Environmental Pi-erection
;( Sc-;c
and Emergency Resccnsa
(OS-120)
OSWE.=-JC-:
6. NO.
AEPA Successful Practices in
Title III Implementation
Chemical Emergency
Preparedness and Prevention
Technical Assistance Bulletin
New York, New York
El Paso County, Colorado
Alexandria, Virginia
State of Maine
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ABOUT THIS BULLETIN
This is another in a series of bulletins EPA is issuing to provide
examples of implementation programs and strategies of the Emergency
Planning and Community Right-to-Know Act of 1986, known as Tide m.
that are innovative or have proven effective. The purpose of these
bulletins is to share information on successful practices with Local
Emergency Planning Committees fLEPCs), State Emergency Response
Commissions i SERCs), fire departments, and other Tide HI implementing
agencies throughout the country in the hope that such information will
prove useful to other SERCs and LEPCs as their programs develop and
evolve.
Elements from the programs featured here may be transferable :o
other programs in similar communities or with similar situations. The
bulletins provide information on a variery of practices — for example,
planning, compliance, information management, hazard analysis, and
outreach. The particular topics covered in each LEPC or SERC profile are
listed at the upper right hand comer of the first page of the profile for easy
reference.
The descriptions of the innovative and effective implementation
programs and strategies are not exhaustive. They are meant to provide
readers with enough information to determine if a particular approach is
applicable to their own situation. Each profile includes a contact person
who can provide more detailed information.
If you know of Title in implementation efforts that you feel would
be of interest to others, please contact your EPA Regional Chemical
Emergency Preparedness and Prevention coordinator (see list on the last
page) or the Emergency Planning and Community Right-to-Know
Information Hotline at 1-800-535-0202, or, in Washington, DC,
479-2449.
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Information Management
Planning
Compliance
Outreach
NEW YORK, NEW YORK
LEPC: 25 members, including city law enforcement, fire, transit.
environmental, general services, health, and education
officials, and representatives from the mayor's office. State
assembly. Red Cross, community groups, business and
industry, media, and State agencies. The chairman is a
representative of the mayor's office.
Population: 7,500,000
Facilities: Over 9,000. ranging from large manufacturing operations :o
gas stations and metal fabrication shops
The New York City LEPC is faced with one of the largest and most
complex emergency planning assignments of any LEPC in the country. The
jurisdiction's enormous population and area combined with thousands of
potentially regulated facilities presents an extraordinary challenge to the
effective management of the Title HI mandate.
The LEPC is chaired by a representative from the Mayor's Office.
and has an Emergency Coordinator (from the Police Department's Office of
Emergency Management) and an Information Coordinator (the Deputy
Commissioner of the New York City Department of Environmental
Protection (DEP)). The New York City Community Right-to-Know (CRTK)
Law (Local Law #26 of 1988) provides the DEP with supplementary
information on approximately 3000 hazardous materials used, stored,
manufactured, or processed by facilities. In addition, the CRTK law expands
DEP's enforcement and inspection authority, effectively making DEP the
lead agency for New York City Title DI efforts.
LEPC ACTIVITIES
Information Management Facilities provided the LEPC with either
a facility inventory (Tier II) form, or a "Statement of Retraction" indicating
their exemption from Title m reporting requirements. The LEPC reviews the
reporting forms for accuracy, completeness, and trade secret claims, and then
requests supplemental information in the event of incomplete submissions.
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For facilities with extremely hazardous substances fEHSs) present
on-site above specified threshold planning quannnes, DEP requires facilities
:o provide specific chemical and storage information. The information
obtained ts entered into CAMEO, a computer software package, for DEP's
nsk assessment and inspection programs. CAMEO (Computer-Aided
Management of Emergency Operations) is a Macintosh-based software
package designed by NOAA in collaboraoon with EPA to assist emergency
planners and first responders with Title fll activities and is used for planning,
response, and enforcement purposes.
Three IBM-compatible personal computers are used to enter the
information into the city facility-inventory database, which is designed for
both emergency response and CRTK activities. Because the DEP system is
otherwise an IBM-compatible system, a Macintosh-IBM convener is
necessary to transfer information.
A Right-to-Know software minisystern. which will simplify the
database structure and improve the speed and efficiency of information
exchange with other agencies, is being developed. A system of portable
laptop computers will expand the availability of the minisystern and assist
response personnel at accident sites in accessing emergency information
through modems and cellular phone hook-ups.
The LEPC uses chemical information for the whole range of Title HI
purposes. Citizen requests for Title 01 information must be met within ten
business days, although the average turn-around on requests is three business
days. The information can be delivered in various formats (photocopies,
computer printout, etc.). Facility-inventory information and MSDSs are
currently downloaded monthly onto the fire and police department computers
from the city facility-inventory database. This practice, which updates these
departments'existing files, will be unnecessary after the Tide m minisystem
is put into operation.
In addition, the LEPC uses facility submissions under Title m
sections 302-3,304. and 311-12 to coordinate compliance inspections and
emergency incident response by identifying facilities not in compliance.
Upon request, the LEPC has also provided a local hospital with information
on neighboring facilities and their chemical inventories to assist in patient
treatment
Planning. The chemical accident planning required under Title HI
has been incorporated into an existing generic emergency planning system
established by New York City for large-scale emergencies such as severe
weather, utility fatees, fire*,civil disorder, and epidemics. Rather than
addressing specific operaooas for individual incidents, the emergency plan
defines the specific roles of the various city, State, Federal and private
organizations involved in emergency response, and the procedures for
activation of the established levels of response operations. The emergency
plan stresses the importance of flexibility and adaptability in meeting the
mobilization and communication needs of incident response in New York
City.
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The city emergency plan places preparedness responsibility for large •
scale incidents with the Emergency Control Board (ECB) consisting of
representatives of municipal agencies and various organizations. ECB
activities are administered by the Police Depanment's Office of Emergency
Management (OEM), which develops incident response procedures in addi-
tion to providing guidance and training for response personnel. A
computerized ciry resource directory and a comprehensive directory of city
officials are updated regularly to assist in the coordination of response
activity.
An emergency management center staffed by senior city officials
controls response operations for major emergencies, and is supported by the
Emergency Coordinating Section (ECS) of middle managers who directly
supervise the response. In addition, a Press Information Unit accumulates
information and prepares press releases, and a Public Inquiry Unit may also
be activated to respond to telephone requests on a hotline number. At the
close of an incident, the ECS prepares an evaluation report to assist in any
revision of the emergency plan.
As pan of the city's hazardous materials planning, facility inspections
are conducted to identify and plan for chemical hazards. The priorities for
facility inspections are based on the hazards analysis results from the use of
CAMEO's vulnerability/risk screening function. Facilities reporting EHSs
are contacted for additional information, which is then entered into CAMEO
to calculate the potentially affected geographic areas.
Over 100 facilities with high-risk, large vulnerability zones situated in
densely populated residential areas have been inspected. The inspectors
findings and recommendations focus on improving the facilities' safety
practices, including its management practices, spill and leak prevention.
release containment, labeling, detection devices, safety and emergency
equipment, employee training, and emergency contingency plans were issued
to the facility. The follow-up activities to these inspections include referrals
to other regulatory agencies for possible violations, including improper waste
disposal, permits, and registration. Eventually, OEP plans to work with these
facilities in reducing potential accident risks involving EHSs and other
hazardous substances.
Compliance. The LEPC has received permission from the SERC to
allow facilities to report information for both the ciry and Federal laws on the
New York City Facility Information Form. They have received over 300
facility inventory forms, over 7,000 MSDSs, and approximately 150 site
plans from 3,000 toad facilities aloof with an estimated 3,300 Statements of
Retraction this year. In addition, the fixe department provides data to the
LEPC on the presence of fossil fuels, peooleumprpducts, and combustible or
flammable chemicals or materials at almost 10,000 additional facilities.
These facilities have been issued permits for the use of hazardous chemicals
under the ciry fire code.
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A list of the importable hazardous chemicals under the city's CRTK
law. adopted from New Jersey Community and Worker Right-to^Know Act.
is alphabetized by common name and synonyms, and includes Chemical
Abstract Service (CAS) numbers in an effort to simplify chemical
identification. It remains difficult to judge actual overall facility compliance
.is a result of the considerable ownership turn-over and bankruptcy among
smaller facilities.
Outreach. The LEPC has identified facilities subject to CRTK
reporting requirements from a number of different sources, including the
DEP Bureau of Wastewater Treatment's facility discharge permit database:
the section 302 facility database developed and maintained by the SERC to
track facilities with EHSs; universities, libraries, and schools; other
municipal agencies; trade associations: and communications with community
groups and individual citizens. The LEPC also used facility information
from the New York City Office of Business Development and Department of
Finance, as well as other agencies such as the NY State Department of Labor
database in outreach and compliance efforts.
To reinforce these existing outreach efforts, the LEPC has identified
more than one hundred trade associations whose members may be subject to
CRTK regulations. The LEPC has worked with two of these trade
associations (the New York Sanitary Suppliers and the Association of
Graphic Arts) to develop mailings and presentations on CRTK issues and has
also offered compliance workshops for numerous municipal agencies. The
LEPC has found that these presentations and workshops have resulted in
significant numbers of facility submissions.
A citizen outreach bulletin on the city and Federal CRTK laws has
been developed and will be distributed to neighborhood groups including
community boards and public libraries. Similar information will also be
distributed in pamphlets accompanying utility and water bills. A business
outreach brochure on city CRTK reporting requirements has been mailed to
8.000 facilities identified by the SERC and approximately 3,000 more were
mailed to facilities complying under Title m. Outreach materials (the
business brochure, and compliance forms and instructions) are also available
from facility inspection personnel.
LESSONS LEARNED
Siat Skorid Not Bt an Impediment to Success. While it might
appear that the task (seine ue New York City LEPC was extraordinary, the
city's greatest challenge involves coordinating, rather than developing, the
necessary resources. City officials believe the emergency plan for New York
City serves as a flexible document that provides a comprehensive response
strategy for the thousands of potentially serious incidents that could occur.
The plan establishes an integrated structure of responsibilities and
communication. The consolidation of facility identification information from
various municipal agencies in the targeting of outreach efforts also
strengthens this integrated approach.
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Data Management is a Key to Large-Scale Efforts. Continual
upgrading of the New York City LEPC data management system is esser.cai
to the success of the city's Title III efforts. The availability of CAMEO boch
simplifies and supports emergency planning, response, and inspection
activities. The complexity of the facility inventory database — which has
separate sections for general facility information, CRTK requests, Mater.ai
Safety Data Sheets, outreach efforts, toxicological data, fire department
permits, and Statements of Retraction — has convinced the LEPC to
integrate these parts directly into a Tide III minisystem easily available :o
local responders.
Contact: Mini Barer, Deputy Commissioner
NYOLEPC Information Coordinator
NYC Department of Environmental Protection
2420 Municipal Building
New York. New York 10007
(212) 669-7698
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Planning
Information Management
Training
Outreach
Use of Section 313 Data
EL PASO COUNTY, COLORADO
LEPC: 23 members, including elected officials and representatives
of the county attorney's office, emergency management
agency, fire departments, police, hospitals. American Red
Cross, League of Women Voters, and the Sierra Club.
Population: 90,000 (excluding the population of the Cry of Colorado
Springs)
Facilities: 40-50, including aerospace and electronics manufacturers and
metal fabricators.
El Paso County is located along the Front Range of the Rocky Moun-
tains, south of D«nver. The county's terrain varies from semiarid to alpine
mountain forests. The city of Colorado Springs, which is the largest urban
area in the county, has formed its own LEPC. The county LEPC handles Title
in planning within the other parts of the county and coordinates closely with
the Colorado Springs LEPC.
LEPC ACTIVITIES
Planning. The LEPC developed its Tide III emergency plan as a
hazardous materials annex to the county's multi-hazard disaster response plan.
To maintain consistency, the multi-hazard county emergency response plan
was used as a broad framework to develop the Tide HI plan. The sheriff's
office was designated as the community emergency coordinator for the Title
m plan to be consistent with its role as the designated emergency response
agency as mandated by county resolution.
As a way of focusing their planning efforts, the LEPC surveyed each
potential reporting facility. If a faculty was determined to be subject to the
Tide m planning requirements, a standardized facility profile was completed.
The profile includes facility information such as contacts, types of chemicals
handled, on-site safety equipment, and other internal resources for responding
to chemical emergencies. The fire department and LEPC assisted facilities in
completing their profiles.
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The LEPC used these profiles and information from other sources,
including the regional Council of Governments and the State Highway
Department (for transportation data), to develop a county-wide hazards
Analysis. Based on this analysis, the county was able to develop a draft plan.
receive State comments, make revisions, and complete the final plan well
before the October 1988 deadline.
To aid future Title in planning, the LEPC developed a questionnaire
for facilities, especially new businesses, to determine if they may be covered
under Title III. Based on the questionnaire results, if a facility appears likely
to be covered by Tide HI. a more detailed survey and the facility profile form
is sent to the facility for the owner or operator to complete. If appropriate,
LEPC representatives will meet with the owner or operator of the newly
identified facility to review the facility profile, identify the facility
coordinator, and explain the facility's responsibilities and requirements in the
planning process.
Information Management The LEPC recognized that computer
capability was vital to effective managing of their planning process and all
the Title HI information. Specifically, the LEPC wanted to develop a
computerized information management system that was affordable for the
emergency response agencies in the county.
The Computer Aided Management of Emergency Operations
(CAMEO), a planning and response management program, and dBASE IV
software, an information management program, were chosen as appropriate
tools to be used by the LEPC as a start CAMEO, which runs on a
Macintosh computer, is used by the county for response and planning
purposes. CAMEO is used by itself to provide quick information on
chemical hazards and help formulate response decisions by providing hazards
analyses for the chemicals.
The dBASE IV program allows the LEPC to store all the Title ffl
information, including the facility profiles. The database also can cross-
reference MSDSs to obtain supplementary information — for example, if a
coordinator for a facility where a response action is occurring is unavailable,
the emergency responders can access the database by modem to identify
other facilities that use the same chemical and attempt to contact those
facility coordinators for more information. Additional software was acquired
that allows emergency responden at an incident to access Title ffl
information through a cellular phone modem.
The LEPC also developed procedures to relay Title HI information
via computer to response sites using "packet" radio. A relatively new
concept in communications, packet radio allows a computer to be connected
to a high frequency radio (e.g., police radio) via a device called a radio
modem that relays dan to a receiving computer that also has a radio modem.
The term "packet" is used because the information is transmitted via the
radio modem in small packets of data (seven to eight words or figures) to a
receiving computer, which must return a message that the information was
received correctly before the next packet is sent Because the information is
transmitted in these small "packets" and there is down-time between each
packet, one frequency can be used by five or six computer stations at one
time. This is important in an emergency when many.frequencies are in use.
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The LEPC believes this communications system is an invaluable tool
in response actions, especially at very remote sues. It allows the LEPC to
transmit Tide Ell information or other emergency information to response
sues where conventional communication systems are non-existent.
malfunctioning, or destroyed. In addition, the costs of establishing such a
system are very small when compared with other, more elaborate
communication systems. It relies mostly on existing hardware — police and
tire radios, personal computers and existing short wave radios, run by a
network of HAM.radio operators more than willing to volunteer in any
emergency situation.
Training. The LEPC acts as a coordinating body for all hazardous
materials training for responders in the county. The LEPC believes it should
be a focal point for information on the training requirements under section
126 of SARA for local emergency responders. Section 126 establishes
minimum levels of training for any private or public employee involved in
hazardous materials response actions or hazardous waste clean-up operations.
The LEPC disseminates information on these requirements and identifies
how to obtain the proper training. Moreover, the LEPC will provide this
information service to industries that may be covered by the requirements as
well.
Local industry, especially the railroads, has provided the LEPC with
access to hazardous materials training. With a major transportation corridor
cutting across the county, transportation incidents are a major concern. Every
year, the railroad brings a special hazardous materials training team to help
train first responders, especially those from the rural fire districts. The train-
ing is free and includes classroom and "in the field" sessions focusing on
transportation-related response situations.
Outreach. The LEPC uses various means to achieve public aware-
ness of Title m requirements and information. Flyers were disseminated
through trade associations; library displays were developed; inserts
accompanied utility bills and fire permit applications; and the education
channel on the local cable television system was used to broadcast
information concerning Tide m requirements.
The LEPC believes reaching its community's youth can be an effec-
tive way to inform parents and the children, themselves, of the presence of
chemical hazards and how to be prepared as citizens if an accident were to
occur. To reach the primary school level with information on chemical
hazards and Title IH planning efforts, the LEPC developed library displays
for the school library system. All school faculties were provided with a
package of information on Title 01 and surveyed to determine if any classes
or extracurricular groups would be interested in receiving a "Chemicals in
Your Communiry_presentation, which is based on the EPA informational
brochure on Tide QL The LEPC is expanding this presentation beyond Tide
m to capture the interest of students in grades 1-6. Flyers, contest materials.
and award programs are being designed to address topics of environmental
safety and pollution and to attract the interest of these younger students.
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Use of Section 313 Data. In addition to helping provide workshops
on the section 313 requirements for reporting annual releases of toxic
chenucals to facilities in the county, the LEPC has been acave in evaluating
the accessibility of the section 313 data. In June and July 1989. the LEPC
was one of a handful of LEPCs in the country to participate in the tesang of
the national computer database containing information on releases and o'ther
data reported under section 313 prior to its release to the public.
The LEPC role in this study was to test the accessibility of the
database and evaluate the user-friendliness of the menus. Problems were
identified in the time taken to conduct information runs. Because the
database users are charged for the dme they are on the database, the LEPC
believed EPA should institute program changes to reduce that time. The
LEPC found the menus designed to help citizens use the database to be good'
tools in educating the public on the section 313 data benefits and limitations.
EPA and the National Library of Medicine, which maintains the database for
EPA, also received input from the LEPC on the types of information that the
public would want from the database.
LESSONS LEARNED
Public Education is an Ongoing Challenge. The LEPC believes its
role in educating the public, especially small businesses, is a condnuous one.
There are new businesses starring all the dme and they are probably unaware
of Tide in and its requirements. Because of this situation, the LEPC must
continually provide die basic Title in information while providing more
detailed information on Tide QI and reducing chemical hazards in the
community to the other, more informed facilities.
Another public education challenge concerns reaching facilities which
are aware of Title HI but are still not complying with the law's requirements.
With the cost of doing business always increasing, many of these facilities
are looking to keep expenses down and perceive Title in as a economic
burden. It takes considerable motivation and energy to persuade these
facilities to comply and, if appropriate, be involved in the planning process.
Motivated LEPC Members Are Critical To Success. Because the
lack of funding is common among most LEPCs, the quality and commitment
of LEPC members is crucial. Having LEPC members dedicated and
possessing the proper background and credentials is the essential difference
oerween a LEPC that fulfills the spirit of Title m and a LEPC that follows
only the letter of the law. Integral to the success of a LEPC is keeping its
members, virtually all of whom are volunteers, motivated. This is a
continuous process, including regularly scheduling and holding monthly
meetings, continual plan review and revision, and, if necessary, broadening
the role of LEPC to meet the capabilities and commitment of its membership.
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One-on-One Relationships Foster Better Cooperation. LEPC
members believe they have established a successful planning process because
of the personal relationships developed with the facility coordinators in :heL-
community. By conducting interviews with each reporting facility's
coordinator, the El Paso County LEPC has been able to establish these ore-
on-one relationships. Each facility coordinator is able to better understand
the facility's requirements and responsibilities under Title III. and the LEPC
is able to obtain better cooperation from the facility's owner or operator -A
obtaining detailed planning information. -
Contact: Frank Luciani, Manager
El Paso County Disaster Services
P.O. Box 1575
Colorado Springs, CO 80901
(719)632-1180
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ALEXANDRIA
Planning
Inter-County Coordination
Compliance
Training
ALEXANDRIA, VIRGINIA
LEPC: 10 members, including city councilmen and representatives
of the police and fire departments, cmzens. the media.
industry, and railroads
Population: 108,000
Facilities: 7 reported for section 302, including public utilities, a waste
to energy facility, a dairy operation, and the Coca-Cola
Bottling Company.
Alexandria, a primarily residential community, is located just south of
Washington, DC. It does not have any heavy industry but does have several
major transportation corridors, including the Potomac Yard, a 540-acre
railroad classification and marshalling yard operated by five major railroad
systems.
The first true test of the LEPC's Title in emergency response plan.
however, occurred not because of the railroads but because of a release of
1,425 pounds of chlorine from the Alexandria Sanitation Authority's water
treatment plant. The incident occurred on August 24.1989, when a six-inch
section of 1.5" plastic pipe ruptured and a mechanical safety pressure valve
simultaneously malfunctioned at the facility. The police closed down two
major highways and evacuated three blocks of an adjacent residential area.
The quick decision to evacuate was based on the LEPC's use of information
obtained through a hazards analysis of the facility completed earlier during
the Title ID planning process. The Tide 01 planning process helped to ensure
a coordinated, timely response to this incident
LEPC ACTIVITIES
Planning. The chlorine release demonstrated to the LEPC that its
planning process was necessary and effective. A vital ingredient of that
process was the identification and documentation of hazards within the
community, including a special emphasis on transportation hazards. The fire
department is required to develop a hazards analysis and a 'Title HI Facility
Data Sheet" for each extremely hazardous substance (EHS) present at a
facility that reported under section 302.
The hazards analysis identifies the hazards of the EHS and the
probability and type of release that could occur at the facility. A description
of the wont case scenario is also included in the hazards analysis. For
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example, the hazards analysis for the Alexandria Sanitation Authority facility
identified a worst-case scenario of a total release of 28.000 pounds of
chlonne from a rupture of all cylinders present at the facility, but aJso
acknowledged that, a more likely release would involve only one cylinder. A
release quantity that would pose a high level of concern was identified and a
•• uinerabiiity zone determined using the Technical Guidance for Hazards
Analysis developed by EPA, the Federal Emergency Management Agency
' FEN LA). and the Department of Transportation (DOT).
The fire department prepares a "Title ni Facility Data Sheet" to
furnish the LEPC with basic information on reporting facilities' uses of an
EHS. The form provides information on the likely transportation routes the
EHSs would use within the city. Other required information includes
identifying additional facilities at nsk (e.g.. hospitals, nursing homes, and
hotels), methods of detecting releases, employee training programs,
evacuation procedures, and a list of emergency response equipment and
personnel available from each facility.
As pan of the LEPC's emphasis on transportation, many of
Alexandria's planning efforts have focused on the Potomac Yard. This
railroad facility has been very cooperative and has developed a computerized
cracking system that allows them to identify which hazardous substances are
in each rail car. This system has proved useful in response situations,
enabling emergency re spenders to identify, in advance, the hazards they are
responding to as well as identifying potential hazards in other nearby rail
cars. This tracking system has been tested by local responders in exercises
conducted at the railroad yard.
Although Potomac Yard is in the process of downsizing railroad
operations, Alexandria's other major transportation corridors, specifically
highway routes, pose additional concerns to the LEPC. To address these
concerns, LEPC representatives serve on a multi-jurisdicrional task force on
hazardous materials transportation. This task force is exploring means of
reducing the transportation of hazardous materials and the likelihood of
hazardous materials accidents. The task force is also developing incident
response procedures for multi-jurisdictional responses.
Inter-County Coordination. As a suburban community sharing
many transportation corridors with other cities and counties, Alexandria has
recognized the need for multi-jurisdictional cooperation in developing its
emergency plan. The city has developed mutual aid agreements with Fairfax
and Arlington counties. Personnel and equipment of one jurisdiction may be
dispatched into another jurisdiction as needed and requested by that
jurisdiction; for instance, the Virginia State Police responded to the chlorine
release at the Sanitation Authority to assist in closing a nearby major
interstate highway.
The city's dispatcher, who also serves as the city's emergency
notification recipient, has a listing of equipment and personnel from other
jurisdictions that can be made available for a response in the city. The city.
as a member of the Metropolitan Washington Council of Governments, has
also entered into a regional emergency response planning effort to further
coordinate multi-jurisdictional response within the Washington, DC area.
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The Alexandria LEPC appreciates the value of maintaining liaison
with adjacent LEPCs as well as awareness of its facilities and other related
activities. The chairman and other LEPC members have attended meenngs
of LEPCs in both the District of Columbia and Faufax County.
Compliance. The LEPC has actively pursued obtaining compliar.ee
from potential reporting facilities. A comprehensive document. What
Alexandria Businesses Should Know About SARA Title HI. was developed
to explain Tide III requirements and the role of the LEPC. This document
was distributed to businesses that have been issued a hazardous materials use
permit (see next paragraph). The Alexandria Chamber of Commerce also
helped the LEPC create an exhibit to use at local business conventions.
A city ordinance requires all commercial businesses that store, use, or
handle hazardous substances to obtain a hazardous materials use permi: from
the fire department. As pan of the review and approval process, the fue
department conducts a facility inspection. This fire prevention inspection
verifies the types and quantities of the hazardous chemicals stored, used, or
handled at the facility. The inspectors also verify that pressure valves and
other safety equipment are laboratory-rated and calibrated and that personnel
operating such equipment are properly certified. Underground storage tanks
are checked to ensure they are located at the proper depth and meet specific
Federal tank standards. In addition, facilities that file for a hazardous
materials use permit are sent a Title HI information package.
The LEPC assigned the fire department the responsibility of
conducting inspections to identify those facilities subject to Title 01 that have
not yet reported. The fire department targets businesses that have not
reported under Title 01 but, based on fire department personnel's Icnowledee
and experience, are thought to handle hazardous chemicals. Failure to
comply with Tide ffl may prevent a facility from receiving a hazardous
materials use permit and, therefore, from operating. Using this permitting
process, the city believes it has achieved almost total compliance with Tide
m.
Training. To increase the level of hazardous material awareness and
planning expertise of LEPC members, LEPC members have been encouraged
to take the week-long Hazardous Materials Contingency Planning course
developed by EPA, FEMA, and DOT. This course provides guidance on
developing an effective planning process and contains Title in-specific
modules.
A three-day training course, underwritten by EPA Region HI. has
been offered for first responders as well as LEPC members. The course was
held over a weekend to allow volunteers to attend more readily. The first rwo
days of the course were classroom instruction on Tide in requirements and
first responders' duties and responsibilities. The third day was devoted to a
field exercise to test their skills in a JJMMII«»*H situation. A truck was used in
simulating a transportation accident In addition to police, sheriffs, fire
department personnel, and LEPC members attending this training, facility
representatives were invited. Five out of the seven facility representatives
attended this course along with their emergency response personnel.
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The facilities in the city conduct or coordinate their mining exercises
with the LEPC. The. Alexandria Sanitation Authority had, for example,
exercised its plans with the city and neighboring Fairfax County pnor to the
accident. Joint training with Potomac Yard is conducted regularly.
To gain a better understanding of its mission within the city, the
LEPC has held its meetings, from time to time, at facilities subject to Tide in
reporting, including Potomac Yard, Ogden Martin Systems, and Potomac
Electnc Power Company. The LEPC was given a briefing of the facility's
operation and a tour of the facility by each of its hosts. This liaison keeps
LEPC members abreast of activities, capabilities, and areas for improvement
at each of these facilities. Recently, an LEPC meeting was held in the offices
of the Chemical Transportation Emergency Center (CHEMTREC), operated
by the Chemical Manufacturers Association in Washington. DC.
LESSON LEARNED
Training and Preparedness are the Keys to Response. The
incident at the Alexandria Sanitation Authority demonstrated the value of the
joint hazardous materials training that the LEPC and the Sanitation Authority
personnel have received. It also helped ensure that all responders knew how
to approach the incident and work together effectively. Regular exercises of
emergency procedures, such as have been conducted at the Sanitation
Authority facility and the Potomac Yard, are vital to the effectiveness of the
LEPC's planning process.
The city was prepared for this incident through the comprehensive
planning process established under Tide IH Critical time was saved by
accessing the hazards analysis and data sheet prepared for this facility to
determine what response action to undertake. By having this information
available, informed decisions could be made rapidly and knowledgeably. By
being prepared and trained, the LEPC was able to effectively identify the
hazard, secure the site, and mitigate the release.
Contact: Chief Jack Beam, LEPC Chairman
Alexandria Fire Department
900 Second Street
Alexandria, VA 22314
(703) 838-4600
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State Right-to- Know Law
Funding
International Coordination
Training
STATE OF MAINE
State Characteristics: 16 LEPCs, designated by county
SERC Membership: 14 members, including the Commissioners of
Environmental Protection. Human Services.
and Labor, the directors of Emergency Medical
Services and Emergency Management
Agency (who serves as the chair); the Chief of
theState Police; and representatives of the
Maine Fire Chiefs' Association, municipal
government, a professional firefighters union,
volunteer firefighters, organized labor, and an
environmental organization.
The State of Maine provides an excellent example of states that are
incorporating the Tide in provisions into state law and strengthening the
requirements to fulfill the spirit of the Federal law. In addition, Maine has
considered the funding issue and has establish a elaborate fee system to fund
the program and designated a state agency to provide administrative support
directly to the State Emergency Response Commission.
SERC ACTIVITIES
State Right-to-Know Law Strengthens Title HI Requirements.
On June 26,1989, the Governor of Maine signed into law legislation. "An
Act to Implement, Administer, and Enforce the United States Emergency
Planning and Community Right-to-Know Act of 1986." This law (PL 464)
formalized the establishment of the SERC and LEPC structure. While
containing the basic reporting elements of Tide m, this State legislation
expands the planning requirements well beyond the scope of the Federal
provisions.
Under the new state statute, the Maine SERC:has the added
responsibilities of monitoring, participating, and reviewing LEPC exercises;
coordinating Title HI activities with the Maine Emergency Operations
Center, and reviewing hazardous materials mining courses offered
throughout the State. PL 464 also directed the LEPCs to identify facilities
that reported under section 313 for additional planning; annually review and
exercise their emergency plan; and incorporate facility plans into their
planning efforts. Membership in the SERC and LEPCs was mandated to
include broad-based participation of public- and private-sector groups and
citizens.
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The scope of the Tide HI planning requirements for facilities with an
extremely hazardous substance CEHS) exceeding the threshold planning
quantity was greatly expanded by PL 464. Primarily. PL 464 requires these
r'-i.-'.iities to develop a comprehensive emergency plan by December 26. 1989,
:-.at must be annually exercised and reviewed. Each facility plan must
identify and describe the facility's warning systems; identify transportation
means and routes for EHSs; describe their employee training and testing
programs; list companies that provide emergency response equipment and
personnel to the facility in case of an accident: and list all mutual aid
agreements between the facility and emergency responders or public safety
agencies.
By October 1. 1989, these facilities must also have made primary
response equipment available for use by emergency responders for contain-
ment of EHS releases. If not already available, this equipment must be
purchased by the facility or made readily available through agreements with
nearby facilities. In addition, any facility that provides personnel or
equipment through mutual aid agreements with State or local entities is now
immune from civil liability under Maine law for the use of its equipment and
personnel except for cases of gross negligence.
On March 1, 1990, state legislation was enacted (PL 638) that
expanded the definition of facility to specifically include transit facilities
such as railroad and marine terminals. Any materials stored for more than 12
hours at these facilities would be subject to all applicable regulations under
PL 464. In addition, PL 638 provided the state with the authority to conduct
inspections of facilities to insure compliance. In the event of an accident, the
state may investigate and inspect facilities to determine the cause and
circumstances of the incident The state can order a facility to undertake any
appropriate reporting, facility response mitigation and corrective actions as
deemed necessary.
The state is also considering developing a Hazardous Materials
Administrative Inspection Team, composed of representatives of state
environmental, emergency management, and transportation agencies. This
inspection team would focus on facilities subject to PL 464. PL 638 requires
the development of a checklist to facilitate the inspection which will be
primarily a compliance audit
Funding. Another provision of Maine's law is the establishment of a
system for •fmtfr't and collecting fees from facilities reporting under
sections 312 and 313 ofTitle 01. In addition, the SERC collects an annual
facility registration fee from all facilities that have submitted any information
under sections 311 and 312 to the SERC or have rued a Form R under
section 313 with the State and EPA.
The fees assessed for facilities reporting under section 312 are
determined based on the avenge daily amount in pounds of ejcji EHS and
hazardous chemical present on-site, while the fees assessed for reporting
under section 313 are based the total releases of each toxic chemical. All
fees are due annually.
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The following fee schedules have been established by the SERC:
• Annual facility registration fee, $50, due October 1 su
Annual inventory fees (section 312), due March 1st:
Extremely Hazardous Substance Fees
Tct&J Average dailv amo.un.IS o.f;
less than 99 Ibs.
100 - 999 Ibs.
1,000 -9,999 Ibs.
10.000 - 99.999 Ibs.
100.000 - 999.999 Ibs.
greater than 1.000.000 Ibs.
Fee:
$20
$50
$70
S100
$150
$200
Hazardous Chemical Fees
Total averagg dailv amounts of!
less than 10,000 Ibs.
10,000 - 99.999 Ibs.
100,000-999,999 Ibs.
greater than 1,000,000 Ibs.
ESSL
$ 0
$50
$75
$100
Annual toxic release inventory fees (section 313), due July 1st:
Toxic Release Fees
Total release of;
Olbs.
1-499 Ibs.
500 - 999 Ibs.
1,000 -9,999 Ibs.
10,000-99.999 lb«.
100.000-999.999 lot.
greater than 1,000,000 Ibs.
$ o
$20
$50
$70
$100
$150
$200
A $5,000 fee cap per facility has been established. Retail marketers of
petroleum products with a storage capacity of 75,000 pounds or less per
product (e.g., gas stations) and commercial agricultural operations (e.g..
fanners) are exempt from paying reporting fees.
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All fees collected wall be placed in the Emergency Response
Commission Fund. Because fees have been collected for the first year, the
SERC would like to provide the LEPCs these funds based on a priority
basis (i.e.. identified needs or hazards) rather than dividing them evenly
among Maine's 16 LEPCs. This pnoritizanon process will direct fund's to
LEPCs based on a number of factors, including the number of facilities.
the amount of EHSs. and the potentially affected populations within each
county.
The remaining funds collected in the Emergency Response
Commission Fund will be disbursed to: employ additional staff at the
Maine Emergency Management Agency (MEMA). which provides
administrative support to the SERC; fund county training programs; and
provide training grants to State and local emergency response personnel.
The SERC has hired a full-time hazardous materials planner whose time
will be dedicated to assisting LEPCs in their planning efforts and to
integrate the LEPC plans with the overall State emergency plan.
International Coordination. Maine meets annually with
representatives from five Canadian provinces to discuss issues of common
concern. For more than a year, this International Emergency Management
Group has been focusing on hazardous materials issues. A steering
committee, which meets every six months, identified six cities on the
border that have industries handling hazardous materials. One town has a
paper company with facilities on both sides of the border.
Two committees were recently formed to address the hazardous
materials issues for these six towns. The committees will focus on
planning and implementation and are composed of representatives of
provincial and Federal Canadian emergency management ministries,
MEMA, and local Canadian and American emergency management
officials.
Training. With section 305(a) training grant funds, the SERC has
hired trainers to teach a four-hour hazards recognition course. Using a
"train-the-trainer" technique instructing people on how to train others, the
SERC has now trained more than 9,000 emergency responders. In
addition, the SERC, through the local Chambers of Commerce, has
provided its LEPCs and industry a short two-hour course on the Tide in
requirements.
At present, the SERC is preparing to hold five workshops on the
training requirements of section 126 of Superfund Amendments and
Reauthorizarion Act far local emergency responders. Section 126
establishes tnjfiimnm levels of training for any private* or public-sector
employee involved in hazardous materials response actions or hazardous
waste clean-up operations. As pan of the workshop, the SERC will
identify participants' individual training needs and the level of training
required to meet their needs.
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LESSONS LEARNED
Consensus is the Key to Developing Legislation. The passage of
Maine's emergency planning and community nght-to-itnow law was
accomplished through the development of a consensus among ±c var.ous
groups interesred in increasing public awareness of, and planning for,.
chemical hazard's. The various interest groups involved in this cooperac'-e
effort included State agencies, industry, environmental and labor groups,
and the State Legislature.
While it was a long process with many compromises from all
interested parties, a law, which greatly strengthens the planning elements
of Title fJI, was passed with the approval of all interested parties. The
SERC believes that, through this consensus, the regulated community has
a better understanding of the law's purpose and its responsibilities. Also, a
more comprehensive planning process has been established that formally
incorporates the expertise and resources of the facilities into the planning
effort of each county in the State.
Conduct Thorough Research Before Establishing Fees. The
Maine SERC believes its fee system established fees that may be
conservative and which may lead to the underfunding of its SERC and
LEPC activities. Because many facilities subject to reporting in Maine do
not handle large quantities of hazardous chemicals, most facilities are not
paying anywhere near the $5,000 fee cap. The SERC realizes the fee
assessed per chemical needs to be raised to reflect the fact that most
facilities subject to the state law do not handle large quantities of
hazardous chemicals.
The Maine SERC believes it is essential that any SERC
considering a fee system should research the number of facilities subject to
reporting, the number of hazardous chemicals handled at each facility, the
maximum quantities of hazardous chemicals present at one time. This
should be compared with the needs of the SERC to administer its Title III
program along with the needs of its LEPCs. Hence, a SERC should
balance its needs with the scope of the subject facilities to establish a fee
system that is reasonable for the facilities while assuring adequate funds to
meet the needs of the SERC and its LEPCs.
Contact: David 0. Brown. Director
Maine Emergency Management Agency
State Office Building
State House Station 72
Augusta, ME 04333
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REGIONAL CHEMICAL EMERGENCY
PREPAREDNESS AND PREVENTION
COORDINATORS
R»y DiNardo
EPA • Region i
New England Regional Lib
60 Westview Street
Uumgton. MA 021*3
(617)860-1300
John UUhoefer
EPA • Region 2
Woodbhdgc Avenue
Edison. NJ 08837
(201)321-6620
Karen Brown
EPA • Region 3
84 IQiesmui Street
Philsjdelphi*. PA 19107
(215)597-1399
Henry Hudson
EPA • Region 4
345 Courtland Street. N"E
Atlaua.GA 30365
(404)347.3931
Mark Horwiu
EPA • Region 5
230 South Dearborn
Chicago. IL 60604
(312)886-1964
Jim Stave*
EPA • Region 6
Allied Bank Tower
1445 Rots Avenue
Dallas. TX 75202-2733
(214)655-2270
RonRioer
EPA-Region 7
726 Mimeieu Avenue
Kansas City. KS 66101
(913)236-2806
Cheryl Chnsler
EPA • Region 8
One Denver Place
999 18th Street. Suite !300
Denver. CO 80202-2413
i303)293-l-:3
Kathleen Shurunin
EPA - Region 9
1235 Million Street
San Francisco. CA 94103
(415)744-1450
Walt /aspen
EPA • Region 10
12006th Avenue
Seaale.WA 98101
(206)442^349
STATES BY REGION
4-AJabema
10-AloBki
9-ArizoM
6-Arlun«<
9-CUlifonia
8 -Colorado
1 -CaBMcaaa
3-Drinm
3-D.C
4-FtofcU
4-Onqu
9-rbvni
10-Uate
5-DliaM
5-Indi*JU
7-Io«t
1-Kttam
4-Knneky
6-Lo«Jii«u
1- Maine
3-M«rylend
1 * MttMChUHlU
5 • Mid&fvi
5-Monoou
4-MiniMippi
7-Miuouh
8-Manont
7-Nttraiu
9-Nev»dt
1 * New Htnptlm
2K1._. •
• new j«r>ey
6-NewMuieo
2 • New York
4-NonhC«oJiM
4-NonhOtJutt
5 -Ohio
6-OUthanu
10 -Oregon
3 • Pennsylvania
1 - Rhode Island
4 • South Cerolina
8 - South Dakota
4 -Tennessee
6 -Texas
8 -Utah
1- Vermont
3- Virjnii*
10 • WtshinfiDn
3-WestViniiiu
5 -Wisconsin
8- Wyoming
9 • American Satnoe
9-Outm
2.PuenoRieo
2 • Virgin Islands
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