control and Ecology
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 HI (IAW Act 634, 1995).
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.
Seventy-six of the seventy-seven LEPCs submitted local emergency
plans to the SERC for review and approval by January 1, 1993.
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 affects the riming
and amounts of budget requests for Title HI activities.
The head or designated representative of the following state agencies:
Department of Pollution Control and Ecology;
Department of Labor;
Department of Highway and Transportation;
Fire Training Academy;
LEPC representative;
State police;
Office of Emergency Services;
PROFILES
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Department of Health;
National Guard;
Two representatives from regulated entities;
One representative from an unregulated entity; and
One citizen.
California
Commission Name
Legal Basis
Commission Format
Chair ,
Commission Address
Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
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
Sacramento, California 95832
(916) 464-3230
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 local 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.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES1997
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Related State Laws
Enforcement Efforts
Potential Liability of
SERCandLEPC
Members
SERC meetings generally are attended by the seventeen SERC
members and up to forty others. Topics of discussion have included
the following: Title III training, funding for Title III, proposed
legislative actions, risk analysis, LEPC reports, risk communication,
data management, public outreach, Title Ill's relationship to the
preexisting state program, and public input.
Effective 1997, new legislation (S.B.1889) requires the Governor's
Office of Emergency Sevices (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-speccifk 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
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 agenices.
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
PROFILES
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Related Information
10
SERCMembers
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 Equipment and Training Subcommittee developed a
Hazardous Materials Glossary of Standardized Terms and the
"Six-Year Response Development Plan."
The SERC Community Planning and Chemical Exposure
Subcommittee is developing a report to be titled Guidelines for
Determining Emergency Planning for Acute, Chemical Exposures.
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
titled "Protecting Your Health from a Chemical Spill," authored by
the California Environmental Protection Agency.
The division also prepared the following guidance documents:
California Hazardous Material Spill/Release Notification Guidance;
Hazardous Material Incidence Contingency Plan;
Risk Management and Prevention Program;
Chemicals and Your Health; and
A Guide for Employers and. A Guide for Consumers, community
right-to-know guidance booklets.
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.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES1997
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Colorado
Commission Name
LegalBasis
Commission Format
Commission Co-Chairs
Commission Address
Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws
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 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)692-3022
Colorado Emergency Planning Commission (CEPC)
4300 Cherry Creek Drive South
Denver, Colorado 80222
Emergency planning and training: Office of Emergency Management
Right-to-know: Colorado Department of Public Health and
Environment :
Section 313 data: Colorado Department of Public Health and
Environment
State officials anticipate that implementation of Title III will cost
approximately $200,000 annually.
Currently, all Title III costs are borne by existing state agency
budgets.
HB 90-1238 made a one-time appropriation of $22,000 to CEPC
for support and $20,000 to CEPC for an assessment and
implementation study.
Currently fifty-six LEPDs and fifty-sbc LEPCs appointed.
Existing state law requires local jurisdictions to write and maintain
local emergency operations plans.
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
Section 24-33-2605 (Colorado Revised Statutes), concerning
implementation of Title III in Colorado
11
PROFILES
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12
Potential Liability of
SERCandLEPC
Members
CEPC Members
Section 24-33-2603 (Colorado Revised Statutes), adds members,
limits liability, and authorizes a substitute for the Tier II form.
HB 90-1238 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;
One environmentalist;
Two industry representatives;
Two local government representatives;
One LEPC at-large representative; and
One state patrol representative.
Connecticut
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
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
(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
Recipient of Sections 302, 311, 312, and 313 data: Department of
Environmental Protection
Approximately $79,000 is budgeted annually from general funds.
Many administrative costs are absorbed by state agencies.
Connecticut's 156 town LEPCs submitted, reviewed, and updated
plans to the SERC by August 1992.
Labeling Requirements and Notification to Local Fire Marshals Act,
1983
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES1997
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Enforcement Efforts
Potential Liability of
SERC and LEPC
Members
Related Information
SERC Members
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 1996.
A Governor's task force on accidental toxic chemical releases
published a document in 1987 outlining steps that industry and
communities can adapt to their specific needs and use in preparing
for and responding to a chemical emergency.
Statutory Members:
i
Commissioner, Department of Environmental Protection;
Commissioner, Department, of Public Safety;
Commissioner, Department of Labor;
Director, Office of Emergency Management;
Commissioner, Department of Public Health and Addiction
Services;
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PROFILES
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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
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws
Enforcement Efforts
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
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
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.
In February 1989, the state designated Wilmington and the three
counties as LEPCs, for a total of four planning committees and
districts.
The SERC reviewed all LEPC emergency plans.
Hazardous Chemical Information Act, 1984
Extremely Hazardous Substances Risk Management Act (1990)
The state is enforcing its Hazardous Chemical Information Act.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES1997
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Potential Liability of
SERC and LEPC
Members
Related Information
SERC Members
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 members.
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.
Certain sections of Title III of SARA are 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;
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
District of Columbia State Emergency Response Commission
Mayor's Order No. 88-214, September 23, 1988
One agency
Director, .Office of Emergency Preparedness
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PROFILES
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Commission Address
Agency Roles
State Costs and
Approach to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws
Enforcement Efforts
Related Information
SERC Members
District of Columbia Office of Emergency Preparedness
2000 14th Street NW
8th Floor
Washington, D.C. 20009
(202) 727-6161
Emergency planning: Office of Emergency Preparedness
Right-to-know: Office of Emergency Preparedness
Recipient of Section 313 data: Office of Emergency Preparedness
D.C. officials estimate that $60,000 in general funds were used for
chemical emergency planning in fiscal 1992.
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 District of Columbia fire chief.
The LEPC completed a revision of the District of Columbia SARA
Title III Comprehensive Hazardous Materials Emergency Response
Plan in January 1993.
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 Office of
Emergency Preparedness and discusses hazardous materials issues.
The environmental planning specialist of the Plans and Training
Division, Office of Emergency Preparedness, serves as staff to the
LEPC and the SERC.
Brochures were published in 1992 on the following subjects:
planning, information, transportation, and education.
A videotape on how to plan a hazardous materials response drill was
produced.
Office of Emergency Preparedness
Florida
Commission Name
Legal Basis
Commission Format
Florida State Emergency Response Commission
Executive Order No. 94-138
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.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES1997
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Chairs
Commission Address
Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws
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
(904) 413-9970
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 report went into effect
for the July 1993 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 382 facilities. All plans were updated during
fiscal 1995-96.
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
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PROFILES
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Enforcement Efforts
Potential Liability of
SERCandLEPC
Members
Related Information
SERC Members
18
The state is enforcing its Hazardous Materials Emergency Response
and Community Right-to-Knbw 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
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 Council;
Representative, Fire Chiefs' Association;
Representative, State Fire Marshall's Office;
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 and the
Florida Employers Safety Association.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES1997
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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
Related Information
SERCMembers
Georgia State Emergency Response Commission
Executive Order by Governor Zell Miller
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 King 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 the state.
The SERC is in the process of establishing additional LEPCs at the
county level.
Georgia is one of five states in the U.S. Environmental Protection
Agency's comprehensive data management pilot project.
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
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
SERC Members
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;
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES1997
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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
State Law, Act 300, Hawaii EPCRA
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 arid Emergency Response
Program, Department of Health
Recipient of Section 313 data: Hazard Evaluation and Emergency
Response Program, Department of Health
Approximately $75,000 in general funds were spent in fiscal 1991 to
implement Title III activities.
All four LEPCs submitted plans to HSERC by October 17, 1988,
for review and approval.
Each county had an existing emergency management plan and a
local civil defense agency prior to enactment of Title III.
Although Hawaii has not yet dealt with this aspect of tort liability, the
Department of the Attorney General offered an unofficial
interpretation of existing statutory law. It must first be assumed that
SERC and LEPC members are "appointed," as opposed to elected,
and second, that the SERC or LEPC falls under the category of a
"state agency." With these presumptions, the SERC and LEPC
members shall be immune from civil liability, unless the conduct in
question is die result of malicious or improper purpose. The member also
shall be eligible for state representation and defense in such an action.
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;
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.
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Idaho
22
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
Idaho Emergency Response Commission
Idaho Hazardous Substance Response Act, 1991
Six state agencies, one industry official, one citizen-at-large, and one
from each of the following groups: county commissioner, mayor, fire
chief, police chief, sheriff, agricultural organization.
Citizen-at-large
Idaho Emergency Response Commission
4040 Guard
P.O. Box 83720
Boise, Idaho 83720
(208) 334-3263
Emergency planning: Bureau of Disaster Services and the Idaho
Emergency Response Commission
Right-to-know: Commission; Executive Office of the Governor
M Recipient of Section 313 data: Commission, Executive Office of the
Governor
For emergency planning efforts and right-to-know activities, the state
has budgeted $180,000, which is drawn from the hazardous waste
fund.
The state's forty-four counties are LEPCs.
Idaho Hazardous Substance Response Act, 1991. Gives the SERC
authority to create regional response teams and to create and update
the state chemical and radiological response plans, and gives
rulemaking authority to the SERC for reimbursement of response
costs to local governments.
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 SERC 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.
The commission developed an information brochure on compliance
procedures for SARA Title III in Idaho. The brochure has been
widely distributed in the state to hazardous waste generators, air and
water emission permit holders, cities and counties, fire chiefs,
chambers of commerce, industrial hygienists, and selected SIC codes.
EMERGENCY PLANNING AND COMMUNITY RIQHT-TO-KNOW ACT: STATE PROFILES1997
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The Idaho Bureau of Disaster Services prepared a model hazardous
materials annex and planning guidance for use with existing county
emergency operations plans. Planners visited most of Idaho's
forty-four counties to assist in implementing the annex locally.
Commission staff regularly conduct compliance workshops for
industry organizations.
Data management for community right-to-know will be centralized
at the commission offices using CAMEO.
The commission has an active technical assistance program to help
local governments with hazards analysis.
The commission has produced Idaho's Hazardous Materials Incident
Command and Response Support Plan, which has recently been
updated to include radiological response.
SERC'Members Citizen-at-large;
Adjutant General, Idaho National Guard;
State fire marshal;
Director, Health and Welfare Department;
Director, Law Enforcement Department;
Director, Transportation Department;
Director, Agriculture Department;
A mayor;
A county commissioner;
A transporter of hazardous materials;
A fire chief;
A police chief;
A sheriff;
A representative from a farm or ranch; and
An industry official.
Illinois
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
23
Illinois State Emergency Response Commission
State Law (Illinois Revised Statute, 1989, Chapter 111.5,
Paragraph 7701)
One state agency
Director, Emergency Management Agency :
Illinois Emergency Management Agency
110 East Adams Street
Springfield, Illinois 62706 ;
(217) 782-2700
PROFILES
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Agency Roles
24
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws
Enforcement Efforts
Potential Liability of
SERCandLEPC
Members
Related Information
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 $160,000
in general funds on Title Ill-related activities in fiscal 1991.
The state's 102 counties and the city of Chicago were designated as
local emergency planning districts. The 102 counties had emergency
operations and plans in place prior to the enactment of Title III.
Approximately 89 percent of the state's population is protected by a
comprehensive emergency response plan.
Chemical Safety Act, 1985
Toxic Substances Disclosure to Employees Act, 1983
Illinois Emergency Planning and Community Right-to-Know Act,
1989
The state is enforcing its Chemical Safety Act and Toxic Substances
Disclosure to Employees Act.
The SERC referred three actions for 304 violations to U.S. EPA
Region V for failure to provide immediate notification following
regulated releases.
The state is using its authority under state law to enforce violations
of Section 313.
A recent advisory 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.
An advisory committee was 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;
Department of Labor;
Illinois Chamber of Commerce;
Illinois Hazardous Materials Advisory Board;
Illinois Chemical Industry Council;
Illinois Manufacturers Association;
Citizens for a Better Environment; and
A local government emergency coordinator.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES1997
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SERC Members
Indiana
Commission Name
Legal Basis
Commission Format
Chair
Vice Chair
Commission Address
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.
In March 1987, the Illinois Hazardous Materials Advisory Board
and the Illinois Fire Service Institute published "Hazardous
Materials Emergency Response: Training Programs and Response
Equipment." This document establishes training standards for
emergency response personnel and helps state and local responders
use equipment safely and effectively in an emergency situation.
The Hazardous Materials Advisory Board was formed 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 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, arid three from the general public.
Director, Indiana State Emergency Management Agency
Commissioner, Indiana Department of Environmental Management
Indiana Emergency Response Commission
State Emergency Management Agency
302 West Washington Street
RoomE-208
Indianapolis, Indiana 46204-2760
(317) 232-3830
(317) 233-7745 24-hour emergency notification
(317) 232-3830 Administrative calls
25
PROFILES
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Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
i Emergency planning: State Emergency Management Agency and
Department of Environmental Management (DEM)
i Right-to-know: DEM, 100 North Senate N-1255, P.O. Box 6015,
Indianapolis, Indiana 46206-6015
Recipient of Section 313 data: DEM, Office of Pollution Protection
and Technical Assistance.
11C 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.
i 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; and
3. Training for emergency response planning, information
management, and hazardous materials incident response.
i Approximately $600,000 was spent in fiscal 1996 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.
i The OEM'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.
i Indiana's ninety-two counties serve as local emergency planning
districts.
i All of the ninety-two county LEPCs have submitted local emergency
plans.
i Most counties had emergency management structures in place prior
to the enactment of Title III.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES1997
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Related State Laws
Enforcement Efforts
Potential Liability of
SERCandLEPC
Members
Related Information
SERC Members
Iowa
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
The Local Emergency Planning and Right-to-Know Fund, revised
1995
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. '
The commission has six standing committees that study issues and
make recommendations to the SERC: policy, fiscal, training,
technical, legislative, and communication.
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 Emergency Response Commission
Iowa Administrative Code Chapter 30
State agencies and two officials from industry
Maintence 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
27
PROFILES
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28
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws
Enforcement Efforts
Related Information
SERC Members
Approximately $59,000 was spent on emergency planning and
$94,000 on right-to-know activities in fiscal 1994.
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.
Each county's public library will receive a complete set of Tier II data
for public access.
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; arid
Two industry representatives.
Kansas
Commission Name
Legal Basis
Commission Format
Chair
Kansas State Emergency Response Commission
The Kansas Emergency Planning and Community Right-to-Know Act
(KSA 65-570 letseq.)
Eleven state agencies, three representatives from the general public,
one from the Governor's office,, and two regulated facility officials.
Regulated facility official
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES1997
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Commission Address
Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws
Enforcement Efforts
Kansas State Emergency Response Commission
c/o Right-to-Know Program
Bureau of Air and Radiation ;
Kansas Department of Health and Environment
']' Street and 2 North, Building 283
Topeka, Kansas 66620
(913) 296-1690
Emergency planning/training of first responders: Office of the
Adjutant General, Division of Emergency Preparedness
304 notification, Division of Emergency Preparedness
Right-to-know: Kansas Department of Health and Environment
(KDHE), Right-to-Know Program
Recipient of Section 313 Data: KDHE, Right-to-Know Program
B 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
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 Preparedness (KDEP) received
$200,000 in state general appropriations for implementation of Title
III in fiscal 1992.
KDHE received $437,000 in combined state general funds and fee
appropriations for implementation of Title III in state fiscal 1992.
KDEP published a 194-page "1993 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.
All 105 LEPCs have submitted a chemical plan.
All of the LEPCs have exercised their Title III plans.
Kansas Emergency Planning and Community Right-to-Know Act
(KSA 65-5701), 1987 :
H.B. 2472, 1991. Amends KSA 65-5701 to broaden authority of
the Kansas SERC. :
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
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PROFILES
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Potential Liability of
SERCandLEPC
Members
Related Information
30
SERCMembers
compliance and enforcement policy approved by the secretary and the
SERC. 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 SERC and
LEPC members.
KDHE outlined the accomplishments of the Kansas Emergency
Planning and Community Right-to-Know Act in an annual report.
KDHE and Division of Emergency Preparedness implemented a
combined information management system to process all Title III
data submissions and to provide for emergency response planning and
emergency incident tracking. Title III public outreach activities were
held at trade shows and the state fair, and for community groups and
trade organizations to encourage compliance with the law. The
Department of Health and Environment published a series of booklets
informing various segments of the community on the background and
basic provisions of the Kansas Emergency Planning and Community
Right-to-Know Act and SARA Title III. The booklets are directed to
small businesses, agricultural interests, citizens, public institutions, and
local emergency response personnel. The succinct and easy-to-read
format serves as a useful foundation for obtaining further information
on the law. The SERC has also published an LEPC handbook and a
SERC operations manual that are available upon request.
Governor;
Lieutenant Governor;
Secretary, Department of Health and Environment;
Attorney General;
Adjutant General;
Secretary, Department of Human Resources;
Superintendent, Kansas Highway Patrol;
Secretary, Board of Agriculture;
Secretary, Department of Wildlife and Parks;
Secretary, Department of Transportation;
State fire marshal;
Member, State Corporation Commission;
Two representatives from regulated facilities; and
Three public members, including a representative from the state
legislature, a firefighter, and a representative from the business
community.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES1997
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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
Potential Liability of
SERCandLEPC
Members
SERCMembers
Kentucky Emergency Response Commission
Kentucky Revised Statutes 39.800-990 (1988)
Seven state agencies, representatives of industry and associations, an
academician, private citizens, and representatives of environmental
groups.
Executive Director, Kentucky Disaster and Emergency Services,
Department of Military Affairs
Kentucky Disaster and Emergency Services
ATTN: KYERC
Boone Center
Frankfort, Kentucky 40601-6168 :
(502) 564-5223
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 118 county LEPCs have had their plans approved through the
process authorized in KRS 39.815, 840, and 845.
Public notices of addresses and meeting locations of local emergency
planning committees are published annually in newspapers
throughout the state.
KRS 39.817 establishes a fee system.
Amendment to KRS 39.990 enacted in 1990 clarifies and
strengthens the penalty section of the state's Right-to-Know Act.
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.
Executive Director, Disaster and Emergency Services, Department of
Military Affairs;
Representative, Natural Resources and Environmental Protection
Cabinet, Office of the Secretary;
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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;
Vice President of Government Affairs, Kentucky Chamber of
Commerce;
Industry representatives;
Dean of Chase College of Law;
LEPC Chairman, Boyle County;
LEPC Chairman, Madison 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
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
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: 2361-2379), 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
P.O. Box 66614
Baton Rouge, Louisiana 70896
(504)925-6113
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PR.OFILES1997
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Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws
For Section 313 Form R submittals 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.
However, in 1997, the Louisiana Legislature rescinded the authority
of local governments to impose filing fees unless the LEPC had
previously imposed a fee.
$464,247 in revenue from existing state fees and civil penalties was
spent on right-to-know program administration and assistance to the
SERC during fiscal 1995-96.
Under Section 2368.D of the state law, local governing authorities
may adopt an ordinance allowing LEPCs to collect fees from
facilities within the parish pursuant to specified limits.
The sixty-four parishes throughout Louisiana serve as local emergency
planning districts with each parish having a local emergency planning
committee.
State law authorizes local government to pass ordinances allowing
LEPCs to collect fees from facilities within the political subdivision.
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PROFILES
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Enforcement Efforts
Potential Liability of
SERCandLEPC
Members
Related Information
SERCMembers
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.
Captain, 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;
Assistant 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;
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;
Manager, GET Environmental Services;
Senior Toxicology Advisor, Albemarle Corporation;
Director of Planning and Development, Poirite Coupee Parish
Sheriffs Office;
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES1997
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President, Citizens for a Clean Environment;
Member, Assumption Parish Local Emergency Planning Committee;
Public Affairs Manager, DOW Chemical Company; and
A representative of the Louisiana Chemical Association.
Maine
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
State Costs and
Approaches to Funding
Related State Laws
Enforcement Efforts
Potential Liability of
SERCandLEPC
Members
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)287-4080
1-800-452-8735 (Maine only)
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 Tide 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
0unel989)
An Act to Clean the Environment by the Reduction of Toxics Use,
Waste and Release (April 1990)
The state is enforcing its Chemical Substance Identification Law.
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.
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PROFILES
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SERCMembers 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).
Maryland
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Chemical Reporting
Address
Agency Roles
Maryland State Emergency Response Commission
Executive Order No. 01. 01. 1987. 11
Established April 14, 1987
Based on the existing Governor's Emergency Management Advisory
Council. The council has established an Executive Committee for
Title III.
Director, Maryland Emergency Managemeni: Agency
SARA Title III
State Emergency Response Commission
2 Sudbrook Lane, East
Pikesville, Maryland 21208
SARA Title III
State Emergency Response Commission
c/o Toxic Information Center
Maryland Department of the Environment
2500 Broening Highway
Baltimore, Maryland 21224
Emergency planning and training: Maryland Emergency
Management Agency
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES1997
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Local Emergency
Planning Districts and
Committees
Related State Laws
Enforcement Efforts
Potential Liability of
SERCandLEPC
Members
Related Information
SERC Members
Right-to-know: Toxic Information Center, Department of the
Environment
Recipient of Section 312 and 313 data: Toxic Information Center,
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 Access to Information About Hazardous and
Toxic Substances Act.
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;
Maryland Fire and Rescue Institute;
Maryland Fire, Rescue, Education, and Training Commission;
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38
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.
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
Massachusetts Emergency Management Agency
400 Worcester Road, P.O. Box 1496
Framingham, Massachusetts 02108
(emergency notification, planning, and training)
(508) 820-2000
Massachusetts Department of Environmental Protection
SARA Title III
One Winter Street, 10th Floor
Boston, Massachusetts 02108
(chemical inventory and right-to-know)
(617) 292-5982
Massachusetts Department of Public Health
Right-to-Know Program
150 Tremont Street
Boston, Massachusetts 02111
(emergency notification, training, and right-to-know)
(617) 624-5757
Emergency planning: SERC, care of the Miassachusetts Emergency
Management Agency
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES1997
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State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws
Enforcement Efforts
Potential Liability of
SERC and LEPC
Members
Related Information
SERCMembers
Right-to-know: SERC, care of the Department of Environmental
Protection (lead agency)
Recipient of Section 313 data: Department of Environmental
Protection
Training and right-to-know: Massachusetts Emergency
Management Agency
The total cost of emergency planning and community right-to-know
programs is estimated at $1.2 million to $1,.5 million. 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.
332 of the 351 city and town LEPCs submitted local emergency,
plans to the SERC by April 30, 1990, for review and approval.
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 Title III exemption for Section 311 and 312
reporting.
DPH sent a letter to 200 research laboratories in August 1988
advising them of the federal law and providing them with options
for reporting Section 311 and 312 hazardous substance information.
The SERC published "An Employer's Guide to Title III of SARA"
in April 1988. The pamphlet provides an overview of the four major
sections of Tide III and outlines what a covered facility must do
under the law. State agency contacts are also listed.
During 1989 the SERC published and distributed a listing of the
351 Massachusetts LEPCS.
Massachusetts Fire Chiefs' Association;
Massachusetts Department of Environmental Protection;
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40
Michigan
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
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;
Massachusetts State Police;
Associated Industries of Massachusetts; and
Massachusetts Chemical Technology Alliance.
* These members are appointed by the SERC chairperson.
Michigan Emergency Planning and Community
Right-to-Know Commission
Executive Order
Established April 16, 1987
Six state agencies, four representatives from local government, two
industry officials, three labor representatives, one representative from
an environmental group, one agricultural representative, one
representative from the academic community, and one representative
from the general public.
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
Emergency planning: Michigan State Police
Right-to-know: Department of Natural Resources
Recipient of Section 313 data: Environmental Assistance Division,
Department of Natural Resources
In fiscal 1994, the state police spent approximately $270,000 in
general funds for emergency planning, and the Department of Natural
Resources spent $120,000 on right-to-know activities.
Fifty-nine of Michigan's ninety-two LEPCs submitted local
emergency plans to the SERC by July 1994.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES1997
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Related State Laws
Enforcement Efforts
Potential Liability of
SERCandLEPC
Members
SERCMembers
The eighty-three counties and nine 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 Natural Resources;
Director, Department of Commerce;
Director, Department of Public Health;
Director, Department of Labor;
Director, Michigan State Police;
Director, Department of Agriculture; and
Representatives from the following organizations:
Local emergency response agency;
Local government agencies charged with the protection of public
health and environment from the potential threat of hazardous
materials;
Local government;
Agriculture;
Environmental advocacy group;
Industry with more than 300 employees;
Industry with fewer than 300 employees;
Labor;
Academic program on health and safety;
Citizens;
Local emergency preparedness program; and
Local emergency planning committee.
Minnesota
Commission Name
Legal Basis
Commission Format
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 committeesreporting and public
requests, education and training, legislative, emergency planning, and
executive.
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PROFILES
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Chair
Commission Address
Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws
Enforcement Efforts
Elected annually from the commission membership
Minnesota Emergency Response Commission
B5 State Capitol
75 Constitution Avenue
St. Paul, Minnesota 55155
(612) 643-3000
Emergency planning: Department of Public Safety
M 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 1997. 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 negotiated three stipulation agreements for alleged
Tide III violations.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES1997
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Potential Liability of
SERCandLEPC
Members
Related Information
SERC Members
Mississippi
Commission Name
Legal Basis
Commission Format
Chair
The SERC has prepared an enforcement handbook for training
personnel in other agencies.
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. 573
Established March 3, 1987
One state agency
Director, Mississippi Emergency Management Agency
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PROFILES
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Commission Address
44
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 ;
Emergency planning: Mississippi Emergency Management Agency
Right-to-know: Mississippi Emergency Management Agency
Recipient of Section 313 data: Mississippi Emergency Management
Agency
The SERC spent $66,685 in general funds for emergency planning
and right-to-know activities in fiscal 1989.
Thirty-two of the eighty-two county LEPCs submitted plans to the
SERC for review and approval by the October 1988 deadline.
The Volunteer Immunity Act of 1988 (HB-775) provides immunity
to qualified volunteers.
Representatives of the Mississippi Emergency Management Agency
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.
Steve Paulsell, Chief, Boone County Fire Protection District.
Commission officers are elected annually by the commission members.
(EPCRA Reports [except Section 313 Form Rs])
Missouri Emergency Response Commission
P.O. Box 3133
Jefferson City, Missouri 65102
(314) 526-3349
Street Address:
1715 Industrial 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
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES1997
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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
SERC Members
(314) 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.
In fiscal 1994, approximately $710,000 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.
Some LEPCs have received voluntary contributions from facilities
within their jurisdiction to support their activities.
Missouri has ten multicounty LEPDs comprised of forty-seven
counties. The city of St. Louis and sixty-seven counties have formed
their own districts for a total of seventy-eight local emergency
planning districts.
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.
The Governor appoints a representative from each the following:
Hazardous materials transportation;
Missouri industry;
Chief fire officer;
Law enforcement officer;
Local government; and
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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
Potential Liability of
SERCandLEPC
Members
SERC Members
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
Attn: Tom Ellerhoff
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 Health and Environmental Sciences
Recipient of Section 313 data: Department of Health and
Environmental Sciences
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.
SERC and LEPC members who act within the scope and course of
their office will be defended and indemnified by the state of Montana.
However, the state will not defend or indemnify an employee whose
conduct constituted oppression, fraud, malice, or a criminal offense.
Representatives of the following agencies:
Governor's office;
Division of Disaster and Emergency Services, Department of
Military Affairs;
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES1997
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Nebraska
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
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.
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
SERC Members
State Emergency Response Commission
Executive Order 92-2
Directors of five state agencies, two members from industry, two
members from transportation, and one member from the general
public.
Director, State Emergency Management Agency (Adjutant General)
Nebraska Emergency Management Agency
1300 Military Road
Lincoln, Nebraska 68508
Emergency planning: State Emergency Management Agency
First responder training: State Emergency Management Agency, Fire
Marshal Training Division
Right-to-know: Department of Environmental Quality
Recipient of Section 313 data: Department of Environmental
Quality
Emergency release notification: Department of Environmental
Quality
The Department of Environmental Quality received $85,000 in
general funds for right-to-know activities.
The state is considering the establishment of a fee program.
LEPCs have been formed at the county level in all forty-two counties,
with one four-county region and one forty-eight county region. Plans
are developed as part of the county all-hazards local emergency
operating plans (LEOPs).
Director, State Emergency Management Agency;
Director, Department of Roads;
Director, Department of Health;
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Director, Nebraska State Patrol;
Director, Department of Environmental Quality;
State fire marshal; and
Additional representatives appointed from transportation, agricultural
interests, chemical industry, and the general public.
Nevada
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
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.
State: Government Relations Director,
Southern Pacific Transportation Company; and
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
(702) 687-6973
Emergency planning: Division of Emergency Management
Recipient of Section 313 data: Division of Environmental Protection
Recipient of Section 312 data: fire marshal's office
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 20 percent of the monies received
for the permitting of motor carrier transporters of hazardous
materials throughout the state. The contingency fund went into
effect in January 1989.
The state anticipates that implementation of Tide III will cost about
$300,000 annually.
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-county LEPCs submitted local emergency plans
to the SERC. The plans are continually tested and updated.
Nevada Revised Statutes, Chapter 459 (pertaining to hazardous
materials)
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES1997
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Enforcement Efforts
Potential Liability of
SERCandLEPC
Members
Related Information
SERC Members
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 to 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;
Chair, Lyon County LEPC;
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;
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
New Hampshire Emergency Response Commission
Executive Order
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PROFILES
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Commission Format
Chair
Commission Address
Agency Roles
50
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws
Related Information
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 III is estimated to cost the 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.
The SERC has received twenty-six emergency plans.
"Worker Right-to-Know Law, 1983
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 is undertaking activities in the following emergency
response and planning areas:
Completion of a Hazardous Materials Incident Response Plan and
Standard Operating Procedure (SOP);
Development of a resource identification program;
Development of a community hazard identification program;
Development of a state response team and unit;
, Programs for local awareness, training, and planning;
Interagency drills and exercises;
Hazardous materials regional workshops;
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES1997
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Plans review;
Grant assistance; and
Legislative issues.
SERC Members 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.
New Jersey
Commission Name
Legal Basis
Commission Format
Chairs
51
New Jersey State Emergency Response Commission
Executive Order No. 161
Established February 13, 1987
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.
Superintendent, New Jersey State Police;
Director, State Office of Emergency Management; and
Commissioner, New Jersey Department of Environmental Protection
PROFILES
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Commission Address
52
Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws
Enforcement Efforts
New Jersey State Police
Office of Emergency Management
Division Headquarters
Box 7068 River Road
West Trenton, New Jersey 08628-0068
(609) 538-6064
(Emergency planning)
New Jersey Department of Environmental Protection
Bureau of Chemical Release Information and Prevention
Title III Program
CN405
Trenton, New Jersey 08625-0405
(609) 292-6714
(Right-to-know)
Emergency planning: Office of Emergency Management, State Police
Right-to-know: Bureau of Chimical 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, with a minimum of $50 per employer.
515 of the 588 county and municipal LEPCs have SERC-approved
plans, and 35 additional LEPCs have plans under development. A
small group of LEPCs has identified SARA 302 facilities that
currently are not involved in the planning process. A strategy has
been successfully implemented to seek compliance from these
municipalities by working with the New Jersey Department of
Health and Senior Services Public Employees Occupational Safety
and Health Program to inspect jurisdictions for compliance with
emergency response plans under OSHA 1910.120.
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)
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.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES1997
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Potential Liability of
SERCandLEPC
Members
Related Information
i 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.
i 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.
i DEP is promoting Section 312 compliance through its
communication/outreach program. Speaking engagements are
regularly scheduled with trade associations and community service
organizations, promoting an understanding of the program, its
value, and goals.
992 inspections of facilities were conducted during calendar 1995 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. ',
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
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54
language applicable to most of the plan. LEPCs need only modify
the text where their local operations differ from that in the EOF
guidance.
B 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, siting of monitoring, the emissions
inventory, and rule development. Research conducted by the Office
of Pollution Prevention 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
Commission Address
Agency Roles
New Mexico State Emergency Response Commission
State law
Seven members appointed by the Governor, at least three from the
public sector.
Appointed by the Governor (presently the Deputy Director,
Technical Support Division)
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
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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
Commission Address
Agency Roles
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.
Twenty-three of the thirty-three county LEPCs submitted plans to the
SERC for review by November 30, 1988.
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.
Deputy 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
Based on the Disaster Preparedness Commission, which consists of
representatives from seventeen 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
New York State Emergency Response Commission
Building #22, Suite 101
1220 Washington Avenue
Albany, New York 12226-5000
(518) 457-2222
Emergency planning: State Emergency Management Office
Right-to-know: Department of Environmental Conservation
Recipient of Section 313 data: Department of Environmental
Conservation
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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
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 Sec. 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 by the October 17, 1988, deadline.
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
The SERC sent to each LEPC an enforcement strategy memorandum
outlining actions that the state would take to enforce Title III. These
actions are consistent with the guidance contained in the U.S. EPA
document, "When All Else Fails."
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 commission publishes a brochure on facility reporting
requirements.
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 "Emergency Command
and Management of Hazmat" course for local officials involved in
hazardous materials response.
A computer lab offering hands-on training with Computer-Aided
Management of Emergency Operations (CAMEO) software has
been established at the state fire academy.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES1997
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SERC Members
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 maintains facility and chemical inventory databases as a service
to LEPCs.
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.
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
58
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
North Carolina Emergency Response Commission
Executive Order 17, signed June 1993
Consists of at least seventeen 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
Emergency planning: Division of Emergency Management,
Department of Crime Control and Public Safety
Right-to-know: Division of Emergency Management,
Department of Crime Control and Public Safety
Recipient of Section 313 data: Division of Emergency Management,
Department of Crime Control and Public Safety
In fiscal 1993, the State Emergency Response Commission spent
$418,949 in general funds on emergency planning and
right-to-know activities.
In fiscal 1991, the SERC spent $420,000.
Six existing emergency response regions serve as Local Emergency
Planning Districts. Each district consists of fifteen to eighteen of the
state's 100 counties.
All of the 101 LEPCs submitted revised emergency response plans to
the SERC for review by September 1, 1990.
The state's Multi-Hazard Plan incorporates Title III requirements in
its hazardous materials annex.
Each local planning district has a coordinator and a trainer from the
existing emergency management structure. A SARA planner position
has been added for Title III implementation.
Hazardous Chemical Right-to-Know Act, 1985
North Carolina Hazard Communication Standard
The state is enforcing its own Hazardous Chemical Right-to-Know
Act.
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.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES1997
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Related Information
SERC Members
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;
Safety Director, Department of Agriculture;
Supervisor, Facilities Assessment Unit, Division of Environmental
Management, Department of Environment, Health, and Natural
Resources (DEHNR);
Director, Solid Waste Management Division, DEHNR;
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; and
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.
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 58502-5511
(701)328-2111
(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.
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Related State Laws
Enforcement Efforts
Potential Liability of
SERCandLEPC
Members
SERC Members
The Division of Emergency Management developed 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 the 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 the Attorney General;
Department of Agriculture; and
Department of Workers' Compensation.
Northern Marianas
Commission Name
Commission Format
Chair
Commission Address
Agency Roles
Local Emergency
Planning Districts and
Committees
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
The entire territory is designated as a local emergency planning district.
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SERC Members
Ohio
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
State Costs and
Approaches to Funding
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.
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.
Executive Director, Ohio Environmental Protection Agency
Ohio Environmental Protection Agency
SARA Title III
P.O. Box 1049
Columbus, Ohio 43216-1049
(614)644-2260 . -
Emergency planning: Ohio Emergency Management Agency and
Ohio Environmental Protection Agency
Right-to-know: Ohio Environmental Protection Agency, Chemical
Emergency Preparedness Unit
Recipient of Section 313 data: Ohio Environmental Protection
Agency, Division of Air Pollution Control
The Ohio EPA collected $1.6 million in state fiscal 1996 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
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.
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Local Emergency
Planning Districts and
Committees
Related State Laws
Enforcement Efforts
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 follpwing 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 1996 will amount to $5.13 million:
Ohio EPA$541,000;
Ohio Emergency Management Agency-$386,000;
State Fire Marshal$27,000 for first responder training;
LEPCs$3,626,269; and
Fire department training$549,619.
Of the eighty-seven county LEPCs, eighty-six submitted emergency
response plans to the Ohio Emergency Management Agency as of
October 1995. Seventy-one of the plans have been approved by the
SERC.
i Seventy-seven LEPCs exercised their plans in fiscal 1996.
i 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.
i 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.
i Chapter 3751 of the Ohio Revised Code provides authority for a
Toxic Release Inventory Program.
i 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.
i LEPCs may take action through their county prosecutor and use
penalties for their administrative costs.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES1997
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Potential Liability of
SERCandLEPC
Members
Related Information
SERC Members
Ten cases were referred to the SERC's executive committee during
state fiscal 1996. These cases were brought against companies that
failed to comply with the state EPCRA legislation. Decisions ranged
from issuance of warning letters to an enforcement referral to the
state's Attorney General's Office, Environmental Enforcement
Section.
Ohio law provides limited immunity for SERC and LEPC members
when they act within the scope of their statutory authority and if the
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.
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Oklahoma
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
Local Emergency
Planning Districts and
Committees
SERCMembers
Oregon
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.
Executive Director, Oklahoma Department of Environmental Quality
Oklahoma Department of Environmental Quality
1000 NE 10th Street
Oklahoma City, Oklahoma 73117-1212
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.
Each of the eighty LEPCs has submitted plans to the SERC for
approval.
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.
Commission Name
Legal Basis
Commission Format
Chair
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
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES1997
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Commission Address
Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Related State Laws
Enforcement Efforts
Potential Liability of
SERC and LEPC
Members
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
Oregon spent approximately $800,000 on emergency planning and
community right-to-know activities in fiscal 1991. These programs
are financed using hazardous substance possession fee revenues.
The hazardous substance possession fees ($500,000) also support the
Toxic Use Reduction Program and fund the state Superfund
program ($400,000).
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 has begun 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.
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PROFILES
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Related Information
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 infotrmation 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.
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.
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, Sitate Police Department;
State Fire Marshal, State Police;
Superintendent, State Police;
State Forester;
Director, Poison Control and Drug Informa.tion 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.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES1997
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Pennsylvania
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
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 Mark S. Schweiker
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
Right-to-Know (RTK)
.Recipient of Section 313 data: Department of Labor,and Industry,
Bureau of RTK
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: jiocal government elected
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Related State Laws
Enforcement Efforts
Potential Liability of
SERC and LEPC
Members
Related Information
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.
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 Right-to-Know
in the Department of Labor and Industry acts as the repository of
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 Right-to-Know
(RTK). The manual was mailed to all owners/operators who
submitted the annual chemical inventory form in 199.0. The manual
has been updated and is still issued to facility owners/operators.
Copies of the manual may be received by calling RTK 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.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES1997
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SERCMembers
Governor;
Lieutenant Governor;
Director, Pennsylvania Emergency Management Agency;
President Pro Tempore, State Senate;
Speaker, State House of Representatives;
Minority Leaders, State House and Senate;
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.
69
Puerto Rico
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
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 of the 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
(809) 725-5140, ext. 204 or 214
(809)722-1175,722-2173
Emergency planning: Environmental Quality Board
Right-to-know: Environmental Quality Board
Recipient of Section 313 data: Environmental Quality Board
PROFILES
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State Costs and
Approaches to Funding
70
Local Emergency
Planning Districts and
Committees
SERC Members
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.
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
Rhode Island State Emergency Response Commission
Executive Order No. 87-6. 1
Six state agencies and representatives from local emergency response
organizations
Director, Rhode Island Emergency Management Agency
Rhode Island Emergency Response Commission
State House, Room 27
Providence, Rhode Island 02903
(401) 421-7333
M Emergency planning: Emergency Management Agency
Right-to-know: Department of Labor
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.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES1997
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Local Emergency
Planning Districts and
Committees
Related State Laws
Enforcement Efforts
Related Information
SERCMembers
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
HI, are based on informal relationships and guidelines between cities
and towns.
Each of the nine LEPCs submitted local emergency plans to the
SERC.
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:
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
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. The
advisory committee to the commission consists of twelve members.
Director, Emergency Preparedness Division, Office of the Adjutant
General
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PROFILES
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Commission Address
72
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
South Carolina Emergency Response Commission
Emergency Preparedness Division
1429 Senate Street
Columbia, South Carolina 29201
(803) 734-8020
Emergency planning: Emergency Preparedness Division, Office of
the Adjutant General
Recipient of Section 302 data: EPCRA Reporting Point,
Department of Health and Environmental Control
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. .
All of the forty-six county LEPCs submitted local emergency plans
to the SERC for review by the October 17, 1988, deadline.
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, that is
staffed by the Department of Health and Environmental Control.
The South Carolina SERC has its own Tier II form and reporting
package available from EPCRA Reporting Point, Department of
Health and Environmental Control. The commission also
encourages electronic reporting using Tier II 5.0.
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES1997
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SERCMembers 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;
Director, State Guard;
Director, Sumter County Public Safety;
Two members of local industry; and
Two members at large.
Advisory Committee members include representatives from:
South Carolina "Wildlife Federation;
South Carolina League of Women Voters;
South Carolina Broadcasters Association;
South Carolina Press Association;
South Carolina State Firemen's Association;
South Carolina Law Enforcement Officers' Association;
South Carolina Emergency Preparedness Association;
South Carolina Midlands Emergency Medical Service;
South Carolina Trucking Association;
South Carolina Chamber of Commerce;
South Carolina Department of Labor; and ,
American Red Cross.
South Dakota
73
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
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
PROFILES
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State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Potential Liability of
SERCandLEPC
Members
Related Information
SERCMembers
Tennessee
Commission Name
Legal Basis
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.
Fifty-nine of the sixty-six county LEPCs submitted local emergency
plans to the SERC by September 1, 1994.
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.
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.
Tennessee State Emergency Response Council
Executive Order No. 7
Established April 1, 1987
EMERGENCY PLANNING AND COMMUNITY RIGHTrTO-KNOW ACT: STATE PROFILES1997
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Commission Format
Chair
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
Texas
Commission Name
Legal Basis
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
Tide-Ill.
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.
Director, Emergency Management Agency;
Commissioner, Department of Health and Environment; 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 State Emergency Response Commission
Executive Order AWR-94-14
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76
Commission Format
Chair
Commission Address
Agency Roles
State Costs and
Approaches to Funding
Local Emergency
Planning Dtstrictsand
Committees
Related State Laws
Enforcement Efforts
Related Information
SERC Members
Based on the State Emergency Management Council. Includes
twenty-eight representatives from state agencies, and the American
Red Cross.
Director, Department of Public Safety
Texas State Emergency Response Commission
Division of Emergency Management
P.O. Box 4087
Austin, Texas 78773-0001
(512)465-2138
Emergency planning: Division of Emergency Management,
Emergency Notification: Texas Natural Resources Conservation
Commission and Texas Railroad Commission
Right-to-know: Texas Department of Health, Occupational Safety
Program
Recipient of Section 313 data: Texas Natural Resources
Conservation Commission
Approximately $410,000 in reporting fees is generated annually and is
used to support emergency planning and community right-to-know
activities. ;
As of October 1993, more than 79 percent of the state's population
was covered by emergency planning under Title III. An additional
16 percent was covered by partial planning.
The state's 254 counties serve as local emergency planning districts
and Harris, Galveston, Crosby, and Armstrong counties have more
than one LEPC, for a total of 278 LEPCs.
Texas Hazard Communication Act, 1993
Agricultural Hazard Communication Act, 1987
Texas Disaster Act, 1975
The state is enforcing its own right-to-know laws.
The Texas Emergency Management Council is requiring facilities
covered under Section 311 to submit a list of chemicals for which
material safety data sheets (MSDS) are available rather than
individual MSDS. The chemical list must be reported to the
Department of Health.
The State Emergency Management Council was established under
the authority of the Texas Disaster Act of 1975 and the Governor's
Executive Order relating to emergency management.
The head or designated representatives of the following agencies and
organizations:
Adjutant General's department;
Texas Attorney General's office;
State Auditor's office;
EMERGENCY PLANNING AND COMMUNITY RJGHT-TO-KNOW ACT: STATE PROFILES1997
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Utah
Commission Name
Legal Basis
Commission Format
Chairs
Commission Addresses
State Aircraft Pooling Board;
Department of Information Resources;
Texas Department of Agriculture;
Texas Department of Commerce;
State Comptroller of Public Accounts;
General Services Commission;
Texas Education Agency;
Texas Employment Commission;
Texas Department of Health;
Texas Department of Transportation; '
Public Utility Commission of Texas;
Texas Department of Mental Health and Mental Retardation;
Texas Department of Parks and Wildlife;
Texas Department of Public Safety;
Texas Rehabilitation Commission;
Texas Department of Insurance;
Texas Natural Resources Conservation Commission;
General Land Office;
Texas Engineering Extension Service;
Texas Forest Service;
Governor's Division of Emergency Management;
Texas Department of Housing and Community Affairs; and
American Red Cross.
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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
Utah Department of Public Safety, Division of Comprehensive
Emergency Management
1110 State Office Building :
Salt Lake City, Utah 84114
(801) 538-3400
(Emergency planning)
PROFILES
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78
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)
Agency Roles Emergency planning: Department of Public Safety
Right-to-know: Department of Environmental Quality
Recipient of Section 313 data: Department of Environmental
Quality
In fiscal 1992, 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
citiesSalt Lake,West Valley, and Sandyand 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.
SERC Members Representatives of the following state agencies:
Department of Public Safety; and
Department of Environmental Quality.
Vermont
State Costs and
Approaches to Funding
Local Emergency
Planning Districts and
Committees
Potential Liability of
SERCandLEPC
Members
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
Vermont State Emergency Response Commission
Act 252, signed June 16, 1990
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 ;
Vermont Emergency Response Commission
Department of Public Safety
Vermont Emergency Management Division
103 South Main Street
Waterbury, Vermont 05671
Emergency planning: Department of Public Safety
Right-to-know: Department of Public Safety
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Local Emergency ,
Planning Districts and
Committees
Related State Laws
Enforcement Efforts
Potential Liability of
SERCandLEPC
Members
SERC Members
Recipient of Section 313 data: Department of Environmental
Conservation
Vermont's planning districts follow county boundaries; four LEPC
districts cover two counties. The other sk districts cover sk counties.
The state has ten LEPCs.
Community Right-to-Know Law, 1985
Act 252 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.
Act 252 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 Safely;
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.
Virgin Islands
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
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#45A
St. Thomas, U.S. Virgin Islands 00802
(809)774-3320
Emergency planning: Virgin Islands Environmental Emergency
Response Commission
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so
Local Emergency
Planning Districts and
Committees
SERC Members
Virginia
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
State Costs and
Approaches to Funding
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 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 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,
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.
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Local Emergency
Planning Districts and
Committees
Related State Laws
Enforcement Efforts
Potential Liability of
SERCandLEPC
Members
Related Information
One hundred and ten of the 114 LEPCs submitted local emergency
plans to the SERC, as of December 1, 1994.
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 III: 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 Tide 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.
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.
n 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 adopted the Emergency Information System/Chemical
version software as the data management standard for SARA Title
III hazardous materials emergency planning and response in the
commonwealth.
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SERC Members
82
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.
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
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
Three state agencies
Chair elected from within the SERC by a majority vote of the
membership.
Washington State Emergency Response Commission
Emergency Management Division
Military Department
P.O. Box 40955
Olympia, Washington 98504-0955
(360) 923-4573
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 1996.
Thirty-nine counties and seventy cities were designated as local
emergency planning districts, and each has formed its own local
emergency planning committee.
RCW 38.52 (1995) consolidates all emerency management fuctions
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
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Enforcement Efforts
Potential Liability of
SERCandLEPC
Members
SERC Members
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.
Director, Department of Community, Trade, and Economic
Development;
Director, Department of Ecology; and
Chief, Washington State Patrol.
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
Potential Liability of
SERCandLEPC
Members
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
Emergency planning: Office of Emergency Services
Right-to-know: Office of Emergency Services
Recipient of Section 313 data: Office of Emergency Services
A total of $400,000 was spent on emergency planning and
right-to-know activities in fiscal 1992. All costs were borne by
existing state and county agency budgets.
For fiscal 1993, a fee system based on form submission supported all
costs borne by the state Title III program.
Forty-seven single-county LEPCs and four 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.
There is limited liability within the scope of West Virginia law.
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84
Commission Name
Legal Basis
Commission Format
Chair
Commission Address
Agency Roles
SERC Members Director, Office of Emergency Services;
Director, Department of Natural Resources;
Director, Department of Health;
Director, Air Pollution Control Commission;
Superintendent, Department of Public Safety;
Commissioner, Department 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
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
Six state agencies; representatives from fire fighting and law
enforcement; industry officials, including a representative of small
business; representatives from local government; a labor representative;
a representative from an environmental organization; a representative
of a public or community health service; and a representative of a farm
or agricultural organization.
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 Hotline: 1-800-943-0003
Emergency planning: Division of Emergency Management,
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 III
activities. The SERB promulgated an administrative rule, Chapter
SERB1, to establish the following fees:
EMERGENCY PLANNING AND COMMUNITY RJGHT-TO-KNOW ACT: STATE PROFILES1997
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Local Emergency
Planning Districts and
Committees
Emergency planning notification fee of $800 (one-time fee for
Section 302)
Hazardous chemical inventory form fee (Tierll/annually) based on
number of chemicals reported:
$150
$300
$450
$550
$650
$750
$850
1 chemical
2 to 10 chemicals
11-100 chemicals
101-200 chemicals
201-300 chemicals
301-400 chemicals
401-500 chemicals
Over 500 chemicals
$950
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 the SERB. The fees fund an emergency
planning grant program for LEPCs and six full-time positions with
the Division of Emergency Management.
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 the
equipment).
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; and for 1996, $1,300,000.
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 HI program.
$150,000 in state funds for the Department of Natural Resources
and Department of Transportation was provided to the SERB to
purchase water pollution cleanup equipment and to provide
hazardous materials training for fire departments, response teams,
and 100 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
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86
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 2,439 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;
D make reasonable progress in completing off-site facility plans for
responding to potential releases of extremely hazardous
substances; and
a 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. The act also creates a transportation fee
program.
Wisconsin Spill Law, s. 144.76, Wisconsin Statutes.
1989 Wisconsin Act 256, published May 2, 1990Local 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 the
SERB to promulgate an administrative rule concerning procedures
for authorizing individuals to conduct inspections.
SERB has referred twenty-two cases to the Wisconsin Department
of Justice for violations of the state law implementing Title III.
Seventeen of the cases resulted in collection of fines totaling
$754,500.
Compliance actions have been initiated against approximately 174
facilities.
Wisconsin Act 342 (1987) defines a county board-appointed LEPC
member as a "state officer, employee, or agent." A member of the
SERB is also considered a "state officer, employee, or agent." As a state
EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT: STATE PROFILES1997
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Related Information
SERC Members
Wyoming
Commission Name
Legal Basis
Commission Format
Chair
Vice Chair
Commission Address
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 SERB and carrying out program activities. The
Wisconsin Department of Justice is authorized to defend SERB 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.
Administrator, Division of Emergency Management, Department of
Military Affairs;
Representative, Department of Agriculture, Trade and Consumer
Protection; ,
Representative, Department of Commerce
Representative, Department of Health and Social Services;
Representative, Department of Transportation;
Representative, Department of Natural Resources;
Representative from a firefighting organization;
Representatives from law enforcement;
Representative from county government;
Representative from municipal government;
Representative from a labor organization;
Representative from an environmental organization;
Two industry representatives;
Small business representative;
Representative from a public or community health agency; and
Representative from a farm or agricultural organization.
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.
Firefighter/legislator
Industry representative
Wyoming Emergency Response Commission
c/o Emergency Management Agency
P.O. Box 1709
Cheyenne, Wyoming 82003
(307) 777-4900
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PROFILES
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Agency Roles
88
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
Emergency planning: Wyoming Emergency Management Agency
(WEMA)
Right-to-know: WEMA
Recipient of Section 313 data: WEMA
Approximately $6,000 in general funds was spent on planning and
right-to-know activities in fiscal 1992.
The state legislature appropriated $6,000 per year to the SERC
(fiscal 1992) to cover administrative costs.
The state anticipates that it will cost about $6,000 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 at least every three years on a rotating cycle
as part of a total plan review.
Several LEPCs adopted resolutions to assess fees for document
reproduction costs when information is requested.
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."
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;
Medical doctor;
Fire warden/county coroner;
Firefighter/state legislator;
Reporter, K2 television station;
Representative, Coastal Chem., Inc.;
Representatives from major oil companies; and
A citizen.
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