National Survey of State
Emergency Response
Commissions (SERCs)
April 2023
Survey Analysis & Report
Office of Emergency Management
U.S. EPA
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U.S. EPA Office of Emergency Management
Table of Contents
Table of Exhibits iii
Abbreviations iv
Executive Summary 1
Key Findings 1
Introduction and Background 7
Survey Design 7
Data Collection 8
1. Analysis and Summary 9
1.1 SERC Organization, Operating Budget, Funding Resources, Priorities 9
1.1.1 By-Laws, Duties, Meetings 10
1.1.2 Communication Methods with LEPCs 12
1.1.3 Tribes, TERCs, Memorandum of Understanding, Tribal Representation in LEPC
Organization 13
1.1.4 Operating Budget and Funding Resources 14
1.1.5 SERC Challenges in Meeting Priorities 16
1.2 Implementation of Emergency Planning Notification Provisions (EPCRA Section 302)
19
1.2.1 Section 302 Program: Federal and State Requirements 20
1.2.2 Number of Facilities Subject to Emergency Planning (CY2020) 20
1.3 LEPC Information (Current Status, Active, Inactive, Non-Existence, Consolidation,
etc.) 22
1.3.1 Type of Resources Provided for LEPCs 26
1.3.2 State EPCRA Enforcement Program and Resource Assistance Requested from
EPA 27
1.4 State Procedures for Emergency Release Notification (EPCRA Section 304) and
Implementation of AWIA Requirements under Section 304 28
1.4.1 Emergency Release Notification Systems and Federal vs. State Programs 29
1.4.2 Amendments to EPCRA Section 304: AWIA Requirements & Implementations 1
1.5 Tier II Data Management Analysis & Summary 32
1.5.1 Federal vs. State Tier II Program and Number of Covered Facilities 32
1.5.2 Tier II Reporting Software used by States, One-Stop Filing, Tier II Filing Fee. 34
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1.5.3 AWIA Implementation - Providing Tier II Information to the Community Water
Systems 35
1.5.4 Outreach to Inform Facilities of Reporting Obligations 36
1.5.5 Processes to Identify New Facilities and Non-Filers 37
1.5.6 State Enforcement Program for Tier II Non-Filers 39
1.5.7 States' Challenges for Managing the Tier II Program 39
1.6 Procedures for Providing Access to the Public 40
1.6.1 Public Request Processing Fee & Funding and FTEs 41
2. States' Challenges and Other Concerns for Implementing EPCRA 43
2.1 States' Challenges in Implementing EPCRA 43
2.2 LEPCs' Challenges and How to Address Them 44
2.3 Additional Concerns and Comments Provided by States 45
3. Best Practices in Implementing EPCRA 47
3.1 States' Best Practices and Resources Provided for LEPCs 47
4. EPCRA Implementation Assistance for SERCs and LEPCs 51
5. Environmental Justice Screening 54
6. Conclusions 57
Resources 61
Emergency Planning (EPCRA 301-303) 63
MSDS / Tier II Reporting (EPCRA 311/312) 63
Release Notification (EPCRA 304/CERCLA 103) 63
Other EPCRA 63
Tier2 Submit & CAMEO 63
Appendices 64
Appendix A Survey Questions 65
Appendix B LEPC Maps 86
Appendix C AWIA Implementation Practices 89
Appendix D State Profiles 107
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Table of Exhibits
Exhibit ES-1. State's Challenges in Implementing EPCRA 2
Exhibit ES-2. Priorities Not Met Due to Lack of Funding 3
Exhibit ES-3. Active and Inactive LEPCs 4
Exhibit ES-4. Type of Emergency Response Plan for each LEPCs 5
Exhibit 1. Number of Meetings (Average) Held Annually by SERCs 11
Exhibit 2. Communication Methods Used by SERCs with LEPCs 12
Exhibit 3. Tribal Representation in LEPCs 14
Exhibit 4. SERC Annual Operating Budgets 15
Exhibit 5. Number of FTEs Assigned to SERC Duties 16
Exhibit 6. SERCs' Priorities for Implementing EPCRA 17
Exhibit 7. SERCs' Priorities Not Listed in the Survey 17
Exhibit 8. Priorities Not Met Due to Lack of Funding 19
Exhibit 9. Number of EHS Facilities in Calendar Year 2020 21
Exhibit 10. Reasons Provided for Not Having Updated Emergency Response Plans 25
Exhibit 11. Types of Resources States Provided to LEPCs 26
Exhibit 12. States' Established Methods for Receiving Release Notifications 30
Exhibit 13. Number of Tier II Facilities in Calendar Year 2020 33
Exhibit 14. Outreach Used to Inform Facilities of Reporting Obligations 37
Exhibit 15. Methods to Provide Public Access to EPCRA Reports 41
Exhibit 16. Requests Received by States in CY2020 42
Exhibit 17. States' Challenges in Implementing EPCRA 43
Exhibit 18. Best Practices Used and Resources Provided to Implement EPCRA 48
Exhibit 19. Types of Assistance Requested from EPA to Implement EPCRA 51
Exhibit 20. Environmental Justice Statistics 55
Exhibit 21. SERC's Priorities for Implementing EPCRA 57
Exhibit 22. Lack of Funding 58
Exhibit 23. States' Challenges in Implementing EPCRA 59
Exhibit 24. Active and Inactive LEPCs 86
Exhibit 25. Type of Emergency Response Plan for each LEPC 87
National Survey of State Emergency Response Commissions | pg. iii
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Abbreviations
ADEM
Alabama Department of Environmental Management
APELL
Awareness and Preparedness for Emergencies at Local Level
AWIA
America's Water Infrastructure Act of 2018
CAMEO
Computer Aided Management of Emergency Operations
CERCLA
Comprehensive Environmental Response, Compensation, and Liability Act
CWS
Community Water System
CY
Calendar Year
DHSES
Division of Homeland Security and Emergency Services (New York)
DOT
U.S. Department of Transportation
EHS
Extremely Hazardous Substance
EMA
Emergency Management Agency
EPA
Environmental Protection Agency
EPCRA
Emergency Planning and Community Right-to-Know Act
FEMA
Federal Emergency Management Agency
FOIL
Freedom of Information Law
FTE
Full-Time Equivalent
Hazmat
Hazardous Material
HMEP
Hazardous Materials Emergency Preparedness
HS
Hazardous Substance
HSEM
Homeland Security and Emergency Management Division (Minnesota)
HSEMD
Department of Homeland Security and Emergency Management (Iowa)
LEPC
Local Emergency Planning Committee
MOU
Memorandum of Understanding
NGA
National Governors Association
OCSPP
Office of Chemical Safety and Pollution Prevention
OEM
Office of Emergency Management
National Survey of State Emergency Response Commissions | pg. iv
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OSHA Occupational Safety and Health Administration
PHMS A U. S. Department of Transportation Pipeline and Hazardous Materials Safety
Administration
SDS Safety Data Sheet
SERC State Emergency Response Commission
TEPC Tribal Emergency Planning Committee
TERC Tribal Emergency Response Commission
TPQ Threshold Planning Quantity
TRI Toxics Release Inventory
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Executive Summary
In October 2021, the Office of Emergency Management1 (OEM) of the U.S. Environmental
Protection Agency ("EPA" or "Agency") conducted a survey of the State Emergency Response
Commissions (SERCs) in each state and territory of the United States. Thirty-five years after the
enactment of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA),
EPA conducted this survey to gather information on current practices, challenges, and gaps,
including successes and best practices in implementing EPCRA.
During the first 10 years of the EPCRA program, the National Governors Association (NGA)2
published a report, Emergency Planning and Community Right-to Know: State Profiles, on the
states' establishment of the EPCRA program and its progress. The NGA published the report
annually from 1989 to 2000.
As EPCRA marked 35 years since its creation, along with its recent amendments under the
America's Water Infrastructure Act of 2018 (AWIA), EPA decided to conduct the SERC survey
to learn how well the program is currently being implemented at the state and local levels. This is
the first survey of the SERCs that EPA has conducted. However, in 1994, 1999, and 2008, EPA
conducted surveys of the Local Emergency Planning Committees (LEPCs).
The survey summarized in this report was distributed to SERCs in each state, territory, and the
District of Columbia. Along with the survey questions on how each provision of EPCRA is
currently being implemented, EPA requested the SERCs to provide certain information about
their LEPCs, including whether they are active or inactive and whether they have an updated
emergency plan. In addition, the survey requested states to provide their priorities and reasons
for not meeting their priorities, as well as challenges, best practices, and successes. Furthermore,
the survey included questions related to the Toxics Release Inventory (TRI) program and usage
of software and other EPA resources available for planners and responders.
Key Findings
Although a few states omitted responses to some of the questions in the survey, 50 states and 2
territories submitted responses to the survey.
SERCs' Priorities for Implementing EPCRA
Of the several responsibilities that the statute requires, the states ranked three tasks as their top
priorities:
1 The Office of Emergency Management is responsible for managing Sections 302 to 312 of the Emergency Planning and
Community Right-to-Know Act (EPCRA). Section 313 of EPCRA is managed by the Office of Chemical Safety and Pollution
Prevention (OCSPP).
2 The members of the NGA are the Governors of the 50 states, the territories of American Samoa, Guam, and the Virgin Islands,
and the Commonwealths of the Northern Mariana Islands and Puerto Rico. Under a grant from EPA, the NGA published reports
on the status of EPCRA establishment in each state and territory. A series of reports were published annually, starting in 1989.
The last edition was published in 2000. These reports include the status of state EPCRA programs, focused on how they
addressed key issues, including funding and enforcement. The NGA provided guidance to Governors' offices and state agencies
regarding implementation of the law.
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(1) Managing and analyzing Tier II data (29 states)
(2) Assisting LEPCs in developing and/or exercising response plans (25 states)
(3) Assisting facilities in complying with EPCRA (21 states)
See Exhibit 6 in section 1.1.5 for the results.
States' Challenges in Implementing EPCRA
One of the questions in the survey listed several potential challenges for the SERCs to implement
EPCRA, and the respondents were asked to prioritize their challenges. The responses for those
obstacles that were either most challenging or second most challenging are as follows:
(1) Lack of staffing (28 states)
(2) Lack of funding (27 states)
These challenges and others with their rankings are depicted in the exhibit below.
Exhibit ES-1. States' Challenges in Implementing EPCRA
Lack of funding
Lack of staffing at LEPCs
Lack of leadership or motivation at LEPCs
Lack of coordination with LEPCs
Lack of leadership from state and local political
officials
Lack of technical assistance from EPA
Lack of training for LEPCs
I Rank 1 (Most challenging)
l Rank 3
Rank 5
Rank 7
Marked but no ranking provided
l-
8 5
211 4
12
9 19
5
3113 11
7
7 6
6 2 312
18
2 2 6
4 7 12
28
W 6 7 14 1
29
[021 4
4 12
35
00
25
Number of States Reported
I Rank 2
Rank 4
Rank 6
Rank 8 (Least challenging)
N/A
Lack of Funding/Resources for SERCs
An overarching theme in the EPCRA program is that SERCs and LEPCs often lack the resources
to implement the program. Lack of funding or other resources equates to not being able to
support LEPCs. As illustrated in Exhibit 4 in section 1.1.4 of this report, approximately 23 states
reported that they do not have an operating budget to carry out responsibilities under EPCRA.
Several states expressed that because there is no funding, EPCRA and its requirements are
viewed as not important. As chemicals are handled every minute of the day, potential chemical
hazards affect the community and first responders. The exhibit below shows how the resource
constraints have impacted the ability of SERCs to implement EPCRA.
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Exhibit ES-2. Priorities Not Met Due to Lack of Funding3
Assist LEPCs in developing and/ or exercising response
plans
Assist LEPCs with facility inspections
Assist LEPCs with communicating risk to public
Analyze Tier H data
Assist facilities in complying with EPCRA
Number of States
As noted in Exhibit ES-2, SERCs are unable to assist LEPCs in developing and exercising
emergency response plan or assist LEPCs with facility inspections due to lack of funding.
Inactive LEPCs
Survey question #23 asked for SERCs to provide the status of their LEPCs (see Exhibit ES-3).
Shortly after the inception of the EPCRA program in 1986, more than 4,000 LEPCs were
established. In this survey, several states reported that some of their LEPCs combined to form
regional LEPCs. The results of the survey show that there are 2,554 active LEPCs, which include
those that formed regional LEPCs. One state reported that they reconfigured their 10 LEPCs into
one statewide LEPC. Based on the information provided by 494 states and two territories,
approximately 1,236 LEPCs are reported as inactive or unknown5. Many states reported that the
main reasons for a decline in active LEPCs are lack of funding and lack of staffing at LEPCs. As
EPA does not receive the hazardous chemical inventory reports (also known as "Tier II reports"),
the Agency is unable to determine if potential chemical hazards exist in communities with
inactive LEPCs.
3 Twelve states did not respond to this survey question.
4 The state that did not provide their LEPC status established 66 LEPCs at the inception of the EPCRA program.
5 From the survey responses, EPA was not able to determine if states marked "unknown" for some of their LEPCs because they
were unable to reach them due to the pandemic, natural disasters, etc. or because they are inactive. 635 LEPCs are listed as
inactive while the status of 601 LEPCs are unknown.
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Exhibit ES-3. Active and Inactive LEPCs6
Tier II Facilities & Emergency Planning for Hazardous Chemicals
One of the survey questions requested states to provide the number of facilities that submitted
Tier II reports for hazardous chemicals present at the facility as required under EPCRA Section
312 for calendar year (CY) 2020. Based on the responses, approximately 663,095 facilities in the
nation handle hazardous chemicals, of which 108,045 facilities handle EPCRA extremely
hazardous substances (EHSs). While EPCRA Section 303 only requires LEPCs to plan for
EPCRA EHSs, all hazardous chemicals reported annually on the Tier II reports pose risks to the
community and first responders. As EPA do not receive Tier II reports, we are unable to
determine if these communities have facilities that handle hazardous chemicals. Chemical
accidents can occur anywhere and every community should be prepared to ensure protection of
the public and first responders.
EPCRA Emergency Response Plans and All Hazards Planning
0 This map is based on responses provided by states to survey question #23A.
National Survey of State Emergency Response Commissions | pg. 4
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Under EPCRA Section 303, LEPCs are required to develop an emergency response plan for their
community. The survey results show that 442 LEPCs have developed a free-standing EPCRA
emergency response plan (11.7%); 1,844 LEPCs have developed or participated in the
development of an all-hazards plan (48.7%), which should incorporate chemical hazards under
EPCRA; and 615 LEPCs (16.2%) have indicated some other type of emergency plan (e.g., local
EOP; ESF-10). One hundred and eleven LEPCs (2.9%) have reported having both an EPCRA
free-standing plan and an all-hazards plan. However, the survey responses indicate that 327
LEPCs (communities) (8.6%) do not have any type of emergency response plan, either an
EPCRA standalone plan, an all-hazards plan, or other type of plan. Additionally, there were 451
LEPCs (11.9%) that had an unknown emergency response plan based on survey responses. The
Agency does not have comparative data to determine if LEPCs are trending towards including
EPCRA emergency planning as part of their all-hazards planning.
Exhibit ES-4. Type of Emergency Response Plan for each LEPCs
Environmental Justice, Climate Change and EPCRA
One of the cornerstones of environmental justice is to provide minority and low-income
communities access to public information and an opportunity for public participation. Through
National Survey of State Emergency Response Commissions | pg. 5
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U.S. EPA Office of Emergency Management
the right-to-know provisions of EPCRA, the LEPCs and SERCs are tasked with the tremendous
responsibility to provide certain chemical hazard information to their communities.
LEPCs and SERCs are also responsible for emergency response planning to ensure their
communities are prepared for a chemical release. The planning process includes assessing
hazards, such as those caused by or exacerbated by extreme weather events. Another critical
planning activity is understanding where chemical risks exist in communities and identifying
areas where there may be disproportionate impacts from chemical hazards. Effective emergency
planning should also include public participation from the surrounding community to help
identify risks and potential impacts that result from nearby chemical hazards.
LEPCs play an important role in carrying out environmental justice activities and planning for
extreme weather events that can contribute to the risks of chemical releases. As LEPCs and
SERCs continue their work associated with environmental justice and climate change, the EPA
may need to identify guidance or other ways to support these efforts so that communities may
more fully benefit from LEPC and SERC activities.
More information on the environmental justice screening can be found in Section 5.
National Survey of State Emergency Response Commissions | pg. 6
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Introduction and Background
EPCRA was passed in 1986 to prepare and protect the community from potential chemical
hazards and provide access to information. The law places full implementation responsibility on
state, tribal, and local agencies by creating certain organizations. The following organizations
were created under EPCRA:
State Emergency Response Commissions (SERCs)
Tribal Emergency Response Commissions (TERCs)
Tribal Emergency Planning Committees (TEPCs)
Local Emergency Planning Committees (LEPCs)
Members of these organizations and the facilities that handle hazardous chemicals are the key
stakeholders for protecting the community from potential chemical accidents. As directed by the
statute, each state established their own EPCRA program. Some states adopted the federal
program, and others established a more stringent program, including lower reporting thresholds,
additional chemicals, and electronic reporting.
Certain provisions of EPCRA were amended on October 23, 2018, under AWIA, due to recent
incidents that affected source water intakes of community water systems (CWSs). These
amendments placed additional responsibilities on state, tribal, and local implementing agencies.
Survey Design
Thirty-five years after the enactment of EPCRA, EPA conducted the SERC survey ("2021 SERC
Survey") to learn about current implementation activities, including best practices and successes
as well as challenges. This is the first survey of the SERCs that the Agency has conducted,
although LEPC surveys were conducted in previous years. The 2021 SERC survey included 86
questions in a Microsoft Wordฎ document, along with a Microsoft Excelฎ spreadsheet with
LEPC information that the Agency had collected over the years. EPA emailed these materials to
each state and territory at the end of October 2021. EPA requested the SERCs provide certain
information about their LEPCs, including whether they are active or inactive and whether the
LEPCs have an updated emergency plan. In addition, the survey requested that states provide
their priorities and reasons for not meeting their priorities, as well as challenges, best practices,
and successes.
Survey questions are organized by each of the EPCRA provisions and implementation
responsibilities provided in the statute. In addition, the survey also includes questions related to
the SERC's organization and its operating budget, funding resources for SERCs and LEPCs,
state-specific reporting requirements,7 etc. The survey questions in their entirety are in Appendix
A of this report.
7The states are given flexibility to implement their EPCRA program provided that the state program is at least as stringent as the
federal regulations.
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The following is a list of topics for each section in the survey.
SERC organization, operating budget, funding resources, and priorities
Implementation of EPCRA Section 302 (Emergency Planning Notification)
LEPC status and emergency response plans
Implementation of EPCRA Section 304 (Emergency Release Notification) and its
amendments under AWIA
Implementation of EPCRA Section 312 (Emergency and Hazardous Chemical
Inventory Form, "Tier II" reporting) and its amendments under AWIA, and
Management of Tier II Reports
Public access to information under EPCRA
SERC challenges and best practices for implementing the EPCRA program
The survey also included questions related to the TRI program and usage of software and other
EPA resources available for planners and responders. Responses to these questions were
collected for informational purposes and for any future improvements of these resources.
Data Collection
Fifty states and two territories submitted responses to the survey.8 The District of Columbia and
three territories did not respond to the survey. A few states omitted responses to some questions,
which is noted in the analysis of each survey question. The Agency received the LEPC
spreadsheet, which has responses to survey questions 23 through 29, from 49 states and 2
territories;9 one state noted that they did not have the resources to submit answers to the
questions on the LEPC spreadsheet.
This report provides a summary and analysis of most of the responses received, as well as
information on LEPCs and their activities.
8 While two territories also responded to the survey, the summary and analysis in this report refer to all respondents as "states."
9 The answer to question #28 was provided with other responses in the survey, rather than on the LEPC spreadsheet.
National Survey of State Emergency Response Commissions | pg. 8
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1. Analysis and Summary
This chapter includes a discussion and an analysis of most of the responses from the 50 states
and two territories,10 including the responses about LEPC status and their activities. Some
questions in the survey were unanswered or marked "N/A" by some states. These are identified
in the analysis.
In addition, using a subset of the survey information, we have created State Profiles11 (Appendix
D). State profiles contain a summary of implementation of each provision of EPCRA in each
state, which is similar to the state profiles that NGA published in the beginning of the EPCRA
program.
Survey Questions #1-3:
1. List all entities (e.g., name of the State agency or department, private industry or other non-government
representatives, etc.) that make up your SERC organization.
2. Please provide the name(s) of the State agency or department, or other non-government
representative(s) that manages the following:
~ SERC chair
~ Supervision of LEPCs and their activities (ex: conducting exercises; attend meetings with
community; assist in explaining potential risks to the community)
~ Review of emergency response plans
~ Receipt of Emergency Release Notifications (Initial Telephone Notification)
~ Receipt of Emergency Release Notifications (Follow-up Written Reports)
~ Receipt of Hazardous Chemical Inventories (Tier II or State equivalent)
~ Receipt and processing of public request for EPCRA information
3. How was vour SERCformed?
~ By State Law
~ By Governor's Executive Order
~ By Governor's memo/letter
Other:
1.1 SERC Organization, Operating Budget, Funding Resources, Priorities
As required by the statute, the SERC organization was established in each state soon after
EPCRA was enacted. The questions asked under this section are related to the SERC
organization structure, which state agency is responsible for managing each EPCRA provision,
available resources, and the SERC's priorities. While some of this information was collected by
the NGA at the inception of the EPCRA program, the following questions were included in this
10 American Samoa, Guam, and Northern Mariana Islands currently do not have the SERC structure or resources to submit the
survey. EPA Region 9 is actively working with them to recreate their EPCRA programs.
National Survey of State Emergency Response Commissions | pg. 9
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U.S. EPA Office of Emergency Management
section of the survey to learn about current activities and use the information as part of the state
profiles in Appendix D of this report.
1.1.1 By-Laws, Duties, Meetings
Questions #4 and #5 are related to by-laws or procedures established for implementing the
EPCRA program, as provided in EPCRA Section 301.
Survey Question #4:
4. Does your SERC have by-laws that establish how it should implement EPCRA ?
CD Yes
~ No
In response to question #4, 32 states reported that they have specific by4aws for the SERC on
how it should function and assignment of responsibilities. Twenty states reported that they do not
have any by4aws. Of these, one state reported that by4aws are currently being developed, while
four states noted that they do not have by-laws specific to the SERC because EPCRA
implementation responsibilities are covered under the state statute or regulations. Of the states
that reported having SERC by-laws, 12 states indicated that their by-laws include all three
functions listed in question #5. Other states' by-laws only cover one or two functions listed in
question #5.
Survey Question #5:
5. If your SERC has by-laws, what do they include? Check all that apply. If possible, please attach a copy of
your by-laws with this survey.
~ Delegation of responsibility and authority to all SERC members,
~ Identification of who should manage information received from facilities (e.g.. Tier II reports; release
notification and follow-up written reports; etc.),
~ Description of how to assist LEPCs with their responsibilities under EPCRA,
~ Other, please provide a brief description
A few states reported that their SERC by-laws include other functions that SERCs should carry
out in implementing EPCRA:
Duty, purpose, and authorization of the SERC to coordinate training, designate
LEPCs, establish procedures for release reporting, manage inventory reports from
regulated facilities, manage requests for information, and manage federal grant
opportunities.
Purpose, responsibilities, by-law amendment, membership, officers, voting,
meetings, and working groups and committees.
Order of succession for conducting meetings, voting rights and authority, meeting
absenteeism, and rules of order for conducting meetings.
Establishment of four sub-committees to carry out the following: a) emergency
response plans and training, b) statutes and regulations, c) finance and resources, and
d) data collection and management.
National Survey of State Emergency Response Commissions | pg. 10
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One state indicated that in addition to the three items listed in question #5, their SERC by-laws
also include a description of how to assist LEPCs with their EPCRA responsibilities.
Question #6 requested states to report how many meetings the SERC organization holds
annually.
Survey Question #6:
6. On average, how many meetings does your SERC hold annually?
Number of meetings:
Exhibit 1 shows how states responded to question #6 on how many meetings the SERC holds
annually. One state responded that they hold 12 meetings annually. Five states reported they
have not held any meetings annually since the COVID-19 pandemic began.
Exhibit 1. Number of Meetings (Average) Held Annually by SERCs11
24
t,
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a.
&
in
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s
Z
0
12 3 4
Number of Meetings (Average) Held Annually
5+
11 One state did not respond to the survey question.
National Survey of State Emergency Response Commissions | pg. 11
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U.S. EPA Office of Emergency Management
1.1.2 Communication Methods with LEPCs
Survey Question #7:
7. How do you communicate with your LEPCs? Check all that apply.
~ Personalized emails
~ Group emails
~ Phone calls
~ In-person meetings. Please specify frequency:
~ Conferences. Please specify frequency and the date of your most recent conference:
~ Other, please specify:
In question #7, the survey requested states to report on various ways they communicate with
their LEPCs. As the survey was conducted during the pandemic, a few states reported that they
hold virtual meetings and conferences with their LEPCs. One state reported that they hold a
statewide LEPC meeting annually. Exhibit 2 shows the percentage of states that communicate in
each of the provided methods.
Exhibit 2. Communication Methods Used by SERCs with LEPCs12
46
44
43
38
Conferences
In-person meetings
Phone calls
Group emails
Personalized emails
25
Number of States Reported
12 One state did not respond to the survey question.
National Survey of State Emergency Response Commissions | pg. 12
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1.1.3 Tribes, TERCs, Memorandum of Understanding, Tribal Representation in LEPC
Organization
Survey Questions #8-10:
8. If there are any Tribes in your state, have any established Tribal Emergency Response Commissions
(TERCs) that implement EPCRA?
~ Yes (how many?):
~ There are no tribes in my state
~ There are tribes in my state, but none have established TERCs
~ Don't know
9. Are there any Memoranda of Understanding between the Tribe(s) and the State requesting that the
State implement EPCRA for the Tribe(s) ? If the answer is "Yes", please attach a copy of the
MOU(s).
CD Yes
~ No
10. Are any Tribal Representatives part of any LEPC in your State?
CD Yes
~ No
~ Don't know
Questions 8, 9, and 10 request states to report if there are tribes in their state and if any TERCs
have been established, if any memoranda of understanding (MOU) have been established
between states and tribes for implementing EPCRA in the tribal region, and if any tribes are
involved with their LEPCs.
In response to question #8, some states reported that there are tribes; however, to their
knowledge, TERCs have not been established. Some states reported that there are either no tribes
in their state, or they were unsure if TERCs had been established. EPA assumes that these states
were referring to whether TERCs are established. Based on these responses EPA is unable to
conclude if any TERCs have been established.
In response to question #9, only one state reported that an MOU was established in 1996
between the state and tribes; however, the MOU only includes half of the tribes located in the
northern portion of the state.
For question #10, the following responses were received from states regarding tribal
representation in their LEPCs (Exhibit 3).
National Survey of State Emergency Response Commissions | pg. 13
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Exhibit 3. Tribal Representation in LEPCs13
Yes I
No I
Number of States
1.1.4 Operating Budget and Funding Resources
Survey Questions #11-13:
11. What sources of funding are available to your SERC organization to implement the EPCRA program?
Check all that apply.
~ State appropriated funds
~ Federal grants. If yes, please list types:
~ Tier II filing fees
~ Other (please specify):
12. What is your SERC annual operating budget? Please select a range and/or provide an exact amount.
~ $0 - $50K
~ $5 IK - $100K
~ $10IK -$250K
~ $250K-$500K
~ $500K - $1M
~ Over $1M
~ Don't know
~ If you would like to include any details about your budget, please add here:
13. How many full-time equivalents (FTEs) are associated with the SERC (please take into account FTEs
from all entities that are part of the SERC organization, listed in question #1)?
CD Less than or equal to 1.0 FTE
CD Greater than 1.0 FTE, but less than or equal to 2.0 FTE
CD Greater than 2.0 FTE, but less than or equal to 5.0 FTE
CD Greater than 5.0 FTE, but less than or equal to 10.0 FTE
CD Greater than 10.0 FTE
~ If you would like to include any details about your FTEs, please add here:
13 Four states did not respond to the survey question.
National Survey of State Emergency Response Commissions | pg. 14
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U.S. EPA Office of Emergency Management
Questions 11, 12, and 13 in the first section of the survey are related to the SERC operating
budget, federal or state resources available for implementing the EPCRA program, and the
number of staff assigned to carry out SERC duties. Most states reported that they either use the
Hazardous Materials Emergency Preparedness (HMEP) grant or they collect fees for filing Tier
II reports14 to carry out some SERC responsibilities under the law and to assist LEPCs with their
EPCRA responsibilities. Thirty-three states receive HMEP grants, and 26 states collect Tier II
fees. Of these, 15 states reported that they receive funding from both sources.
Seventeen states reported that the SERC organization receives state-appropriated funds in
addition to an HMEP grant or Tier II fees. Two states reported that they receive funding from the
EPA Brownfields program or from fees collected under the EPCRA Section 313 TRI program.
One state reported that they receive a grant from the Federal Emergency Management Agency
(FEMA). Another state reported that the state matches the funding received under the HMEP
program. While some states reported that they receive HMEP or other federal grants, there are
certain restrictions on how the money can be used, which means that most states operate with
little or no budget to carry out responsibilities under the law. As SERCs generally have no
funding at all, SERCs are unable to provide training, assist in developing emergency response
plans, or conduct exercises.
Exhibit 4. illustrates the number of states that reported on their annual operating budget.
Exhibit 4. SERC Annual Operating Budgets15
23
es
-Q
S0-50K $51K-$100K
S101K-
S250K
S250K-
S500K
S501K-
$1 Million
Over $1
Million
Annual Operating Budget
14 Tier II reports are submitted annually by covered facilities as required under EPCRA Section 312.
15 One state did not respond to this survey question.
National Survey of State Emergency Response Commissions | pg. 15
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U.S. EPA Office of Emergency Management
In addition to funding resources and the operating budget, in question #13, states were asked to
report the number of full-time employees assigned to carry out SERC duties, manage Tier II
reports, provide access to EPCRA reports, and other duties. Exhibit 5 depicts the number of full-
time equivalents (FTEs) carrying out SERC duties in addition to their regular responsibilities
with the state agency. Almost half of the states reported that they have less than one full-time
employee to carry out certain functions, which include managing follow-up release reports and
annual Tier II reports. One state specifically reported that they do not have any resources to
determine if their LEPCs are active or still in existence.
Exhibit 5. Number of FTEs Assigned to SERC Duties16
24
es
-Q
>10.0 No response
<1.0 >1.0, <2.0 >2.0, <5.0* >5.0, <10.0
Number of FTE
* Note: 1 state reported that their staff allocation includes a state and local rep
1.1.5 SERC Challenges in Meeting Priorities
Survey Question #14:
14. What are your SERC's priorities? Please rank in order of most important as '1and if not a priority,
please mark as 'N/A'.
Assist LEPCs in developing and/or exercising response plans
Manage and analyze tier II data
Assist LEPCs with facility inspections
Assist LEPCs with communicating risk to public
Assist facilities in complying with EPCRA
Other (please specify):
Question #14 asked the states to rank the five functions, as well as "other" category, listed in
their order of priority, with "1" being the highest priority and "6" being the lowest priority.
10 One state did not respond to this survey question.
National Survey of State Emergency Response Commissions | pg. 16
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U.S. EPA Office of Emergency Management
Exhibit 6 outlines the responses received. Several states did not rank some of the priorities, while
others marked certain priorities as "N/A."
Exhibit 6. SERCs' Priorities for Implementing EPCRA
Assist LEPCs in developing and/or exercising response
plans
Manage and analyze Tier H data
Assist facilities in complying with EPCRA
Assist LEPCs with communicating risk to public I
Assist LEPCs with facility inspections
17
8 10
10 13 3
15
14
7
5
4 12
4
9
12
9
6 3
5
4
12
15
8 2
! 3 1
i
D
3
15
3 23
4
Number of States
I Rank 1 (highest priority)
l Rank 3
Rank 5
No Ranking
l Rank 2
Rank 4
Rank 6 (Lowest priority)
N/A
Question #14 also asked the states to list other priorities not listed in the survey. Exhibit 7.
provides a list of priorities states provided along with their ranking.
Exhibit 7. SERCs' Priorities Not Listed in the Survey
Highest
Priority
(Ranked 1)
Enhance public safety and environmental protection.
Train first responders.
Properly fund and organize a good solid SERC and LEPC structure.
Provide hazardous material (hazmat) response training and administration of grant funds
Emphasize participation by the LEPC in community preparedness planning and utilize the
APELL1'process and strategic planning to fill capability gaps.
Medium
Priority
(Ranked
2,3, or 4)
Train first responders (Ranked 2)
Teach first responders how to access Tier II data; assisting facilities with answering EPCRA
questions, and training First Responders how to access Tier II information. (Ranked 3)
Respond to Freedom of Information Law (FOIL) requests for Tier II data. (Ranked 4)
17 APELL - Awareness and Preparedness for Emergencies at Local Level
National Survey of State Emergency Response Commissions | pg. 17
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U.S. EPA Office of Emergency Management
Lowest
Priority
(Ranked 5)
Review after-action reports; provide additional technical assistance as needed.
Unranked
Priority
Fulfill state statues, and to ensure that the state has access to locally developed hazmat teams
that may respond across the state upon an approved resource request through the State
Emergency Coordination Center.
While one state did not rank this priority, they reported that one of their priorities is to fulfill
state statutes, and to ensure that the state has access to locally developed hazmat teams that may
respond across the state upon an approved resource request through the State Emergency
Coordination Center.
Survey Question #15:
15. Does your SERC have priorities that it is not addressing due to lack offunding? If so, please check all
activities that apply.
~ Assist LEPCs in developing and/or exercising response plans
~ Analyze tier II data
~ Assist LEPCs with facility inspections
~ Assist LEPCs with communicating risk to public
~ Other (please specify):
Question #15 asked the states to indicate which priorities they are not able to meet due to lack of
funding. Exhibit 8 outlines the number of states that responded that they were unable to address
the listed priority due to lack of funding. One state indicated they had no funding.
National Survey of State Emergency Response Commissions | pg. 18
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U.S. EPA Office of Emergency Management
Exhibit 8. Priorities Not Met Due to Lack of Funding18
Assist LEPCs in developing and/ or exercising response
plans
Assist LEPCs with facility inspections
Assist LEPCs with communicating risk to public
Analyze Tier II data
Assist facilities in complying with EPCRA
Number of States
In addition, a few states provided additional concerns they have due to lack of funding:
Lack of risk identification and assessment and community capability assessment.
Hazard analysis program has been scaled down.
Unable to plan additional activities for EPCRA implementation.
Unable to adequately support LEPCs to maintain EPCRA compliance as LEPCs
have primacy in sharing information with the public and performing inspections on
facilities under EPCRA.
Unable to assist LEPCs with grant funding.
1.2 Implementation of Emergency Planning Notification Provisions
EPCRA provides flexibility to implement the program at the state and local levels as necessary
for the community depending on the types of facilities and potential hazards present in each
planning district.
18 Twelve states did not respond to this survey question.
(EPCRA Section 302)
National Survey of State Emergency Response Commissions | pg. 19
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U.S. EPA Office of Emergency Management
1.2.1 Section 302 Program: Federal and State Requirements
Survey Questions #16 & 17:
16. Does your state have more stringent emergency planning notification requirements than the Federal
EPCRA program?
~ No, our State follows the Federal EPCRA Section 302 program
~ Yes, our State has more stringent emergency planning notification requirements
If the answer to Q#16 is "No, our State follows Federal EPCRA Section 302 program" go to Q#19
17. How is your emergency planning notification program different from the federal program under
EPCRA Section 302? Check all that apply.
~ The State program covers additional chemicals (please send list of additional chemicals or link to the
program's list of chemicals)
~ The State program has lower thresholds (please send list of thresholds or link to the program's list of
chemical thresholds)
~ Other, please specify:
In response to question #16, seven states reported that they have additional requirements beyond
the federal EPCRA Section 302 requirements. In response to question 17, these seven states
reported that they have additional chemicals or lower reporting thresholds than what is required
under the federal regulations. The remaining states implement the federal regulations and the list
of EHSs codified in 40 CFR part 355.
1.2.2 Number of Facilities Subject to Emergency Planning (CY2020)
Survey Questions #18 & 19:
18. How many facilities in your state reported having EHSs on-site that are regulated only under your
State program (i.e., not regulated under Federal EPCRA requirements)?
Please provide a number of facilities:
19. How many facilities in your state reported having EHSs on-site for both the State (if applicable) and
Federal programs? (Note: As of reporting year 2014, facilities were required to indicate whether they
are subject to EPCRA section 302 on their Tier IIform.)
Please provide a number of facilities:
In questions #18 and #19, the states were asked to report the number of facilities subject to state
and federal emergency planning programs. Based on the responses received, there are
approximately 108,045 facilities subject to emergency planning under both state and federal
programs. This means that these facilities have EHSs at or above their threshold planning
quantities. Five states reported that they did not have their data readily available at the time the
survey was conducted. One state reported that their emergency planning program requires
facilities to report any chemical that requires a Safety Data Sheet (SDS). Two states reported that
they require facilities to provide transportation routes of EHSs with their emergency planning
notification. Of these, one state requires this information be reported on the facilities' Tier II
forms. Furthermore, one state requires facilities to report information on crude oil transported by
rail. See Exhibit 9 for a map of the number of EHS facilities in CY2020 for each state.
National Survey of State Emergency Response Commissions | pg. 20
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U.S. EPA Office of Emergency Management
Exhibit 9. Number of EHS Facilities in Calendar Year 202019
Program Type
^2 Federal
I| State program - additional
'' chemicals & lower
thresholds
2 State program - lower
thresholds
State program - requires
reporting of Crude Oil
~1 Data not available at time
of survey
-1,324
NH - 354
MA-7,355
RI-400
CT-1,304
NJ -0
DE - 295
MD - 946
Survey Questions #20-22:
20. Did your State designate additional facilities subject to emergency planning notification requirements?
CD Yes
O No
If the answer to Q#20 is "No" go to Q#22.
21. If so, what type offacilities? Please specify the industry sector, and if possible, also provide NAICS
codes (North American Industry Classification System - hftps:/Arinv:census.gov/eosAinnv/naics/).
22. Have you (the SERC) or your State taken any enf orcement actions under EPCRA 326(a)(2) against any
facilities for failing to provide emergency planning notification under EPCRA section 302?
~ Yes. Please provide number of enforcement actions in CYs 2019 and 2020:
~I Yes, but the most recent enforcement action was prior to CY2019.
~ No
In addition to providing flexibility to implement the program necessary for their community,
EPCRA authorizes the states to designate additional facilities, such as facilities that handle
States with a value of "0" did not have data available at the time of the survey.
National Surv ey of State Emergency Response Commissions | pg. 21
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U.S. EPA Office of Emergency Management
hazardous wastes, to be subject to emergency planning notification. Facilities that handle
hazardous wastes may or may not handle EHSs. However, designating these facilities under the
state right-to-know program would require these facilities to report any chemicals, including
mixtures of hazardous chemicals, which would be covered. Such facilities would also become
part of the local emergency response plan. For questions #20 and #21 none of the states reported
that they designated any additional facilities subject to planning.
Emergency planning notification was required at the inception of the EPCRA program so that
planning for chemical emergencies could be initiated at the local level. This notification was
required for all facilities in 1987 when EPA published the rule and the list of substances with
their threshold planning quantities (TPQs). After that, only new facilities or already covered
facilities at which a new EHS is present would have to provide notification to state and local
agencies.
EPCRA allows states and local agencies to take enforcement action against facilities for not
complying with its provisions. Question #22 of the survey asked states to report if they have
taken any action against facilities for not complying with emergency planning notification. Only
6 states reported that they have taken enforcement actions prior to 2019 on facilities not
complying with emergency planning notification requirements. One state reported that their last
enforcement action was prior to 2010 and that they are planning an enforcement program in
fiscal year 2023.
1.3 LEPC Information (Current Status, Active, Inactive, Non-Existence,
Consolidation, etc.)
As directed by EPCRA Section 301, the SERCs appointed LEPCs for each planning district
within a few months after the law was passed. Based on the reports published by the NGA during
the first 10 years of the EPCRA program, approximately 4,010 LEPCs were established across
the nation, including the U.S. territories.
As part of the SERC survey, states and territories were asked to confirm the status of LEPC
activities (e.g., active vs. inactive; if LEPCs have an updated emergency response plan). Forty-
nine states and two territories provided information on their LEPC status and activities. One state
informed EPA that they do not have the resources to determine their LEPC status or if they are
meeting any EPCRA requirements.
Survey Question #23:
23. (A) Of the list provided, please note in Column F those LEPCs that are active in your State
(Yes/No/Unknown) (for this survey, active is defined as conducting at least one or more of the following
activities in the past year: have an emergency response plan and review/update annually; meet on a
regular basis; conduct exercises to ensure that their plan can be activated during chemical
emergencies; accompany fire department personnel for conducting inspections of Tier IIfacilities;
participate in local preparedness planning; conduct public education, providing information on local
hazards and facilities to community members andfirst responders; provide Tier II information on
request).
The LEPC information provided by the states shows that some states consolidated some of their
original individual county, city, or municipality LEPCs into regional LEPCs. Other states'
LEPCs continue to operate in their original form. The results of the survey show that currently
National Survey of State Emergency Response Commissions | pg. 22
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U.S. EPA Office of Emergency Management
there are 2,554 active LEPCs, which include those that formed regional LEPCs. One state
reported that they reconfigured their 10 LEPCs into one statewide LEPC. Based on the
information provided by 4920 states and two territories, approximately 1,236 LEPCs are reported
as inactive or unknown21. A few states noted that they formed a few regional LEPCs rather than
have individual LEPCs for some parts of the state for better management and to better focus on
fulfilling LEPCs' responsibilities under the law.
Survey Questions #24-27 & 29:
24. (A) In Column H of the list provided, please clarify the administrative or geographic jurisdictional
boundary for each LEPC, both active and inactive, using the most specific boundary. For each LEPC,
please choose among the following administrative boundaries.
County
City
Township
Parish
Municipality
Region
Multiple counties (please specify):
Districts
Other
(B) If "other" is indicated in 024 (A), please specify and list where geographic data for this LEPC
jurisdictional area can be obtained in Column I.
25. (A) In Column J, please note which LEPCs in your state have emergency response plans in place for
their planning districts/communities. (Emergency response plans can be free-standing plans or part of
an all-hazards plan).
(B) Please list the type of emergency response plan for each LEPC: (1) a free-standing plan; (2) part of
an all-hazards plan; (3) Other in Column K.
(C) If "other" or unknown, please provide an explanation in Column L.
26. (A) In Column M, please note which LEPCs in your state that have reviewed and/or updated their
emergency response plans within the past 12 months.
(B) If unknown in 026(A), please provide an explanation in Column N.
27. (A) In Column O, please note which emergency response plans, reviewed and/or updated by the LEPC
in the past 12 months (Column M), have been reviewed by you, the SERC?
(B) For those plans not reviewed by the SERC, please provide an explanation in Column P.
29. (A) On the spreadsheet provided, please note which LEPCs in your State have conducted exercises in
the past 12 months to ensure that their emergency plan can be activated during an emergency in
Column O.
(B) For each LEPC that has conducted exercises, please list the type of exercise: (1) full-scale; (2)
table-top; (3) actual response; (4) notification exercise; (5) Other. Please specify in Column R Note
more than one type of exercise can be identifiedfor each LEPC, separated using a semicolon (;).
Questions #24 to #27 and #29 asked the states to indicate their LEPC boundaries, if their LEPCs
have updated emergency response plans, and how often they exercise those plans. The survey
20 The state that did not provide their LEPC status established 66 LEPCs at the inception of the EPCRA program.
21 From the survey responses, EPA was not able to determine if states marked "unknown" for some of their LEPCs because they
were unable to reach them due to the pandemic, natural disasters, etc. or because they are inactive. 635 LEPCs are listed as
inactive while the status of 601 LEPCs are unknown.
National Survey of State Emergency Response Commissions | pg. 23
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U.S. EPA Office of Emergency Management
results show that 442 LEPCs have developed a free-standing EPCRA emergency response plan
(11.7%); 1,844 LEPCs have developed an all-hazards plan (48.7%), which should incorporate
chemical hazards under EPCRA; and 615 LEPCs (16.2%) have indicated some other type of
emergency plan (e.g., local EOP; ESF-10). One hundred and eleven LEPCs (2.9%) have reported
having both an EPCRA free-standing plan and an all-hazards plan. However, the survey
responses indicate that 327 LEPCs (communities) (8.6%) do not have any type of emergency
response plan, either an EPCRA standalone plan, an all-hazards plan, or other type of plan.
Additionally, there were 451 LEPCs (11.9%) that had an unknown emergency response plan
based on survey responses. The Agency does not have comparative data to determine if LEPCs
are trending towards including EPCRA emergency planning as part of their all-hazards planning.
Maps showing the status of LEPCs nationwide and types of emergency response plans are
illustrated in Appendix B.
Survey Question #28:
28. For those LEPCs that do not have up-to-date emergency response plans, what do you believe are the
main contributing factor (s) ? Please rank in order of most prevalent factor (1) to least prevalent (5). If
factors are not applicable, use 'N/A
Lack of leadership (i.e. lack of support from local officials)
Lack of motivation (i.e. other higher priorities, small number of facilities, low level of risk)
Staffing/participation shortfall
Lack of understanding of the requirement under the statute to review the plans annually
Lack of funding
Other:
Don't know
Question #28 asked the states to indicate the reasons their LEPCs may not have updated
chemical emergency response plans. Exhibit 10 outlines the states' ranking of each choice
provided from most prevalent to least prevalent. Nine states reported that all their LEPCs have an
up-to-date chemical emergency response plan, whether the chemical emergency response plan is
part of an all-hazard or stand-alone plan. Most states reported that their LEPCs have additional
responsibilities other than EPCRA, including responding to non-chemical hazards, for example,
natural hazards, pandemic, etc.
National Survey of State Emergency Response Commissions | pg. 24
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U.S. EPA Office of Emergency Management
Exhibit 10. Reasons Provided for Not Having Updated Emergency Response Plans22
Staffing/participation shortfall
Lack of funding
Lack of understanding of the requirement under the
statute to review the plans annually
Lack of leadership (e.g., lack of support from local
officials):
Lack of motivation (e.g., other higher priorities, small
number of facilities, low level of risk)
i Rank 1 (Most prevalent factor)
I Rank 3
Rank 5
No ranking
In process of reviving LEPC
10
9
a 4 ii
12
7
I3
4
5
1 3
12
5
3
6
6
L 4
12
4
4
7
5
4 3
13 1
3 6
7
1 s
4 1
14
Number of states
I Rank 2
Rank 4
Rank 6 (Least prevalent factor)
N/A
Some states provided additional reasons not listed in the survey for not having updated
emergency response plans and ranked them "most prevalent" or "least prevalent."
Lack of understanding of how to begin and what to do. (Rank 1)
COVID-19 pandemic. (Rank 1)
Other grant-based priorities. (Rank 5)
COVID-19 (e.g. other higher priorities; small number of facilities; low level of risk).
(Rank 5)
5 - Lack of enforcement of statute requirements. (Rank 5)
While two states listed reasons for not having updated emergency response plan, including
COVID-19 and staff turnover, these reasons were not ranked.
Several states reported that some of their LEPCs do not have an updated EPCRA 303 chemical
emergency plan. These LEPCs, or their planning districts, also are not part of any local all-
hazard plans. As EPA does not receive any EPCRA reports, we are unable to determine if these
communities have facilities that handle hazardous chemicals and if there are potential risks to the
citizens in the community or first responders.
22 Nine states indicated all their LEPCs have up-to-date emergency plans (FL, IA, LA, NC, NV, OK, TN, WI).
National Survey of State Emergency Response Commissions | pg. 25
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U.S. EPA Office of Emergency Management
1.3.1 Type of Resources Provided for LEPCs
Survey Question #30:
30. What type of resources do vou offer LEPCs? Please check all that apply and include details.
~ Funding, please specify the average annual amount:
~ Technical assistance [ex: manage facility and chemical information in Computer Aided Management
of Emergency Operations (CAMEO)]
~ Community risk communication
~ Guidance documents
~ Training (provide type and frequency of training(s)):
~ Response equipment (provide cost estimate for equipment provided annually):
~ Outreach to facilities
~ Onsite facility inspections
~ Other, please specify:
Question #30 asked the states to report if they offer any resources to their LEPCs to implement
the program. Exhibit 11 illustrates the type of resources provided to their LEPCs.
Exhibit 11. Types of Resources States Provided to LEPCs
Guidance Documents
Training
Technical Assistance
Funding
Outreach to Facilities
Risk Communication to Community
Onsite Facility Inspections
Response Equipment
Number of States
States that offer funding to LEPCs reported that the U.S. Department of Transportation (DOT)
HMEP grant is split evenly among all their LEPCs, or among LEPCs that meet certain training
requirements. One state reported that they provide to LEPCs 10 percent of fees collected from
Tier II facilities in their county. Several states reported that they hold annual LEPC conferences
and workshops as well as provide assistance for planning and exercises. A few states reported
National Survey of State Emergency Response Commissions | pg. 26
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U.S. EPA Office of Emergency Management
that they provide training for first responders, including ammonia safety training as well as 40-
or 8-hour hazmat training. Some states provide grants to buy response equipment.
1.3.2 State EPCRA Enforcement Program and Resource Assistance Requested from EPA
Survey Questions #31 & 32:
31. Have you (the SERC) or your State taken any enforcement actions under EPCRA 326(a)(2) against any
facilities for not providing info under 303(d)?
~ Yes. Please provide number of enforcement actions in CYs 2019 and 2020:
~ Yes, but the most recent enforcement action was prior to CY2019.
~ No
32. What resources could EPA provide to assist you and your LEPCs?
In response to question #31, only four states reported that they have taken enforcement action
against any facilities prior to CY 2019. One state reported that these actions were taken by
individual LEPCs with SERC support.
Regarding question #32, states provided the following responses for how EPA could assist them
and their LEPCs:
Funding
Support SERCs and LEPCs that are trying to promote community preparedness
planning looking at all of the programs and initiatives that have come after the
events of September 11, 2001.
Provide funding support for planning and training, which would benefit smaller and
more rural LEPCs, support for enforcement activities, and Tier II information
management and verification.
Funding is needed specific for EPCRA implementation. U.S. DOT has repeatedly
informed the state that the HMEP grant is for in-transit preparedness. Since 1990s,
there has been no funding to directly support SERCs and LEPCs with EPCRA
compliance as identified in PL 101-615. SERCs, TERCs, and LEPCs need sustained
funding to maintain EPCRA compliance.
Hazmat/Emergency Response Plan
Assistance with writing hazmat plans/annexes.
Exercises/Trainings/Guidance Documents
Share best practices from states that have vigorous EPCRA program.
Continued/expanded support for exercises.
Develop guidance for LEPCs on EPCRA responsibilities (A LEPC 101 course).
Develop general guidance documents, best practices for exercising plans, and best
practices for LEPC activities.
A conference specifically for LEPCs, which would help them to get some much-
needed training and resources.
National Survey of State Emergency Response Commissions | pg. 27
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U.S. EPA Office of Emergency Management
Provide more training videos and how to get more participation from those required
to be on an LEPC.
Develop trainings, host workshops, and provide tools to provide to LEPCs and
Regional Emergency Planning Committees.
Continued support for CAMEO and Tier II Submit; EPA involvement in LEPC
training/workshops.
LEPC 101 training, possibly on a regional basis.
An updated package for submitting, tracking, and analyzing facility data. Additional
training and funding resources always help, but a more robust, up-to-date package
for submitting, tracking, and more powerful analysis tools for facility data that is
accessible for local resources and other state/federal resources would be of greater
assistance.
Outreach support.
Possibly some webinars specific to EPCRA and responsibilities of the LEPCs that
they can log into quarterly and ask EPA questions directly.
Coordination of a training or seminar with the state so that other government
agencies and industries understand the importance of LEPCs.
Enforcement/Participation
EPA assistance with enforcement activities. The state reported that they have little
ability to fine or file suit against a facility for not filing EPCRA documents. Being
able to call EPA about a facility that files late Tier II reports, for example, and
knowing that EPA would investigate that facility would be really helpful.
Legal assistance when working with hostile facilities or facilities that do not want to
come into compliance.
Attendance and participation at quarterly district (regional meetings) across the state
to review EPCRA mandates, EHSs, and facility reporting requirements, among other
topics.
Some type of incentive for those facilities that not only participate in the planning
process but go above and beyond in supporting the LEPC.
1.4 State Procedures for Emergency Release Notification (EPCRA Section
304) and Implementation of AWIA Requirements under Section 304
States were asked to answer questions related to implementation of emergency release
notification under EPCRA Section 304, as well as questions related to meeting the requirements
under the America's Water Infrastructure Act.
While the EPCRA statute provides that facilities should notify the SERC and LEPC of any
releases of EHSs and Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) hazardous substances (HSs), all states and territories have established a central
notification system or a call center or dispatcher to receive the initial release notification. This
section of the report analyzes the responses received on how states manage the emergency
release notification if their program covers more stringent requirements than the federal
National Survey of State Emergency Response Commissions | pg. 28
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U.S. EPA Office of Emergency Management
regulations. In addition, analysis in this section includes how states are meeting the AWIA
requirements to notify the state drinking water primacy agency or community water systems of
releases that affect source water intake.
1.4.1 Emergency Release Notification Systems and Federal vs. State Programs
Questions #33 to #38 requested states to provide information on their release notification system,
whether facilities are submitting follow-up written reports of their releases, and if the states have
more stringent release reporting requirements than the federal regulations. In addition, the survey
asked states to report the number of releases of EPCRA EHSs and CERCLA HSs they received
in CY2020.
Survey Question #33:
33. If your State has its own right-to-know program, does it require release notification of substances in
addition to the CERCLA Hazardous Substances and EPCRA EHSs?
~ Yes (please provide a list of additional substances or a link to the list in the regulations):
~ No
For question #33:
10 states reported that they require release notification for additional chemicals.
Some of these substances include produced water, oil, non-chemicals (e.g., molasses
and other substances), and some chemicals from the DOT hazardous materials list.
One state noted that they require notification of all chemical releases.
Seven states did not provide any answer to question #33. The remaining states
reported that they follow the federal program for covered substances and reporting
thresholds.
Survey Question #34:
34. What type of notification system is in place for fixedfacilities to notify the SERC/State about releases?
Check all that apply.
~ State Hotline (e.g.. State Warning Point)
~ 911
~ SERC office
~ Other, please specify:
In response to question #34, states reported that they established various methods, including a
hotline, used 911, or used an email notification system for facilities to report their releases (see
Exhibit 12). A few states noted more than one method for receiving release notifications.
National Survey of State Emergency Response Commissions | pg. 29
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U.S. EPA Office of Emergency Management
Exhibit 12. States' Established Methods for Receiving Release Notifications
State hotline for release notification
Notification through 911 system
System set up for SERC office to get notification
Email system to receive release notification
Have 24/7 dispatch center
Use Tier II Manager incident report online system
Number of States
E3
Survey Questions #35 - 38:
35. In calendar year 2020, how many releases of CERCLA Hazardous Substances and/or EPCRA EHSs
were reported to the SERC, State Agency, or designated call center or hotline?
Please provide a number:
36. What percent of those releases reported in 2020, did the SERC receive follow-up written reports within
30 days?
Please provide percentage or exact number of facilities:
Please provide information on any SERC processes to follow up with facilities which have not
submitted written release reports:
3 7. Do you have a system that tracks facilities that reported releases and submitted written follmv up
reports?
CD Yes
~ No
If the answer to Q#37 is "No" go to Q#39
38. If you have a system, please describe. Check all that apply
~ Spreadsheet
~ Custom application (please describe):
~ Other (please describe):
Questions #35 to #38 asked states to provide the number of releases of EPCRA EHSs and
CERCLA HSs they receive, if facilities submit follow-up written reports, and if the states have
National Survey of State Emergency Response Commissions | pg. 30
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U.S. EPA Office of Emergency Management
any system to track release notifications. Many states reported that in addition to EPCRA EHS
and CERCLA HS releases, they also receive notifications of oil releases. Only a few states
reported the number of EHS or CERCLA HS notifications they received in CY 2020. In response
to questions related to follow-up written reports, some states noted that they only receive a
certain percentage of reports. These states reach out to facilities that do not comply with the
requirement. Most states noted that they keep track of the release notifications either in a
spreadsheet, database, or online system. One state noted that they use E-Plan23 to keep track of
the release notifications, while another state noted that they use the TIER II MANAGER
software24 to keep track of the release notifications.
10 states use a database to keep track of the release notifications.
11 states use a spreadsheet to keep track of the release notifications.
21 states noted they do not keep track of the release notifications.
1.4.2 Amendments to EPCRA Section 304: AWIA Requirements & Implementation
Survey Questions #39-41:
39. To ensure compliance with A WIA requirements (which went into effect on October 23, 2018), do you
have a system and/or process in place to notify the State Drinking Water Primacy Agency or the
community water system about releases?
~ Yes, please describe the system and/or process:
~ No
40. How does your State ensure that the State Drinking Water Primacy Agency or community water system
receives notification of transportation-related releases? (Note: Although section 2018(a) of AWIA
does not specify how transportation related releases should be forwarded to the state drinking water
primacy agency or community water systems, EPA encourages SERCs to coordinate with 911
operators or any other established system that receives release notification to notify the state drinking
water primacy agency (or community water systems) that may be affected by the release.) Please
include any challenges and/or issues with implementing the AWIA amendments.
41. How can EPA assist you in implementing the A WIA requirements?
Questions #39 to #41 are related to the implementation responsibilities under AWIA. All but
four states reported that they have a system established to notify either the drinking water agency
or the community water systems if releases occur at fixed facilities or from transportation-related
releases. A few states reported that their notification system was established prior to AWIA
enactment.
23 E-Plan is a software developed by University of Texas in Dallas that some states use for facilities to submit their
hazardous chemical inventory report under EPCRA section 312.
24 TIER II MANAGER is another reporting software that some states use for facilities to submit their hazardous
chemical inventory report under EPCRA section 312.
National Survey of State Emergency Response Commissions | pg. 31
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The Agency also asked the states to note if any assistance from EPA is needed to implement the
AWIA requirements. A few states requested funding to assist with resources needed to
implement this new requirement. Some states asked EPA to share best practices from other states
on AWIA implementation as well as to provide training, workshops, and guidance for those that
are new to the EPCRA program. Appendix C in this report provides some practices shared by
states in the survey responses.
1.5 Tier II Data Management Analysis & Summary
This section of the survey includes questions related to states' implementation of the EPCRA
Section 312 program, management of the Tier II data, reporting software, and the process of
providing Tier II data to the community water systems as required by AWIA. A few states did
not respond to all questions in this section of the survey.
1.5.1 Federal vs. State Tier II Program and Number of Covered Facilities
Survey Questions #42-44:
42. Does your State have more stringent requirements for hazardous chemical inventory (Tier IT) reporting
than the Federal EPCRA program?
~ No, our State follows the Federal EPCRA Section 312 program
~ Yes, our State has more stringent state requirements
If the answer to Q#42 is "No, our State follows the Federal EPCRA Section 312 program", go to
Q#44.
43. How is your Tier II program different from the Federal EPCRA Section 312 program? Check all that
apply.
~ Our program covers additional chemicals (please provide list of additional chemicals or link to the
list of chemicals in the state regulations)
~ Our program has lower reporting thresholds (please provide list of thresholds or link to the
thresholds in the state regulations)
~ Our program requires electronic reporting
~ Other, please specify:
44. How many facilities in your state submitted a Tier IIform in reporting year 2020 (please include all
facilities that reportedfor both state-specific andfederal requirements)?
Please provide a number:
Questions #42 to #44 are related to the implementation of EPCRA Section 312, if the state
follows the federal regulations, or if it has a more stringent program. The survey also asked the
states to report the number of facilities that complied with these regulations. See Exhibit 13 for a
map of the number of Tier II facilities in calendar year 2020 for each state.
39 states reported that they follow the federal reporting requirements for EPCRA
Section 312.
14 states reported that their state program has either additional chemicals or lower
reporting thresholds than the federal EPCRA Section 312 regulations.
National Survey of State Emergency Response Commissions | pg. 32
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U.S. EPA Office of Emergency Management
One of these states reported that it requires facilities to report any new
covered chemical within five business days of acquiring that
substance.
Another state reported that it also covers state and locally owned
facilities in the state EPCRA Section 312 program. In addition, this
state requires facilities handling ammonium nitrate to report within 72
hours of becoming subject to the regulations.
Another state reported that they require facilities to report the actual
amount of hazardous chemicals present on site rather than reporting in
ranges as required under the federal regulations.
There are approximately 663,095 facilities covered under both state and federal programs. Two
states were not able to provide this information during the time of the survey.
Exhibit 13. Number of Tier II Facilities in Calendar Year 2020
Program Type
Federal
I| State program - additional
'' chemicals & lower
reporting thresholds
^ State program - lower
reporting thresholds
- 2,779
-1,505
MA -10,000
Rl - 752
CT-2,330
NJ-9,691
DE-2,563
MD- 2,358
National Surv ey of State Emergency Response Commissions | pg. 33
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1.5.2 Tier II Reporting Software used by States, One-Stop Filing, Tier II Filing Fee
Survey Questions #45-51:
45. What software does your state currently use for Tier II reporting? Check all that apply.
ED TIER II MANAGER online reporting system
~ E-Plan
~ State-developed online reporting tool
~ Tier2 Submit
~ No software
~ Other, please specify:
If answer to #45 has check for "Tier2 Submit", then skip to #48.
46. Has vour state ever used Tier2 Submit software?
~ Yes. Please list the last reporting year Tier2 Submit was used:
~ No
47. What are the main reasons that vour state does not use Tier2 Submit? Check all that apply.
~ Does not meet needs for state-specific requirements
~ We have always used other software, and we do not want to switch
~ Other software has additional functionality that we use. Please specify the functions missing from
Tier2 Submit:
~ Don't know
~ Other (please specify):
48. Do you accept hard copy of the Tier IIform from facilities unable to submit electronically?
ED Yes
~ No
49. What is the cost for managing Tier II data both in funding and FTE on an annual basis (ifyou don't
know, please include an explanation) ?
Please provide annual funding:
Please provide number of FTEs:
50. Does your state provide one-stop filing for Tier IIforms? (i.e., the state collects the Tier IIforms from
facilities and provides access to the LEPCs and the fire departments, rather than facilities submitting
Tier IIforms to all three entities (SERC, LEPCs and the fire departments))
ED Yes
~ No
~ Other, please specify:
51. Does your State charge a fee for facilities filing a Tier IIform (i.e. Federal Tier IIform or the State
equivalent) ?
~ Yes. Please provide the fee charged and/or fee structure:
~ No
National Survey of State Emergency Response Commissions | pg. 34
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Questions #45 to #51 are related to the reporting software for collecting hazardous chemical
inventory reports under EPCRA Section 312 and the cost for managing or maintaining the state-
specific reporting software, including the reasons for not using the Tier2 Submit software
provided by EPA. The survey also requested states to report if they accept hard copies of the Tier
II form from facilities, if they have one-stop filing for Tier II reports, and if any fees are charged
to facilities for filing the Tier II report.
In response to question #45, eighteen states reported that they use Tier2 Submit as their reporting
software during the time of this survey. Eleven states reported that they use E-Plan. One of these
indicated that they also allow facilities to use Tier2 Submit. Twenty-three states use TIER II
MANAGER or a state-developed reporting software.
In response to questions #46 and #47, only a couple of states reported that they have used Tier2
Submit software previously. These states reported that they are now using state-developed or
private software because Tier2 Submit does not meet their needs.
For question #49, most states reported that there is no specific funding allocated to manage or
analyze the Tier II data, as EPCRA is an unfunded mandate. Most states reported salaries of the
personnel assigned to receive and process Tier II reports submitted by facilities, while other
states reported the maintenance or support fees charged by private reporting software companies
based on the number of facilities. A few states reported that they simply collect the Tier II
reports but do not have the resources or funding to analyze them. Twelve states did not provide
any funding information for managing the Tier II data.
In response to question #51, approximately 27 states reported that there is a fee associated with
submitting a Tier II report. This includes fees charged by University of Texas-Dallas for the E-
Plan reporting system and direct fees charged by some states based on the number of chemicals.
Some states indicated that they provide funding to their LEPCs collected under the Tier II filing
fees. One state did not respond to this question.
Responses to questions #48, #50, and #51 from each state are included in Appendix D: State
Profiles.
1.5.3 AWIA Implementation - Providing Tier II Information to the Community Water
Systems
Survey Question #52:
52. Briefly explain your process for providing access to Tier II information to the community water systems
as required by A WIA amendments.
Question #52 asked states to report their process for providing access to the Tier II information
upon request by the community water systems. EPA held AWIA workshops for the states in EPA
Regions 1, 3, 4, 5, 8, and 9 to ensure proper coordination between EPCRA state coordinators and
state drinking water agency representatives. Appendix C provides some practices shared by
several states related to how they and their LEPCs share Tier II information with the community
water systems.
National Survey of State Emergency Response Commissions | pg. 35
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Survey Questions #53 & 54:
53. Do any Tribes in your State collect Tier II information?
CD Yes
~ No
If answer to Q53 is 'No', skip to Q55
54. Does the Tribe share Tier II data with the State?
CD Yes
~ No
Only six states reported that tribes in their state collect Tier II reports and share the data with the
state. Of these, one state reported that a tribal entity submits a Tier II report to them.
1.5.4 Outreach to Inform Facilities of Reporting Obligations
Survey Question #55:
55. What type of outreach do you conduct to inform facilities of their annual reporting obligation under
EPCRA Section 312? Check all that apply.
~ Webinars
~ Mass emails
~ Phone calls
~ Conferences
~ Trade Associations
~ Direct mailings
~ Other, please specify:
CD None
Exhibit 14 shows the responses received regarding the various types of outreach that states
conduct to inform facilities of their reporting obligation. Most of the states reported that they use
a combination of several ways to conduct outreach. Five states reported that they do not conduct
any outreach, while two states reported that their LEPCs conduct outreach. A few states
indicated that they use automated email as a reminder to the facilities that complied in previous
years.
National Survey of State Emergency Response Commissions | pg. 36
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U.S. EPA Office of Emergency Management
Exhibit 14. Outreach Used to Inform Facilities of Reporting Obligations
Send mass email
Make calls to facilities
Hold conferences
Conduct webinars
Direct mailing
Industry trade associations
Other
Number of States
1.5.5 Processes to Identify New Facilities and Non-Filers
Survey Questions #56 & 57:
56. Do you have any processes in place to identify and contact facilities that have not previously reported a
hazardous chemical inventory (Tier IT), but may be subject to those requirements (e.g., entities that are
not aware of their reporting responsibilities)? If yes, please provide details.
~ Yes. Please describe the process and provide the number of facilities identified in CY2020:
~ No
5 7. Does your State have a process for identifying and contacting potential Tier II non-filers that
previously! complied with reporting requirements?
~ Yes. Please describe the process and provide the number of facilities identified in CY2020:
~ No
Questions #56 and #57 requested the states to report their methods for identifying facilities that
are non-compliant or for finding potential non-filers. In response to question #56, 18 states
reported that they have a process for identifying facilities that are not aware of EPCRA Section
312 reporting requirements, while 32 states reported that they do not have any process. One state
did not respond to this question. Responses regarding the methods states use to identify potential
covered facilities included:
When new facilities get a permit under other state programs, they receive a factsheet
of all other programs, including EPCRA.
National Survey of State Emergency Response Commissions | pg. 37
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U.S. EPA Office of Emergency Management
LEPCs call new facilities in their community to inform them of the reporting
requirements.
Field compliance specialists visit facilities and educate them about EPCRA reporting
requirements.
In response to question #57, 22 states reported that they do not have a process for identifying or
contacting facilities that reported previously but are not currently in compliance. Twenty-nine
states indicated various ways to find facilities not in compliance. Several states reported that they
mail letters, send email, and place calls to the facilities that have not filed reports in the current
year. One state reported that they found 650 facilities not in compliance, another state reported
500 facilities not in compliance, and yet another state reported they found 90 facilities not in
compliance. Here are some of the methods these states use to find non-compliant facilities:
One state has an online reporting system that can easily generate a comparison report
to see which facilities have not complied in the current year.
Some states develop a list of facilities with outdated reports. The list is generated at
the end of each reporting season. Facilities that have not updated their report are
contacted via email, phone call, letter, or by audit/inspection to verify whether they
no longer need to report.
One state has persons drive around town to spot facilities with tanks or drums stored
on their property but that have not complied with EPCRA reporting requirements.
The state then contacts these facilities and provides a factsheet or brochure with
reporting requirements. The state has brought 120 new facilities into compliance
using this method.
One state has LEPCs review previous reports and compare them to the facilities
reported in the current year. If any facilities are discovered to be not in compliance,
the relevant LEPC sends email to those facilities.
One state uses Tier II reports collected by E-Plan, which are then used to compare all
facilities that reported previously to the current year.
One state cross-reference lists of facilities by reporting year in TIER II
MANAGER.
Another state uses Tier II data manager to review and identify facilities with
outdated reports.
Some states refer potentially non-compliant facilities to EPA. If a facility is not
complying after several attempts of informing them, then the facility is referred to
EPA to take enforcement action.
National Survey of State Emergency Response Commissions | pg. 38
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1.5.6 State Enforcement Program for Tier II Non-Filers
Survey Questions #58 & 59:
58. Does your State have an EPCRA enforcement program that addresses non-filers, or do vou refer non-
filers to the EPA?
~ Has own enforcement program
~ Refer non-filers to EPA
59. Have you (the SERC) or your State taken any enforcement actions under EPCRA 326(a)(2) against any
facilities for not submitting Tier IIforms?
~ Yes. Please provide number of enforcement actions in CYs 2019 and 2020:
~ Yes, but the most recent enforcement action was prior to CY2019.
~ No
Questions #58 and #59 asked the states to report if they have their own enforcement program for
facilities that are not complying with EPCRA Section 312. Thirty-two states reported that they
refer non-filers to EPA, while 15 states indicated that they have their own enforcement program.
Two states reported that sometimes they take enforcement action and other times they refer non-
filers to EPA. Three states did not respond to question #58.
In response to question #59, only five states reported having taken an action against a facility for
not submitting a Tier II form. One state reported that their LEPC has taken actions but with
support of the SERC.
1.5.7 States' Challenges for Managing the Tier II Program
Survey Question #60:
60. What are your challenges and/or issues with managing the Tier 2 program? And how can EPA assist
in addressing those issues?
In response to question #60, states reported challenges as well as how EPA can assist in
addressing them:
Challenges: Funding/Limited Personnel
Limited staffing makes it difficult to follow up with facilities that should be
reporting or have missed a reporting deadline.
The main issue is lack of funding and personnel to do the job correctly.
It is difficult to dedicate an employee to the program without any funding.
Funding is the largest challenge to collecting, analyzing, and interpreting the Tier II
reports. Additional resources to help collect, analyze, and disseminate the data to
local, regional, and state partners would make the process more effective and
efficient and provide a better way to track the overall inventory of these materials.
Staffing and funding are inadequate.
National Survey of State Emergency Response Commissions | pg. 39
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U.S. EPA Office of Emergency Management
Request EPA's Assistance: Enforcement
Need assistance in enforcement of Tier II reporting. EPA should monitor non-
reporters and enforce non-compliance.
Request EPA's Assistance: Reporting Requirements
Some facilities in the state have headquarters in other states. The states need help to
make sure that these facilities need to check with the state that the facility is located
in to make sure they are aware of state laws that they need to comply with.
The current threshold for non-EHS chemicals is too high. This forces LEPCs to act
on their own to request information on chemicals held at lower quantities. This is a
resource drain in most communities. Establishing lower thresholds for potentially
airborne chemicals would be useful.
EPA should develop a web-based version of Tier2 Submit so managing Tier II
reports would be easier.
Some challenges include determination of what is considered a reportable substance;
for example, fertilizer and if it is retail (and therefore exempt from reporting) or non-
retail and needs to be reported.
Request Assistance from EPA: Facility Compliance
One state recommended building a partnership between SERCs and the EPA to help
identify facilities that are out of compliance and for such facilities to get
audited/inspected.
One state reported that their biggest challenge is the size of the state and knowing
what facilities are located in rural areas, particularly those without an active LEPC.
There is limited LEPC capacity to conduct outreach and limited fire department
ability to conduct facility inspections.
One state reported that their biggest issue is finding potential new facilities that have
not filed a Tier II report.
1.6 Procedures for Providing Access to the Public
As required under EPCRA Section 301, SERCs and LEPCs are required to establish processes
and procedures for providing public access to the reports submitted by facilities and including
the local emergency response plan developed by the LEPC, if requested by a member of the
public.
National Survey of State Emergency Response Commissions | pg. 40
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U.S. EPA Office of Emergency Management
Survey Questions #64:
64. What procedures does your SERC organization follow for processing public requests for information ?
Check all that apply.
ED None
~ Reading room access for the public to view EPCRA information
~ Provide the data electronically
~ Postal mail information
~ Other, please specify
In response to question #64, Exhibit 15 shows various ways states or their LEPCs provide public
access to EPCRA reports. Most of the states indicated more than one method for providing
access to information.
Exhibit 15. Methods to Provide Public Access to EPCRA Reports
Provide the data electronically
Reading room access for the public to view EPCRA
information
Postal mail information
Hard copies, on a disk, or open records act
EPCRA reports can be accessed from the state website
No process established
E
a
Number of States
1.6.1 Public Request Processing Fee & Funding and FTEs
Survey Questions #65 & 66:
65. Is there a fee for processing requests for the public, such as a photocopying charge?
~ Yes. Please provide the amount charged:
~ No
66. How much funding and FTEs are allocated to this task?
Please provide amount of annual funding:
Please provide number of FTE:
For question #65, 21 states reported that they charge a fee for photocopying if the information
requires printing more than a certain number of pages, or if information is provided on a compact
National Survey of State Emergency Response Commissions | pg. 41
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U.S. EPA Office of Emergency Management
disc or floppy disk. Of the states that charge a fee, it ranges from $0.10 to $1.00 per page. States
that provide information electronically, by email, do not charge any fee to the person requesting
the information. For question #66, all states reported that there is no funding specifically
allocated for providing information to the requestor; it is usually considered as part of a staff
person's normal duties at the state agency.
Survey Questions #67:
67. How many requests for information from the public did the SERC receive in CY2020?
Please provide a number or estimate:
In question #67, the survey asked states to report how many requests for information access they
received in CY2020. Eight states reported that they did not receive any requests from the public.
In Exhibit 16, 11 states reported that they received 1 to five requests, while four states indicated
that they get under 100 requests. One state reported that they received 600 requests in CY 2020.
Seven states did not respond to this question.
Exhibit 16. Requests Received by States in CY2020
i
<5
<100
600
Requests Received
National Survey of State Emergency Response Commissions | pg. 42
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U.S. EPA Office of Emergency Management
2. States' Challenges and Other Concerns
for Implementing EPCRA
This chapter summarizes the priorities, challenges, and other concerns reported by states in
questions #83 and #85. These questions are listed below.
2.1 States' Challenges in Implementing EPCRA
Survey Question #83:
83. What are your State's challenges in implementing EPCRA? Please rank in order of most challenging
as a '1and if not a challenge please mark as 'N/A
Lack of funding
Lack of coordination with LEPCs
Lack of technical assistance from EPA
Lack of staffing at LEPCs
Lack of leadership or motivation at LEPCs
Lack of leadership from state and local political officials
Lack of training for LEPCs
Other, please specify:
In response to this question, Exhibit 17. outlines EPCRA implementation challenges for states.
Exhibit 17. States' Challenges in Implementing EPCRA
Lack of funding
Lack of staffing at LEPCs
Lack of leadership or motivation at LEPCs
Lack of coordination with LEPCs
Lack of leadership from state and local political
officials
Lack of technical assistance from EPA
Lack of training for LEPCs
ฆ Rank 1 (Most challenging)
ฆ Rank 3
Rank 5
Rank 7
Marked but no ranking provided
National Survey of State Emergency Response Commissions | pg. 43
19
8 5
211 4
12
9
19
5
3 11 3
11
7
7 6
6 2 3 12
18
2 2 6
4 7 12
28
EE 6 7 14 1
29
[021 4
4 12
35
3 8 122
25
Number of States Reported
ฆ Rank 2
Rank 4
Rank 6
Rank 8 (Least challenging)
N/A
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U.S. EPA Office of Emergency Management
Funding is a major challenge for many states and the lack thereof, can send the message that
EPCRA implementation is not important. States expressed that local governments prioritize
activities with funding or enforcement consequences. Local authorities focus on their own
priorities and local responders and planners address the priorities of their elected officials.
A few states reported challenges that are not listed in question #83, (including ranking):
(Rank 1
(Rank 1
(Rank 1
(Rank 1
(Rank 1
(Rand 1
(Rank 2
(Rank 2
(Rank 2
- Limited resources for local planners and responders in remote areas.
- Difficulty in keeping LEPCs active when releases occur infrequently.
- Confusion over EPCRA requirements and all-hazards planning.
- Confusion over LEPC responsibilities.
- Not all LEPCs are associated with particular municipalities.
- Competing non-LEPC priorities for LEPC members.
- Competing priorities, including COVID-19 response.
- Turnover of LEPC membership.
- Lack of SERC staff.
Additional unranked concerns include:
Lack of training for SERC members.
No funding for a web-based reporting system.
Fully staffing/implementing EPCRA with volunteers (such as volunteer fire
departments or Regional Review Committees).
2.2 LEPCs' Challenges and How to Address Them
Survey Question #85:
85. If you or any of your LEPCs are currently experiencing any challenges in implementing EPCRA and
its requirements, what would it take to address those challenges?
Question #85 asked SERCs to provide ways to address challenges faced by both states and
LEPCs.
F unding/Staffing
Increase staffing.
Additional funding to provide training for new LEPC members and to develop
refresher courses on LEPC roles, responsibilities, and statutory requirements.
Increased regionalism of LEPCs (combining small LEPCs or based on low risks in
the community) to coincide with other emergency planning district jurisdictions;
may require dedicated staff at the state or local level.
Regionalizing the LEPCs would allow the SERC to better manage and support the
communities and to gain participation while supporting the smaller communities.
National Survey of State Emergency Response Commissions | pg. 44
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U.S. EPA Office of Emergency Management
Create an HMEP grant-like program or another sustained funding option for fixed
facilities to encourage stronger growth in the LEPCs and better training for first
responders.
Dedicated funding for the planning of chemical/hazardous materials exercises and a
dedicated practitioner to plan, lead, and evaluate the exercises.
Provide funding for a web-based reporting application, which would free up staff to
address other program issues.
Provide funding to improve structure of SERC.
Provide LEPC staff for onsite visits and audits.
Change state laws to raise the fees that fund the EPCRA program.
Improve cooperation between state agencies that implement EPCRA.
Guidance/Training
Enhance agency leaders' understanding of their role to provide foundational
guidance for the program.
Provide more guidance on how LEPCs can implement EPCRA.
Provide more training/guidance/resources to increase understanding of the EPCRA
program at the state and local level, including LEPCs and local responders.
Have EPA representatives attend local district/regional meetings to ground truth
EPCRA implementation.
Have EPA provide on-line EPCRA training for county LEPCs and industry.
Share best practices for SERC operations with no or low funding.
Participation/ Representation
Have EPA provide guidance to SERCs on their role, responsibilities, best practices.
Share LEPC best practices for increasing engagement with member agencies.
Best practices and assistance for SERCs to ensure LEPCs follow state and federal
laws.
Compliance/Especially with Hazmat
Identify a "champion" to help LEPCs meet their EPCRA requirements.
Establish enforcement capability at the state level to ensure EPCRA compliance at
the local level.
Involve multiple agencies/groups in discussions about compliance.
2.3 Additional Concerns and Comments Provided by States
Survey Question #86:
86. If there is anything else you would like to share, please include here:
National Survey of State Emergency Response Commissions | pg. 45
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The last question in the survey asked the states to provide any additional concerns they may have
about EPCRA implementation or EPCRA generally, which were not covered in the survey. A
few states provided the following as requested by question #86:
F unding/Staffing
Need staff dedicated to the EPCRA program, but are limited by a to lack of funding.
Compliance
States need stronger enforcement options than withholding Tier II funds for LEPCs
without EHS plans.
Hold quarterly meetings with EPA and the states to collaborate and discuss EPCRA
program successes/challenges, etc.
Clarify EPCRA roles and responsibilities for SERCs, LEPCs, and local entities.
National Survey of State Emergency Response Commissions | pg. 46
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U.S. EPA Office of Emergency Management
3. Best Practices in Implementing EPCRA
This section of the report discusses some of the best practices that states follow to implement the
EPCRA program. In addition, this section discusses types of resources provided to LEPCs in
meeting their requirements under EPCRA. Several states requested that EPA share best practices
collected in the survey. EPA encourages those states facing challenges to adopt successful
practices shared by states with robust EPCRA programs.
3.1 States' Best Practices and Resources Provided for LEPCs
Survey Questions #82 & 84:
82. What are the best practices used and resources provided in your state to implement EPCRA? Check all
that apply.
~ Regular meetings to discuss challenges and best practices
~ Ensure that every planning district has an emergency response plan
~ Sufficient resources (i.e., funding, manpower) to assist LEPCs
~ Sufficient resources for your own operations
~ Provide training
~ Assist LEPCs in communicating risk to the community
~ Hosting/Sponsoring tabletop exercises
~ Other, please specify:
84. In addition to information provided in 0#82, please share other practices that make your EPCRA
program successful.
Question #82 asked the states to indicate their best practices for implementing the EPCRA
program (see Exhibit 18). In response to question #84, a few states provided additional practices
that make their program successful and indicated they are planning certain activities to reinstate
the EPCRA program and provide funding and technical assistance to LEPCs to meet their
responsibilities under the law.
National Survey of State Emergency Response Commissions | pg. 47
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U.S. EPA Office of Emergency Management
Exhibit 18. Best Practices Used and Resources Provided to Implement EPCRA
Provide training
Ensure that every planning district has an emergency
response plan
Regular meetings to discuss challenges and best practices
Assist LEPCs in communicating risk to the community
Hosting/ Sponsoring tabletop exercises
Sufficient resources (i.e., funding, manpower) to assist
LEPCs
Sufficient resources for your own operations
Number of States
In addition to indicating successful practices for the items listed in the survey, some states
provided the following activities that make their EPCRA program successful:
LEPC Meetings/Conferences/Outreach/Training/Establish Regional LEPCs
Hold direct meetings with LEPCs on their turf and annual LEPC conferences.
Hold conferences, workshops, webinars, tutorials, education, outreach/marketing and
one-on-one contact and technical assistance with regulated facilities and LEPCs.
Provide technical assistance, education outreach and an emergency management
approach, promoting why EPCRA is important to regulated facilities, and the local
community (e.g., workers, residents, fire departments, LEPC and the state etc.) to
Hold annual webinars for LEPCs and industry on old and updated EPCRA
requirements.
SERC outreach to all LEPCs, workshops, and other trainings; SERC staff attends
most LEPC meetings. SERC holds Tier II Stakeholder meetings for facilities that are
subject to EPCRA.
Annual state-hosted LEPC conference that allows LEPCs to share information and
get their questions answered.
SERC-member visits to LEPCs to show support to elected officials.
Have regional LEPCs, which allows better use of funding, emergency planning, and
resource allocation than having on LEPC per county.
Launched very good outreach programs.
EPCRA.
Funding
National Survey of State Emergency Response Commissions | pg. 48
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U.S. EPA Office of Emergency Management
Provide funding to LEPCs from fees collected for filing EPCRA reports.
Offer field assistance to the regulated community and LEPCs.
Require annual exercises from all LEPCs and annual plan submission for review by
the SERC.
Industry-funded State Hazmat Grant Program.
Use the DOT-HMEP program to ensure that every planning district has an
emergency response plan.
Provide financial assistance for operations, planning, training, and equipment.
Use grant money to develop an EPCRA compliant hazmat template for
communities.
Provide strong assistance to LEPCs. The state has an annual exercise requirement
and has a filing fee schedule that in turn helps provide funding to statewide LEPCs.
Provide Tier 2 reporting instructions/videos on the state website, referencing EPA's
EPCRA website for resources. The state has provided Tier 2 reporting training at
LEPC meetings at the Governor's Safety Summit and at the LEPC Western Regions
Conferences. Staff at the State Fire Marshal's Office regularly provide Tier 2 and
release reporting training to LEPCs and emergency management groups.
Tier II Reporting Software and Fee System
Have a fee system for filing Tier II reports that funds the SERC/LEPC and
supporting groups.
Mandate single point submission and electronic collection system. Ensure LEPCs
know how to use data and distribution to the Fire Departments. Provide funding for
distribution of Tier II Data. Provide training and aid to LEPCs on Tier II Data.
Use the online database to easily manage and share data.
Have an electronic reporting system, a statewide regional HazMat Teams program
covering the entire state, to help manage Tier II reporting. Have dedicated staff with
the primary (exclusive) goal of assisting LEPCs in accomplishing their mandates.
Mandate electronic reporting for Tier II submissions so more compliance is evident
from the reporting facilities. In addition, LEPCs and emergency management
Coordinators are using this data more in emergency response planning, training
exercises and actual responses.
Use of E-Plan is vital to our success as it is easy track or review the data.
Convey importance of EPCRA compliance to the facilities and LEPCs in our state.
Good Working Relationships & Assistance to LEPCs
Distribute all rule, guidance, and policy documents to the regulated community as
well as LEPCs.
National Survey of State Emergency Response Commissions | pg. 49
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U.S. EPA Office of Emergency Management
Provide training on CAMEO/Marplot/Aloha/Tier2 Submit to LEPCs and fire
departments.
Have good relationships with local communities.
Explore ways to provide local agencies with more direction on EPCRA and EPCRA
compliance.
Provide quality customer service and assistance provided to facilities with single
point of contact for the program.
Spend a lot of time working directly with our LEPCs with the hazmat staff at our
emergency management.
Have three full-time employees with day-to-day responsibilities for LEPCs.
Connect with LEPCs and provide them with the right resources.
Having a deep working relationship with LEPCs allows both agencies to help answer
questions from the communities regarding LEPCs, the work of the LEPCs, and the
importance of pre-planning and information sharing.
Plant to hold regional workshops for LEPCs to map out their baseline EPCRA
requirements with a new LEPC Handbook we developed. Provide state funded
grants, the annual Tier II fees collected by the state, to the LEPCs to support them in
this process.
Establish workgroups and sub-workgroups, including, EPCRA Advisory
Workgroup, WHOPRS25 Subgroup, Planning Subgroup, and Grant Subgroup to
tackle issues.
25 Wisconsin Hazmat Online Planning and Reporting System
National Survey of State Emergency Response Commissions | pg. 50
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U.S. EPA Office of Emergency Management
4. EPCRA Implementation Assistance for
SERCs and LEPCs
In addition to requesting states to report their challenges and best practices, question #81 of the survey
asked the states to indicate what type of EPCRA implementation assistance they are seeking from EPA
for SERCs and LEPCs.
Survey Question(s) #81:
81. How can EPA better assist SERCs and LEPCs with implementing EPCRA ? Check all that apply.
CD Host conferences for SERCs and LEPCs
~ Provide more training materials. What types of training?
~ Provide additional guidance materials for SERCs or LEPCs. Please describe additional
guidance requested:
~ Provide collaboration tools/platforms for SERCs and LEPCs to share information
CD Other:
Exhibit 19 provides the responses EPA received for each of the categories listed.
Exhibit 19. Types of Assistance Requested from EPA to Implement EPCRA26
ฆ Applies bN/A "No response
Host conferences
36 8 7
Collaboration tools/ platforms to share information
26 18 7
Additional guidance materials
19 25 7
More training materials
15 27 9
Number of States
The types of training and/or guidance requested by states included:
26 One state did not respond to this question.
National Survey of State Emergency Response Commissions | pg. 51
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U.S. EPA Office of Emergency Management
Develop an updated LEPC handbook27, a guidance document for SERCs to ensure
that they are doing everything as required by law.
Participate in SERC meetings and provide an overview of the EPCRA statute,
including, SERC & LEPC responsibilities.
Provide training on roles and responsibilities for SERCs and LEPC members and
provide training materials28.
Provide guidance on EPCRA requirements and why EPCRA is important to
emergency management. Turnover is high at LEPCs29, continuous training is
required to educate folks.
Provide how hazmat planning fits into all-hazards planning for the whole
community.
Provide guidance on how LEPCs should develop plan under EPCRA section 303
without duplicating planning efforts already in place in their communities.
Revisit and restore many of the historic guidance documents.
Provide best practices from states that have robust EPCRA program.
Clarify grey areas within the law and close loopholes.
Develop more guidance on exemptions30, which is always confusing. Examples:
fertilizers, underground fuel tanks.
Share sample By-Laws developed by from SERCs or LEPCs.
Provide best ways to keep your LEPC active.
Host Regional SERC communication call and continue those that already occur.
Provide positive incentives for facilities to participate instead of just sanctioning
them for not complying.
Continue to upgrade Tier2 Submit and develop a web based Tier2 Submit
application with needed coding that states can utilize.
Coach state staff and encourage use of EPA resources.
Develop How To Comply Template/Pamphlet.
Develop training to include how a successful SERC should perform and how to
assist locals with developing ERPs.
27 EPA developed a National LEPC-TEPC Handbook since we issued the survey.
https://www.epa.gov/epcra/national-lepc-tepc-handbook
28 EPA developed a comprehensive on-line training for state, tribal, and local implementing agencies on EPCRA
reporting requirements for facilities and responsibilities for implementing agencies.
https://www.epa.gov/epcra/epcra-non-section-313-online-training-states-tribes-lepcs-local-planners-and-
responders
29 EPCRA developed an introductory video which would benefit new LEPC or SERC members on why EPCRA is
important, https://www.epa.gov/epcra/protecting-communities-chemical-accidents-emergencv-planning-and-
communitv-right-know-act
30 Frequently asked questions, scenarios, including EPCRA exemptions are posted on EPA's website.
https://www.epa.gov/epcra/emergencv-planning-and-communitv-right-know-act-frequent-questions
National Survey of State Emergency Response Commissions | pg. 52
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U.S. EPA Office of Emergency Management
Provide funding for the Planning of Chemical / Hazardous Materials Exercises and a
dedicated Practitioner to Plan, Lead and Evaluate the Exercises.
National Survey of State Emergency Response Commissions | pg. 53
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U.S. EPA Office of Emergency Management
5. Environmental Justice Screening
An environmental justice screening was conducted for the LEPCs that noted they are inactive or
unknown based on responses provided to survey question #23 (see Appendix B for the map of
active, inactive, and unknown31 LEPCs). Census block group statistics from EPA's
Environmental Justice Screening and Mapping Tool (EJScreen) were aggregated to the county
level and matched to the LEPCs. Statistics on the percent persons of color and percent low-
income in each inactive and unknown LEPC were calculated from these data.
Limitations
The results of this survey and EJ screening do not show which communities are
disproportionately impacted by increased risks to hazardous chemicals. To conduct that kind of
analysis, the EPA would need the chemical inventory data which facilities submit to their LEPCs
and SERCs. However, the presence of an active versus inactive LEPC could be an indicator that
the community is not receiving information on the risks of chemical hazards. We do not know if
these communities are not being prepared for a chemical release as such preparation may be
required by other agencies. We also do not know the degree to which such preparation is being
communicated to the community.
Methodology
Data Source: https://gaftp.epa.gov/E JSCREEN/2022/
o Technical documentation: https://www.epa.gov/sites/default/files/2021-
04/documents/ei screen technical document.pdf
Dataset downloaded: EJSCREEN_2022_Full_with_AS_CNMI_GU_VI.csv
o This dataset contains block group level statistics which we aggregated into county
level statistics
o Data calculated based on 2013-2017 5-year summary file, American Community
Survey (ACS)
Data fields used for analysis:
o Column E: CNTY_NAME (County Name)
o Column G: ACSTOTPOP (Total Population)
o Column N: MINORPOP (People of Color)
ฆ People of color is defined as the number or percent of individuals in a
block group who list their racial status as a race other than white alone
and/or list their ethnicity as Hispanic or Latino. That is, all people other
than non-Hispanic white-alone individuals.
o Column P: LOWINCOME (Low Income)
ฆ Low-income is defined as the number of percent of a block group's
population in households where the household income is less than or equal
to twice the federal 'poverty level.'
31 States were asked to mark any LEPCs on the list EPA provided as "unknown" if the states are unaware of the
LEPC existence or if the states could not reach the LEPC.
National Survey of State Emergency Response Commissions | pg. 54
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U.S. EPA Office of Emergency Management
Derived from this table:
https://factfinder.census.gOv/bkmk/table/l.0/en/ACS/17 5YR/C17
002/0100000US
Statistics computed (county-level):
o Percent minority: Column N / Column G
o Percent low-income: Column P / Column G
o Percent difference minority: represents the difference between the percent
minority for the county and the percent minority for the entire country
ฆ Formula: (county minority pet - national minority pct| / [.5 * (county
minority pet + national minority pet)]
o Percent difference low-income: represents the difference between the percent
low-income for the county and the percent low-income for the entire country
ฆ Formula: (county low-income pet - national low-income pct| / [.5 *
(county low-income pet + national low-income pet)]
Assumptions
Massachusetts, New Jersey, and New Hampshire organize LEPCs on a town level rather than a
county level. As this was a county-level analysis, if any of those town LEPCs within the county
they reside were classified as inactive or unknown, then the county-level analysis was
performed. There were not any situations where a given county has a mix of towns that were
both inactive and unknown. Thus, additional considerations did not have to be made to determine
if the county should be classified as inactive or unknown.
Results
Overall Statistics
The statistics for percent persons of color and low-income in inactive and unknown LEPCs is
shown in Exhibit 20 in comparison to the national statistics for percent persons of color and low-
income in the United States.
Exhibit 20. Environmental Justice Statistics
Metric
National Statistics
Inactive and Unknown
LEPCs Combined
Persons of Color
40.49%
41.37%
Low-income
29.48%
29.66%
Detailed Inactive I Inknown LEPC Statistics32
32 There are 2,554 Active LEPCs and 1,236 Inactive and Unknown LEPCs; 635 LEPCs are listed as inactive while the status of
601 LEPCs are unknown. As noted above in the Assumptions section, the EJ analysis was conducted at the county level.
However, some LEPCs are comprised of township or regional boundaries rather than county boundaries. For example, LEPC
township boundaries were consolidated to a county level and regional LEPC boundaries were broken out into their constituent
counties. As such, the total number of inactive or unknown LEPCs is higher than the total number of counties used in the
analysis.
National Survey of State Emergency Response Commissions | pg. 55
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U.S. EPA Office of Emergency Management
Inactive LEPC Status Statistics
86 out of 635 (13.5%) LEPCs classified as inactive are in the 80th percentile or above
nationally for minority population (by percentage of total county population)
106 out of 635 (16.7%) LEPCs classified as inactive are in the 80th percentile or above
nationally for low-income population (by percentage of total county population)
69 out of 635 (10.9%) of LEPCs classified as inactive are in the 80th percentile or above
nationally for both minority population and low-income population (by percentage of
total county population)
Unknown LEPC Status Statistics
74 out of 601 (12.3%) LEPCs classified as unknown are in the 80th percentile or above
nationally for minority population (by percentage of total county population)
46 out of 601 (7.7%) LEPCs classified as unknown are in the 80th percentile or above
nationally for low-income population (by percentage of total county population)
33 out of 601 (5.5%) of LEPCs classified as unknown are in the 80th percentile or above
nationally for both minority population and low-income population (by percentage of
total county population).
National Survey of State Emergency Response Commissions | pg. 56
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U.S. EPA Office of Emergency Management
6. Conclusions
The survey responses indicate that many states have challenges meeting responsibilities under
EPCRA, mainly due to lack of funding and staffing resources at LEPCs. In addition, other
priorities, including the COVID-19 pandemic, natural disasters, etc. contribute to the challenges
LEPCs face to meet EPCRA requirements. This includes updating emergency response plans and
conducting exercises to prepare for potential chemical emergencies.
SERC Priorities and Challenges for Implementing those Priorities
The top priorities for SERCs are shown in Exhibit 21 below.
Exhibit 21. SERC's Priorities for Implementing EPCRA33
SERCs' Priorities for Implementing EPCRA
MANAGE AND
ANALYZE
TIER II DATA
ASSIST LEPCs IN
DEVELOPING AND/OR
EXERCISING
RESPONSE PLANS
ASSISTED FACILITIES
IN COMPLYING WITH
EPCRA
29
states
25
states
21
states
Number of states that ranked these priorities first and second.
Exhibit 22 below shows priorities not met due to lack of funding. Lack of funding or other
resources equates to not being able to support LEPCs, the key stakeholders in developing
emergency response plans to protect the community from chemical accidents. As illustrated in
Exhibit 4 in section 1.1.4 of this report, approximately 23 states reported that they do not have an
operating budget to carry out responsibilities under EPCRA.
31 See Exhibit 6 to view full data chart.
National Surv ey of State Emergency Response Commissions | pg. 57
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U.S. EPA Office of Emergency Management
Exhibit 22. Lack of Funding34
A Lack of Funding Limited SERCs' Ability to Meet Priorities
21
states not able to
ASSIST LEPCs IN
DEVELOPING
AND/OR
EXERCISING
RESPONSE PLANS
21
states notable to
ASSIST LEPCs WITH
FACILITY INSPECTIONS
12
states not able to
ANALYZE TIER II DATA
17
states not able to
ASSIST LEPCs WITH
COMMUNICATING RISK
TO PUBLIC
6
states notable to
ASSIST FACILITIES IN
COMPLYING WITH EPCRA
The survey also asked the states to report challenges they face in implementing the EPCRA
program. Exhibit 23 shows lack of funding and lack of staffing at LEPCs as the two top ranked
items that states struggle with in implementing EPCRA.
34 See Exhibit 8 for the full data chart.
National Surv ey of State Emergency Response Commissions | pg. 58
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U.S. EPA Office of Emergency Management
Exhibit 23. States' Challenges in Implementing EPCRA35
States' Challenges in Implementing EPCRA
LACK OF STAFFING
AT LEPCs
O^O
rm rm
vฐ ;
xrnr
LACK OF FUNDING
LACK OF LEADERSHIP
OR MOTIVATION AT
LEPCs
O l:
5
28
states
27
states
14
states
Number of states that ranked first or second most challenging.
What We Learned
Most states are operating with little or no budget. States commented that EPCRA is an unfunded
mandate with many responsibilities so most are facing challenges in implementing the program,
specifically, supporting LEPCs to develop a chemical emergency response plan and conduct
exercises to ensure the plan can be activated during a chemical emergency. In addition, due to
lack of funding, many states are not able to analyze the Tier II reports received annually to assist
or train LEPCs and first responders in planning for potential accidents involving hazardous
chemicals in their community.
While some states receive DOT HMEP grants, there are restrictions on how the funding should
be used, which is mainly limited to transportation planning and emergency preparedness. While
HMEP grants are used for planning and exercising for transportation related incidents, there are
no federal funding sources available to plan for potential chemical accidents at fixed facilities.
Furthermore, a few states commented that while EPCRA is an important statute, SERCs and
LEPCs have limited resources (or staffing) so they are moving towards a focus on all-hazard
preparedness or similar programs that benefit the entire community. These states requested
35 See Exhibit 17 for the full data chart.
National Survey of State Emergency Response Commissions | pg. 59
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U.S. EPA Office of Emergency Management
support from EPA to prepare for chemical disasters as well as other hazards faced by the
communities.
States also expressed additional concerns with the recent amendments to EPCRA under AWIA,
which placed additional responsibilities on SERCs and LEPCs without providing resources to
meet these additional requirements. Several states requested funding to meet these additional
requirements to ensure timely notifications are given to the State Drinking Water Primacy
Agency or the Community Water Systems to ensure communities are protected from receiving
contaminated drinking water from chemical releases.
In addition to managing reports received under EPCRA, SERCs and LEPCs are also required to
provide access to these reports to the public. With limited resources states and local agencies also
have to respond to requests from the public, including from consultants auditing covered
facilities, which imposes additional burden on these implementing agencies. The survey
responses indicated that states and local implementing agencies are facing many challenges in
meeting the requirements of the 1986 EPCRA legislation and its recent amendments under
AWIA to keep communities safe from potential chemical hazards. The other primary challenge
noted was lack of staffing at some LEPCs, particularly those in rural regions where first
responders and emergency management officials have many responsibilities. Potential chemical
hazards also exist in these areas, therefore more focus must be placed on these communities.
Recommendations and Next Steps
As requested by many states, this report includes best practices in implementing EPCRA and its
amendments under AWIA. States that are facing challenges are encouraged to review the report
and follow other states' practices, including how they assist LEPCs in meeting their
responsibilities under EPCRA, provide funding, training, etc. Several states reported that they
combined their LEPCs to form regional LEPCs to better manage them and to offer better
assistance. States with large number of LEPCs is encouraged to model after the states that
reduced their number of LEPCs. Several states reported that their LEPCs are now encouraged to
develop all-hazards plan which EPA support, however, we strongly recommend that chemical
emergency response plan should be part of that plan as potential chemical risks exist in almost
every community. The Agency may conduct another survey in a few years.
National Survey of State Emergency Response Commissions | pg. 60
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U.S. EPA Office of Emergency Management
Resources
Several states requested EPA to develop guidance documents, interpretation of statutory
exemptions, training, etc. to assist SERCs and LEPCs better understand the requirements and
their implementation responsibilities under the statute. The following resources are currently
available on EPA's website, https://www.epa.gov/epcra.
SEPA
United States
Environmental Protection
Agency
Search EPA.gov
Environmental Topics v Laws & Regulations v Report a Violation v About EPA v
Emergency Planning and Community Right-to-
Know Act (EPCRA)
The Emergency Planning and Community Right-to-Know Act fEPCRA) of 1986 was created to help
communities plan for chemical emergencies. It also requires industry to report on the storage,
use and releases of hazardous substances to federal, state, and local governments. EPCRA
requires state and local governments, and Indian tribes to use this information to prepare
for and protect their communities from potential risks.
Learn About EPCRA
Tier I and II
Reporting Forms
and Instructions
EMERGENCIES
&EPA
Report oil or
chemical spills at:
800-424-8802
Add this widect to vour website.
EPCRA Video
https://www.epa.gov/epcra/protecting-communities-chemical-accidents-emergencv-planning-and-communitv-
right-know-act
This training video aims to raise awareness of the Emergency
Planning and Community Right-to-Know Act (EPCRA) to new
generations of planners and responders. state, tribal, and local
political officials, emergency management leadership and the
public. It presents a basic level of understanding of the roles
and requirements of EPCRA to maintain effective participation
to protect communities from chemical accidents.
Protecting Communities from Chemical Accidents:
National Surv ey of State Emergency Response Commissions | pg. 61
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U.S. EPA Office of Emergency Management
EPCRA Factsheet & Quick Guide
These documents provide an overview of the Emergency Planning and Community Right-to-Know Act
(EPCRA) and its reporting requirements.
EPCRA Factsheet
https://www.epa.gov/sites/default/files/2020-
IQ/documents/epcra quick reference fact sheet.pdf
v :
Emergency Planning and
Community Right-to-Know Act
EPCRA Quick Guide
https://www.epa.gov/sites/default/files/2020-
10/documents/guide to epcra.pdf
Guide to the Emergency Planning
and Community Right-to-Know Act
//A
National LEPC-TEPC Handbook
https://www.epa.gov/epcra/national-lepc-tepc-handbook
EPA developed this national handbook as a resource for local and
tribal emergency planning committees (LEPCs and TEPCs) to
strengthen community preparedness for accidental chemical
releases. It compiles and expands upon existing guidance materials
for the Emergency Planning and Community Right-to-Know Act
(EPCRA) and its amendments under the America's Water
Infrastructure Act (AWIA' of 2018.
This resource will be particularly helpful for new members of tribal
and local organizations responsible for implementing EPCRA and for
communities that may deal with chemical accidents.
Comprehensive EPCRA On-line Training
https://www.epa.gov/epcra/epcra-non-section-313-online-tralning-states-tribes-lepcs-local-planners-and-
responders
This training describes the requirements of the Emergency Planning and Community Right-to-Know Act
(EPCRA). It provides the implementing regulations and guidance for agencies to fulfill the responsibilities
prescribed in the law and prepares them to provide compliance assistance to facilities.
National Surv ey of State Emergency Response Commissions | pg. 62
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U.S. EPA Office of Emergency Management
Participants will learn:
The history of EPCRA;
The requirements for state, tribal, and local agencies to prepare and protect the community
from chemical emergencies;
The requirements for industry to report the storage and releases of certain chemicals; and
The release reporting requirements under the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) as they relate to the EPCRA emergency release
reporting requirements.
EPCRA: Welcome, History, and Overview
SEPA
Lesson 0: Introduction
Course Introduction and Overview
Welcome to the Emergency Planning and Community Right-to-Know Act (EPCRA) Online Training.
This online training is designed for state, tribal, and local agencies to be familiar with the
requirements of EPCRA, its implementing regulations and guidance to fulfill these agencies'
responsibilities prescribed in the law, and better prepare them to provide compliance assistance
to facilities. During this course, participants will learn the history of EPCRA; the requirements for
state, tribal, and local agencies to prepare and protect the community from chemical
emergencies; and its requirements for industry to report the storage and releases of certain
chemicals.
Participants will also learn release reporting requirements under the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA) as they relate to the EPCRA
emergency release reporting requirements. This training does not cover EPCRA Section 313 toxic
* JQ. \
chemical release inventory reporting provisions, which are managed by the Environmental
Protection Agency's (EPA) Office of Environmental Information (OEI).
This course will also provide guidance and reference materials to help state, tribal, and local agencies to implement provisions of EPCRA.
Select Next to continue.
Resources
^ Previous
Page 1 of 7
Next ^
Frequently Asked Questions
https://www.epa.gov/epcra/emergencv-planning-and-communitv-right-know-act-frequentciuestions
This page has the top questions you may have about these topics.
Emergency Planning (EPCRA 301-303)
MSDS / Tier II Reporting (EPCRA 311/312)
Release Notification (EPCRA 304/CERCLA 103)
Other EPCRA
Tier2 Submit & CAMEO
EPCRA Regional Contacts
https://www.epa.gov/epcra/epcra-regional-contacts
EPCRA Regional Contacts
ฉ
o
National Surv ey of State Emergency Response Commissions | pg. 63
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U.S. EPA Office of Emergency Management
Appendices
National Survey of State Emergency Response Commissions | pg. 64
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U.S. EPA Office of Emergency Management
Appendix A
Survey Questions
The following questions were emailed to the SERCs in all states and territories upon approval
from the Office of Management Budget (OMB) for the collection of the survey.
2021 SERC Survey
OMB Control No. 2050-0224 Expiration Date: 10-31-2024
This collection of information is approved by OMB under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. (OMB Control
No. 2050-0224). Responses to this collection of information are voluntary. An agency may not conduct or sponsor, and a person
is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The public
reporting and recordkeeping burden for this collection of information is estimated to 4.0 hours per response. Send comments on
the Agency's need for this information, the accuracy of the provided burden estimates and any suggested methods for minimizing
respondent burden to the Regulatory Support Division Director, U.S. Environmental Protection Agency (2821T), 1200
Pennsylvania Ave., NW, Washington, D.C. 20460. Include the OMB control number in any correspondence. Do not send the
completed form to this address.
Privacy Act Statement
None of the information collected under this ICR is expected to be considered Personally Identifiable Information (PII) or
Confidential Business Information (CBI).
Purpose
The U.S. Environmental Protection Agency ("EPA" or "Agency") is conducting this survey of
the State Emergency Response Commissions (SERCs) in each State and territory of the United
States. The purpose of this survey is to gather information on the implementation of the
Emergency Planning and Community Right-to-Know Act (EPCRA), including best practices,
challenges and gaps. After the survey is completed, EPA will publish the results and determine
options on how to assist SERC organizations to meet their EPCRA responsibilities.
Survey Background
EPCRA established SERCs and Local Emergency Planning Committees (LEPCs) and assigned
implementation responsibilities to these state and local organizations. SERCs have primary
responsibility to ensure that each emergency planning district has a comprehensive emergency
response plan to protect the community and mitigate the devastating effects of chemical
accidents similar to those in West Texas36 and Bhopal, India.37
Tribal Emergency Response Commissions (TERCs) have the same responsibilities as SERCs,
and Tribal Emergency Planning Committees (TEPCs) have the same responsibilities as LEPCs.
If a Tribe does not have the resources to implement EPCRA, it may sign a Memorandum of
Understanding (MOU) with their state to implement EPCRA in the tribal region. This survey
includes questions to identify how tribes meet EPCRA responsibilities including whether:
tribes that have an agreement with their SERC to implement the program;
TERCs have joined any LEPCs; and
36 An ammonium nitrate explosion killed 15 first responders at the West Fertilizer Company, West Texas, April 2013.
37 EPCRA was enacted on October 17, 1986 in response to concerns raised by the major industrial accident that occurred in 1984
in Bhopal, India, which killed more than 3,000 people and left thousands more disabled.
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any TERCs are members of their SERC organization.
In October 2018, the release notification and hazardous chemical reporting provisions of EPCRA
were amended under America's Water Infrastructure Act (AWIA; PL 115-270). These
amendments assigned additional requirements to SERCs: (1) provide prompt notification of any
reportable release under EPCRA Section 304 to the State Drinking Water primacy agency or the
community water systems whose source water is affected, and (2) provide access to Tier II
information (i.e., hazardous chemical inventory data) to the community water systems upon
request.
Questions in this survey are intended to gather information on SERC's current practices related
to implementing EPCRA as well as the amendments enacted by AWIA. EPA is eager to learn
best practices from states with successful EPCRA programs that we can share with states
currently facing challenges in implementing the program. This survey will also identify the
challenges experienced by other states. EPA will use this information to better assist states to
implement their EPCRA programs.
Survey questions are organized by major EPCRA provisions. Requirements under each provision
are identified in each section, with questions related to the following:
SERC Organization
EPCRA Section 302 (Emergency Planning Notification)
Establishment of Local Emergency Planning Committees (EPCRA Section 301) and
EPCRA Section 303 (Emergency Response Plans)
EPCRA Section 304 (Emergency Release Notification)
EPCRA Section 312 (Emergency and Hazardous Chemical Inventory Form, "Tier
II" reporting)
EPCRA Section 313 (Toxics Release Inventory Reporting)
Public Access to information under EPCRA
Software Tools for SERCs, LEPCs, and Emergency Responders
Other EPA resources for SERCs, LEPCs, and Emergency Responders
Challenges and Successes
I. Questions related to SERC Organization
In this initial section, the questions focus on how the SERC in your state is organized.
EPCRA Section 301 requires the establishment of SERCs, local emergency planning districts
and LEPCs. Additionally, EPCRA Section 301 specifies certain responsibilities for SERCs,
including:
supervising and coordinating the activities of the LEPCs,
establishing procedures for receiving and processing requests from the public for
information available under EPCRA, and
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designating an official to serve as the coordinator with the responsibility of
providing information collected under EPCRA to the public and other state and local
government officials.
EPCRA Section 321 allows states to develop and/or implement their own State right-to-know
program provided that it is more stringent than the Federal EPCRA program (Ex: additional
chemicals, lower reporting thresholds, etc.).
1. List all entities (e.g., name of the State agency or department, private industry or other
non-government representatives, etc.) that make up your SERC organization.
2. Please provide the name(s) of the State agency or department, or other non-government
representative(s) that manages the following:
~ SERC chair
IZI Supervision of LEPCs and their activities (ex: conducting exercises; attend meetings
with community; assist in explaining potential risks to the community)
~ Review of emergency response plans
IZI Receipt of Emergency Release Notifications (Initial Telephone Notification)
CI Receipt of Emergency Release Notifications (Follow-up Written Reports)
CI Receipt of Hazardous Chemical Inventories (Tier II or State equivalent)
CI Receipt and processing of public request for EPCRA
information
3. How was your SERC formed?
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~ By State Law
~ By Governor's Executive Order
~ By Governor's memo/letter
~ Other:
4. Does your SERC have by-laws that establish how it should implement EPCRA?
IZI Yes
~ No
5. If your SERC has by-laws, what do they include? Check all that apply. If possible,
please attach a copy of your by-laws with this survey.
IZI Delegation of responsibility and authority to all SERC members,
~ Identification of who should manage information received from facilities (e.g. Tier II
reports; release notification and follow-up written reports, etc.),
CI Description of how to assist LEPCs with their responsibilities under EPCRA,
~ Other, please provide a brief description.
On average, how many meetings does your SERC hold annually?
Number of meetings:
How do you communicate with your LEPCs? Check all that apply.
~ Personalized emails
CI Group emails
~ Phone calls
~ In-person meetings. Please specify frequency:
~ Conferences. Please specify frequency and the date of your most recent conference:
~ Other, please specify:
8. If there are any Tribes in your state, have any established Tribal Emergency Response
Commissions (TERCs) that implement EPCRA?
~ Yes (how many?):
~ There are no tribes in my state
~ There are tribes in my state, but none have established TERCs
~ Don't know
6.
7.
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9. Are there any Memoranda of Understanding between the Tribe(s) and the State
requesting that the State implement EPCRA for the Tribe(s)? If the answer is "Yes",
please attach a copy of the MOU(s).
IZI Yes
~ No
10. Are any Tribal Representatives part of any LEPC in your State?
IZI Yes
~ No
~ Don't know
11. What sources of funding are available to your SERC organization to implement the
EPCRA program? Check all that apply.
~ State appropriated funds
~ Federal grants. If yes, please list types:
~ Tier II filing fees
~ Other (please specify):
12. What is your SERC annual operating budget? Please select a range and/or provide an
exact amount.
~ $0 - $50K
~ $51K - $100K
~ $101K - $250K
~ $25OK - $500K
~ $500K - $1M
~ Over $1M
~ Don't know
If you would like to include any details about your budget, please add here:
13. How many full-time equivalents (FTEs) are associated with the SERC (please take into
account FTEs from all entities that are part of the SERC organization, listed in question
#1)?
~ Less than or equal to 1.0 FTE
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~ Greater than 1.0 FTE, but less than or equal to 2.0 FTE
~ Greater than 2.0 FTE, but less than or equal to 5.0 FTE
IZI Greater than 5.0 FTE, but less than or equal to 10.0 FTE
~ Greater than 10.0 FTE
If you would like to include any details about your FTEs, please add here:
14. What are your SERC's priorities? Please rank in order of most important as ' 1', and if not
a priority, please mark as 'N/A'.
Assist LEPCs in developing and/or exercising response plans
Manage and analyze tier II data
Assist LEPCs with facility inspections
Assist LEPCs with communicating risk to public
Assist facilities in complying with EPCRA
Other (please specify):
15. Does your SERC have priorities that it is not addressing due to lack of funding? If so,
please check all activities that apply.
~ Assist LEPCs in developing and/or exercising response plans
IZI Analyze tier II data
~ Assist LEPCs with facility inspections
~ Assist LEPCs with communicating risk to public
~ Other (please specify):
II. Questions related to EPCRA Section 302 (Emergency Planning Notification)
In this section, the questions focus on emergency planning notifications under EPCRA.
As required by EPCRA Section 302, EPA published the list of extremely hazardous substances
(EHSs) and a threshold planning quantity (TPQ) for each substance as well as emergency
planning notification regulations. (The list of EHSs, their TPQs and the regulations are
codified at 40 CFR part 355.) Facilities that have any EHS present on-site at or above its TPQ
are required to provide notification to the SERC and the LEPC within 60 days of acquiring
the substance.
EPCRA Section 302 also authorizes SERCs and governors to designate additional facilities
subject to emergency planning notification requirements after public notice and opportunity
for comment. Accordingly, substances that are not EHSs may become subject to the
emergency planning requirements at specific facilities (40 CFR 355.10 & 355.11).
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16. Does your state have more stringent emergency planning notification requirements than
the Federal EPCRA program?
~ No, our State follows the Federal EPCRA Section 302 program
~ Yes, our State has more stringent emergency planning notification requirements
If the answer to Q#16 is "No, our State follows Federal EPCRA Section 302 program" go to
Q#19
17. How is your emergency planning notification program different from the federal program
under EPCRA Section 302? Check all that apply.
~ The State program covers additional chemicals (please send list of additional
chemicals or link to the program's list of chemicals)
~ The State program has lower thresholds (please send list of thresholds or link to the
program's list of chemical thresholds)
~ Other, please specify:
18. How many facilities in your state reported having EHSs on-site that are regulated only
under your State program (i.e., not regulated under Federal EPCRA requirements)?
Please provide a number of facilities:
19. How many facilities in your state reported having EHSs on-site for both the State (if
applicable) and Federal programs? (Note: As of reporting year 2014, facilities were
required to indicate whether they are subject to EPCRA Section 302 on their Tier II
form.)
Please provide a number of facilities:
20. Did your State designate additional facilities subject to emergency planning notification
requirements?
IZI Yes
~ No
If the answer to Q#20 is "No" go to Q#22.
21. If so, what type of facilities? Please specify the industry sector, and if possible, also
provide NAICS codes (North American Industry Classification System -
https://www.census.gov/eos/www/naics/).
22. Have you (the SERC) or your State taken any enforcement actions under EPCRA
326(a)(2) against any facilities for failing to provide emergency planning notification
under EPCRA Section 302?
~ Yes. Please provide number of enforcement actions in CYs 2019 and 2020:
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~ Yes, but the most recent enforcement action was prior to CY2019.
~ No
III. Questions related to Establishment of Local Emergency Planning Committees (EPCRA
Section 301) and EPCRA Section 303 (Emergency Response Plans)
In this section of the survey, the questions relate to LEPCs in your state and the local
emergency response plans.
EPCRA Section 301 requires, at a minimum, that each LEPC shall include representatives
from each of the following groups or organizations: elected State and local officials, law
enforcement, civil defense, fire department, first aid, health, local environmental, hospital, and
transportation personnel; broadcast and print media; community groups; and owners and
operators offacilities subject to the requirements of the emergency planning notification
requirement. While not every facility in a planning district may be subject to the emergency
planning notification requirement (i.e. facilities that handle EHSs at or above their TPQs),
facilities that handle other chemicals may also pose a threat to the community and first
responders, as was the case in the West Texas Fertilizer incident (see CSB Report:
https://www.csb.gov/west-fertilizer-explosion-and-fire-/). To prevent such incidents, SERCs
are encouraged to help LEPCs reach out to facility owners and operators to encourage them
to become part of the LEPC organization. SERCs and LEPCs may request facility owners and
operators to assist in developing emergency response plans. EPA understands that some state
right-to-know programs require facilities to prepare an emergency plan and share it with their
LEPC.
EPCRA Section 303(a) requires each LEPC to develop an emergency response plan for its
local emergency planning district and submit that plan to the SERC for review. LEPCs are
required to review the plan at least annually or more frequently as changes occur in their
community and update the plan if necessary.
Section 303(e) requires the SERC to review those plans and make recommendations to the
LEPC regarding revisions that may be necessary to ensure coordination of the plan with the
emergency response plans of other local emergency planning districts.
Section 303(d) allows LEPCs and TEPCs to request the owner or operator of facilities subject
to emergency planning notification to provide any information for developing and
implementing the emergency plan. Facilities are required to provide such information
promptly upon request. LEPCs and TEPCs may specify a time frame for this information (see
regulations at 40 CFR 355.20).
Section 303(d) also requires facilities to provide a name of a representative to be the facility
emergency coordinator as well as provide any changes relevant to emergency planning to their
LEPC and TEPC. Any changes relevant to emergency planning should be provided within 30
days after changes have occurred, (see table in 40 CFR 355.20)
For questions 23 - 29, please review each row of the spreadsheet provided by EPA of
LEPCs in your state.
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Please add any LEPCs that have been formed but are not included on this list. If any LEPCs
have merged to a larger geographic or administrative area (i.e. multiple counties folding to
one regional LEPC), please add this as a new LEPC. Please keep inactive LEPCs and note
them as "inactive" in Column F. Please fill in the columns for each of the following
questions.
23. (A) Of the list provided, please note in Column F those LEPCs that are active in your
State (Yes/No/Unknown) (for this survey, active is defined as conducting at least one or
more of the following activities in the past year: have an emergency response plan and
review/update annually; meet on a regular basis; conduct exercises to ensure that their
plan can be activated during chemical emergencies; accompany fire department personnel
for conducting inspections of Tier II facilities; participate in local preparedness planning;
conduct public education, providing information on local hazards and facilities to
community members and first responders; provide Tier II information on request).
(B) If 23 (A) is unknown, please provide an explanation (Column G).
24. (A) In Column H of the list provided, please clarify the administrative or geographic
jurisdictional boundary for each LEPC, both active and inactive, using the most specific
boundary. For each LEPC, please choose among the following administrative boundaries.
County
City
Township
Parish
Municipality
Region
Multiple counties (please specify):
Districts
Other
(B) If "other" is indicated in Q24 (A), please specify and list where geographic data for
this LEPC jurisdictional area can be obtained in Column I.
25. (A) In Column J, please note which LEPCs in your state have emergency response plans
in place for their planning districts/communities. (Emergency response plans can be free-
standing plans or part of an all-hazards plan).
(B) Please list the type of emergency response plan for each LEPC: (1) a free-standing
plan; (2) part of an all-hazards plan; (3) Other in Column K.
(C) If "other" or unknown, please provide an explanation in Column L.
26. (A) In Column M, please note which LEPCs in your state that have reviewed and/or
updated their emergency response plans within the past 12 months.
(B) If unknown in Q26(A), please provide an explanation in Column N.
27. (A) In Column O, please note which emergency response plans, reviewed and/or updated
by the LEPC in the past 12 months (Column M), have been reviewed by you, the SERC?
(B) For those plans not reviewed by the SERC, please provide an explanation in Column
P.
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28. For those LEPCs that do not have up-to-date emergency response plans, what do you
believe are the main contributing factor(s)? Please rank in order of most prevalent factor
(1) to least prevalent (5). If factors are not applicable, use 'N/A\
Lack of leadership (i.e. lack of support from local officials)
Lack of motivation (i.e. other higher priorities, small number of facilities, low level
of risk)
Staffing/participation shortfall
Lack of understanding of the requirement under the statute to review the plans
annually
Lack of funding
Other:
Don't know
29. (A) On the spreadsheet provided, please note which LEPCs in your State have conducted
exercises in the past 12 months to ensure that their emergency plan can be activated
during an emergency in Column Q.
(B) For each LEPC that has conducted exercises, please list the type of exercise: (1) full-
scale; (2) table-top; (3) actual response; (4) notification exercise; (5) Other. Please
specify in Column R. Note more than one type of exercise can be identified for each
LEPC, separated using a semicolon (;).
30. What type of resources do you offer LEPCs? Please check all that apply and include
details.
IZI Funding, please specify the average annual amount:
~ Technical assistance [ex: manage facility and chemical information in Computer
Aided Management of Emergency Operations (CAMEO)]
EH Community risk communication
~ Guidance documents
IZI Training (provide type and frequency of training(s)):
CI Response equipment (provide cost estimate for equipment provided annually):
~ Outreach to facilities
~ Onsite facility inspections
~ Other, please specify:
31. Have you (the SERC) or your State taken any enforcement actions under EPCRA
326(a)(2) against any facilities for not providing info under 303(d)?
~ Yes. Please provide number of enforcement actions in CYs 2019 and 2020:
~ Yes, but the most recent enforcement action was prior to CY2019.
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~ No
32. What resources could EPA provide to assist you and your LEPCs?
IV. Questions related to EPCRA Section 304 (Emergency Release Notification)
In this section, questions are about emergency release notifications.
EPCRA Section 304 requires facilities to notify the SERC as well as the LEPC of any area
likely to be affected by a release of any CERCLA Hazardous Substance or EHS. (The
reportable quantities (RQs) for CERCLA Hazardous Substances and EHSs are listed in 40
CFR 302.4 and 355 Appendices A and B respectively.) Within 30 days of the initial
notification, facilities are also required to submit a written report to the SERC and the LEPC.
Transportation-related releases can be conveyed via a notification to a 911 operator or a local
operator. Written follow-up reports are not required for transportation-related releases.
The America's Water Infrastructure Act (AWIA) amended EPCRA Section 304 to require
SERCs to notify the State Drinking Water Primacy Agency of any releases and provide them
with the information received under EPCRA Section 304(b) and (c). For states without a
primacy agency, SERCs are required to notify any community water system whose source
waters are affected by a release.
33. If your State has its own right-to-know program, does it require release notification of
substances in addition to the CERCLA Hazardous Substances and EPCRA EHSs?
~ Yes (please provide a list of additional substances or a link to the list in the
regulations):
~ No
34. What type of notification system is in place for fixed facilities to notify the SERC/State
about releases? Check all that apply.
~ State Hotline (e.g., State Warning Point)
~ 911
~ SERC office
~ Other, please specify:
35. In calendar year 2020, how many releases of CERCLA Hazardous Substances and/or
EPCRA EHSs were reported to the SERC, State Agency, or designated call center or
hotline?
Please provide a number:
36. What percent of those releases reported in 2020, did the SERC receive follow-up written
reports within 30 days?
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Please provide percentage or exact number of facilities:
Please provide information on any SERC processes to follow up with facilities which
have not submitted written release reports:
37. Do you have a system that tracks facilities that reported releases and submitted written
follow up reports?
IZI Yes
~ No
If the answer to Q#37 is "No" go to Q#39
38. If you have a system, please describe. Check all that apply
IZI Spreadsheet
~ Custom application (please describe):
~ Other (please describe):
39. To ensure compliance with AWIA requirements (which went into effect on October 23,
2018), do you have a system and/or process in place to notify the State Drinking Water
Primacy Agency or the community water system about releases?
~ Yes, please describe the system and/or process:
~ No
40. How does your State ensure that the State Drinking Water Primacy Agency or
community water system receives notification of transportation-related releases? (Note:
Although section 2018(a) of AWIA does not specify how transportation related releases
should be forwarded to the state drinking water primacy agency or community water
systems, EPA encourages SERCs to coordinate with 911 operators or any other
established system that receives release notification to notify the state drinking water
primacy agency (or community water systems) that may be affected by the release.)
Please include any challenges and/or issues with implementing the AWIA amendments.
41. How can EPA assist you in implementing the AWIA requirements?
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V. Questions related to EPCRA Section 312 (Emergency and Hazardous Chemical
Inventory Form, "Tier II" reporting)
In this section, questions are about managing Emergency and Hazardous Chemical Inventory
Forms, or "Tier II data."
EPCRA Section 312 requires facilities that handle OSHA hazardous chemicals at or above the
reporting thresholds specified in the regulations at 40 CFR part 3 70, to submit a Tier IIform
to their SERC, LEPC and the fire department. EPCRA Section 312 also allows states to
implement a more stringent right-to-know program than the Federal program
EPA published guidance in a July 13, 2010 Federal Register notice providing flexibility to
states regarding various EPCRA Section 312 reporting options, including joint access to Tier
II information. To reduce burden, facilities may submit their Tier II information directly to
SERCs who then would share the information with LEPCs andfire departments, provided that
these entities receive the information by the annual March 1st statutory deadline.
On October 23, 2018, AWIA amended EPCRA Section 312, requiring SERCs and LEPCs to
provide Tier II information to community water systems upon request.
42. Does your State have more stringent requirements for hazardous chemical inventory (Tier
II) reporting than the Federal EPCRA program?
~ No, our State follows the Federal EPCRA Section 312 program
~ Yes, our State has more stringent state requirements
If the answer to Q#42 is "No, our State follows the Federal EPCRA Section 312 program",
go to Q#44.
43. How is your Tier II program different from the Federal EPCRA Section 312 program?
Check all that apply.
~ Our program covers additional chemicals (please provide list of additional chemicals
or link to the list of chemicals in the state regulations)
~ Our program has lower reporting thresholds (please provide list of thresholds or link
to the thresholds in the state regulations)
~ Our program requires electronic reporting
~ Other, please specify:
44. How many facilities in your state submitted a Tier II form in reporting year 2020 (please
include all facilities that reported for both state-specific and federal requirements)?
Please provide a number:
45. What software does your state currently use for Tier II reporting? Check all that apply.
~ TIER II MANAGER online reporting system
~ ePlan
~ State-developed online reporting tool
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~ Tier2 Submit
~ No software
~ Other, please specify:
If answer to #45 has check for "Tier2 Submit", then skip to #48.
46. Has your state ever used Tier2 Submit software?
~ Yes. Please list the last reporting year Tier2 Submit was used:
~ No
47. What are the main reasons that your state does not use Tier2 Submitl Check all that
apply.
~ Does not meet needs for state-specific requirements
~ We have always used other software, and we do not want to switch
~ Other software has additional functionality that we use. Please specify the functions
missing from Tier2 Submit.
~ Don't know
~ Other (please specify):
48. Do you accept hard copy of the Tier II form from facilities unable to submit
electronically?
IZI Yes
~ No
49. What is the cost for managing Tier II data both in funding and FTE on an annual basis (if
you don't know, please include an explanation)?
Please provide annual funding:
Please provide number of FTEs:
50. Does your state provide one-stop filing for Tier II forms? (i.e., the state collects the Tier
II forms from facilities and provides access to the LEPCs and the fire departments, rather
than facilities submitting Tier II forms to all three entities (SERC, LEPCs and the fire
departments))
IZI Yes
~ No
~ Other, please specify:
51. Does your State charge a fee for facilities filing a Tier II form (i.e. Federal Tier II form or
the State equivalent)?
~ Yes. Please provide the fee charged and/or fee structure:
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~ No
52. Briefly explain your process for providing access to Tier II information to the community
water systems as required by AWIA amendments.
53. Do any Tribes in your State collect Tier II information?
IZI Yes
~ No
If answer to Q53 is 'No', skip to Q55
54. Does the Tribe share Tier II data with the State?
IZI Yes
~ No
55. What type of outreach do you conduct to inform facilities of their annual reporting
obligation under EPCRA Section 312? Check all that apply.
~ Webinars
~ Mass emails
~ Phone calls
~ Conferences
~ Trade Associations
~ Direct mailings
~ Other, please specify:
CI None
56. Do you have any processes in place to identify and contact facilities that have not
previously reported a hazardous chemical inventory (Tier II), but may be subject to
those requirements (e.g., entities that are not aware of their reporting responsibilities)? If
yes, please provide details.
~ Yes. Please describe the process and provide the number of facilities identified in
CY2020:
~ No
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57. Does your State have a process for identifying and contacting potential Tier II non-filers
that previously complied with reporting requirements?
~ Yes. Please describe the process and provide the number of facilities identified in
CY2020:
~ No
58. Does your State have an EPCRA enforcement program that addresses non-filers, or do
you refer non-filers to the EPA?
~ Has own enforcement program
~ Refer non-filers to EPA
59. Have you (the SERC) or your State taken any enforcement actions under EPCRA
326(a)(2) against any facilities for not submitting Tier II forms?
~ Yes. Please provide number of enforcement actions in CYs 2019 and 2020:
~ Yes, but the most recent enforcement action was prior to CY2019.
~ No
60. What are your challenges and/or issues with managing the Tier 2 program? And how can
EPA assist in addressing those issues?
VI. Questions related to EPCRA Section 313 (Toxics Release Inventory Reporting)
The following questions are about Toxics Release Inventory Reporting.
Under section 313 of EPCRA and section 6607 of the Pollution Prevention Act (PPA), certain
facilities are required to file annual reports to EPA, states, and Indian Country officials on
their releases, transfers, and other waste management practices for certain toxic chemicals if
they are manufactured, processed, or otherwise used above certain threshold amounts. This
information is included in a publicly available database known as the Toxics Release
Inventory (TRI).
61. How do you use the TRI data? Check all that apply.
CD Identify potential Tier II non-filers
~ Assist LEPCs to identify additional facilities subject to emergency planning
requirements
IZI Identify releases not reported to SERC and/or LEPC
~ Other. Please specify:
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IZI Do not use TRI data
If answer to Q61 is "Do not use TRI data", then go to Q63
62. What are the most common ways that you access the TRI data? Check all that apply.
IZI TRI website
~ TRI National Analysis
~ Envirofacts
~ TRI Explorer
~ MyRTK
~ Risk Screening Environmental Indicators (RSEI)
CI TRI Pollution Prevention (P2) Tool
~ Enforcement and Compliance History Online (ECHO)
~ Other, please specify:
63. In what ways can EPA improve the utility of TRI data?
VII. Questions related to Public Access to information under EPCRA
This section includes questions on public access to information.
Section 301 of EPCRA states that SERCs shall establish procedures for receiving and
processing requests from the public for information as required under EPCRA Section 324.
These procedures may also include designating an official to serve as an information
coordinator. In addition, EPCRA Section 312(e) specifies certain procedures for providing
access to Tier II information to the public, other State and local officials.
64. What procedures does your SERC organization follow for processing public requests for
information? Check all that apply.
CI None
CI Reading room access for the public to view EPCRA information
~ Provide the data electronically
~ Postal mail information
~ Other, please specify
65. Is there a fee for processing requests for the public, such as a photocopying charge?
~ Yes. Please provide the amount charged:
~ No
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66. How much funding and FTEs are allocated to this task?
Please provide amount of annual funding:
Please provide number of FTE:
67. How many requests for information from the public did the SERC receive in CY2020?
Please provide a number or estimate:
VIII. Questions related to Software Tools for SERCs, LEPCs, and Emergency Responders
68. Do you (as the SERC) or the LEPCs, emergency planners, and emergency responders in
your area use software to help collect and manage chemical data and/or prepare for a
chemical emergency response?
~ Yes. Please list the software used and briefly explain how it is used:
~ No
~ Don't know
69. With which of the following programs in the CAMEO (Computer Aided Management of
Emergency Operations) suite (developed by EPA and NOAA) are your LEPCs and
emergency responders familiar? Check all that apply.
~ ALOHA hazard model
~ CAMEO Chemicals hazardous chemical database
~ CAMEO data management tool for chemicals stored or transported in local
communities
CD MARPLOT mapping tool
~ Not applicable. The CAMEO suite is not well known in my area.
~ Don't know
If answer to #69 is "Not applicable. The CAMEO suite is not well known in my area."
checked, then skip to #75.
70. How many of your LEPCs use any of the programs in the CAMEO suite?
Please provide a number or percentage (or answer 'don't know'):
71. What percentage of your fire or emergency response departments use any of the
programs in the CAMEO suite?
Please provide an estimated percentage (or answer 'don't know'):
72. Of the LEPCs and emergency responders in your area that use the CAMEO suite, do they
use the system for emergency planning, response, or both?
EH Planning
IZI Response
National Survey of State Emergency Response Commissions | pg. 82
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U.S. EPA Office of Emergency Management
CD Both
~ Don't know
73. What tasks are those LEPCs and emergency responders using the CAMEO suite
programs for? Check all that apply.
IZI Looking up hazardous chemical datasheets
IZI Assessing potential chemical reactions
CI Modeling and hazard analysis
CI Mapping geospatial data
CI Managing data about local chemical facilities
CI Tracking local chemical transportation routes
CI Responding to chemical spills
CI Assisting with LEPC pre-planning activities
CI Participating in drills and training activities
CI Planning for all hazards (beyond just chemical incidents)
~ Other, please specify:
~ Don't know
74. What functions do those LEPCs and emergency responders like about the CAMEO suite?
Please provide functions:
75. For the LEPCs and emergency responders in your State that do not use the CAMEO suite
programs, what do you think are their main reasons for not using it? Check all that apply.
CI They do not use any planning and/or response programs
CI They use other planning and/or response applications
CI They must use state-provided software
CI They are not familiar with the CAMEO suite programs
~ The CAMEO suite programs do not meet their needs. Please describe what needs the
CAMEO suite does not meet:
~ Other, please specify:
~ Not applicable. The CAMEO suite is used extensively in my area.
~ Don't know
76. In what ways can EPA/NOAA improve the CAMEO suite programs?
National Survey of State Emergency Response Commissions | pg. 83
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U.S. EPA Office of Emergency Management
IX. Questions related to other EPA resources for SERCs, LEPCs, and Emergency
Responders
77. What EPA resources does your SERC use? Please check all that apply.
~ EPCRA (non-313) Online Training for States, Tribes, Local Emergency Planning
Committees, Local Planners and Responders
~ SERC-TERC Monthly Newsletter
IZI EPCRA Qs and As
~ EPCRA, RMP & Oil Information Center (i.e. "the Call Center")
~ EPA EPCRA Regional Contacts
~ AWIA implementation documents
~ Other materials on EPA's EPCRA webpage. Please specify:
~ Other. Please specify:
~ None of the above.
If you checked "EPCRA (non-313) Online Training.
78. Do you recommend the "EPCRA (non-313) Online Training for States, Tribes, Local
Emergency Planning Committees, Local Planners and Responders" to your LEPCs?
~ Yes. What do you find helpful about the training?
~ No. Why not? Please provide feedback:
If you checked "SERC-TERC Monthly Newsletter",
79. Do you find the information in the SERC-TERC monthly newsletter helpful?
~ Yes. What do you find helpful about the newsletter?
~ No. What types of information should be included in the monthly newsletter?
80. Are there any issues that you feel EPA should address through the Qs and As, factsheets,
or guidance?
~ Yes. Please describe the issue(s):
~ No.
81. How can EPA better assist SERCs and LEPCs with implementing EPCRA? Check all
that apply.
IZI Host conferences for SERCs and LEPCs
~ Provide more training materials. What types of training?
~ Provide additional guidance materials for SERCs or LEPCs. Please describe
additional guidance requested:
National Survey of State Emergency Response Commissions | pg. 84
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U.S. EPA Office of Emergency Management
~ Provide collaboration tools/platforms for SERCs and LEPCs to share information
~ Other:
X. Challenges and Successes
Finally, please tell us about your challenges and successes.
82. What are the best practices used and resources provided in your state to implement
EPCRA? Check all that apply.
IZI Regular meetings to discuss challenges and best practices
~ Ensure that every planning district has an emergency response plan
~ Sufficient resources (i.e., funding, manpower) to assist LEPCs
~ Sufficient resources for your own operations
~ Provide training
~ Assist LEPCs in communicating risk to the community
IZI Hosting/Sponsoring tabletop exercises
~ Other, please specify:
83. What are your State's challenges in implementing EPCRA? Please rank in order of most
challenging as a '1', and if not a challenge please mark as 'N/A\
Lack of funding
Lack of coordination with LEPCs
Lack of technical assistance from EPA
Lack of staffing at LEPCs
Lack of leadership or motivation at LEPCs
Lack of leadership from state and local political officials
Lack of training for LEPCs
Other, please specify:
84. In addition to information provided in Q#82, please share other practices that make your
EPCRA program successful.
85. If you or any of your LEPCs are currently experiencing any challenges in implementing
EPCRA and its requirements, what would it take to address those challenges?
86. If there is anything else you would like to share, please include here:
National Survey of State Emergency Response Commissions | pg. 85
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U.S. EPA Office of Emergency Management
Appendix B
LEPC Maps
Active and Inactive LEPC Map
Question #23 A of the survey requested states to indicate if their LEPCs are active or inactive
The Agency emailed a spreadsheet to every state along with the survey questions with LEPC
information collected by EPA from the inception of the EPCRA program. The map below shows
LEPC status and the boundaries provided by the states.
Exhibit 24. Active and Inactive LEPCs
National Surv ey of State Emergency Response Commissions | j)g. 86
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U.S. EPA Office of Emergency Management
Types of LEPC Emergency Response Plan Map
Question #2515 of the survey requested states to list the type of emergency response plan their
LEPCs developed for their planning district. The map below indicates if LEPCs have a free-
standing plan for chemical emergencies, if chemical emergency plan is part of all-hazards plan,
or part of other plans required by their state or local jurisdiction.
Exhibit 25. Type of Emergency Response Plan for each LEPC
Data assumptions/limitations in developing LEPC maps
The maps were developed in ArcGIS using the data provided by each state. States reported
information on the geographic boundaries of each LEPC in their state. There were several
limitations and assumptions made about the data provided by states to both survey questions
#23 A and #25B when developing the maps.
If an answer provided by a state for either question #23 A or #25B was not one of the
listed standard answers provided for the survey question, a value of "unknown" was used
as the default.
For LEPCs that crossed multiple geographic boundaries (e.g., 2 or more counties), the
geographic areas were merged to form one singular LEPC boundary.
National Surv ey of State Emergency Response Commissions | pg. 87
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U.S. EPA Office of Emergency Management
Connecticut LEPCs are based on town boundaries. In delineating these LEPCs, we used
the following feature service as reference:
https://servicesl.arcgis.com/FiPcSmEFuDYlIdKC/ArcGIS/rest/services/LEPC Towns/Fe
ature Server
Illinois LEPCs used the following document to discern boundaries:
https://www2.illinois.gov/iema/Preparedness/SERC/Documents/LEPC Tierll ContactLi
st.pdf
Massachusetts LEPCs are based on town boundaries. In delineating these LEPCs, we
downloaded a towns shapefile as reference: https://www.mass.gov/info-details/massgis-
data-municipalities#downloads-
New Jersey LEPCs are based on town boundaries. NJ also has an unofficial way of
segmenting the state into three distinct zones (North, Central, and South). The zones
come into play as there are towns in different parts of the state with the same name (e.g.,
there is a Fairfield township in Essex County and Cumberland County). The zones were
used as a way to create unique identifiers for each town. The town feature service used
for reference is
https://services2.arcgis.com/XYOqAiTOJ5P6ngMu/ArcGIS/rest/services/NJ Municipal
Boundaries 3424/FeatureServer/O
Rhode Island LEPCs are groupings of towns. In delineating these LEPCs, the following
feature service was used as reference:
https://services2.arcgis.com/S8zZg9pg23JUEexO/ArcGIS/rest/services/Municipalities 1
997/FeatureServer
South Dakota had not provided data at the time the maps were created.
Harris County, Texas LEPCs were delineated using the following map:
https://imgl.wsimg.com/blobbv/go/08dbe385-f614-4f63-b91e-
b5a88936335f/downloads/harrisCountvLEPCMap%20%2011192019.pdf?ver=l 5960488
50802. TX zip code boundaries were intersected with the Harris County boundary and
cross referenced against the above map. In situations where portions of LEPC boundary
had slivers within other zip codes, those slivers were disregarded so that only the zip
codes containing the vast majority of the LEPC boundary were noted in the analysis. In
the response data, there was an entry of Harris County/Bellaire, TX which was assumed
to be part of the city of Houston LEPC
Virginia LEPCs used the following document to discern boundaries:
https://www.deq.virginia.gov/home/showpublisheddocument/4383/63781390034217000
0
National Survey of State Emergency Response Commissions | pg. 88
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Appendix C
AWIA Implementation Practices
The America's Water Infrastructure Act (AWIA) amended EPCRA Section 304 to require
SERCs to notify the State Drinking Water Primacy Agency of any releases and provide them
with the information received under EPCRA Section 304(b) and (c). For states without a primacy
agency, SERCs are required to notify any community water system whose source waters are
affected by a release.
AWIA also amended EPCRA Section 312, requiring SERCs and LEPCs to provide Tier II
information to community water systems upon request. An analysis of AWIA implementation
practices are discussed in Chapter 1, Sections 1.4.2 and 1.5.3.
The following three questions were included in the SERC survey. Questions 1 and 2 are related
to the implementation of EPCRA Section 304 amendments under AWIA. Question#3 is related
to EPCRA Section 312 amendments under AWIA. In addition to these three questions, the
survey asked how EPA may assist in implementing AWIA requirements. Ten states requested
assistance, of which six states requested EPA to offer training or workshops for meeting AWIA
requirements, and three states requested funding to meet these additional responsibilities under
EPCRA. One state asked to be put on the National Response Center mailing list for any releases
that are reported to ensure proper notification to the State Drinking Water Primacy Agency.
1. To ensure compliance with AWIA requirements (which went into effect on October 23,
2018), do you have a system and/or process in place to notify the State Drinking Water
Primacy Agency or the community water system about releases?
2. How does your State ensure that the State Drinking Water Primacy Agency or
community water system receives notification of transportation-related releases? (Note:
Although Section 2018(a) of AWIA does not specify how transportation related releases
should be forwarded to the state drinking water primacy agency or community water
systems, EPA encourages SERCs to coordinate with 911 operators or any other
established system that receives release notification to notify the state drinking water
primacy agency (or community water systems) that may be affected by the release.)
Please include any challenges and/or issues with implementing the AWIA amendments.
3. Briefly explain your process for providing access to Tier II information to the community
water systems as required by AWIA amendments.
A few states have not established a process for implementing AWIA amendments to EPCRA
Section 304. These states requested EPA to share best practices or processes established by other
states. This appendix provides some of the practices implemented in the states.
National Survey of State Emergency Response Commissions | pg. 89
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I
Alabama
AWIA Section 304Requirements Established:
Alabama Department of Environmental Management (ADEM) is the drinking water primacy agency.
There was already a system in place where ADEM staff notifies a water system of a potential spill
upstream of their intake.
Transportation-Related Releases:
ADEM notifies the state water primacy (ADEM Water Division) and makes downstream notifications
of transportation related releases into a waterway in the same manner they would with a facility or
fixed release. The challenge would be that the process is contingent on local 911 and responders
making the initial notification to the ADEM Emergency Response Branch (via the NRC or State
Warning Point) before the notification process can begin.
AWIA Section 312 Requirements Established:
The Water System can request Tier II Data by asking ADEM SERC Staff for it and they will be
provided the needed information.
If the water system requests Tier II Data for their area, then we request a KML file for their service
area. That map is then overlaid with the KML file with the Tier II data inside of it. Using both maps, a
list of Tier II Facilities is extracted for that service area, and Tier II Reports are then exported and
compiled for the requestor.
Alaska
AWIA Section 304 Established:
DEC is the drinking water primary agency; spill reports come to our spill hotline.
Transportation-Related Releases:
Process is still in development. We are currently working internally to finalize standard operating
procedures to share spill data with the drinking water program.
AWIA Section 304Requirements Established:
Operator will assign a computer generated ADEQ Spill Report Log#, enter the date of the call, time of
the call (military time), agency name, name and title of caller, phone number (include extension if
applicable), value stream(s) effected, summary of message (include incident
date/time/directions/address/equipment and material used/responsible party with contact
information/material released/chemical name/quantity released/agencies notified/Was NRC called
National Survey of State Emergency Response Commissions | pg. 90
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U.S. EPA Office of Emergency Management
(obtain report #) and County. Action taken, Type of spill Code (see legend), type the word "open"
under the open/close tab to indicate the call is open, National Response Center # and first initial last
name of the person who handled the message, enter a number 1 under the VS contacted, enter a number
1 under the county affected. Value Stream individual(s) who are contacted regarding the spill and/or
incident will receive an email from Trello indicating they have a message to check the spill log. If no
further action is necessary enter what happened in the open/close column (such as, inspector sent, no
further action required, matter closed, etc.)
Transportation-Related Releases:
Specific phone line for reporting spills. Operator will assign a computer generated ADEQ Spill Report
Log#, enter the date of the call, time of the call (military time), agency name, name and title of caller,
phone number (include extension if applicable), value stream(s) effected, summary of message (include
incident date/time/directions/address/equipment and material used/responsible party with contact
information/material released/chemical name/quantity released/agencies notified/Was NRC called
(obtain report #) and County. Action taken, Type of spill Code (see legend), type the word "open"
under the open/close tab to indicate the call is open, National Response Center # and first initial last
name of the person who handled the message, enter a number 1 under the VS contacted, enter a number
1 under the county affected. Value Stream individual(s) who are contacted regarding the spill and/or
incident will receive an email from Trello indicating they have a message to check the spill log. If no
further action is necessary enter what happened in the open/close column (such as, inspector sent, no
further action required, matter closed, etc.)
Arkansas
AWIA Section 304Requirements Established:
Direct notification of State Drinking Water Primary Agency
Transportation-Related Releases:
No response provided.
California
AWIA Section 304Requirements Established:
State warning center call down list.
Transportation-Related Releases:
State Warning Center call down list and notifications.
National Survey of State Emergency Response Commissions | pg. 91
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Colorado
AWIA Section 304Requirements Established:
Water systems are instructed to contact their local 911 dispatch centers, so they receive immediate
reports directly.
Transportation-Related Releases:
Water systems are instructed to contact their local 911 dispatch centers, so they receive immediate
reports directly. This is a long-standing and successful approach in Colorado.
AWIA Section 312 Requirements Established:
Community water systems are instructed to join their local and source water area LEPCs.
Connecticut
AWIA Section 304Requirements Established:
Currently, manual notifications. Moving to Hazconnectฎ38 automated notifications in 2022.
Transportation-Related Releases:
Currently, we provide access to the State Drinking Water Primacy Agency to our database of reported
releases. We are putting in place an automated notification system.
AWIA Section 312 Requirements Established:
Provided electronically upon request.
Delaware
AWIA Section 304Requirements Established:
The DERNS application allows for users to sign-up to receive notices when releases are reported. Our
State Drinking Water Primacy Agency contacts are signed up as designated recipients. For written
follow-up reports, those folks are included in the email list of recipients for those reports. (When
written reports are received, those reports are scanned and distributed to a set user list via email.)
Transportation-Related Releases:
Same process as above.
AWIA Section 312 Requirements Established:
Provide data exported from system in excel format, as requested.
38 Some states use Hazconnectฎ TIER II MANAGER System as their reporting software for facilities to submit their
annual Tier II reports.
National Survey of State Emergency Response Commissions | pg. 92
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Florida
AWIA Section 304Requirements Established:
Online database
Transportation-Related Releases:
FDEM created an online database detailing all hazardous releases reported to the State Watch Office
including transportation related releases. The Water facilities and the State Source and Drinking Water
Unit within the Florida Department of Environmental Protection have access to this database as well.
In addition, the FDEM's State Watch Office notifies the State Source and Drinking Water Unit of these
hazards utilizing the incident notification process, who in turn ensure proper mitigation efforts are
taken by working with the water facilities and assisting as needed, bringing in State, Local or other
resources if required.
AWIA Section 312 Requirements Established:
The Water facilities and the State Source and Drinking Water Unit within the Florida Department of
Environmental Protection have access to the on-line database described above.
Georgia
AWIA Section 304Requirements Established:
The state warning point receives notification. Clarifying direct notification to EPD Watershed Branch.
Transportation-Related Releases:
We will coordinate on a process.
AWIA Section 312 Requirements Established:
We encourage a representative of the community water system join the LEPC. The SERC will conduct
outreach to inform them they can contact the SERC directly for Tier II reports if no LEPC operates
locally.
AWIA Section 304Requirements Established:
If there is a release that occurs near a drinking water well, we notify the Safe Drinking Water Branch.
Transportation-Related Releases:
If Hawaii's SERC receives notification of a release that could affect a water well, the Safe Drinking
Water Branch is notified. The Safe Drinking Water Branch has a system to notify the community water
systems.
National Survey of State Emergency Response Commissions | pg. 93
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Idaho
AWIA Section 304Requirements Established:
State Communications notification distribution list for written transcript of call.
Transportation-Related Releases:
State Comm reports and inclusion on bridge call of any transportation related releases of 25 gallons or
more of petroleum product/ petroleum release into navigable waterway.
AWIA Section 312 Requirements Established:
Provided as requested.
Illinois
AWIA Section 304Requirements Established:
WEB EOC System.
Transportation-Related Releases:
Via email.
AWIA Section 312 Requirements Established:
Provided as requested.
Indiana
AWIA Section 304Requirements Established:
We have added a process to TIER II MANAGER because we already had an incident reporting feature
on the system. We are currently in the testing phase and hope to go live by the end of 2021
Transportation-Related Releases:
We are implementing a notification system into our incident reporting software on TIER II MANAGER.
We have added GIS and all of the drinking water and community water system locations. Whenever an
incident is reported, all of the water sources around the spill will receive notification from an IDHS
email. The challenge we have faced is getting all of the GIS and contact information for the various
water sources. During this process we have also discovered communication and reporting shortfalls
with both IDEM, IDHS, and facilities. We have some meetings coming up to figure out what the best
practices will be for Indiana regarding spills and incident reporting.
AWIA Section 312 Requirements Established:
The water systems will be able to access the incident reports filed onto Tier II or can contact IDEM or
IDHS for the spill information.
National Survey of State Emergency Response Commissions | pg. 94
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Iowa
AWIA Section 304Requirements Established:
The Iowa DNR is the state primacy agency. When an incident is reported staff evaluate risks to water
system and make notification if appropriate.
Transportation-Related Releases:
The DNR receives spill notifications whether at a fixed facility or transportation related. The DNR is
also the state drinking water primacy agency and makes notifications to PWS and CWS as appropriate.
AWIA Section 312 Requirements Established:
PWS/CWS that request access to the Tier II system are granted access. If they prefer the department
supply them with a report of facilities submitting Tier II reports we can accommodate that as well. We
also have geographical mapping tools that indicates Tier II facility locations in relation to PWS/CWS
source water capture zones.
Kansas
AWIA Section 304Requirements Established:
Kansas Department of Health and Environment (KDHE), Spills Response Program, makes internal
notification to KDHE Bureau of Water regarding hazardous materials releases that have or will impact
public water supplies; KDHE Bureau of Water makes the appropriate notification to public water
supplies that have been or will be impacted so that they may begin to initiate emergency protective
measures as needed.
Transportation-Related Releases:
Kansas Department of Health and Environment (KDHE), Spills Response Program, makes internal
notification to KDHE Bureau of Water regarding hazardous materials releases that have or will impact
public water supplies; KDHE Bureau of Water makes the appropriate notification to public water
supplies that have been or will be impacted so that they may begin to initiate emergency protective
measures as needed. In addition, the spiller has the responsibility to make notification to the local
emergency planning committee in the county where a hazardous materials release/spill occurs, which is
accomplished by notification to the 911 communications center in the respective county. The 911
emergency communications center may also be making notification to emergency services to
coordinate local response and recovery, which could also include public water supplies that have been
or may be impacted within their county.
AWIA Section 312 Requirements Established:
Individual requests are emailed to the Kansas Department of Health and Environment, Right-to-Know
Program at kdhe.rtk@ks.gov.
National Survey of State Emergency Response Commissions | pg. 95
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Kentucky
AWIA Section 304Requirements Established:
The affected jurisdiction notifies the Kentucky State Warning Point (SWP) regarding the release. The
SWP point then notifies the Kentucky Department of Health, the Kentucky Energy and Environment
Cabinet, the Kentucky Public Service Commission, and the Kentucky Transportation Cabinet.
Transportation-Related Releases:
The affected jurisdiction notifies the Kentucky State Warning Point (SWP) regarding the release. The
SWP point then notifies the Kentucky Department of Health, the Kentucky Energy and Environment
Cabinet, the Kentucky Public Service Commission, and the Kentucky Transportation Cabinet.
AWIA Section 312 Requirements Established:
Create account in TIER II MANAGER.
Louisiana
AWIA Section 304Requirements Established:
All calls received through the Hazmat Hotline are relayed to multiple agencies including the Primary
Agency for State Drinking Water. They also receive copies of the written follow-up reports received.
Transportation-Related Releases:
All calls received through the Hazmat Hotline are electronically relayed to multiple agencies including
the Primary Agency for State Drinking Water. They also receive electronic copies of written follow-up
reports received by the Commission.
AWIA Section 312 Requirements Established:
Access through E-Plan or may request directly from the LEPC.
*
Maine
AWIA Section 304Requirements Established:
Maine has a 24/hour phone number for them and an email address to make notifications. Maine Dept.
of Environmental Protection also makes notifications to the State Drinking Water Program when they
respond to a spill. Our State Drinking Water Program also gets alerts from the NRC on any spills that
get reported.
Transportation-Related Releases:
When the Maine Emergency Management Agency Duty Officer gets a notification of a transportation
incident, we notify the Maine Drinking Water Program immediately. Maine Dept. of Environmental
Protection will also notify the Maine Drinking Water Program when they respond to a transportation
incident. Some challenges we face is that we don't always get notified of a transportation incident if the
local fire departments are handling them.
National Survey of State Emergency Response Commissions | pg. 96
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AWIA Section 312 Requirements Established:
If a water district reached out, we will provide them with the information they request but they have to
reach out to the State or the County EMA for that information.
Maryland
AWIA Section 304Requirements Established:
MDE CRTK staff review incident reports each morning (weekdays only) and forwards any covered
reports to the Water Supply Program.
AWIA Section 312 Requirements Established:
Any request from a CWS is forwarded to the Water Supply Program. Water Supply provides the
coordinates for the source water protection area to MDE's IT GIS staff. The GIS staff overlays the
source water protection area onto the Tier Two geographic layer and extracts the list of facilities.
CRTK staff then provides either the list of facilities or electronic copies of Tier Two reports
(whichever was requested) to the CWS.
AWIA Section 304Requirements Established:
MassDEP is notified about releases and is the primary drinking water agency
AWIA Section 312 Requirements Established:
Requests for Tier II info come to MEMA HQ and we provide appropriate reports to stakeholders that
request information.
Michigan
AWIA Section 304Requirements Established:
The Michigan Drinking Water agency has access and is copied on all releases in Michigan through the
State's Pollution Emergency Alerting System (PEAS). The Michigan Drinking Water agency has
access to Michigan's Tier II Report database (all information related to Tier II Reporting).
AWIA Section 312 Requirements Established:
The Michigan Drinking Water agency has access to Michigan's Tier II Report database (all
information related to Tier II Reporting).
National Survey of State Emergency Response Commissions | pg. 97
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Minnesota
AWIA Section 304Requirements Established:
Minnesota Duty Officer Program - MDO Personnel are responsible for making notifications to other
State Agencies. At time of initial Release notification MDO personnel are trained to clarify information
about release with caller and identify which State Agencies require notification of release. The State
Drinking Water Primacy Agency is the Minnesota Dept. of Health.
Transportation-Related Releases:
The Minnesota Duty Officer Program has a designated call center for any and all spills and releases in
the State, including those resulting from a transportation-related incident. MDO Personnel are
responsible for making notifications to other State Agencies. At time of initial release notification
MDO personnel are trained to clarify information about release with caller and identify which State
Agencies require notification of release. The State Drinking Water Primacy Agency is the Minnesota
Dept. of Health.
AWIA Section 312 Requirements Established:
Information provided by Tier II Data Administrator upon request
Mississippi
AWIA Section 304Requirements Established:
Mass Distribution notifications are sent to all stakeholders following the reporting of any hazmat
incident
AWIA Section 312 Requirements Established:
Any Community water system can request access to E-Plan
Missouri
AWIA Section 304Requirements Established:
Under the Dept. Of Natural Resources - DNR monitors the EER notification and spill line.
AWIA Section 312 Requirements Established:
This is handled by the Dept. of Natural Resources.
National Survey of State Emergency Response Commissions | pg. 98
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Montana
AWIA Section 304Requirements Established:
DEQ Duty Officer Program
Montana's DEQ, DES and the State Public Health Department have duty officer programs that relay
urgent messages to each other and to corresponding local jurisdiction's authorities (such as local public
health, local emergency manager and local sanitarian) about any event that poses a risk to health and
safety of an individual, population, or environment including risks to drinking water, flowing water
(such as rivers/streams) and other events. Other agencies such as Fish, Wildlife and Parks; Department
of Natural Resources; and associated state agencies may also be notified.
AWIA Section 312 Requirements Established:
CWS will contact LEPC's. Individual LEPC's will have to decide how to extract, compile/format, and
present the information to the CWS.
Nebraska
AWIA Section 304Requirements Established:
NDEE is the primacy agency and Kirk Morrow (NDEE ER) notifies us of any releases. We then notify
the system.
AWIA Section 312 Requirements Established:
SOP is provided.
Nevada
AWIA Section 304Requirements Established:
Within the State of Nevada, it is the Nevada Division of Environmental Protection/State Department of
Conversation and Natural Resources that is responsible for the Safe Drinking Water Act.
AWIA Section 312 Requirements Established:
Although NDEP would be the contact for AWIA information, anyone is able to file a public records
request in the State of Nevada.
National Survey of State Emergency Response Commissions | pg. 99
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New Hampshire
AWIA Section 304Requirements Established:
Facilities notify State Police dispatch which notifies NH DES who notifies the Community Water
System.
New Jersey
AWIA Section 304Requirements Established:
Referred within NJDEP and the water companies and impacted counties.
Environmental emergencies and incidents get reported to the 24/7 DEP Hotline in NJ. NJDEP is the
state drinking water primacy agency which also notifies potentially impacted community water
systems.
AWIA Section 312 Requirements Established:
Someone submits a request, NJDEP runs a report and provides information as appropriate.
New Mexico
AWIA Section 304Requirements Established:
No process has been established.
AWIA Section 312 Requirements Established:
File for each county is available through WebEOC.
New York
AWIA Section 304Requirements Established:
Notification to Commercial Water Supplies through the State Drinking Water Primacy Agency (NYS
DOH - Bureau of Water Supply), and through Local Health Departments (LHD).
The State has aggressive all-hazards and hazard-specific notification procedures for incidents, which
includes transportation-related and fixed site emergencies. Notifications are made through multiple
redundant watch centers in the state. No challenges or issues with AWIA.
AWIA Section 312 Requirements Established:
Updated guidance documents, web information, coordination with state water primacy agency,
notification to community water supply operators of tier II availability. Webinars are being planned for
2022.
National Survey of State Emergency Response Commissions | pg. 100
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U.S. EPA Office of Emergency Management
North Carolina
AWIA Section 304Requirements Established:
When reported to the watch any releases effecting waterways is shared with our water resources agency
who then verifies downstream impacts and conducts notifications.
Any release effecting waterways no matter the source is reported to this agency for assessment.
AWIA Section 312 Requirements Established:
We provide this directly or through the rural water association and water resources.
North Dakota
AWIA Section 304Requirements Established:
State Drinking Water Primacy Agency and Community Water Systems are part of the interactive
system. Watersheds is a layer on the map as well as intakes. If a spill is in that area they get notified
automatically.
The Department of Environmental Quality assures this is accurate and taken care of.
AWIA Section 312 Requirements Established:
They have a login to the system for their geographic area.
Ohio
AWIA Section 304Requirements Established:
SERC has coordinated with Ohio EPA Division of Public Drinking and Ground Water and Office of
Emergency Response. The Ohio EPA SERC Representative receives an email from Emergency
Response if a spill was received that has potential to impact a public drinking water source. Field
communication and response protocols from Emergency Response On-Scene Coordinators and public
drinking water source takes place.
Ohio EPA Emergency Response Unit has procedures and protocols in place to assure communication
with public drinking water sources.
AWIA Section 312 Requirements Established:
Provide upon request from AWIA with information provided in CAMEO and/or Excel spreadsheet.
National Survey of State Emergency Response Commissions | pg. 101
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U.S. EPA Office of Emergency Management
Oklahoma
AWIA Section 304Requirements Established:
The DEQ also houses the State Drinking Water Primacy Agency and reports are shared between
divisions.
AWIA Section 312 Requirements Established:
Housed within the same agency and data is shared via the CAMEO software and pdf.
Oregon
AWIA Section 304Requirements Established:
Water purveyors have access to any release through notification by the OERS reports. These reports
are emailed to all registrants within minutes of the release occurrence. OEM also provides assistance to
the purveyors to put measures in place to ensure they are notified or assist them in getting on a
notification list. All release notifications, at fixed site, or during transport are reported to OERS by the
facility, transporter and/or first responders. Oregon state agencies have taken multiple steps to ensure
all water purveyors are aware of the requirement and availability of the release information.
AWIA Section 312 Requirements Established:
Our online reporting system, CHS Manager, gives access to anyone who requests the information from
our program. There are several different "user" types in the system, the "citizen user is for anyone
looking for information related to hazardous substance stored in their community.
Pennsylvania
AWIA Section 304Requirements Established:
State Operations Center to DEP to Facility
911 and follow up through WEBEOC. County EMAs handle it directly 95 percent of the time.
AWIA Section 312 Requirements Established:
Non-disclosure agreement is signed by Water system, then special access to the PA Tier II Submit
(PATTS) online system is granted.
Puerto Rico
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U.S. EPA Office of Emergency Management
AWIA Section 304Requirements Established:
In incidents where there is any impact to there is the possibility of impacting a body of water, we notify
the incident to the Puerto Rico Aqueduct and Sewer Authority (PRASA) by telephone.
AWIA Section 312 Requirements Established:
The Community has to request the Tier II data to the SERC and once it is approved, the information is
given to them.
AWIA Section 304Requirements Established:
DEM response personnel notify DOH if they identify the area as a drinking water aquifer. We
requested that DOH receive NRC reports so that they can identify if the release is in an aquifer area of
concern. That would eliminate issues with identification of Wellhead Protection Areas.
AWIA Section 312 Requirements Established:
Any Tier II information that is requested from the Office of Emergency Response, DEM will be
reviewed and then released to the requesting person or agency to meet the required AWIA
amendments.
AWIA Section 304Requirements Established:
SC DHEC is the state reporting point for these notifications.
AWIA Section 312 Requirements Established:
They request the information locally and SC DHEC provides information.
AWIA Section 304Requirements Established:
DANR internally informs the Drinking Water program who then inform the systems of a release
AWIA Section 304Requirements Established:
National Survey of State Emergency Response Commissions | pg. 103
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U.S. EPA Office of Emergency Management
Upon receipt of notification, TDEC is notified which in turn will notify the State Drinking Water
Primary Agency. Upon receipt of notification of spill affecting drinking water, TDEC and the local
Emergency Management Agency is notified.
AWIA Section 312 Requirements Established:
Information may be obtained through our Hazmat Branch and Public Relations Offices through a
request for information (RFI).
Texas
AWIA Section 304Requirements Established:
TDEM's State Operations Center which serves as the state's 24/7 Warning Point shares notifications
with TCEQ, the state's regulatory agency that oversees public drinking water systems.
AWIA Section 312 Requirements Established:
When Tier II data is requested for by a CWS for AWIA amendments, we verify the requestor is from
the CWS or is representing the CWS, then we search for the data requested and export the data into
either an XML or PDF file format for the CWS.
AWIA Section 304Requirements Established:
Spills are reported through the DEQ hotline. DDW is notified through an email of the spill report or
direct notification by the Duty Officer. DDW determines if there is a risk to any water system(s) and
notifies the PWS by phone and email.
AWIA Section 312 Requirements Established:
Community water systems can access the DEQ's online Tier 2 Submission Portal's GRAMA Search to
look up Tier 2 reports. Assistance can be provided by the DEQ Tier 2 Coordinator.
AWIA Section 304Requirements Established:
All Hazmat releases reported to the Vermont Emergency Management (VEM) watch officer are
reported to the Water Quality units and community water district.
AWIA Section 312 Requirements Established:
All Hazmat releases reported to the Vermont Emergency Management (VEM) watch officer are
reported to the Water Quality units and community water district.
National Survey of State Emergency Response Commissions | pg. 104
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U.S. EPA Office of Emergency Management
Virginia
AWIA Section 304Requirements Established:
State drinking water primacy agency has access to the Statewide Alert Network (SWAN) and receives
copies of incident reports and updates from the Virginia Emergency Operations Center. They can also
be notified by state On-Scene Coordinators if necessary or if notification has not been confirmed.
AWIA Section 312 Requirements Established:
The Virginia Department of Health - Office of Drinking Water has a reciprocal information sharing
agreement with the Virginia Department of Environmental Quality.
Washington
AWIA Section 304Requirements Established:
In Washington State, the Department of Health (DOH) is the primacy agency. ECY notifies DOH of
releases, both EPCRA and non-EPCRA, and does not distinguish between the two. Our notification
process is the same for both transportation-related or fixed facility-related releases.
West Virginia
AWIA Section 304Requirements Established:
Multiple representatives from the State Drinking Authority receive all spill notifications. The spill
notifications are then shared with drinking water systems around the state.
AWIA Section 312 Requirements Established:
As requested by community water systems
%
Wisconsin
AWIA Section 304Requirements Established:
WDNR Process
AWIA Section 312 Requirements Established:
Information is provided on request by WEM and LEPCS. Community water systems are eligible to get
free access to the WHOPRS system.
National Survey of State Emergency Response Commissions | pg. 105
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U.S. EPA Office of Emergency Management
AWIA Section 304Requirements Established:
Handled by LEPCs and Wyoming Office of Homeland Security.
Communicating with the LEPCs and water treatment facilities about the importance of sharing
information and working together. Getting water treatment facilities actively involved with the SERC.
AWIA Section 312 Requirements Established:
It is the responsibility of the LEPCs to contact the water treatment facilities in their county.
National Survey of State Emergency Response Commissions | pg. 106
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U.S. EPA Office of Emergency Management
Appendix D
State Profiles
In the first 10 years of the EPCRA program, the NGA compiled and published each state's
establishment of the program, the agencies or department and their roles within the SERC
organization, the number of LEPCs and their administrative boundaries, funding resources, etc.
As 35 years have passed since EPCRA was enacted, the Agency compiled all the information
similar to the report published by the NGA, "Emergency Planning and Community Right-to
Know: State Profiles". The state profiles in this report include responses for questions 1-3, 7, 10,
11, 16, 17, 19, 30, 33, 34, 37, 38, 42-45, 50, 51, 55, 64, and 65. See Appendix A for these survey
questions.
National Survey of State Emergency Response Commissions | pg. 107
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U.S. EPA Office of Emergency Management
Alabama
Commission Name:
Alabama Emergency Response Commission
Legal Basis:
Executive Order 4, March 6, 1987
Commission Chairs:
Alabama Department of Environmental Management
(ADEM) and Alabama Emergency Management Agency
(AEMA)
SERC Members:
Alabama Fire College; Alabama Department of Agriculture
and Industries; Alabama Association of Volunteer Fire
Departments; Alabama Department of Corrections; Alabama
Department of Economic and Community Affairs; Alabama
Emergency Management Association; Alabama Forestry
Commission; Alabama Governor's Office of Volunteer
Services; Alabama Department of Insurance; Alabama
Department of Transportation; American Petroleum
Institute; Alabama Rural Electric Association of
Cooperatives; Alabama Rural Water Association; Auburn-
Alabama Cooperative Extension System Auburn University;
Alabama Department of Conservation and Natural
Resources; Department of Education; Department of Human
Resources; Geological Survey; National Guard; Oil and Gas
Board; Petroleum & Convenience Marketers of Alabama;
Poarch Band of Creek Indians; Public Service Commission;
Red Cross, U.S. EPA, U.S. Coast Guard; U.S. Department
of Homeland Security; Alabama Law Enforcement Agency;
Alabama Department of Public Health; Business Council of
Alabama; Association of County Commissioners; Alabama
League of Municipalities; Alabama Chemical
Manufacturing Association; ADPH Office of Radiation
Control
Roles and Responsibilities:
AEMA
Supervise LEPC activities; Review emergency response
plans; Receive emergency release telephone notifications
ADEM
Receive emergency release notifications (follow-up written
reports); Receive Tier II reports or State equivalent; Receive
and process public requests for EPCRA information
Average Number of SERC Meetings
Held Annually:
2
Communication with LEPCs:
Emails; Phone calls; In-person meetings
Resources and Assistance provided for
LEPC:
ADEM provide training for LEPCs on an as needed basis.
We receive requests to discuss Tier II Reporting, E-Plan,
CAMEO and other EPCRA topics and present at LEPC
meetings throughout the year. Also provide guidance
documents and assist with outreach to facilities. Training
events are held for hazmat groups needing an overview of
National Survey of State Emergency Response Commissions | pg. 108
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U.S. EPA Office of Emergency Management
how to use CAMEO and also teach a 4-hour class on Hazard
Chemical Inventories in E-Plan
Tribal Representatives in
SERC/LEPC:
SERC
Sources of Funding:
HMEP for certain activities; No operating budget for the
SERC to implement EPCRA
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follows federal program
Number of EHS Planning Facilities in
CY20:
1,245
Emergency Release Notification
Requirements (EPCRA Section 304):
Follows federal program
Release Notification System:
State Warning Point/Hotline; 911
Follow-up Reports:
All written reports are received, entered, and stored in an
online information system for ADEM.
AWIA Section 304 Requirements
Established:
Alabama Department of Environmental Management
(ADEM) is the drinking water primacy agency. There was
already a system in place where ADEM staff notifies a water
system of a potential spill upstream of their intake.
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
Follows federal program
Number of Facilities Reported in CY
2020:
3,704
Reporting Software:
E-Plan; Tier2 Submit
One-stop Filing:
No
Tier II Filing Fees:
No
Outreach to Facilities for Compliance:
Mass emails; Phone calls
The Water System can request Tier II Data by asking
ADEM SERC Staff for it and they will be provided the
needed information.
AWIA Section 312 Requirements
Established:
If the water system requests Tier II Data for their area, then
we request a KML file for their service area. That map is
then overlaid with the KML file with the Tier II data inside
of it. Using both maps, a list of Tier II Facilities is extracted
for that service area, and Tier II Reports are then exported
and compiled for the requestor.
Public Access to EPCRA Information
(EPCRA Section 324):
Reading room; Provide data electronically
Fee for processing requests:
$0.30 for hard copy, no fee for providing electronically
National Survey of State Emergency Response Commissions | pg. 109
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U.S. EPA Office of Emergency Management
Alaska
Commission Name:
Alaska State Emergency Response Commission
Legal Basis:
1987 Administrative Order, 1990 State law
Commission Chairs:
Alaska Department of Military & Veteran Affairs, Alaska
Department of Environmental Conservation (DEC)
SERC Members:
Dept. of Military & Veteran Affairs; Dept. of Environmental
Conservation; Dept. of Commerce & Economic Development;
Dept. of Fish and Game; Dept. of Health and Social Services;
Dept. of Labor and Workforce Development; Dept. of Natural
Resources; Dept. of Public Safety; Dept. of Transportation &
Public Facilities; LEPC Urban (2); LEPC Rural (2); LEPC Local
Government (2); Other public (1)
Ex-Officio/non-votina:
Dept. of Administration; Dept. of Education & Early
Development; Federal Emergency Management Agency;
Alaskan Command; U.S. Coast Guard; Environmental
Protection Agency
Roles and Responsibilities:
SERC
Supervise LEPC activities; Review emergency response plans
DEC
Receive emergency release telephone (initial) notifications;
Receive emergency release follow-up written reports; Receive
Tier II reports or State equivalent; Receive and process public
requests for EPCRA information
Average Number of SERC Meetings
Held Annually:
2
Communication with LEPCs:
Emails; Phone calls; Conferences
Resources and Assistance for LEPCs:
Technical assistance; Community risk communication;
Guidance documents; Training; Outreach to facilities; Share
training opportunities
Tribal Representatives in
SERC/LEPC:
None
Sources of Funding:
State Appropriated funds; EPA CORE funds for outreach
activities to LEPCs.
Emergency Planning Notification
Requirements (EPCRA Section 302):
State program - lower reporting thresholds
Number of EHS Planning Facilities in
CY20:
523
Emergency Release Notification
Requirements (EPCRA Section 304):
State program - requires reporting of any hazardous substance
releases
Release Notification System:
State Hotline
Follow-up Reports Tracking:
SPILLS database
AW1A Section 304 Established:
DEC is the drinking water primary agency; spill reports come to
our spill hotline.
National Survey of State Emergency Response Commissions | pg. Ill
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U.S. EPA Office of Emergency Management
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
State program - lower reporting thresholds; require electronic
reporting; one-stop filing
Number of Facilities Reported in CY
2020:
1,356
Reporting Software:
E-Plan
One-stop Filing:
Yes
Tier II Filing Fees:
No
Outreach to Facilities for Compliance:
Mass emails; Phone calls
AWIA Section 312 Requirements
Established:
N/A
Public Access to EPCRA In formation
(EPCRA Section 324):
Reading room
Fee for processing requests:
If request exceeds 200 pages, fee of 25 cents per page, inclusive
of the first 200 pages
LEPC Categorization: County
and Regional LEPCs
0 240 480 960 Miles
National Survey of State Emergency Response Commissions | pg. 112
N
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U.S. EPA Office of Emergency Management
Arizona
Commission Name:
Arizona State Emergency Response Commission
Legal Basis:
State Law: Arizona Revised Statute ง49-123
Commission Chair:
Arizona Department of Environmental Quality
SERC Members:
Arizona Department of Emergency and Military Affairs
(DEMA); Arizona Department of Homeland Security
(AZDOHS); Arizona Department of Public Safety (DPS);
Arizona Department of Transportation (ADOT); Arizona
Department of Agriculture (AZDA); Arizona Corporation
Commission (AZCC); Industrial Commission of Arizona
(ICA/Arizona Division of Occupational Safety and Health)
(AZDOSH); Arizona Department of Forestry & Fire
Management (DFFM); Arizona Office of State Mine Inspector
(ASMI); Arizona Fire Chiefs Association (AFCA); Arizona
Department of Health Services (AZDHS); Arizona Department
of Environmental Quality (ADEQ)
Roles and Responsibilities:
ADEO-Emergency Response Unit AZSERC
Supervise LEPC activities; Review emergency response plans;
Receive emergency release telephone notifications; Receive
emergency release notifications (follow-up written reports);
Receive Tier II reports or State equivalent; Receive and process
public requests for EPCRA information
Average Number of SERC Meetings
Held Annually:
2
Communication with LEPCs:
Emails; group calls; phone calls; in-person meetings;
conferences; virtual meetings
Resources and Assistance for LEPCs:
Funding; Guidance documents; Training; Response equipment
Tribal Representatives SERC/LEPC:
Yes
Sources of Funding:
State-appropriated funds; HMEP; Tier II filing fees
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follows federal program
Number of EHS Planning Facilities in
CY20:
2,200
Emergency Release Notification
Requirements (EPCRA Section 304):
Follows federal program
Release Notification System:
State Warning Point/Hotline; SERC office, Email
Follow-up Reports Tracking:
Spreadsheet
AWIA Section 304 Requirements
Established:
Operator will assign a computer generated ADEQ Spill Report
Log#, enter the date of the call, time of the call (military time),
agency name, name and title of caller, phone number (include
extension if applicable), value stream(s) effected, summary of
message (include incident
date/time/directions/address/equipment and material
used/responsible party with contact information/material
released/chemical name/quantity released/agencies notified/Was
National Survey of State Emergency Response Commissions | pg. 113
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U.S. EPA Office of Emergency Management
NRC called (obtain report #) and County. Action taken, Type of
spill Code (see legend), type the word "open" under the
open/close tab to indicate the call is open, National Response
Center # and first initial last name of the person who handled the
message, enter a number 1 under the VS contacted, enter a
number 1 under the county affected. Value Stream individual(s)
who are contacted regarding the spill and/or incident will receive
an email from Trello indicating they have a message to check
the spill log. If no further action is necessary enter what
happened in the open/close column (such as, inspector sent, no
further action required, matter closed, etc.)
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
Follows federal program
Number of Facilities Reported in CY
2020:
4,152
Reporting Software:
State-developed online tool; Requires electronic reporting
One-stop filing:
Yes
AWIA Section 312 Requirements
Established:
N/a
Tier II Filing Fee:
Yes
Public Access to EPCRA Information
(EPCRA Section 324):
Refer to Records Center
Fee for processing requests:
Records Center rates
National Survey of State Emergency Response Commissions | pg. 114
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U.S. EPA Office of Emergency Management
Arkansas
Commission Name:
Arkansas State Emergency Response Commission
Legal Basis:
State Law
Commission Chairs:
Rotates, SERC Chair is elected by its members
annually/periodically
SERC Members:
Department of Health; Department of Environmental Quality;
State Police; Department of Emergency Management (ADEM);
Department of Labor; Fire Training Academy; Department of
Transportation; Adjutant General; One (1) individual
representing the local emergency planning committees; Two (2)
individuals from regulated entities; One (1) individual from an
unregulated entity with knowledge of the Emergency Planning
and Community Right-to-Know Act of 1986, 42 U.S.C. ง11001
et seq; One (1) private citizen to represent the public at large
Roles and Responsibilities:
ADEM
Review emergency response plans; Receive emergency release
telephone notifications; Receive emergency release notifications
(follow-up written reports); Receive Tier II reports or State
equivalent; Receive and process public requests for EPCRA
information
Average Number of SERC Meetings
Held Annually:
2
Communication with LEPCs:
Personalized emails; Group emails
Resources and Assistance for LEPCs:
Training
Tribal Representatives in
SERC/LEPC:
None
Sources o f Funding:
Tier II filing fees
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follows federal program
Number of EHS Planning Facilities in
CY20:
672
Emergency Release Notification
Requirements (EPCRA Section 304):
Follows federal program
Release Notification System:
State Warning Point/Hotline
AWIA Section 304 Requirements
Established:
Direct notification of State Drinking Water Primary Agency
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
Follows federal program
Number of Facilities Reported in CY
2020:
3,184
Reporting Software:
TIER II MANAGER; Tier2 Submit
One-stop filing
Yes
Tier II Filing Fee:
Yes
AWIA Section 312 Requirements
Established:
N/a
National Survey of State Emergency Response Commissions | pg. 115
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U.S. EPA Office of Emergency Management
Public Access to EPCRA Information
(EPCRA Section 324):
Provide the data electronically
Fee for processing requests:
None
LEPC Categorization: County
LEPCs Only
0 25 50 100 Miles
1 I I I I I I I I
National Survey of State Emergency Response Commissions | pg. 116
X
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U.S. EPA Office of Emergency Management
California
Commission Name:
California State Emergency Response Commission/Chemical
Emergency Planning and Response Commission
Legal Basis:
Governor's Executive Order
Commission Chairs:
California Governor's Office of Emergency Services (Cal OES)
SERC Members:
Cal OES; California Environmental Protection Agency
(CalEPA); Tribal Emergency Response Committee (TERC); US
EPA; California Department of Transportation (CalTrans);
California Department of Consumer Affairs; California Better
Business Bureau; California Department of Food and
Agriculture; California Department of Industrial Relations;
California Health and Human Services; LEPC Regions 1-6
Roles and Responsibilities:
Not provided
Average Number of SERC Meetings
Held Annually:
1
Communication with LEPCs:
Personalized emails; group emails; phone calls; quarterly in-
person meetings
Resources and Assistance for LEPCs:
Support
Tribal Representatives in
SERC/LEPC:
Yes
Sources of Funding:
None
Emergency Planning Notification
Requirements (EPCRA Section 302):
State Program - California Accidental Release Prevention
Program (CalARP) covers additional chemicals; lower
thresholds
Number of EHS Planning Facilities in
CY20:
2,044
Emergency Release Notification
Requirements (EPCRA Section 304):
State Program - any hazardous substance spill
Release Notification System:
State Warning Point/Hotline, 911, Certified Unified Program
Agency (CUPA)
Follow-up Reports Tracking:
Spreadsheet
AWIA Section 304 Requirements
Established:
State warning center call down list.
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
State program - lower reporting thresholds; require electronic
reporting
Number of Facilities Reported in CY
2020:
226,201
Reporting Software:
California Environmental Reporting System
One-stop Filing:
Yes
Tier II Filing Fee:
Yes
Outreach to Facilities for Compliance:
At local level
AWIA Section 312 Requirements
Established:
N/a
National Survey of State Emergency Response Commissions | pg. 117
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U.S. EPA Office of Emergency Management
Public Access to EPCRA Information
(EPCRA Section 324)
At local level
Fee for processing requests:
At local level
National Survey of State Emergency Response Commissions | pg. 118
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U.S. EPA Office of Emergency Management
Colorado
Commission Name:
Colorado Emergency Planning Commission
Legal Basis:
State law
Commission Chairs:
Office of Emergency Management, Colorado Department of
Public Health and Environment (CDPHE)
SERC Members:
Department of Public Safety, Division of Homeland Security
and Emergency Management (DHSEM); Department of Public
Safety, Division of Fire Prevention and Control; Department of
Public Safety, Colorado State Patrol (hazardous materials
response); Department of Local Affairs, Division of Local
Government; Department of Public Health and Environment,
Office of Emergency Preparedness and Response; Two
representatives of local government; Two public interest
representatives; One local emergency planning committee
representative; Two representatives of industry affected by
EPCRA
Roles and Responsibilities:
SERC
Supervise LEPCs and their activities
DHSEM
Review community all-hazards plans
CDPHE
Receive emergency release notifications (initial telephone
notification); Receive hazardous chemical inventories (Tier II or
State equivalent)
SERC, CDPHE & LEPCs
Receive emergency release notifications (follow-up written
reports)
SERC & individual LEPCs
Receive and process public requests for EPCRA information
Average Number of SERC Meetings
Held Annually:
6
Communication with LEPCs:
Personalized and group emails; phone calls; annual conference;
in-person meetings
Resources and Assistance for LEPCs:
Funding; Technical assistance; Community risk communication;
Guidance documents; Training; Outreach to facilities;
Community based risk and capabilities assessments
Tribal Representatives in
SERC/LEPC:
Yes
Sources of Funding:
HMEP grant
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follows federal program
Number of EHS Planning Facilities in
CY20:
1,574
Emergency Release Notification
Requirements (EPCRA Section 304):
Follows federal program
Release Notification System:
State Warning Point/Hotline
National Survey of State Emergency Response Commissions | pg. 119
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U.S. EPA Office of Emergency Management
Follow-up Reports Tracking:
No
AWIA Section 304Requirements
Established:
Water systems are instructed to contact their local 911 dispatch
centers, so they receive immediate reports directly.
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
Follows federal program
Number of Facilities Reported in CY
2020:
11,309
Reporting Software:
Tier2 Submit
One-stop Filing:
Yes
Tier II Filing Fee:
Yes
Outreach to Facilities for Compliance:
Mass email; conferences; trade associations
AWIA Section 312 Requirements
Established:
Community water systems are instructed to join their local and
source water area LEPCs.
Public Access to EPCRA Information
(EPCRA Section 324):
Reading room access; provide the data electronically
Fee for processing requests:
No
LEPC Categorization: County
LEPCs Only
0 35 70 140 Miles
1 I I I I I I I I
N
A
National Survey of State Emergency Response Commissions | pg. 120
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U.S. EPA Office of Emergency Management
Connecticut
Commission Name:
Connecticut State Emergency Response Commission
Legal Basis:
State law
Commission Chair:
Facility representative appointed by Governor; assisted by CT
Department of Energy and Environmental Protection
SERC Members:
Department of Energy and Environmental Protection;
Department of Emergency Services and Public Protection;
Department of Public Health; State Fire Administrator; State
Fire Marshal; CT Department of Transportation; Department of
Labor; Office of Policy and Management; Military Department;
Municipal Fire Department Fire Chief; Volunteer Fire
Department Fire Chief; 3 representatives of facility owners or
operators; 4 members of the public
Roles and Responsibilities:
Department of Energy and Environmental Protection manages
all the following:
Supervise LEPCs and their activities; Review emergency
response plans; Receive emergency release notifications (initial
telephone notification); Receive hazardous chemical inventories
(Tier II or State equivalent); Receive emergency release
notifications (follow-up written reports); Receive and process
public requests for EPCRA information
Average Number of SERC Meetings
Held Annually:
5-6
Communication with LEPCs:
Group email
Resources and Assistance for LEPCs:
Training
Sources o f Funding:
HMEP grant
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follows federal program
Number of EHS Planning Facilities in
CY20:
1,304
Emergency Release Notification
Requirements (EPCRA Section 304):
Follows federal program
Release Notification System:
State Warning Point/Hotline
Follow-up Reports Tracking:
None
AWIA Section 304 Requirements
Established:
Currently, manual notifications. Moving to Hazconnectฎ39
automated notifications in 2022.
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
Follows federal program
Number of Facilities Reported in CY
2020:
2,330
Reporting Software:
Tier2 Submit
One-stop Filing:
Planned for Reporting Year 2022
39 Some states use Hazcomiectฎ TIER II MANAGER System as their reporting software for facilities to submit their annual
Tier II reports.
National Survey of State Emergency Response Commissions | pg. 121
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U.S. EPA Office of Emergency Management
Tier II Filing Fee:
No
Outreach to Facilities for Compliance:
Support EPA in webinars
AWIA Section 312 Requirements
Established:
Provided electronically upon request.
Public Access to EPCRA Information
(EPCRA Section 324):
Provide the data electronically
Fee for processing requests:
No
National Survey of State Emergency Response Commissions | pg. 122
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U.S. EPA Office of Emergency Management
Delaware
Commission Name:
Delaware State Emergency Response Commission
Legal Basis:
State law
Commission Chair:
Secretary of the Department of Safety and Homeland Security
SERC Members:
Delaware Department of Safety and Homeland Security
(DSHS); Delaware Department of Transportation (DelDOT);
Delaware State Police (DSP); Delaware Emergency
Management Agency (DEMA); Delaware Department of
Natural Resources and Environmental Control (DNREC);
Delaware State Fire Marshal; Delaware Division of Public
Health (DPH); Delaware State Fire School (DSFS); Delaware
State Fire Prevention Commission; Industry Representing Rail
Transportation; Industry Representing Air Transportation;
Industry Representing Highway Transportation; Industry
Representing Water Transportation; Industry Representing
Shippers; Industry Representing Chemical; Industry
Representing Consignees; Delaware Volunteer Firefighters
Association (DVFA); City of Wilmington LEPC; New Castle
County LEPC; Kent County LEPC; Sussex County LEPC
Roles and Responsibilities:
DEMA
Supervise LEPCs and their activities
Planning and Training Committee
Review emergency response plans
DNREC, Community Emergency Coordinator
Receive emergency release notifications (initial telephone
notification)
DNREC, Relevant LEPC
Receive hazardous chemical inventories (Tier II or State
equivalent)
DNREC via Centralized Online Reporting System
Receive emergency release notifications (follow-up written
reports)
Relevant LEPC (general public request), DNREC EPCRA
Reporting Program (FOIA requests)
Receive and process public requests for EPCRA information
Average Number of SERC Meetings
Held Annually:
4
Communication with LEPCs:
Personalized and group email; phone calls; quarterly in-person
meetings
Resources & Assistance for LEPCs:
Funding; Technical assistance; Community risk communication;
Guidance documents; Outreach to facilities
Tribal Representatives in
SERC/LEPC:
None
Sources of Funding:
State appropriated funds; HMEP grant; Tier II filing fees
National Survey of State Emergency Response Commissions | pg. 123
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U.S. EPA Office of Emergency Management
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follows federal program
Number of EHS Planning Facilities in
CY20:
295
Emergency Release Notification
Requirements (EPCRA Section 304):
State program - additional chemicals
Release Notification System:
State Warning Point/Hotline
Follow-up Reports Tracking:
Spreadsheet
AWIA Section 304 Requirements
Established:
The DERNS application allows for users to sign-up to receive
notices when releases are reported. Our State Drinking Water
Primacy Agency contacts are signed up as designated recipients.
For written follow-up reports, those folks are included in the
email list of recipients for those reports. (When written reports
are received, those reports are scanned and distributed to a set
user list via email.)
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
Requires lower threshold reporting; electronic reporting; and
reporting fees
Number of Facilities Reported in CY
2020:
2,563
Reporting Software:
TIER II MANAGER
One-stop Filing:
Yes
Tier II Filing Fee:
Yes
Outreach to Facilities for Compliance:
Webinars; mass email; phone calls; direct mailings
AWIA Section 312 Requirements
Established:
Provide data exported from system in excel format, as requested.
Public Access to EPCRA In formation
(EPCRA Section 324):
Provide the data electronically
Fee for processing requests:
No
LEPC Categorization: County
LEPCs Only
0 5 10 20 Miles
1 i i i I i i i I
National Survey of State Emergency Response Commissions | pg. 124
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U.S. EPA Office of Emergency Management
Florida
Commission Name:
Florida State Emergency Response Commission
Legal Basis:
Governor's Executive Order
Commission Chair:
Florida Division of Emergency Management (FDEM),
Director
SERC Members:
Florida Department of Environmental Protection; Florida
Department of Emergency Management (FDEM); Florida
Department of Transportation; Florida Department of
Highway Safety and Motor Vehicles, Division of Florida
Highway Patrol; Florida Department of Law Enforcement;
Florida Department of Agriculture and Consumer Services;
Florida Department of Health; Executive Office of the
Governor; Florida Fire Chiefs Association; Florida
Association of Counties; Florida League of Cities; Florida
Regional Planning Councils Association; Florida Emergency
Preparedness Association; Florida Department of Financial
Services, Division of State Fire Marshal; Florida Minerals and
Chemistry Council; Associated Industries of Florida; Florida
Chamber of Commerce; Florida Professional Firefighters;
Department of Economic Opportunity; Chair of the Local
Emergency Response Commission; Two members
representing public interest, environmental or consumer
organizations; One member representing the Phosphate
Industry; One member representing the Petroleum Industry;
One member representing the Agriculture Industry; One
member representing the Utility Industry; One member
representing the Transportation Industry; One member
representing Space Florida
Roles and Responsibilities:
SERC, FDEM Technological Hazards Unit (staff)
Supervise LEPCs and their activities; Review emergency
response plans; Receive emergency release notifications
(follow-up written reports); Receive hazardous chemical
inventories (Tier II or State equivalent)
SERC, FDEM State Watch Office
Receive emergency release notifications (initial telephone
notification)
SERC, FDEM Legal Unit (staff)
Receive and process public requests for EPCRA information
Average Number of SERC Meetings
Held Annually:
4
Communication with LEPCs:
Personalized and group email; phone calls; quarterly in-
person meetings; annual hazmat symposium
Resources and Assistance for
LEPCs:
Funding; Technical assistance; Community risk
communication; Guidance documents; Outreach to facilities;
Onsite facility inspections
National Survey of State Emergency Response Commissions | pg. 125
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U.S. EPA Office of Emergency Management
Tribal Representatives in
SERC/LEPC:
No
Sources o f Funding:
State appropriated funds; Tier II filing fees
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follows federal program
Number of EHS Planning Facilities in
CY20:
3,500
Emergency Release Notification
Requirements (EPCRA Section 304):
Requires additional reporting to federal requirement
Release Notification System:
State Warning Point/Hotline; 911
Follow-up Reports Tracking:
Online database
AWIA Section 304 Requirements
Established:
Online database
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
Follows federal program
Number of Facilities Reported in CY
2020:
12,987
Reporting Software:
E-Plan; Requires electronic reporting
One-stop Filing:
Yes
Tier II Filing Fee:
Yes
Outreach to Facilities for
Compliance:
Webinars, mass email, phone calls
AWIA Section 312 Requirements
Established:
The Water facilities and the State Source and Drinking Water
Unit within the Florida Department of Environmental
Protection have access to the on-line database described
above.
Public Access to EPCRA Information
(EPCRA Section 324)
Provide the data electronically
Fee for processing requests:
Yes, $1.00/page
LEPC Categorization: Regional
LEPCs Only
0 37.5 75 150 Miles
1 i i i I i i i I
A
National Survey of State Emergency Response Commissions | pg. 126
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U.S. EPA Office of Emergency Management
Georgia
Commission Name:
Georgia State Emergency Response Commission
Legal Basis:
State Law (Georgia Emergency Management Act of 1981)
and Governor's memo/letter
Commission Chair:
Georgia Environmental Protection Division
SERC Members:
Georgia Environmental Protection Division (GA EPD),
Georgia Emergency Management and Homeland Security
Agency (GEMA/HS)
Roles and Responsibilities:
GEMA/HS
Supervise LEPCs and their activities; Review emergency
response plans; Receive emergency release notifications
(follow-up written reports); Receive and process public
requests for EPCRA information
GAEPD
Receive hazardous chemical inventories (Tier II or State
equivalent)
State Warning Point (GEMA/HS & GA EPD)
Receive emergency release notifications (initial telephone
notification)
Average Number of SERC Meetings
Held Annually:
0
Communication with LEPCs:
Personalized and group email; phone calls; in-person
meetings; conferences
Resources & Assistance for LEPCs:
Technical assistance; Community risk communication;
Guidance documents; Training; Outreach to facilities
Tribal Representatives in
SERC/LEPC:
No
Sources of Funding:
Federal grant: HMEP Training and Planning
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follows federal program
Number of EHS Planning Facilities in
CY20:
3,028
Emergency Release Notification
Requirements (EPCRA Section 304):
Follows federal program
Release Notification System:
State Warning Point/Hotline
Follow-up Reports Tracking:
Spreadsheet
AWIA Section 304 Requirements
Established:
The state warning point receives notification. Clarifying
direct notification to EPD Watershed Branch.
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
Follows federal program
Number of Facilities Reported in CY
2020:
5,261
Reporting Software:
E-Plan
One-stop Filing:
Yes, but require separate submission to the fire department
Tier II Filing Fee:
No
National Survey of State Emergency Response Commissions | pg. 127
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U.S. EPA Office of Emergency Management
Outreach to Facilities for Compliance:
Mass email; phone calls; direct mailings
AWIA Section 312 Requirements
Established:
We encourage a representative of the community water
system join the LEPC. The SERC will conduct outreach to
inform them they can contact the SERC directly for Tier II
reports if no LEPC operates locally.
Public Access to EPCRA Information
(EPCRA Section 324):
Provide the data electronically
Fee for processing requests:
None
LEPC Categorization: County
LEPCs Only
0 25 50 100 Miles
1 l l I I I I l I
National Survey of State Emergency Response Commissions | pg. 128
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U.S. EPA Office of Emergency Management
Commission Name:
Hawaii State Emergency Response Commission
Legal Basis:
State Law
Commission Chair:
Deputy Director of Environmental Health
SERC Members:
Hawaii Director of Health, State of Hawaii; Hawaii Director
of Agriculture; Hawaii Emergency Management Agency;
Hawaii Department of Labor and Industrial Relations,
Director; Hawaii Department of Business Economic
Development and Tourism; Hawaii Department of
Transportation, Director; Office of Public Health Studies,
Universities of Hawaii; Local Emergency Planning
Committee, Counties; General Public
Roles and Responsibilities:
Hazard Evaluation and Emergency Response (HEER)
Supervise LEPCs and their activities; Receive emergency
release notifications (initial telephone notification); Receive
emergency release notifications (follow-up written reports);
Receive hazardous chemical inventories (Tier II or State
equivalent); Receive and process public requests for EPCRA
information
County Departments
Review emergency response plans
Average Number of SERC Meetings
Held Annually:
4
Communication with LEPCs:
Personalized and group email; quarterly in-person meetings;
virtual meetings
Resources & Assistance for LEPCs:
Funding; Technical assistance; Community risk
communication; Guidance documents; Training; Outreach to
facilities; Onsite facility inspections
Tribal Representatives in
SERC/LEPC:
No
Sources of Funding:
Federal grant: HMEP; Tier II filing fees
Emergency Planning Notification
Requirements (EPCRA Section 302):
State program - lower threshold quantities
Number of EHS Planning Facilities in
CY20:
907
Emergency Release Notification
Requirements (EPCRA Section 304):
Requires reporting for additional substances
Release Notification System:
State Warning Point/Hotline; SERC office
Follow-up Reports Tracking:
Database
AWIA Section 304 Requirements
Established:
If there is a release that occurs near a drinking water well, we
notify the Safe Drinking Water Branch.
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
More stringent requirements than federal program with lower
reporting threshold quantities
Number of Facilities Reported in CY
2020:
907
National Survey of State Emergency Response Commissions | pg. 129
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U.S. EPA Office of Emergency Management
Reporting Software:
Tier2 Submit
One-stop Filing:
No
Tier II Filing Fee:
Yes
Outreach to Facilities for Compliance:
Direct mailings; newspaper ads
AWIA Section 312 Requirements
Established:
N/a
Public Access to EPCRA Information
(EPCRA Section 324):
Provide the data electronically; postal mail; discs
Fee for processing requests:
$0.05/page; $5/disc
o
"D
LEPC Categorization: County
LEPCs Only
I i i_
50
I
j i i I
National Survey of State Emergency Response Commissions | pg. 130
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U.S. EPA Office of Emergency Management
Idaho
Commission Name:
Idaho State Emergency Response Commission
Legal Basis:
State law
Commission Chair:
Idaho Office of Emergency Management HazMat Regulatory
Compliance Manager
SERC Members:
Idaho Office of Emergency Management
Roles and Responsibilities:
Not provided
Average Number of SERC Meetings
Held Annually:
0
Communication with LEPCs:
Personalized and group emails; phone calls
Technical assistance; Community risk communication;
Resources & Assistance to LEPCs:
Guidance documents; Outreach to facilities; Onsite facility
inspections
Tribal Representatives SERC/LEPC:
Yes
Sources of Funding:
Not provided
Emergency Planning Notification
Requirements (EPCRA Section 302):
Not provided
Number of EHS Planning Facilities in
CY20:
665
Emergency Release Notification
Requirements (EPCRA Section 304):
Follows federal program
Release Notification System:
State Communications - 24/7/365 staffed interagency
dispatch center
Follow-up Reports Tracking:
Spreadsheet
AWIA Section 304 Requirements
State Communications notification distribution list for written
Established:
transcript of call.
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
Follows federal program
Number of Facilities Reported in CY
2020:
1,224
Reporting Software:
Tier2 Submit
One-stop Filing:
Yes
Tier II Filing Fee:
No
Outreach to Facilities for Compliance:
Mass email; phone calls
AWIA Section 312 Requirements
Established:
Provided as requested.
Public Access to EPCRA Information
(EPCRA Section 324):
Provide the data electronically & postal mail
Fee for processing requests:
None
National Survey of State Emergency Response Commissions | pg. 131
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U.S. EPA Office of Emergency Management
National Survey of State Emergency Response Commissions | pg. 132
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U.S. EPA Office of Emergency Management
Illinois
Commission Name:
Illinois State Emergency Response Commission
Legal Basis:
State law
Commission Chair:
Illinois Emergency Management Agency (IEMA)
SERC Members:
I EM A
IEMA
Roles and Responsibilities:
Supervise LEPCs and their activities; Review emergency
response plans; Receive emergency release notifications
(initial telephone notification); Receive emergency release
notifications (follow-up written reports); Receive hazardous
chemical inventories (Tier II or State equivalent); Receive
and process public requests for EPCRA information
Average Number of SERC Meetings
Held Annually:
12
Communication with LEPCs:
Phone calls; in-person meetings; conferences
Resources & Assistance for LEPCs:
Guidance documents; Training; Outreach to facilities
Tribal Representatives SERC/LEPC:
No
Sources of Funding:
Federal HMEP grant
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follows federal program
Number of EHS Planning Facilities in
CY20:
3,524
Emergency Release Notification
Requirements (EPCRA Section 304):
Follows federal program
Release Notification System:
State Hotline/Warning Point
Follow-up Reports Tracking:
None
AWIA Section 304 Requirements
Established:
WEB EOC System.
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
Follows federal program
Number of Facilities Reported in CY
2020:
8,553
Reporting Software:
TIER II MANAGER online reporting system
One-stop Filing:
No
Tier II Filing Fee:
No
Outreach to Facilities for Compliance:
Mass email; phone calls; conferences
AWIA Section 312 Requirements
Established:
Provided as requested.
Public Access to EPCRA Information
(EPCRA Section 324):
Provide the data electronically
Fee for processing requests:
No
National Survey of State Emergency Response Commissions | pg. 133
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U.S. EPA Office of Emergency Management
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U.S. EPA Office of Emergency Management
Indiana
Commission Name:
Indiana State Emergency Response Commission
Legal Basis:
Governor's Executive Order
Commission Chair:
Indiana State Fire Marshall
SERC Members:
Indiana Department of Homeland Security (IDHS); Indiana
Department of Environmental Management (IDEM);
Indiana State Police; Indiana State Fire Marshal; Marion
County Health; Gibson County Emergency Management;
VSG: A Dover Company; Eli Lilly and Company; County
Jail; Public Representatives
Roles and Responsibilities:
IDHS
Supervise LEPCs and their activities; Review emergency
response plans; Receive hazardous chemical inventories
(Tier II or State equivalent); Receive and process public
requests for EPCRA information
IDEM
Receive emergency release notifications (initial telephone
notification); Receive emergency release notifications
(follow-up written reports)
Average Number of SERC Meetings
Held Annually:
5
Communication with LEPCs:
Personalized and group emails; phone calls; in-person
meetings; virtual meetings
Resources & Assistance to LEPCs:
Funding; Technical assistance; Guidance documents;
Training
Tribal Representatives SERC/LEPC:
None
Sources of Funding:
State appropriated funds; Federal HMEP grant; Tier II
filing fees
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follows federal program
Number of EHS Planning Facilities in
CY20:
3,250
Emergency Release Notification
Requirements (EPCRA Section 304):
Follows federal program
Release Notification System:
State Hotline/Warning Point; 911
Follow-up Reports Tracking:
TIER II MANAGER
AWIA Section 304 Requirements
Established:
We have added a process to TIER II MANAGER because
we already had an incident reporting feature on the system.
We are currently in the testing phase and hope to go live by
the end of 2021
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
Follows federal program
Number of Facilities Reported in CY
2020:
6,716
Reporting Software:
TIER II MANAGER online reporting system
National Survey of State Emergency Response Commissions | pg. 135
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U.S. EPA Office of Emergency Management
One-stop Filing:
Yes
Tier II Filing Fee:
Yes
Outreach to Facilities for Compliance:
Webinars; mass email
AWIA Section 312 Requirements
Established:
The water systems will be able to access the incident
reports filed onto Tier II or can contact IDEM or IDHS for
the spill information.
Public Access to EPCRA Information
(EPCRA Section 324):
Provide the data electronically
Fee for processing requests:
No
LEPC Categorization: County
LEPCs Only
0 25 50 100 Miles
1 I i i I i I i I
National Survey of State Emergency Response Commissions | pg. 136
A
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U.S. EPA Office of Emergency Management
Commission Name:
Iowa Department of Homeland Security and Emergency
Management (HSEMD) and the Iowa Department of Natural
Resources (DNR) are responsible for carrying out the
responsibilities of the SERC
Legal Basis:
Disbanded in 2017
Commission Chair:
Iowa Homeland Security and Emergency Management
SERC Members:
Iowa Homeland Security and Emergency Management; Iowa
Department of Natural Resources
Roles and Responsibilities:
HSEMD
Supervise LEPCs and their activities; Review emergency
response plans
DNR - Receive emergency release notifications (initial
telephone notification); Receive emergency release
notifications (follow-up written reports); Receive hazardous
chemical inventories (Tier II or state equivalent)
LEPCs, DNR
Receive and process public requests for EPCRA information
Average Number of SERC Meetings
Held Annually:
0
Communication with LEPCs:
Personalized and group emails
Resources & Assistance to LEPCs:
Guidance documents; Outreach to facilities
Tribal Representatives in
SERC/LEPC:
None
Sources of Funding:
HMEP
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follows federal program
Number of EHS Planning Facilities in
CY20:
1,693
Emergency Release Notification
Requirements (EPCRA Section 304):
Requires reporting for additional substances
Release Notification System:
State Warning Point/Hotline
Follow-up Reports Tracking:
Hazardous substance incident tracking database
AWIA Section 304 Requirements
Established:
The Iowa DNR is the state primacy agency. When an
incident is reported staff evaluate risks to water system and
make notification if appropriate.
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
Follows federal program
Number of Facilities Reported in CY
2020:
4,578
Reporting Software:
E-Plan
One-stop Filing:
No
Tier II Filing Fee:
No
National Survey of State Emergency Response Commissions | pg. 137
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U.S. EPA Office of Emergency Management
Outreach to Facilities for Compliance:
Webinars; mass email, phone calls; conferences; trade
associations; notification to county emergency management
agencies
AWIA Section 312 Requirements
Established:
PWS/CWS that request access to the Tier II system are
granted access. If they prefer the department supply them
with a report of facilities submitting Tier II reports we can
accommodate that as well. We also have geographical
mapping tools that indicates Tier II facility locations in
relation to PWS/CWS source water capture zones.
Public Access to EPCRA Information
(EPCRA Section 324):
Reading room access; provide the data electronically; postal
mail
Fee for processing requests:
None
LEPC Categorization: County
LEPCs Only
0 30 60 120 Miles
1 I I I I I I I I
K
A
National Survey of State Emergency Response Commissions | pg. 138
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U.S. EPA Office of Emergency Management
Commission Name:
Kansas Commission on Emergency Planning & Response
(CEPR)
Legal Basis:
State Law
Commission Chair:
Kansas Commission on Disability Concerns
SERC Members:
Homeland Security Councils; Kansas Fire Marshall's Office,
Firefighters; Kansas Department of Transportation; Kansas
Department of Health and Environment; Kansas Adjutant
General; Kansas Department of Commerce; Kansas Bureau
of Investigation; Kansas Department of Agriculture; Kansas
Highway Patrol; Counties Representative; Business/Industry
Representative (Broadcasting); Business/Industry
Representatives; Agriculture, Crop, or Livestock
Representative; Transportation, Trucking, and Rail; Law
Enforcement Officers Representative; County Emergency
Managers Representative; Emergency Services
Representative; Public Works Services Representative;
Hospitals Representative; Public Health Representative;
Tribes of Kansas Representative
Roles and Responsibilities:
Kansas Division of Emergency Management
Supervise LEPCs and their activities; Review emergency
response plans; Receive emergency release notifications
(follow-up written reports)
Kansas Department of Health and Environment
Receive hazardous chemical inventories (Tier II or State
equivalent)
Kansas Division of Emergency Management/ Kansas
Department of Health and Environment
Receive emergency release notifications (initial telephone
notification)
Varies based on who receives request
Receive and process public requests for EPCRA information
Average Number of SERC Meetings
Held Annually:
4
Communication with LEPCs:
Personalized and group email; phone calls
Resources & Assistance for LEPCs:
General support and guidance for overall emergency
management activities
Tribal Representatives SERC LEPC:
Yes
Sources of Funding:
Tier II filing fees
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follows federal program
Number of EHS Planning Facilities in
CY20:
1,978
Emergency Release Notification
Requirements (EPCRA Section 304):
Follows federal program
National Survey of State Emergency Response Commissions | pg. 139
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U.S. EPA Office of Emergency Management
Release Notification System:
State Hotline/Warning Point
Follow-up Reports Tracking:
Database
AWIA Section 304 Requirements
Established:
Kansas Department of Health and Environment (KDHE),
Spills Response Program, makes internal notification to
KDHE Bureau of Water regarding hazardous materials
releases that have or will impact public water supplies;
KDHE Bureau of Water makes the appropriate notification to
public water supplies that have been or will be impacted so
that they may begin to initiate emergency protective
measures as needed.
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
Follows federal program
Number of Facilities Reported in CY
2020:
21,021
Reporting Software:
State-developed online reporting tool; Electronic reporting
One-stop Filing:
No
Tier II Filing Fee:
Yes
Outreach to Facilities for Compliance:
Mass email; phone calls; conferences; trade associations;
direct mailings
AWIA Section 312 Requirements
Established:
Individual requests are emailed to the Kansas Department of
Health and Environment, Right-to-Know Program at
kdhc.rtkc/ks.eov.
Public Access to EPCRA In formation
(EPCRA Section 324):
Reading room access; provide the data electronically; postal
mail; Kansas Open Records Act
Fee for processing requests:
None
LEPC Categorization: County
LEPCs Only
140 Mile
I
National Survey of State Emergency Response Commissions | pg. 140
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U.S. EPA Office of Emergency Management
Kentucky
Commission Name:
Kentucky Emergency Response Commission
Legal Basis:
State Law
Commission Chair:
Director of the Division of Emergency Management (KY
Emergency Management (KYEM))
SERC Members:
Executive Director of the Department of Military Affairs
(Vice Chair); Kentucky Fire Commission Executive Director
or Designee; Energy and Environment Cabinet
representative; State Fire Marshal; Kentucky State Police;
Attorney General's Office; Department of Agriculture;
Affected Industry representative; Local government
representative; Health services representative; Environmental
interest representative; Technical expertise representative
Roles and Responsibilities:
KYEM
Supervise LEPCs and their activities; Review emergency
response plans; Receive emergency release notifications
(initial telephone notification); Receive emergency release
notifications (follow-up written reports); Receive hazardous
chemical inventories (Tier II or state equivalent); Receive
and process public requests for EPCRA information
Average Number of SERC Meetings
Held Annually:
6
Communication with LEPCs:
Personalized and group email; phone calls; in-person
meetings; annual Governor's Emergency Management
Workshop (GEMW); annual training
Resources & Assistance to LEPCs:
Funding; Technical assistance; Guidance documents;
Training
Tribal Representatives SERC/LEPC:
None
Sources of Funding:
Tier II filing fees
Emergency Planning Notification
Requirements (EPCRA Section 302):
Includes additional questions regarding EHS locations,
delivery routes, supplier, exercises, and training program
Number of EHS Planning Facilities in
CY20:
1,253
Emergency Release Notification
Requirements (EPCRA Section 304):
Follows federal program
Release Notification System:
State Hotline/Warning Point, SERC office
Follow-up Reports Tracking:
TIER II MANAGERTM online reporting system
AWIA Section 304 Requirements
Established:
The affected jurisdiction notifies the Kentucky State Warning
Point (SWP) regarding the release. The SWP point then
notifies the Kentucky Department of Health, the Kentucky
Energy and Environment Cabinet, the Kentucky Public
Service Commission, and the Kentucky Transportation
Cabinet.
National Survey of State Emergency Response Commissions | pg. 141
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U.S. EPA Office of Emergency Management
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
State program - requires electronic reporting; additional
reporting questions on EHS locations, delivery routes,
supplier, exercises, and training program
Number of Facilities Reported in CY
2020:
5,650
Reporting Software:
TIER II MANAGER online reporting system
One-stop Filing:
Yes
Tier II Filing Fee:
Yes
Outreach to Facilities for Compliance:
Webinars; mass email; phone calls; conferences
AWIA Section 312 Requirements
Established:
Create account in TIER II MANAGER.
Public Access to EPCRA Information
(EPCRA Section 324):
Reading room access; provide the data electronically; postal
mail
Fee for processing requests:
None
LEPC Categorization: County
LEPCs Only
0 37.5 75 150 Miles
1 I i i I I I i I
National Survey of State Emergency Response Commissions | pg. 142
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U.S. EPA Office of Emergency Management
Louisiana
Commission Name:
Louisiana Emergency Response Commission
Legal Basis:
State Law and Governor's Executive Order
Commission Chair:
Department of Public Safety
SERC Members:
Department of Public Safety; Department of Environmental
Quality; Department of Agriculture and Forestry;
Governor's Office of Homeland Security and Emergency
Preparedness; Right-to-Know Unit, Department of Public
Safety; Louisiana Emergency Preparedness Association;
Louisiana State University Fire and Emergency Training
Institute; Environmental Interests; Louisiana Chemical
Association; Ten at-large members
Roles and Responsibilities:
Right-to-Know Unit, Department of Public Safety Supervise
LEPCs and their activities; Receive emergency release
notifications (initial telephone notification); Receive
emergency release notifications (Follow-up written reports);
Receive hazardous chemical inventories (Tier II or state
equivalent)
Governor's Office ofFIomeland Security and Emergency
Preparedness
Review emergency response plans
Right-to-Know Unit, Department of Public Safety and the
Local Emergency Planning Committees
Receive and process public requests for EPCRA information
Average Number of SERC Meetings
Held Annually:
4
Communication with LEPCs:
Personalized and group email; phone calls; in-person
meetings
Resources & Assistance to LEPCs:
Community risk communication; Guidance documents;
Training; Outreach to facilities; Onsite facility inspections
Sources of Funding:
HMEP grant; Tier II filing fees
Emergency Planning Notification
Requirements (EPCRA Section 302):
State has more stringent requirements, lower threshold
quantities than federal requirement
Number of EHS Planning Facilities in
CY20:
11,701
Emergency Release Notification
Requirements (EPCRA Section 304):
State program - additional reporting of substances
Release Notification System:
State Hotline/Warning Point; electronic notification through
E-merge (third-party vendor)
Follow-up Reports Tracking:
None
AWIA Section 304 Requirements
Established:
All calls received through the Hazmat Hotline are relayed to
multiple agencies including the Primary Agency for State
Drinking Water. They also receive copies of the written
follow-up reports received.
National Survey of State Emergency Response Commissions | pg. 143
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U.S. EPA Office of Emergency Management
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
State program - requires electronic reporting; lower
reporting threshold
Number of Facilities Reported in CY
2020:
17,784
Reporting Software:
State-developed online reporting tool
One-stop Filing:
No
Tier II Filing Fee:
Yes
Outreach to Facilities for Compliance:
Mass email; conferences; trade associations; direct mailings
AWIA Section 312 Requirements
Established:
Access through E-Plan or may request directly from the
LEPC.
Public Access to EPCRA Information
(EPCRA Section 324):
Reading room access; postal mail; pick-up at Headquarters"
Building
Fee for processing requests:
A Tier II request for a facility is $20 plus 25 cents per page,
(multiple-facility requests must be approved on a case-by-
case basis). Man-hours used to research, locate, and compile
the relative information shall be billed at $27 per hour.
Hardware costs: discs are $10; thumb drives are $5.
LEPC Categorization: County
LEPCs Only
0 25 50 100 Miles
1 I I I I I I I I
National Survey of State Emergency Response Commissions | pg. 144
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U.S. EPA Office of Emergency Management
Maine
Commission Name:
Maine State Emergency Response Commission
Legal Basis:
State Law
Commission Chair:
Maine Emergency Management Agency Director
SERC Members:
Maine Emergency Management Agency; Maine Dept. of
Environmental Protection; Maine State Police; Maine Dept.
of Transportation; Maine Emergency Medical Services;
Maine Dept. of Labor; Maine Dept. of Health and Human
Services; Representative of local government;
Representative of Maine's Fire Chief Association;
Representative of Professional Firefighters; Representative
of private commerce and industry; Representative of
Volunteer Firefighters; Representative of Organized Labor;
Representative of an Environmental Advocacy Organization
Roles and Responsibilities:
Maine Emergency Management Agency
Supervise LEPCs and their activities; Review emergency
response plans; Receive emergency release notifications
(initial telephone notification); Receive emergency release
notifications (follow-up written reports); Receive hazardous
chemical inventories (Tier II or state equivalent); Receive
and process public requests for EPCRA information
Average Number of SERC Meetings
Held Annually:
4
Communication with LEPCs:
Personalized and group email; phone calls; in-person
meetings; conferences
Resources & Assistance to LEPCs:
Funding; Technical assistance; Community risk
communication; Guidance documents; Training; Outreach to
facilities; Onsite facility inspections
Number of Tribes/TERCs:
Five tribes, unknown if any TERCs
Tribal Representatives in
SERC/LEPC:
Yes
Sources of Funding:
HMEP grant; Tier II filing fees
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follows federal program
Number of EHS Planning Facilities in
CY20:
554
Emergency Release Notification
Requirements (EPCRA Section 304):
State program - requires reporting of all releases
Release Notification System:
911/SERC office
Follow-up Reports Tracking:
No
AWIA Section 304 Requirements
Established:
Maine has a 24/hour phone number for them and an email
address to make notifications. Maine Dept. of
Environmental Protection also makes notifications to the
State Drinking Water Program when they respond to a spill.
National Survey of State Emergency Response Commissions | pg. 145
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U.S. EPA Office of Emergency Management
Our State Drinking Water Program also gets alerts from the
NRC on any spills that get reported.
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
Follows federal program
Number of Facilities Reported in CY
2020:
2,642
Reporting Software:
Tier2 Submit; requires electronic reporting
One-stop Filing:
No
Tier II Filing Fee:
Yes
Outreach to Facilities for Compliance:
Webinars; mass email; phone calls; conferences; direct
mailings
AWIA Section 312 Requirements
Established:
If a water district reached out, we will provide them with the
information they request but they have to reach out to the
State or the County EMA for that information.
Public Access to EPCRA Information
(EPCRA Section 324):
Provide data electronically
Fee for processing requests:
Hard copy $.10/page
LEPC Categorization: County
LEPCs Only
0 30 60 120 Miles
1 I I I I I I I I
A
National Survey of State Emergency Response Commissions | pg. 146
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U.S. EPA Office of Emergency Management
Maryland
Commission Name:
Governor's Emergency Management Advisory
Council/Maryland State Emergency Response Commission
Legal Basis:
Governor's Executive Order
Commission Chair:
Governor's Emergency Management Advisory Council
SERC Members:
Local Jurisdictions (rep as appointed); Maryland Department
of the Environment (MDE) (supporting); Maryland
Department of Emergency Management (MDEM)
(supporting)
MDEM
Review emergency response plans
MDE/MDEM
Roles and Responsibilities:
Receive emergency release notifications (initial telephone
notification); Receive emergency release notifications
(follow-up written reports)
MDE
Receive hazardous chemical inventories (Tier II or State
equivalent); Receive and process public requests for EPCRA
information
Average Number of SERC Meetings
Held Annually:
4
Communication with LEPCs:
Personalized email; phone calls
Resources & Assistance to LEPCs:
Technical assistance; Training
Tribal Representatives SERC/LEPC:
No
Sources o f Funding:
Tier II filing fees
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follows federal program
Number of EHS Planning Facilities in
CY20:
946
Emergency Release Notification
Requirements (EPCRA Section 304):
Follows federal program
Release Notification System:
State Hotline
Follow-up Reports Tracking:
None
AWIA Section 304 Requirements
Established:
MDE CRTK staff review incident reports each morning
(weekdays only) and forwards any covered reports to the
Water Supply Program.
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
Follows federal program
Number of Facilities Reported in CY
2020:
2,358
Reporting Software:
TIER II MANAGER online reporting system
One-stop Filing:
Yes
Tier II Filing Fee:
Yes
Outreach to Facilities for Compliance:
Mass email; phone calls; direct mailings; LEPC meetings
National Survey of State Emergency Response Commissions | pg. 147
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U.S. EPA Office of Emergency Management
AWIA Section 312 Requirements
Established:
Any request from a CWS is forwarded to the Water Supply
Program. Water Supply provides the coordinates for the
source water protection area to MDE's IT GIS staff. The
GIS staff overlays the source water protection area onto the
Tier Two geographic layer and extracts the list of facilities.
CRTK staff then provides either the list of facilities or
electronic copies of Tier Two reports (whichever was
requested) to the CWS.
Public Access to EPCRA Information
(EPCRA Section 324):
Reading room access
Fee for processing requests:
First two hours of search time is free
National Survey of State Emergency Response Commissions | pg. 148
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U.S. EPA Office of Emergency Management
Massachusetts
Commission Name:
Massachusetts State Emergency Response Commission
Legal Basis:
Governor's Letter
Commission Chair:
Massachusetts Emergency Management Agency
SERC Members:
Massachusetts Emergency Management Agency (MEMA);
Massachusetts Fire Chiefs Association; Massachusetts
Department of Fire Services; Massachusetts Department of
Environmental Protection (Mass DEP); Massachusetts
Department of Public Health; Massachusetts Association of
Hazmat Technicians; Massachusetts Highway Department;
Massachusetts State Police; Member of Environmental
Organization; Massachusetts Chiefs of Police Association
Roles and Responsibilities:
MEMA
Supervise LEPCs and their activities; Receive hazardous
chemical inventories (Tier II or State equivalent); Receive
and process public requests for EPCRA information
SERC
Review emergency response plans
Mass DEP
Receive emergency release notifications (initial telephone
notification); receive emergency release notifications
(follow-up written reports)
Average Number of SERC Meetings
Held Annually:
4
Communication with LEPCs:
Personalized and group email; phone calls
Sources of Funding:
HMEP grant; FEMA grant; State-appropriated funds; Tier II
filing fees
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follows federal program
Number of EHS Planning Facilities in
CY20:
No response
Emergency Release Notification
Requirements (EPCRA Section 304):
Follows federal program
Release Notification System:
State Hotline/Warning Point
Follow-up Reports Tracking:
No response
AWIA Section 304 Requirements
Established:
MassDEP is notified about releases and is the primary
drinking water agency
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
Follows federal program
Number of Facilities Reported in CY
2020:
Approximately 10,000
Reporting Software:
TIER II MANAGER online reporting system
One-stop Filing:
No
Tier II Filing Fee:
Yes
Outreach to Facilities for Compliance:
Mass email
National Survey of State Emergency Response Commissions | pg. 149
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U.S. EPA Office of Emergency Management
AWIA Section 312 Requirements
Established:
Requests for Tier II info come to MEMA HQ and we provide
appropriate reports to stakeholders that request information.
Public Access to EPCRA Information
(EPCRA Section 324):
Provide data electronically; postal mail
Fee for processing requests:
No
LEPC Categorization: LEPCs are
individual townships
0 15 30 60 Miles
1 I I i I i i I I
National Survey of State Emergency Response Commissions | pg. 150
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U.S. EPA Office of Emergency Management
Michigan
Commission Name:
Michigan State Emergency Response Commission
Legal Basis:
Governor's Executive Order
Commission Chair:
Michigan Department of Environment, Great Lakes, and
Energy (Michigan EGLE)
SERC Members:
Department of Agriculture and Rural Development;
Michigan EGLE; Department of Health and Human Services;
Department of Military and Veterans Affairs; Department of
State Police; Department of Transportation; Michigan
Community Service Commission; State Fire Marshal; Bank
of America; Pokagon Tribal Police Department; Calhoun
County; Michigan State University; City of Mason Fire
Department; City of Dearborn; Oakland County Health
Division; Jefferson East, Inc.; City of Portland; Michigan 2-
1-1; Newaygo County
Roles and Responsibilities:
Michigan EGLE
Receive emergency release notifications (initial telephone
notification); Receive emergency release notifications
(follow-up written reports); Receive hazardous chemical
inventories (Tier II or State equivalent); Receive and process
public requests for EPCRA information
Michigan State Police
Supervise LEPCs and their activities; Review emergency
response plans
Average Number of SERC Meetings
Held Annually:
4
Communication with LEPCs:
Personalized and group email; phone calls; in-person
meetings; annual statewide LEPC meeting
Resources & Assistance to LEPCs:
Funding; Technical assistance; Community risk
communication; Guidance documents; Training; Outreach to
facilities
Tribal Representatives in
SERC/LEPC:
Yes
Sources of Funding:
HMEP grant
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follows federal program
Number of EHS Planning Facilities in
CY20:
3,212
Emergency Release Notification
Requirements (EPCRA Section 304):
Follows federal program
Release Notification System:
State Hotline; 911
Follow-up Reports Tracking:
Spreadsheet and custom application
AWIA Section 304 Requirements
Established:
The Michigan Drinking Water agency has access and is
copied on all releases in Michigan through the State's
Pollution Emergency Alerting System (PEAS). The Michigan
National Survey of State Emergency Response Commissions | pg. 151
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U.S. EPA Office of Emergency Management
Drinking Water agency has access to Michigan's Tier II
Report database (all information related to Tier II Reporting).
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
Follows federal program
Number of Facilities Reported in CY
2020:
7,073
Reporting Software:
TIER II MANAGER online reporting system
One-stop Filing:
No, but provides access to LEPCs that subscribe to the TIER II
MANAGER application. All other LEPCs receive Tier II
reports for their regulated facilities
Tier II Filing Fee:
No
Outreach to Facilities for Compliance:
Webinars; mass email; phone calls; conferences; trade
associations
AWIA Section 312 Requirements
Established:
The Michigan Drinking Water agency has access to
Michigan's Tier II Report database (all information related to
Tier II Reporting).
Public Access to EPCRA Information
(EPCRA Section 324):
Provide data electronically
Fee for processing requests:
Dependent on request
LEPC Categorization: County
LEPCs Only
0 40 80 160 Miles
1 I I l I l l I I
National Survey of State Emergency Response Commissions | pg. 152
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U.S. EPA Office of Emergency Management
Minnesota
Commission Name:
Minnesota State Emergency Response Commission
Legal Basis:
State Law
Commission Chair:
Minnesota Homeland Security and Emergency Management
Division (HSEM) and Minnesota Department of Public
Safety (MN DPS)
SERC Members:
HSEM and MN DPS
Roles and Responsibilities:
HSEM/MN DPS
Supervise LEPCs and their activities; Receive emergency
release notifications (follow-up written reports); Receive
hazardous chemical inventories (Tier II or State equivalent);
Receive and process public requests for EPCRA information
Regional Planning Coordinators
Review emergency response plans
Minnesota Duty Officer Program/Bureau of Criminal
Apprehension Division MX DPS
Receive emergency release notifications (initial telephone
notification)
Average Number of SERC Meetings
Held Annually:
1
Communication with LEPCs:
Personalized and group email; phone calls; quarterly in-
person meetings; annual conference
Resources & Assistance for LEPCs:
Funding; Technical assistance; Guidance documents;
Training; Outreach to facilities
Tribal Representatives in
SERC/LEPC:
None
Sources of Funding:
Tier II filing fees; Hazardous Materials Incident Response
Act Fee
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follows federal program
Number of EHS Planning Facilities in
CY20:
2,460
Emergency Release Notification
Requirements (EPCRA Section 304):
State program includes additional substances to federal
requirements
Release Notification System:
State Hotline; SERC Office
Follow-up Reports Tracking:
Cross reference written follow-up reports received against list
of releases reported
AWIA Section 304 Requirements
Established:
Minnesota Duty Officer Program - MDO Personnel are
responsible for making notifications to other State Agencies.
At time of initial Release notification MDO personnel are
trained to clarify information about release with caller and
identify which State Agencies require notification of release.
The State Drinking Water Primacy Agency is the Minnesota
Dept. of Health.
National Survey of State Emergency Response Commissions | pg. 153
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U.S. EPA Office of Emergency Management
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
Follows federal program
Number of Facilities Reported in CY
2020:
7,100
Reporting Software:
TIER II MANAGER online reporting system
One-stop Filing:
No. State provides Tier II data to regional review
committees, county emergency managers. Facilities provide
Tier II reports to local fire departments
Tier II Filing Fee:
Yes
Outreach to Facilities for Compliance:
Mass email; phone calls; conferences; direct mailings;
website information
AWIA Section 312 Requirements
Established:
Information provided by Tier II Data Administrator upon
request
Public Access to EPCRA Information
(EPCRA Section 324):
Provide data electronically; Annual Right-to-Know Chemical
Information Reports posted on program website
Fee for processing requests:
No
LEPC Categorization: Regional
LEPCs Only
0 40 80 160 Miles
1 I I I I I I I I
National Survey of State Emergency Response Commissions | pg. 154
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U.S. EPA Office of Emergency Management
Mississippi
Commission Name:
Mississippi State Emergency Response Commission
Legal Basis:
Governor's Executive Order
Commission Chair:
Mississippi Emergency Management Agency
SERC Members:
Mississippi Emergency Management Agency; Mississippi
Department of Environmental Quality
Roles and Responsibilities:
Mississippi Emergency Management Agency
Supervise LEPCs and their activities; Review emergency
response plans; Receive emergency release notifications
(initial telephone notification); Receive emergency release
notifications (follow-up written reports); Receive hazardous
chemical inventories (Tier II or State equivalent); Receive
and process public requests for EPCRA information
Average Number of SERC Meetings
Held Annually:
4
Communication with LEPCs:
Personalized email; annual in-person meetings
Resources & Assistance to LEPCs:
Funding
Tribal Representatives SERC/LEPC:
Unknown
Sources of Funding:
HMEP grant
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follows federal program
Number of EHS Planning Facilities in
CY20:
1,000
Emergency Release Notification
Requirements (EPCRA Section 304):
Follows federal program
Release Notification System:
State Hotline; 911
Follow-up Reports Tracking:
No
AWIA Section 304 Requirements
Mass Distribution notifications are sent to all stakeholders
Established:
following the reporting of any hazmat incident
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
Follows federal program
Number of Facilities Reported in CY
2020:
2,591
Reporting Software:
E-Plan
One-stop Filing:
No
Tier II Filing Fee:
No
Outreach to Facilities for Compliance:
Handled by MDEQ
AWIA Section 312 Requirements
Established:
Any Community water system can request access to E-Plan
Public Access to EPCRA Information
(EPCRA Section 324):
Provide data electronically
Fee for processing requests:
None
National Survey of State Emergency Response Commissions | pg. 155
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U.S. EPA Office of Emergency Management
National Survey of State Emergency Response Commissions | pg. 156
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U.S. EPA Office of Emergency Management
Missouri
Commission Name:
Missouri Emergency Response Commission (MERC)
Legal Basis:
Governor's Executive Order
Commission Chair:
Chris Berndt, Fire Chief in Branson Missouri
SERC Members:
Four Members of the Missouri General Assembly, two State
Representatives, two Senators; Director of Dept. of
Economic Development; Director of Dept. of Natural
Resources; Director of Dept. of Public Safety; Director of
Dept. of Health and Senior Services; One to Represent
Transporters of Hazardous Materials; One to Represent
Missouri Industry; One to Represent Local Government;
One to Represent a Chief Fire Office; One to represent a
Police Officer, Capt. or above; One at large to represent the
General Public
Roles and Responsibilities:
MERC
Supervise LEPCs and their activities; Review emergency
response plans; Receive emergency release notifications
(follow-up written reports); Receive hazardous chemical
inventories (Tier II or State equivalent); Receive and process
public requests for EPCRA information
Missouri Department of Natural Resources call center
Receive emergency release notifications (initial telephone
notification; Receive emergency release notifications
(follow-up written reports)
Average Number of SERC Meetings
Held Annually:
4
Communication with LEPCs:
Personalized and group email; phone calls; in-person
meetings; conferences; virtual meetings
Resources & Assistance to LEPCs:
Funding; Technical assistance; Community risk
communication; Training; Guidance documents; Response
equipment; Outreach to facilities; On-site facility
inspections. In addition, funding is also provided for
planners to aid in plan development and updates, support
fire safety hazmat programs, and for commodity flow
studies
Number of Tribes/TERCs:
None
Tribal Representatives in
SERC/LEPC:
No
Sources of Funding:
HMEP grant; Tier II filing fees; donations; Hazardous
Materials Damage Funds
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follows federal program
Number of EHS Planning Facilities in
CY20:
976
National Survey of State Emergency Response Commissions | pg. 157
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U.S. EPA Office of Emergency Management
Emergency Release Notification
Requirements (EPCRA Section 304):
Follows federal program
Release Notification System:
State Hotline; EER Notifications
Follow-up Reports Tracking:
Data is tracked by the Missouri Department of Natural
Resources
AWIA Section 304 Requirements
Established:
Under the Dept. Of Natural Resources - DNR monitors the
EER notification and spill line.
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
State program more stringent than federal requirements
Number of Facilities Reported in CY
2020:
8,796
Reporting Software:
State-developed online reporting tool
One-stop Filing:
Yes
Tier II Filing Fee:
Yes
Outreach to Facilities for Compliance:
Mass email; phone calls; trade associations; direct mailings
through LEPCs/LEPDs
AWIA Section 312 Requirements
Established:
This is handled by the Dept. of Natural Resources.
Public Access to EPCRA Information
(EPCRA Section 324):
Provide data electronically; postal mail
Fee for processing requests:
Yes
National Survey of State Emergency Response Commissions | pg. 158
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U.S. EPA Office of Emergency Management
Montana
Commission Name:
Montana State Emergency Response Commission
Legal Basis:
State Law
Commission Chair:
MT Disaster and Emergency Services (DES) and MT
Department of Environmental Quality (DEQ) (Co-Chairs)
SERC Members:
MT DES; Department of Agriculture; DEQ; An Emergency
Management Association; US Air Force; Department of
Natural Resources and Conservation; Trucking Association;
Tribal Emergency Response Commission; Utility Company
Doing Business in Montana; National Weather Service;
Montana League of Cities and Towns; Emergency Medical
Services and Trauma Systems; Department of Public Health
and Human Services; Montana Hospital Association; Fire
Services Training School; Law Enforcement Association;
Public Health Association; Montana's Insurance Industry;
Montana's Petroleum Industry; Montana Association of
Counties; Department of Fish, Wildlife, and Parks;
Emergency Medical Services Association; Office of the
Governor; University System; Department of Justice; Fire
Chiefs Association; Railroad Company Doing Business in
Montana; National Guard; Department of Transportation
Roles and Responsibilities:
MTDES
Supervise LEPCs and their activities; Review emergency
response plans; Receive emergency release notifications
(initial telephone notification)
MTDEO
Receive emergency release notifications (follow-up written
reports); Receive hazardous chemical inventories (Tier II or
State equivalent); Receive and process public requests for
EPCRA information
Average Number of SERC Meetings
Held Annually:
1-2
Communication with LEPCs:
Personalized and group email; phone calls; in-person
meetings
Resources & Assistance for LEPCs:
Technical assistance; Training; Response equipment
Tribal Representatives SERC/LEPC:
Yes
Sources of Funding:
State appropriated funds
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follows federal program
Number of EHS Planning Facilities in
CY20:
460
Emergency Release Notification
Requirements (EPCRA Section 304):
Follows federal program
Release Notification System:
State Hotline
National Survey of State Emergency Response Commissions | pg. 159
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U.S. EPA Office of Emergency Management
Follow-up Reports Tracking:
None
AWIA Section 304 Requirements
Established:
DEQ Duty Officer Program
AWIA Section 304 Requirements
Established:
Montana's DEQ, DES and the State Public Health
Department have duty officer programs that relay urgent
messages to each other and to corresponding local
jurisdiction's authorities (such as local public health, local
emergency manager and local sanitarian) about any event
that poses a risk to health and safety of an individual,
population, or environment including risks to drinking
water, flowing water (such as rivers/streams) and other
events. Other agencies such as Fish, Wildlife and Parks;
Department of Natural Resources; and associated state
agencies may also be notified.
Hazardous Chemical Reporting
Requirements (EPCRA Section 312):
Follows federal program
Number of Facilities Reported in CY
2020:
2,424
Reporting Software:
E-Plan
One-stop Filing:
Yes
Tier II Filing Fee:
No
Outreach to Facilities for Compliance:
None
AWIA Section 312 Requirements
Established:
CWS will contact LEPC's. Individual LEPC's will have to
decide how to extract, compile/format, and present the
information to the CWS.
Public Access to EPCRA Information
(EPCRA Section 324):
Provide data electronically
Fee for processing requests:
Based on Department of Administration Rule on Open
Record Request
LEPC Categorization: County
LEPCs Only
~ 60 120 240 Miles
I I I I I I I I I
N
A
National Survey of State Emergency Response Commissions | pg. 160
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U.S. EPA Office of Emergency Management
Nebraska
Commission Name:
Nebraska State Emergency Response Commission
Legal Basis:
State Law
Commission Chair:
Agricultural Business
SERC Members:
Director of Department of Environment and Energy
(NDEE) or his or her designee; Director-State Engineer or
his or her designee; Superintendent of Law Enforcement
and Public Safety or his or her designee; State Fire Marshal
or his or her designee; Director of Nebraska Emergency
Management Agency or his or her designee; CEO of
Department of Health and Human Services or his or her
designee; Two elected officials or employees of municipal
or county government; One citizen member to represent
firefighters; One citizen member to represent local
emergency management; One citizen member to represent
public or community health; One citizen member to
represent environmental protection; One citizen member to
represent labor; One citizen member to represent school
district; One citizen member to represent small business;
One citizen member to represent agricultural business; One
citizen member to represent chemical industry; One citizen
member to represent highway transportation; One citizen
member to represent rail transportation
Roles and Responsibilities:
SERC Coordinator
Supervise LEPCs and their activities
SERC Body
Review emergency response plans
Nebraska Department of Environment and Energy
Receive emergency release notifications (initial telephone
notification); Receive emergency release notifications
(follow-up written reports); Receive hazardous chemical
inventories (Tier II or State equivalent); Receive and
process public requests for EPCRA information
Average Number of SERC Meetings
Held Annually:
4
Communication with LEPCs:
Personalized and group email; phone calls; in-person
meetings; conferences
Resources & Assistance for LEPCs:
Funding; Technical assistance; Guidance documents;
Training
Tribal Representatives in
SERC/LEPC:
Unknown
Sources of Funding:
HMEP grant
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follows federal program
National Survey of State Emergency Response Commissions | pg. 161
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U.S. EPA Office of Emergency Management
Number of EHS Planning Facilities in
CY20:
1,188
Emergency Release Notification
Requirements (EPCRA Section 304):
Follows federal program
Release Notification System:
NDEE during business hours and Nebraska State Patrol
after hours
Follow-up Reports Tracking:
None
AWIA Section 304 Requirements
Established:
NDEE is the primacy agency and Kirk Morrow (NDEE
ER) notifies us of any releases. We then notify the system.
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
State program - lower reporting thresholds
Number of Facilities Reported in CY
2020:
2,901
Reporting Software:
State-developed online reporting tool
One-stop Filing:
No
Tier II Filing Fee:
No
Outreach to Facilities for Compliance:
Direct mailings
AWIA Section 312 Requirements
Established:
SOP is provided.
Public Access to EPCRA Information
(EPCRA Section 324):
Reading room access; provide data electronically
Fee for processing requests:
No
LEPC Categorization: County
LEPCs Only
0 40 80 160 Miles
1 I l I I I l l I
N
A
National Survey of State Emergency Response Commissions | pg. 162
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U.S. EPA Office of Emergency Management
Nevada
Commission Name:
Nevada State Emergency Response Commission
Legal Basis:
State Law
Commission Chair:
Nevada SERC Administrator
SERC Members:
8 members representing the private sector and related
industry; 6 members representing local government with an
affiliation with fire services, law enforcement, occupational
safety, environmental protections, emergency management,
or public health; 6 members representing state government
with an affiliation with the fire service, law enforcement,
occupational safety and health, environmental protections,
emergency management, or public health; 1 member
representing a federally recognized tribal entity in Nevada;
1 member representing a community health organization; 3
members who are private citizen(s) or representative of a
citizens' group
Roles and Responsibilities:
Nevada SERC and SERC Administrator
Supervise LEPCs and their activities
Nevada SERC and the SERC Planning and Training
Subcommittee
Review emergency response plans
Nevada SERC Administrator
Receive emergency release notifications (initial telephone
notification); Receive emergency release notifications
(follow-up written reports); Receive hazardous chemical
inventories (Tier II or State equivalent); Receive and
process public requests for EPCRA information
Average Number of SERC Meetings
Held Annually:
4
Communication with LEPCs:
Personalized and group email; phone calls; in-person
meetings; annual conference; virtual meetings
Resources & Assistance for LEPCs:
Funding; Technical assistance; Community risk
communication; Guidance documents; Response
equipment; Outreach to facilities
Tribal Representatives SERC/LEPC:
Yes
Sources of Funding:
State-appropriated funds; HMEP grant; Tier II filing fees
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follows federal program
Number of EHS Planning Facilities in
CY20:
637
Emergency Release Notification
Requirements (EPCRA Section 304):
Follows federal program
Release Notification System:
State Hotline; 911; SERC Office
Follow-up Reports Tracking:
No
National Survey of State Emergency Response Commissions | pg. 163
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U.S. EPA Office of Emergency Management
AWIA Section 304 Requirements
Established:
Within the State of Nevada, it is the Nevada Division of
Environmental Protection/State Department of
Conversation and Natural Resources that is responsible for
the Safe Drinking Water Act.
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
Follows federal program
Number of Facilities Reported in CY
2020:
794
Reporting Software:
TIER II MANAGER online reporting system
One-stop Filing:
No
Tier II Filing Fee:
Yes
Outreach to Facilities for Compliance:
None
AWIA Section 312 Requirements
Established:
Although NDEP would be the contact for AWIA
information, anyone is able to file a public records request
in the State of Nevada.
Public Access to EPCRA Information
(EPCRA Section 324):
Vetting of the request and following internal procedures
Fee for processing requests:
Yes
National Survey of State Emergency Response Commissions | pg. 164
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U.S. EPA Office of Emergency Management
New Hampshire
Commission Name:
New Hampshire State Emergency Response Commission
Legal Basis:
State Law
Commission Chair:
Commissioner of Safety or Designee
SERC Members:
The Director of the Division of Homeland Security and
Emergency Management; Attorney General, or designee;
Chair of the Public Utilities Commission, or designee;
Adjutant General, or designee; Commissioner of the
Department of Health and Human Services, or designee;
Director of the Division of Fire Safety; Commissioner of the
Department of Safety, or designee; Director of the Office of
Planning and Development; Commissioner of the
Department of Transportation, or designee; Commissioner
of the Department of Natural and Cultural Resources, or
designee; Commissioner of the Department of Agriculture,
Markets, and Food, or designee; Commissioner of the
Department of Environmental Services, or designee;
Commissioner of the Department of Administrative
Services, or designee; Director of the Division of Ports and
Harbors; Pease Development Authority; Director of Police
Standards and Training; Director of the Division of Fire
Standards and Training; local police chief, appointed by the
Governor; local fire chief, appointed by the Governor;
county sheriff appointed by the Governor; representative of
the Professional Firefighters of New Hampshire, appointed
by the Governor; Director of the Division of State Police;
Director of the Division of Public Health Services;
Commissioner of the Department of Corrections, or
designee; Executive Director of the Department of Fish and
Game, or designee; Executive Director of the New
Hampshire Hospital Association; representative of a
regional emergency planning committee, appointed by the
Governor; One member of the State Hazardous Materials
Cooperative, appointed by the Governor; representative of
the hazardous materials transporter industry, appointed by
the Governor; representative of the hazardous materials
industry, appointed by the Governor; Director of the
Division of Emergency Communications and Services;
representative of the Business and Industry Association,
appointed by the Governor; representative from the United
States Environmental Protection Agency, appointed by that
Agency; representative from the Federal Bureau of
Investigation, appointed by the Bureau; representative from
the United States Coast Guard, appointed by that Agency;
representative of the nuclear power industry, appointed by
National Survey of State Emergency Response Commissions | pg. 165
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U.S. EPA Office of Emergency Management
the Governor; representative of the United States
Department of Homeland Security, appointed by the
Department; primary investigator for the Centers for Disease
Control and Assistant Secretary for Preparedness and
Response (ASPR) grant programs; representative of the state
citizens corps, appointed by the Governor; representative of
the Emergency Medical Services Medical Control Board,
appointed by the Board; United States Attorney for the
District of New Hampshire, or designee; representative from
the Department of Health and Human Services Radiological
Health Program, designated by the Commissioner of Health
and Human Services; representative from the Department of
Environmental Services Environmental Health Program,
designated by the Commissioner of Environmental Services;
representative from the Department of Environmental
Services Waste Management Division, designated by the
Commissioner of Environmental Services; judicial branch
representative, chosen by the Chief Justice of the Supreme
Court; representative of a volunteer emergency response
non-governmental organization, appointed by the Governor;
Commissioner of the Department of Information
Technology, or designee; such other representatives as the
Governor, from time to time, may deem necessary for the
fulfillment of the council's mandates.
Roles and Responsibilities:
Fire Marshall's Office
Receive hazardous chemical inventories (Tier II or State
equivalent); Receive and process public requests for EPCRA
information
Average Number of SERC Meetings
Held Annually:
0
Resources & Assistance for LEPCs:
Funding; Technical assistance
Tribal Representatives in SERC/LEPC:
None
Sources of Funding:
HMEP
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follows federal program
Number of EHS Planning Facilities in
CY20:
354
Emergency Release Notification
Requirements (EPCRA Section 304):
Not provided
Release Notification System:
State hotline
Follow-up Reports Tracking:
No
AWIA Section 304 Requirements
Established:
Facilities notify State Police dispatch which notifies NH
DES who notifies the Community Water System.
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
Follows federal program
Number of Facilities Reported in CY
2020:
1,505
Reporting Software:
Tier2 Submit
One-stop Filing:
No
Tier II Filing Fee:
No
National Survey of State Emergency Response Commissions | pg. 166
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Outreach to Facilities for Compliance:
Mass email
AWIA Section 312 Requirements
Established:
N/a
Public Access to EPCRA Information
(EPCRA Section 324):
Requests must be made through the NH FMO
Fee for processing requests:
No
National Survey of State Emergency Response Commissions | pg. 167
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New Jersey
Commission Name:
New Jersey State Emergency Response Commission
Legal Basis:
Governor's Executive Order
Commission Chair:
New Jersey State Police (NJSP) and New Jersey Department
of Environmental Protection (NJDEP)
SERC Members:
NJSP/NJ Office of Emergency Management (NJOEM); New
Jersey Department of Environmental Protection; New Jersey
Department of Community Affairs/Division of Fire Safety;
New Jersey Department of Health; New Jersey Board of
Public Utilities; New Jersey Office of the Attorney General;
New Jersey Department of Military and Veterans Affairs;
New Jersey Department of Transportation; New Jersey
Office of Homeland Security and Preparedness
Roles and Responsibilities:
NJOEM
Supervise LEPCs and their activities; Review emergency
response plans
NJDEP
Receive emergency release notifications (initial telephone
notification); Receive hazardous chemical inventories (Tier II
or State equivalent)
NJDEP NJOEM
Receive emergency release notifications (follow-up written
reports)
LEPCs
Providing information to the public is handled at the local
level
Average Number of SERC Meetings
Held Annually:
1-2
Communication with LEPCs:
Phone calls; in-person meetings; annual conference
Resources & Assistance to LEPCs:
Guidance documents; Training
Tribal Representatives in
SERC/LEPC:
No
Sources of Funding:
EMPG grant
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follows federal program
Number of EHS Planning Facilities in
CY20:
Not provided
Emergency Release Notification
Requirements (EPCRA Section 304):
Follows Federal program
Release Notification System:
State Hotline
Follow-up Reports Tracking:
Yes
AWIA Section 304 Requirements
Established:
Referred within NJDEP and the water companies and
impacted counties.
Environmental emergencies and incidents get reported to the
24/7 DEP Hotline in NJ. NJDEP is the state drinking water
National Survey of State Emergency Response Commissions | pg. 168
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U.S. EPA Office of Emergency Management
primacy agency which also notifies potentially impacted
community water systems.
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
State program - additional substances and lower reporting
thresholds
Number of Facilities Reported in CY
2020:
7,976
Reporting Software:
State-developed online reporting tool
One-stop Filing:
No
Tier II Filing Fee:
No
Outreach to Facilities for Compliance:
Webinars; mass email; phone calls; conferences; direct
mailings
AWIA Section 312 Requirements
Established:
Someone submits a request, NJDEP runs a report and
provides information as appropriate.
Public Access to EPCRA Information
(EPCRA Section 324):
Reading room access
Fee for processing requests:
No
LEPC Categorization: LEPCs are
individual townships
0 15 30 60 Miles
1 i i i I i i I I
National Survey of State Emergency Response Commissions | pg. 169
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U.S. EPA Office of Emergency Management
New Mexico
Commission Name:
New Mexico State Emergency Response Commission
Legal Basis:
State Law
Commission Chair:
VACANT
SERC Members:
Public Health, Public Safety, Federal Facilities, Private
Industry
NMDHSEM
Roles and Responsibilities:
Supervise LEPCs and their activities (ex: conducting
exercises; attend meetings with community; assist in
explaining potential risks to the community); Review
emergency response plans; Receive emergency release
notifications (initial telephone notification); Receive
emergency release notifications (follow-up written reports);
Receive hazardous chemical inventories (Tier II or State
equivalent); Receive and process public requests for EPCRA
information
Average Number of SERC Meetings
Held Annually:
1-2
Communication with LEPCs:
Personalized email; phone calls; annual in-person meetings;
conferences
Resources & Assistance to LEPCs:
Technical assistance; Guidance documents; Training;
Outreach to facilities
Tribal Representatives in
SERC/LEPC:
No
Sources of Funding:
HMEP grant; Tier II filing fees
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follows federal program
Number of EHS Planning Facilities in
CY20:
1299
Designation of Additional Facilities for
Emergency Planning:
No
Enforcement Efforts for Section 302:
No
Emergency Release Notification
Requirements (EPCRA Section 304):
Follows Federal program
Release Notification System:
SERC Office, email
Follow-up Reports Tracking:
No
AWIA Section 304 Requirements
Established:
No process has been established.
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
Follows Federal program
Number of Facilities Reported in CY
2020:
24,097
Reporting Software:
Tier2 Submit
One-stop Filing:
Yes
Tier II Filing Fee:
Yes
National Survey of State Emergency Response Commissions | pg. 170
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U.S. EPA Office of Emergency Management
Outreach to Facilities for Compliance:
Webinars; mass email
AWIA Section 312 Requirements
Established:
File for each county is available through WebEOC.
Public Access to EPCRA Information
(EPCRA Section 324):
Provide data electronically
Fee for processing requests:
No
National Survey of State Emergency Response Commissions | pg. 171
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New York
Commission Name:
New York State Disaster Preparedness Commission
Legal Basis:
Executive Order
Commission Chair:
Commissioner of the Division of Homeland Security and
Emergency Services (DHSES)
SERC Members:
American Red Cross, Department of Health (DOH); Office
of Fire Prevention and Control (OFPC); Department of
Environmental Conservation (DEC); Department of Labor
(DOL); Office of Emergency Management (OEM);
Department of Transportation (DOT); Division of State
Police (DSP); Office of Counter Terrorism (OCT)
Roles and Responsibilities:
SERC Working Group/State OEM Planning
Supervise LEPCs and their activities; Review emergency
response plans
NYS DEC and the NYS Watch Center (SWC)
Receive emergency release notifications (initial telephone
notification
NYS DEC and NYS OEM/Planning
Receive emergency release notifications (follow-up written
reports)
NYS OEM/Planning
Receive hazardous chemical inventories (Tier II or State
equivalent)
NYS OEM and DHSES Counsel
Receive and process public requests for EPCRA information
Average Number of SERC Meetings
Held Annually:
2
Communication with LEPCs:
Personalized and group email; phone calls; in-person
meetings; webinars
Resources & Assistance to LEPCs:
Technical assistance; Guidance documents; Training;
Outreach to facilities
Tribal Representatives in
SERC/LEPC:
No
Sources o f Funding:
None
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follows federal program
Number of EHS Planning Facilities in
CY20:
1,178
Emergency Release Notification
Requirements (EPCRA Section 304):
State program - additional substances
Release Notification System:
State Hotline, 911, SERC Office, NYS Spills Hotline at the
NYS Department of Environmental Conservation
Follow-up Reports Tracking:
Yes, Searchable database of all reported spills.
AWIA Section 304 Requirements
Established:
Notification to Commercial Water Supplies through the
State Drinking Water Primacy Agency (NYS DOH -
National Survey of State Emergency Response Commissions | pg. 172
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U.S. EPA Office of Emergency Management
Bureau of Water Supply), and through Local Health
Departments (LHD).
The State has aggressive all-hazards and hazard-specific
notification procedures for incidents, which includes
transportation-related and fixed site emergencies.
Notifications are made through multiple redundant watch
centers in the state. No challenges or issues with AWIA.
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
Follows federal program
Number of Facilities Reported in CY
2020:
7,372
Reporting Software:
E-Plan
One-stop Filing:
No
Tier II Filing Fee:
No
Outreach to Facilities for Compliance:
Phone calls; website information; help/assistance line for
reporting criteria
AWIA Section 312 Requirements
Established:
Updated guidance documents, web information,
coordination with state water primacy agency, notification to
community water supply operators of tier II availability.
Webinars are being planned for 2022.
Public Access to EPCRA Information
(EPCRA Section 324):
Provide printed copies
Fee for processing requests:
$.25/page
LEPC Categorization: County
LEPCs Only
75
National Survey of State Emergency Response Commissions | pg. 173
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U.S. EPA Office of Emergency Management
North Carolina
Commission Name:
North Carolina State Emergency Response Commission
Legal Basis:
State Law and Governor's Executive Order
Commission Chair:
NC Department of Public Safety
SERC Members:
Director of Emergency Management, North Carolina
Department of Public Safety, who shall serve as the Vice-
Chair and Deputy Homeland Security Advisor; Director of
the State Bureau of Investigation, North Carolina
Department of Public Safety; The Adjutant General of the
North Carolina National Guard, North Carolina Department
of Public Safety; Commander of the State Highway Patrol,
North Carolina Department of Public Safety; Secretary of
the North Carolina Department of Environmental Quality;
Secretary of the North Carolina Department of
Transportation; Chief of the Office of Emergency Medical
Services, Division of Health Service Regulation, North
Carolina Department of Health and Human Services; State
Fire Marshal, Office of the State Fire Marshal, North
Carolina Department of Insurance; State Chief Information
Risk Officer, North Carolina Department of Information
Technology; Assistant Secretary for Public Health, Division
of Public Health, North Carolina Department of Health and
Human Services; Assistant Deputy Commissioner of Labor
for Occupational Safety and Health, North Carolina
Department of Labor; President of the North Carolina
Community College System; Director of the Emergency
Programs Division, North Carolina Department of
Agriculture and Consumer Services; and The CFSS
Executive Director, North Carolina Department of Public
Instruction; Chief of Police; Sheriff; Fire Chief;
representative of emergency medical services in North
Carolina; representative of emergency managers in North
Carolina; representative of medium or large public assembly
venues in North Carolina; representative involved in the
production, storage, or transportation of hazardous
materials; private citizen of North Carolina.
Roles and Responsibilities:
NC Emergency Management
Supervise LEPCs and their activities; Review emergency
response plans; Receive emergency release notifications
(initial telephone notification); Receive emergency release
notifications (follow-up written reports); Receive hazardous
chemical inventories (Tier II or State equivalent); Receive
and process public requests for EPCRA information
Average Number of SERC Meetings
Held Annually:
4
National Survey of State Emergency Response Commissions | pg. 174
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Communication with LEPCs:
Personalized and group email; phone calls; in-person
meetings; conferences
Resources & Assistance to LEPCs:
Funding; Technical assistance; Community risk
communication; Guidance documents; Training; Outreach to
facilities; Onsite facility inspections
Tribal Representatives in
SERC/LEPC:
Yes
Sources of Funding:
State appropriated funds; federal HMEP/HSGP grants; Tier
II filing fees
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follows federal program
Number of EHS Planning Facilities in
CY20:
2,976
Designation of Additional Facilities for
Emergency Planning:
No
Enforcement Efforts for Section 302:
No
Emergency Release Notification
Requirements (EPCRA Section 304):
Follows federal program
Release Notification System:
State Hotline, 911, electronic 304
Follow-up Reports Tracking:
Yes
AWIA Section 304 Requirements
Established:
When reported to the watch any releases effecting
waterways is shared with our water resources agency who
then verifies downstream impacts and conducts
notifications.
Any release effecting waterways no matter the source is
reported to this agency for assessment.
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
State program more stringent than federal requirement
Number of Facilities Reported in CY
2020:
10,025
Reporting Software:
E-Plan
One-stop Filing:
Yes
Tier II Filing Fee:
Yes
Outreach to Facilities for Compliance:
Webinars; mass email; phone calls; conferences trade
associations; direct mailings
AWIA Section 312 Requirements
Established:
We provide this directly or through the rural water
association and water resources.
Public Access to EPCRA Information
(EPCRA Section 324):
Reading room access; provide data electronically; postal
mail
Fee for processing requests:
$l/page for photocopy
National Survey of State Emergency Response Commissions | pg. 175
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National Survey of State Emergency Response Commissions | pg. 176
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North Dakota
Commission Name:
North Dakota State Emergency Response Commission
Legal Basis:
State Law
Commission Chair:
Division of Homeland Security
SERC Members:
Director of Emergency Management, North Carolina
Department of Public Safety, who shall serve as the Vice-
Chair and Deputy Homeland Security Advisor; Director of
the State Bureau of Investigation, North Carolina
Department of Public Safety; The Adjutant General of the
North Carolina National Guard, North Carolina Department
of Public Safety; Commander of the State Highway Patrol,
North Carolina Department of Public Safety; Secretary of
the North Carolina Department of Environmental Quality;
Secretary of the North Carolina Department of
Transportation; Chief of the Office of Emergency Medical
Services, Division of Health Service Regulation, North
Carolina Department of Health and Human Services; State
Fire Marshal, Office of the State Fire Marshal, North
Carolina Department of Insurance; State Chief Information
Risk Officer, North Carolina Department of Information
Technology; Assistant Secretary for Public Health, Division
of Public Health, North Carolina Department of Health and
Human Services; Assistant Deputy Commissioner of Labor
for Occupational Safety and Health, North Carolina
Department of Labor; President of the North Carolina
Community College System; Director of the Emergency
Programs Division, North Carolina Department of
Agriculture and Consumer Services; and The CFSS
Executive Director, North Carolina Department of Public
Instruction; Chief of Police; Sheriff; Fire Chief;
representative of emergency medical services in North
Carolina; representative of emergency managers in North
Carolina; representative of medium or large public assembly
venues in North Carolina; representative involved in the
production, storage, or transportation of hazardous materials;
private citizen of North Carolina.
Roles and Responsibilities:
Department of Emergency Services
Supervise LEPCs and their activities; Review emergency
response plans; Receive emergency release notifications
(initial telephone notification); Receive emergency release
notifications (follow-up written reports); Receive hazardous
chemical inventories (Tier II or State equivalent); Receive
and process public requests for EPCRA information
Average Number of SERC Meetings
Held Annually:
4
National Survey of State Emergency Response Commissions | pg. 177
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U.S. EPA Office of Emergency Management
Communication with LEPCs:
Personalized and group email; phone calls; in-person
meetings
Resources & Assistance to LEPCs:
Funding; Technical assistance; Guidance documents;
Training; Response equipment
Tribal Representatives in
SERC/LEPC:
Yes
Sources o f Funding:
HMEP grant; Tier II filing fees
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follows federal program
Number of EHS Planning Facilities in
CY20:
1,275
Emergency Release Notification
Requirements (EPCRA Section 304):
State program requires reporting for additional substances
Release Notification System:
State Hotline; 911; spill.nd.eov
Follow-up Reports Tracking:
Yes
AWIA Section 304 Requirements
Established:
State Drinking Water Primacy Agency and Community
Water Systems are part of the interactive system.
Watersheds is a layer on the map as well as intakes. If a spill
is in that area they get notified automatically.
The Department of Environmental Quality assures this is
accurate and taken care of.
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
State program more stringent than federal requirement
Number of Facilities Reported in CY
2020:
11,401
Reporting Software:
Hazconnectฎ
One-stop Filing:
Yes
Tier II Filing Fee:
Yes
Outreach to Facilities for Compliance:
Webinars; mass email; direct mailings
AWIA Section 312 Requirements
Established:
They have a login to the system for their geographic area.
Public Access to EPCRA In formation
(EPCRA Section 324):
Provide data electronically
Fee for processing requests:
$0.10/page for hard copy
National Survey of State Emergency Response Commissions | pg. 178
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Ohio
Commission Name:
Ohio State Emergency Response Commission
Legal Basis:
State Law and Governor's Executive Order
Commission Chair:
Ohio Environmental Protection Agency (Ohio EPA) and
Department of Public Safety
SERC Members:
Ohio EPA; Ohio Department of Public Safety (DPS); State
Fire Marshal; Public Utilities Commission of Ohio (PUCO);
State Highway patrol; Ohio Department of Health; Ohio
Department of Natural Resources (ODNR); Attorney
General Office (AGO); Department of Transportation;
Environmental Advocacy (2 spots); Industry Trade
Association (2 spots); Fire Fighting (3 spots) and Local
Municipality/county EMA/LEPC (3 spots)
Roles and Responsibilities:
Ohio EPA and Department of Public Safety
Supervise LEPCs and their activities
Department of Public Safety
Review emergency response plans
Ohio EPA and Department of Natural Resources
Receive emergency release notifications (initial telephone
notification); Receive emergency release notifications
(follow-up written reports)
Ohio EPA
Receive hazardous chemical inventories (Tier II or State
equivalent); Receive and process public requests for EPCRA
information
Average Number of SERC Meetings
Held Annually:
6
Communication with LEPCs:
Personalized and group email; phone calls; in-person
meetings; annual conference
Resources & Assistance for LEPCs:
Funding; Technical assistance; Guidance documents;
Training; Outreach to facilities
Tribal Representatives SERC/LEPC:
No
Sources of Funding:
Tier II filing fees; HMEP grant
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follows federal program
Number of EHS Planning Facilities in
CY20:
4,192
Emergency Release Notification
Requirements (EPCRA Section 304):
State program includes additional substances to federal
requirements
Release Notification System:
State Hotline
Follow-up Reports Tracking:
Ohio EPA Emergency Response Spill Reporting System
AWIA Section 304 Requirements
Established:
SERC has coordinated with Ohio EPA Division of Public
Drinking and Ground Water and Office of Emergency
Response. The Ohio EPA SERC Representative receives an
email from Emergency Response if a spill was received that
National Survey of State Emergency Response Commissions | pg. 180
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U.S. EPA Office of Emergency Management
has potential to impact a public drinking water source. Field
communication and response protocols from Emergency
Response On-Scene Coordinators and public drinking water
source takes place.
Ohio EPA Emergency Response Unit has procedures and
protocols in place to assure communication with public
drinking water sources.
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
Follows federal program
Number of Facilities Reported in CY
2020:
8,945
Reporting Software:
Tier2 Submit
One-stop Filing:
No
Tier II Filing Fee:
Yes
Outreach to Facilities for Compliance:
Phone calls; conferences; direct mailings
AWIA Section 312 Requirements
Established:
Provide upon request from AWIA with information
provided in CAMEO and/or Excel spreadsheet.
Public Access to EPCRA Information
(EPCRA Section 324):
Provide data electronically, postal mail
Fee for processing requests:
No
National Survey of State Emergency Response Commissions | pg. 181
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U.S. EPA Office of Emergency Management
Oklahoma
Commission Name:
Oklahoma State Emergency Response Commission
Legal Basis:
State Law
Commission Chair:
Department of Environmental Quality
SERC Members:
Office of Homeland Security; Department of Emergency
Management and Homeland Security; Department of
Environmental Quality; State Fire Marshal; Oklahoma
Highway Patrol; Response Community; Regulated Industry
Roles and Responsibilities:
Department of Environmental Quality
Supervise LEPCs and their activities; Receive emergency
release notifications (initial telephone notification); Receive
emergency release notifications (follow-up written reports);
Receive hazardous chemical inventories (Tier II or State
equivalent); Receive and process public requests for EPCRA
information
Department of Emergency Management and Homeland
Security
Review emergency response plans
Average Number of SERC Meetings
Held Annually:
2
Communication with LEPCs:
Personalized and group email; phone calls
Resources & Assistance to LEPCs:
Funding; Technical assistance; Training; Response
equipment
Tribal Representatives in
SERC/LEPC:
Yes
Sources o f Funding:
Tier II filing fees
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follows federal program
Number of EHS Planning Facilities in
CY20:
1,281
Emergency Release Notification
Requirements (EPCRA Section 304):
Follows federal program
Release Notification System:
State Hotline
Follow-up Reports Tracking:
Database
AWIA Section 304 Requirements
Established:
The DEQ also houses the State Drinking Water Primacy
Agency and reports are shared between divisions.
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
Follows federal program
Number of Facilities Reported in CY
2020:
50,349
Reporting Software:
Tier2 Submit
One-stop Filing:
Yes
Tier II Filing:
Yes
Outreach to Facilities for Compliance:
Webinars; mass email; trade associations
National Survey of State Emergency Response Commissions | pg. 182
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U.S. EPA Office of Emergency Management
AWIA Section 312 Requirements
Established:
Housed within the same agency and data is shared via the
CAMEO software and pdf.
Public Access to EPCRA Information
(EPCRA Section 324):
Provide data electronically
Fee for processing requests:
No
LEPC Categorization: County
LEPCs Only
0 40 80 160 Miles
1 I I I I I I I I
National Survey of State Emergency Response Commissions | pg. 183
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Oregon
Commission Name:
Oregon State Emergency Response Commission
Legal Basis:
State Law, Oregon Administrative Rule
Commission Chair:
State Fire Marshal's Office, Assistant Chief Deputy
SERC Members:
Oregon Office of State Fire Marshal; Office of Emergency
Management; Oregon Department of Transportation;
Oregon State Police; Governor's Office; Oregon Health
Authority; Oregon Department of Environmental Quality;
Local Emergency Management; Oregon Emergency
Management Association; Local Emergency Planning
Committees (LEPC); Industry; Oregon Fire Chiefs
Association; Regional Hazardous Material Response Teams;
Oregon Sheriffs Association; Tribes; Association of Oregon
Counties
Roles and Responsibilities:
State Fire Marshal's Office LEPC Program Coordinator
Supervise LEPCs and their activities; Review emergency
response plans
Office of Emergency Management / Oregon Emergency
Response System
Receive emergency release notifications (initial telephone
notification)
Office of State Fire Marshal EPRU Assistant Chief Deputy,
LEPC Program Coordinator, Oregon Community Right to
Know Unit
Receive emergency release notifications (follow-up written
reports)
Office of State Fire Marshal / Community Right to Know
Unit
Receive hazardous chemical inventories (Tier II or State
equivalent); Receive and process public requests for EPCRA
information
Average Number of SERC Meetings
Held Annually:
4
Communication with LEPCs:
Personalized and group email; phone calls; in-person
meetings; conferences every other year
Resources & Assistance to LEPCs:
Funding; Technical assistance; Guidance documents;
Training; Outreach to facilities; Onsite facility inspections;
Oregon has a regional hazardous materials emergency
response team program that covers the entire state. These
teams provide assistance to the LEPCs in understanding
threats presented by some facilities, as well as relationships
that provide for a proactive response
Tribal Representatives SERC/LEPC:
Yes
Sources o f Funding:
State-appropriated funds; HMEP grant
Emergency Planning Notification
Requirements (EPCRA Section 302):
State has more stringent requirements covering any
substance with an SDS and lower threshold quantities
National Survey of State Emergency Response Commissions | pg. 184
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U.S. EPA Office of Emergency Management
Number of EHS Planning Facilities in
CY20:
2,150
Emergency Release Notification
Requirements (EPCRA Section 304):
Follows federal program
Release Notification System:
State Hotline; 911
Follow-up Reports Tracking:
No
AWIA Section 304 Requirements
Established:
Water purveyors have access to any release through
notification by the OERS reports. These reports are emailed
to all registrants within minutes of the release occurrence.
OEM also provides assistance to the purveyors to put
measures in place to ensure they are notified or assist them
in getting on a notification list. All release notifications, at
fixed site, or during transport are reported to OERS by the
facility, transporter and/or first responders. Oregon state
agencies have taken multiple steps to ensure all water
purveyors are aware of the requirement and availability of
the release information.
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
State has more stringent requirements with additional
chemicals covered, lower reporting thresholds, and requiring
electronic reporting
Number of Facilities Reported in CY
2020:
13,322
Reporting Software:
CHS Manager with additional modification to address
Oregon requirements
One-stop Filing:
No. SERC, LEPCs and fire departments have direct access
to our online reporting system
Tier II Filing Fee:
Yes
Outreach to Facilities for Compliance:
Mass email; phone calls; direct mailings
AWIA Section 312 Requirements
Established:
Our online reporting system, CHS Manager, gives access to
anyone who requests the information from our program.
There are several different "user" types in the system, the
"citizen user is for anyone looking for information related to
hazardous substance stored in their community.
Public Access to EPCRA Information
(EPCRA Section 324):
Provide data electronically; postal mail; online system
Fee for processing requests:
Yes
National Survey of State Emergency Response Commissions | pg. 185
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National Survey of State Emergency Response Commissions | pg. 186
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U.S. EPA Office of Emergency Management
Pennsylvania
Commission Name:
Pennsylvania Emergency Management Council
Legal Basis:
State Law
Commission Chair:
PA Emergency Management Agency (PEMA)
SERC Members:
Dept of Agriculture; Dept of Environmental Protection
(DEP); Attorney General; Department of Health; Fire
Commission; Dept of Transportation; Dept of Community
and Economic Development; Dept of Labor and Industry
(L&I); State Police; Public Utility Commission; Dept of
Human Services
Roles and Responsibilities:
PEMA
Supervise LEPCs and their activities; Review emergency
response plans; Receive emergency release notifications
(follow-up written reports)
PEMA/DEP
Receive emergency release notifications (initial telephone
notification)
L&I
Receive hazardous chemical inventories (Tier II or State
equivalent); Receive and process public requests for EPCRA
information
Average Number of SERC Meetings
Held Annually:
0
Communication with LEPCs:
Personalized and group email; phone calls; in-person
meetings
Resources & Assistance to LEPCs:
Funding; Guidance documents; Training
Tribal Representatives in
SERC/LEPC:
No
Sources of Funding:
Tier II filing fees
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follows federal program
Number of EHS Planning Facilities in
CY20:
4,692
Emergency Release Notification
Requirements (EPCRA Section 304):
Follows federal program
Release Notification System:
State Hotline; 911
Follow-up Reports Tracking:
No
AWIA Section 304 Requirements
Established:
State Operations Center to DEP to Facility
911 and follow up through WEBEOC. County EMAs handle
it directly 95 percent of the time.
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
More stringent requirements for new or existing hazardous
chemicals that are on-site at a reportable quantity to be
reported via an initial report
National Survey of State Emergency Response Commissions | pg. 187
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U.S. EPA Office of Emergency Management
Number of Facilities Reported in CY
2020:
11,832
Reporting Software:
TIER II MANAGER online reporting system
One-stop Filing:
Yes
Tier II Filing Fee:
Yes
Outreach to Facilities for Compliance:
Mass email; phone calls; conferences
AWIA Section 312 Requirements
Established:
Non-disclosure agreement is signed by Water system, then
special access to the PA Tier II Submit (PATTS) online
system is granted.
Public Access to EPCRA Information
(EPCRA Section 324):
Reading room access
Fee for processing requests:
No
National Survey of State Emergency Response Commissions | pg. 188
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U.S. EPA Office of Emergency Management
Puerto Rico
Commission Name:
Puerto Rico State Emergency Response Commission
Legal Basis:
Governor's Executive Order
Commission Chair:
Secretary of the Department of Natural and Environmental
Resources
SERC Members:
Department of Natural and Environmental Resources;
Emergency Management Bureau; Transportation and Other
Public Services Bureau; Department of Labor; Department
of Health; University of Puerto Rico; Fire Bureau; Police
Bureau; Department of Justice; PR Homeland Security; 7
Presidents of the LEPCs 5 Representatives of the Public
Interest
Roles and Responsibilities:
Manager of the Environmental Emergency Response Area,
Chair of the SERC and representative of each LEPC
Receive emergency release notifications (follow-up written
reports)
Environmental Emergency Response Division
Receive hazardous chemical inventories (Tier II or State
equivalent)
SERC Chair
Receive and process public requests for EPCRA information
Average Number of SERC Meetings
Held Annually:
4
Communication with LEPCs:
Group email; quarterly in-person meetings
Resources & Assistance to LEPCs:
Guidance documents; Training
Tribal Representatives in SERC/LEPC:
No
Sources o f Funding:
HMEP grant
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follows federal program
Number of EHS Planning Facilities in
CY20:
532
Emergency Release Notification
Requirements (EPCRA Section 304):
Follows federal program
Release Notification System:
911; PR Emergency Management Bureau
Follow-up Reports Tracking:
No
AWIA Section 304 Requirements
Established:
In incidents where there is any impact to there is the
possibility of impacting a body of water, we notify the
incident to the Puerto Rico Aqueduct and Sewer Authority
(PRASA) by telephone.
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
Follows federal program
Number of Facilities Reported in CY
2020:
909
Reporting Software:
Tier2 Submit
One-stop Filing:
No
National Survey of State Emergency Response Commissions | pg. 189
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U.S. EPA Office of Emergency Management
Tier II Filing Fee:
No
Outreach to Facilities for Compliance:
Conferences
AJVIA Section 312 Requirements
Established:
The Community has to request the Tier II data to the SERC
and once it is approved, the information is given to them.
Public Access to EPCRA Information
(EPCRA Section 324):
Reading room access; provide data electronically
Fee for processing requests:
No
LEPC Categorization: Regional
LEPCs Only
0 12.5 25 50 Miles
1 l I I I I I l I
National Survey of State Emergency Response Commissions j pg. 190
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U.S. EPA Office of Emergency Management
Rhode Island
Commission Name:
Rhode Island Emergency Response Commission
Legal Basis:
Governor's Executive Order
Commission Chair:
Rhode Island Emergency Management Agency (RIEMA)
SERC Members:
Rhode Island Emergency Management Agency (RIEMA);
Rhode Island Department of Environmental Management
(RIDEM) Rhode Island Department of Administration
(DOA), Division of Planning; Rhode Island Department of
Labor & Training (DLT); Rhode Island Department of
Health (RIDOH); Rhode Island Office of State Fire Marshal
(OSFM); Rhode Island League of Cities and Towns
Roles and Responsibilities:
RIEMA
Supervise LEPCs and their activities (ex: conducting
exercises; attend meetings with community; assist in
explaining potential risks to the community); Review
emergency response plans; Receive emergency release
notifications (follow-up written reports); Receive hazardous
chemical inventories (Tier II or State equivalent); Receive
and process public requests for EPCRA information
Call Center
Receive emergency release notifications (initial telephone
notification)
Average Number of SERC
Meetings Held Annually:
4
Communication with LEPCs:
Group emails
Tribal Representatives SERC/LEPC:
Yes
Sources o f Funding:
None
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follows federal program
Number of EHS Planning Facilities in
CY20:
400
Emergency Release Notification
Requirements (EPCRA Section 304):
Follows federal program
Release Notification System:
State Hotline; 911
Follow-up Reports Tracking:
If the spill is large enough the company is required to report
the release to DEM. We have a site report system in which
the DEM responder writes up their report
AWIA Section 304 Requirements
Established:
DEM response personnel notify DOH if they identify the
area as a drinking water aquifer. We requested that DOH
receive NRC reports so that they can identify if the release is
in an aquifer area of concern. That would eliminate issues
with identification of Wellhead Protection Areas.
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
Follows federal program
National Survey of State Emergency Response Commissions | pg. 191
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U.S. EPA Office of Emergency Management
Number of Facilities Reported in CY
2020:
752
Reporting Software:
Tier2 Submit
One-stop filing:
Yes
Tier II Filing Fee:
No
Outreach to Facilities for Compliance:
Mass email; phone calls; workshops with EPA
AWIA Section 312 Requirements
Established:
Any Tier II information that is requested from the Office of
Emergency Response, DEM will be reviewed and then
released to the requesting person or agency to meet the
required AWIA amendments.
Public Access to EPCRA Information
(EPCRA Section 324):
Reading room access; direct contact with requestor to
determine what information may be supplied
Fee for processing requests:
No
LEPC Categorization: Regional
LEPCs Only
0 4.5 9 18 Miles
1 I I I I I I I I
National Survey of State Emergency Response Commissions | pg. 192
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U.S. EPA Office of Emergency Management
South Carolina
Commission Name:
South Carolina State Emergency Response Commission
Legal Basis:
Governor's Executive Order
Commission Chair:
South Carolina Emergency Management Division
SERC Members:
SC Emergency Management Division; Office of the
Governor; Department of Health and Environmental Control
(DHEC), Director of Environment Affairs; South Carolina
Department of Public Safety; State Law Enforcement
Division; South Carolina Department of Labor, Licensing
and Regulation (LLR), State Fire Marshal; Colonial Pipeline
Company; Director of Compliance & Emerging Technology
and. Education, Electric Cooperatives of SC; Denkai
America Incorporated; Lancaster County Emergency
Management Division; Charleston Branch, Pilots
Association
Roles and Responsibilities:
SCDHEC
Receive emergency release notifications (initial telephone
notification); Receive emergency release notifications
(follow-up written reports); Receive hazardous chemical
inventories (Tier II or State equivalent); Receive and process
public requests for EPCRA information
Average Number of SERC Meetings Held
Annually:
2
Communication with LEPCs:
Personalized and group email; phone calls; in-person
meetings
Resources & Assistance to LEPCs:
Technical assistance; Guidance documents; Training
Tribal Representatives SERC/LEPC:
Yes
Sources of Funding:
SLED allocates funds
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follows federal program
Number of EHS Planning Facilities in
CY20:
1,247
Emergency Release Notification
Requirements (EPCRA Section 304):
Follows federal program
Release Notification System:
State Hotline, 911
Follow-up Reports Tracking:
DHEC E-permitting spill database
AWIA Section 304 Requirements
Established:
SC DHEC is the state reporting point for these notifications.
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
Follows federal program
Number of Facilities Reported in CY 2020:
4,393
Reporting Software:
E-Plan, Tier2 Submit
One-stop Filing:
Yes
Tier II Filing Fee:
No
Outreach to Facilities for Compliance:
Mass email, phone calls, LEPC meetings
National Survey of State Emergency Response Commissions | pg. 193
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U.S. EPA Office of Emergency Management
AWIA Section 312 Requirements
Established:
They request the information locally and SC DHEC
provides information.
Public Access to EPCRA Information
(EPCRA Section 324):
Reading room access; direct contact with requestor to
determine what information may be supplied
Fee for processing requests:
No
National Survey of State Emergency Response Commissions | pg. 194
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U.S. EPA Office of Emergency Management
South Dakota
Commission Name:
South Dakota State Emergency Response Commission
Legal Basis:
State Law
Commission Chair:
Dept. of Agriculture and Natural Resources
SERC Members:
Department of Agriculture and Natural Resources (DANR);
SD Department of Transportation; Department of Public
Safety; Chemical Industry; Elected or appointed member
political subdivision; Agricultural Business; Health
Professional; Fire Department; Local Emergency Planning
Committee
Roles and Responsibilities:
DANR
Supervise LEPCs and their activities; Receive emergency
release notifications (initial telephone notification); Receive
emergency release notifications (follow-up written reports);
Receive hazardous chemical inventories (Tier II or State
equivalent); Receive and process public requests for EPCRA
information
Office of Emergency Management
Review emergency response plans
Average Number of SERC Meetings
Held Annually:
4
Communication with LEPCs:
Personalized and group email, phone calls
Resources & Assistance to LEPCs:
Funding; Technical assistance; Guidance documents;
Outreach to facilities
Tribal Representatives SERC/LEPC:
Yes
Sources of Funding:
Tier II filing fees, Toxics Release Inventory fees
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follows federal program
Number of EHS Planning Facilities in
CY20:
603
Emergency Release Notification
Requirements (EPCRA Section 304):
Not provided
Release Notification System:
State Hotline
Follow-up Reports Tracking:
Custom Application
AWIA Section 304 Requirements
Established:
DANR internally informs the Drinking Water program who
then inform the systems of a release
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
Follows federal program
Number of Facilities Reported in CY
2020:
1,690
Reporting Software:
State-developed online reporting tool
One-stop Filing:
No
Tier II Filing Fee:
Yes
Outreach to Facilities for Compliance:
Webinars; conferences; direct mailings
National Survey of State Emergency Response Commissions | pg. 195
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U.S. EPA Office of Emergency Management
AWIA Section 312 Requirements
Established:
N/a
Public Access to EPCRA Information
(EPCRA Section 324):
Provide data electronically
Fee for processing requests:
LEPC Categorization: County
LEPCs Only
0 37.5 75 150 Miles
1 i i i I i i i I
National Survey of State Emergency Response Commissions | pg. 196
N
A
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U.S. EPA Office of Emergency Management
Tennessee
Commission Name:
Tennessee State Emergency Response Commission
Legal Basis:
Governor's Executive Order
Commission Chair:
Tennessee Emergency Management Agency (TEMA)
Director
SERC Members:
TEMA; Tennessee Department of Health (TDH);
Tennessee Department of Transportation (TDOT);
Tennessee Occupational Safety and Health Administration
(TOSHA); Tennessee Highway Patrol (THP); Tennessee
Air National Guard (TANG); Tennessee Department of
Environment and Conservation (TDEC); Tennessee
Department of Military (TDM); University of Tennessee
Center for Industrial Services (UTCIS)
Roles and Responsibilities:
TEMA
Supervise LEPCs and their activities; Review emergency
response plans; Receive emergency release notifications
(follow-up written reports); Receive hazardous chemical
inventories (Tier II or State equivalent); Receive and
process public requests for EPCRA information
TEMA, TDEC, THP
Receive emergency release notifications (initial telephone
notification)
Average Number of SERC Meetings Held
Annually:
4
Communication with LEPCs:
Group email; in-person meetings; annual conference
Resources & Assistance to LEPCs:
Funding; Technical assistance; Guidance documents
Tribal Representatives SERC/LEPC:
No
Sources of Funding:
HMEP grant
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follows federal program
Number of EHS Planning Facilities in
CY20:
2,119
Emergency Release Notification
Requirements (EPCRA Section 304):
Follows federal program
Release Notification System:
State Hotline
Follow-up Reports Tracking:
Yes, via WebEOC
AWIA Section 304 Requirements
Established:
Upon receipt of notification, TDEC is notified which in
turn will notify the State Drinking Water Primary Agency.
Upon receipt of notification of spill affecting drinking
water, TDEC and the local Emergency Management
Agency is notified.
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
Follows federal program
Number of Facilities Reported in CY 2020:
4,113
Reporting Software:
E-Plan
National Survey of State Emergency Response Commissions | pg. 197
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U.S. EPA Office of Emergency Management
One-stop Filing:
Yes
Tier II Filing Fee:
No
Outreach to Facilities for Compliance:
Done locally at the LEPC level
AWIA Section 312 Requirements
Established:
Information may be obtained through our Hazmat Branch
and Public Relations Offices through a request for
information (RFI).
Public Access to EPCRA Information
(EPCRA Section 324):
Reading room access; provide data electronically
Fee for processing requests:
No
LEPC Categorization: County
LEPCs Only
0 40 80 160 Miles
1 I i i I i i i I
National Survey of State Emergency Response Commissions | pg. 198
Is
A
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U.S. EPA Office of Emergency Management
Texas
Commission Name:
Texas State Emergency Response Commission
Legal Basis:
State Law
Commission Chair:
Texas Division of Emergency Management (TDEM)
SERC Members:
Public Utility Commission of Texas; Railroad Commission
of Texas; Texas A&M AgriLife Extension Service; Texas
A&M Engineering Extension Service; Texas A&M Forest
Service; Texas Animal Health Commission; Texas
Commission on Environmental Quality (TCEQ); Texas
Department of Agriculture; Texas Department of Public
Safety; Texas Department of State Health Services; Texas
Department of Transportation; Texas Division of
Emergency Management; Texas General Land Office; Texas
Military Department; Texas Parks and Wildlife Department
Roles and Responsibilities:
TDEM
Supervise LEPCs and their activities; Review emergency
response plans
TCEQ & TDEM
Receive emergency release notifications (initial telephone
notification); Receive emergency release notifications
(follow-up written reports); Receive hazardous chemical
inventories (Tier II or State equivalent)
TCEQ
Receive and process public requests for EPCRA information
Average Number of SERC Meetings
Held Annually:
2
Communication with LEPCs:
Personalized and group email; phone calls; in-person
meetings
Resources & Assistance to LEPCs:
Guidance documents; Training
Tribal Representatives SERC/LEPC:
Unknown
Sources of Funding:
HMEP grant; Tier II filing fees
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follows federal program
Number of EHS Planning Facilities in
CY20:
16,692
Emergency Release Notification
Requirements (EPCRA Section 304):
Follows federal program
Release Notification System:
State Hotline; 911; TCEQ notification line
Follow-up Reports Tracking:
No
AWIA Section 304 Requirements
Established:
TDEM's State Operations Center which serves as the state's
24/7 Warning Point shares notifications with TCEQ, the
state's regulatory agency that oversees public drinking water
systems.
National Survey of State Emergency Response Commissions | pg. 199
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U.S. EPA Office of Emergency Management
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
State has more stringent requirements than federal
Number of Facilities Reported in CY
2020:
80,418
Reporting Software:
State-developed online reporting tool
One-stop Filing:
No
Tier II Filing Fee:
Yes
Outreach to Facilities for Compliance:
Webinars; mass email; conferences
AWIA Section 312 Requirements
Established:
When Tier II data is requested for by a CWS for AWIA
amendments, we verify the requestor is from the CWS or is
representing the CWS, then we search for the data requested
and export the data into either an XML or PDF file format
for the CWS.
Public Access to EPCRA Information
(EPCRA Section 324):
Provide data electronically
Fee for processing requests:
TCEQ charges for reimbursement of the costs incurred when
responding to Public Information Requests in accordance
with state law
LEPC Categorization: County
LEPCs Only
0 65 130 260 Miles
1 I I I I I I I I
A
National Survey of State Emergency Response Commissions | pg. 200
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U.S. EPA Office of Emergency Management
Utah
Commission Name:
Hazardous Chemical Emergency Response Commission
Legal Basis:
State Law
Commission Chair:
(Co-Chairs) Commissioner Jess Anderson and Executive
Director Kim Shelley, Department of Environmental Quality
SERC Members:
Department of Public Safety; Department of Environmental
Quality
Roles and Responsibilities:
State Fire Marshal's Office
Supervise LEPCs and their activities; Review emergency
response plans; Receive emergency release notifications
(initial telephone notification); Receive emergency release
notifications (follow-up written reports)
DEO
Receive hazardous chemical inventories (Tier II or State
equivalent); Receive and process public requests for EPCRA
information
Average Number of SERC Meetings Held
Annually:
4
Communication with LEPCs:
Group email; phone calls; in-person meetings; conferences;
webinars
Resources & Assistance to LEPCs:
Funding; Guidance documents; Training
Tribal Representatives SERC/LEPC:
Yes
Sources o f Funding:
State-appropriated funds; brownfields
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follows federal program
Number of EHS Planning Facilities in
CY20:
897
Emergency Release Notification
Requirements (EPCRA Section 304):
Follows federal program
Release Notification System:
State Hotline
Follow-up Reports Tracking:
No
AWIA Section 304 Requirements
Established:
Spills are reported through the DEQ hotline. DDW is
notified through an email of the spill report or direct
notification by the Duty Officer. DDW determines if there is
a risk to any water system(s) and notifies the PWS by phone
and email.
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
Follows federal program
Number of Facilities Reported in CY 2020:
4,074
Reporting Software:
Tier2 Submit
One-stop Filing:
No
Tier II Filing Fee:
No
Outreach to Facilities for Compliance:
Webinars; conferences
National Survey of State Emergency Response Commissions | pg. 201
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U.S. EPA Office of Emergency Management
AWIA Section 312 Requirements
Established:
Community water systems can access the DEQ's online Tier
2 Submission Portal's GRAMA Search to look up Tier 2
reports. Assistance can be provided by the DEQ Tier 2
Coordinator.
Public Access to EPCRA Information
(EPCRA Section 324):
Reading room access; provide data electronically; postal
mail
Fee for processing requests:
The first 10 copies are free, then $0.05 each per side. If the
document is not already available online or in electronic
form, it is $0.25 each per side scanned after the first 10
which are free. Also, a governmental entity may charge a
reasonable fee to cover the governmental entity's actual cost
of providing a record
National Survey of State Emergency Response Commissions | pg. 202
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U.S. EPA Office of Emergency Management
Vermont
Commission Name:
Vermont State Emergency Response Commission
Legal Basis:
State Law and Governor's Executive Order
Commission Chair:
Kim Lapierre, Division of Emergency Management and
Homeland Security
SERC Members:
Commissioner of Public Safety; Secretary of Natural
Resources; Secretary of Transportation; Commissioner of
Health; Secretary of Agriculture, Food and Markets;
Commissioner of Labor; Director of Fire Safety; Director of
Emergency Management; local government; Local
Emergency Planning Committee; Regional Planning
Commission; fire service; law enforcement; emergency
medical service; hospital; transportation entity
Roles and Responsibilities:
SERC
Supervise the one state-wide LEPC
Review emergency response plans
Agency of Natural Resources (ANR), Division of Fire Safety
(DFS)
Receive emergency release notifications (initial telephone
notification); Receive emergency release notifications
(follow-up written reports)
DFS
Receive hazardous chemical inventories (Tier II or State
equivalent)
DFS DPS
Receive and process public requests for EPCRA information
Average Number of SERC Meetings
Held Annually:
4
Communication with LEPCs:
Personalized and group email, phone calls, annual in-person
meetings, conferences
Resources & Assistance to LEPCs:
Funding; Technical assistance; Training; Response
equipment; Outreach to facilities; Onsite facility inspections
Tribal Representatives SERC/LEPC:
No
Sources of Funding:
HMEP grant; Tier II filing fees
Emergency Planning Notification
Requirements (EPCRA Section 302):
State program - lower thresholds and requires transportation
routes
Number of EHS Planning Facilities in
CY20:
1,324
Emergency Release Notification
Requirements (EPCRA Section 304):
State has more stringent requirements
Release Notification System:
State Hotline; 911
Follow-up Reports Tracking:
Spreadsheet
AWIA Section 304 Requirements
Established:
All Hazmat releases reported to the Vermont Emergency
Management (VEM) watch officer are reported to the Water
Quality units and community water district.
National Survey of State Emergency Response Commissions | pg. 203
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U.S. EPA Office of Emergency Management
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
State program - additional chemicals and lower reporting
thresholds
Number of Facilities Reported in CY
2020:
Not provided
Reporting Software:
Tier2 Submit
One-stop Filing:
Not provided
Tier II Filing Fee:
Yes
Outreach to Facilities for Compliance:
Mass email, conferences, direct mailings
AWIA Section 312 Requirements
Established:
All Hazmat releases reported to the Vermont Emergency
Management (VEM) watch officer are reported to the Water
Quality units and community water district.
Public Access to EPCRA Information
(EPCRA Section 324):
Provide data electronically
Fee for processing requests:
No
LEPC Categorization: LEPC is
entire State
0 15 30 60 Miles
1 I I I I I I I I
National Survey of State Emergency Response Commissions | pg. 204
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U.S. EPA Office of Emergency Management
Commission Name:
U.S. Virgin Islands State Emergency Response Commission
Legal Basis:
Governor's Executive Order
Commission Chair:
Department of Planning and Natural Resources
SERC Members:
Director of the Virgin Islands Territorial Emergency
Management Agency; Commissioner of Planning and Natural
Resources; Director of the Division of Environmental
Protection, Department of Planning and Natural Resources;
Commissioner of Police; Director of the Division of
Environmental Enforcement, Department of Planning and
Natural Resources; Director of the Division of
Comprehensive and Coastal Zone Planning, Department of
Planning and Natural Resources; Director of the Division of
Fish and Wildlife, Department of Planning and Natural
Resources; Commissioner of Labor; Commissioner of Public
Works; Virgin Islands Waste Management Authority;
Attorney General; Director of the Virgin Islands Fire Service;
Commissioner of Health; Executive Director of the Virgin
Islands Port Authority; Waste Management Authority;
President of the University of the Virgin Islands; Two Virgin
Islands representatives to the "Caribbean Response Team" as
designated by the Governor; Two representatives from the
private sector with experience in environmental emergencies,
to be appointed by the Governor; Superintendent of the
Virgin Islands National Park; Virgin Islands Adjutant
General; Virgin Islands National Guard
Roles and Responsibilities:
VI Territorial Emergency Management Agency
Supervise LEPCs and their activities; Review emergency
response plans
VI Fire Service
Receive emergency release notifications (initial telephone
notification); Receive emergency release notifications
(follow-up written reports); Receive hazardous chemical
inventories (Tier II or State equivalent)
Department of Planning and Natural Resources
Receive and process public requests for EPCRA information
Average Number of SERC Meetings
Held Annually:
4
Communication with LEPCs:
Personalized email
Tribal Representatives SERC/LEPC:
No
Sources o f Funding:
Not provided
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follow federal program
Number of EHS Planning Facilities in
CY20:
0
National Survey of State Emergency Response Commissions | pg. 205
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U.S. EPA Office of Emergency Management
Emergency Release Notification
Requirements (EPCRA Section 304):
Follows federal program
Release Notification System:
911; VI Fire Service line
Follow-up Reports Tracking:
No
AWIA Section 304 Requirements
Established:
N/a
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
Follows federal program
Number of Facilities Reported in CY
2020:
Not provided
Reporting Software:
Tier2 Submit; Electronic reporting
One-stop Filing:
Yes
Tier II Filing Fee:
No
Outreach to Facilities for Compliance:
None
AWIA Section 312 Requirements
Established:
N/a
Public Access to EPCRA In formation
(EPCRA Section 324):
Provide data electronically
Fee for processing requests:
No
National Survey of State Emergency Response Commissions | pg. 206
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U.S. EPA Office of Emergency Management
Virginia
Commission Name:
Virginia State Emergency Response Commission
Legal Basis:
State Law
Commission Chair:
Virginia Department of Emergency Management
SERC Members:
Virginia House of Delegates; Virginia Senate; non-
legislative citizens; Virginia Lieutenant Governor; Secretary
of Supreme Court of Virginia; Secretary of Administration;
Secretary of Commerce and Trade; Secretary of Health and
Human Resources; Secretary of Transportation; Secretary of
Public Safety and Homeland Security; Secretary of Veterans
and Defense Affairs; Department of Emergency
Management; Department of Health; Virginia State Police;
local first responders; local government; allied health
professionals; public sector business
Roles and Responsibilities:
Virginia Department of Emergency Management
Supervise LEPCs and their activities
Virginia Department of Emergency Management and
Virginia Department of Environmental Quality
Review emergency response plans; Receive emergency
release notifications (initial telephone notification); Receive
emergency release notifications (follow-up written reports)
Virginia Department of Environmental Quality
Receive hazardous chemical inventories (Tier II or State
equivalent); Receive and process public requests for EPCRA
information
Average Number of SERC Meetings
Held Annually:
2
Communication with LEPCs:
Personalized and group email; phone calls; in-person
meetings; annual conference
Resources and Assistance provided for
LEPCs:
Funding; Technical assistance; Community risk
communication; Response; Outreach to facilities
Tribal Representatives in
SERC/LEPC:
Yes
Sources of Funding:
State-appropriated funds
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follow federal program
Number of EHS Planning Facilities in
CY20:
2,100
Emergency Release Notification
Requirements (EPCRA Section 304):
Follows federal program
Release Notification System:
State Hotline; SERC office
Follow-up Reports Tracking:
Spreadsheet
AWIA Section 304 Requirements
Established:
State drinking water primacy agency has access to the
Statewide Alert Network (SWAN) and receives copies of
National Survey of State Emergency Response Commissions | pg. 207
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U.S. EPA Office of Emergency Management
incident reports and updates from the Virginia Emergency
Operations Center. They can also be notified by state On-
Scene Coordinators if necessary or if notification has not
been confirmed.
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
Follows federal program
Number of Facilities Reported in CY
2020:
4,704
Reporting Software:
Tier2 Submit
One-stop Filing:
No
Tier IIFiling Fee:
No
Outreach to Facilities for Compliance:
Phone calls; in-person meetings; website information
AWIA Section 312 Requirements
Established:
The Virginia Department of Health - Office of Drinking
Water has a reciprocal information sharing agreement with
the Virginia Department of Environmental Quality.
Public Access to EPCRA Information
(EPCRA Section 324):
Provide data electronically; postal mail
Fee for processing requests:
No
LEPC Categorization: County
LEPCs Only
0 40 80 160 Miles
National Survey of State Emergency Response Commissions | pg. 208
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U.S. EPA Office of Emergency Management
Washington
Commission Name:
Washington State Emergency Response Commission
Legal Basis:
State Law
Commission Chair:
Chief Patrick Reid, Pasco Fire Department
SERC Members:
Washington Fire Chiefs Association; Washington State
Patrol - State Fire Marshal's Office; Washington State
Department of Ecology; Washington Military Department;
Washington State Department of Labor and Industries;
Washington State Department of Transportation;
Washington State Department of Health; Local Emergency
Manager; Westside LEPC Representative; Eastside LEPC
Representative; Private Industry - Bellingham Cold Storage;
Transportation Industry - Washington Trucking
Association; Washington State Department of Agriculture
Roles and Responsibilities:
Washington Militant Department, Emergency Management
Division (EMD), Hazardous Materials Planning Program
Supervise LEPCs and their activities
Washington Militant Department, Emergency Management
Division, Hazardous Materials Planning Program,
Washington Department of Ecology, and Washington State
Patrol - State Fire Marshal's Office
Review emergency response plans
Washington Militaty Department, Emergency Management
Division; Alert and Warning Center
Receive emergency release notifications (initial telephone
notification)
Department of Ecology (ECY)
Receive emergency release notifications (follow-up written
reports), Receive hazardous chemical inventories (Tier II or
State equivalent)
EMD and ECY
Receive and process public requests for EPCRA information
Average Number of SERC Meetings
Held Annually:
4
Communication with LEPCs:
Personalized and group email; phone calls; monthly in-
person meetings; annual conference
Resources & Assistance for LEPCs:
Community risk communication; Guidance documents;
Training; Response equipment; Outreach to facilities; Onsite
facility inspections; Sub-grant funding for exercise, training,
and planning
Tribal Representatives in
SERC/LEPC:
Yes
Sources o f Funding:
State-appropriated funds, PHMSA grant, EPA grant
National Survey of State Emergency Response Commissions | pg. 209
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U.S. EPA Office of Emergency Management
Emergency Planning Notification
Requirements (EPCRA Section 302):
State program - requires reporting of crude oil by rail
Number of EHS Planning Facilities in
CY20:
2,774
Emergency Release Notification
Requirements (EPCRA Section 304):
Follows federal program
Release Notification System:
State Hotline; 911; SERC office
Follow-up Reports Tracking:
Custom application
AWIA Section 304 Requirements
Established:
In Washington State, the Department of Health (DOH) is the
primacy agency. ECY notifies DOH of releases, both
EPCRA and non-EPCRA, and does not distinguish between
the two. Our notification process is the same for both
transportation-related or fixed facility-related releases.
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
State program - requires exact quantity of chemicals present
rather than ranges as in the federal program
Number of Facilities Reported in CY
2020:
4,784
Reporting Software:
State-developed online tool
One-stop Filing:
No
Tier II Filing Fee:
No
Outreach to Facilities for Compliance:
Mass email; conferences; ECY Website and newsletter
(Shop Talk) sent out 3-4 times per year
AWIA Section 312 Requirements
Established:
N/a
Public Access to EPCRA Information
(EPCRA Section 324):
ECY requires Public Information Requests to go through an
electronic "Public Records Request Center"
Fee for processing requests:
No
National Survey of State Emergency Response Commissions | pg. 210
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U.S. EPA Office of Emergency Management
West Virginia
Commission Name:
West Virginia State Emergency Response Commission
Legal Basis:
State Law
Commission Chairs:
Director of Emergency Management Division
SERC Members:
Director of Emergency Management Division; Director of
the WV Department of Environmental Protection;
Commissioner Department of Health and Human - Office of
Environmental Health Services; Chief Air Quality of the
Division of Environmental Protection; Superintendent of the
Division of Public Safety; Commissioner of the Division of
Highways; Designee of the Public Service Commission;
Designee of the State Fire Marshal; Representative from the
chemical industry; Representative of a municipal or
volunteer fire department; Representative of the public who
is knowledgeable in the area of emergency response
Roles and Responsibilities:
SERC
Supervise LEPCs and their activities; Review emergency
response plans
Division of Emergency Management or 911
Receive emergency release notifications (initial telephone
notification)
Division of Emergency Management - SERC
Receive emergency release notifications (follow-up written
reports); Receive hazardous chemical inventories (Tier II or
State equivalent); Receive and process public requests for
EPCRA information
Average Number of SERC Meetings
Held Annually:
4-6
Communication with LEPCs:
Personalized and group email, phone calls, in-person
meetings, annual conferences
Resources and Assistance provided for
LEPC:
Funding; Technical assistance; Guidance documents;
Training; Outreach to facilities
Tribal Representatives in
SERC/LEPC:
No
Sources of Funding:
State-appropriated funds; Tier II filing fees; HMEP grant
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follows the federal program
Number of EHS Planning Facilities in
CY20:
9,900
Emergency Release Notification
Requirements (EPCRA Section 304):
Follows the federal program
Release Notification System:
State Hotline; 911; SERC office
Follow-up Reports :
No
National Survey of State Emergency Response Commissions | pg. 211
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U.S. EPA Office of Emergency Management
AWIA Section 304 Requirements
Established:
Multiple representatives from the State Drinking Authority
receive all spill notifications. The spill notifications are then
shared with drinking water systems around the state.
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
Follows the federal program
Number of Facilities Reported in CY
2020:
6,781
Reporting Software:
TIER II MANAGER online reporting system
One-stop Filing:
Yes
Tier II Filing Fees:
Yes
Outreach to Facilities for Compliance:
Mass emails
AWIA Section 312 Requirements
Established:
As requested by community water systems
Public Access to EPCRA Information
(EPCRA Section 324):
Provide data electronically
Fee for processing requests:
No
National Survey of State Emergency Response Commissions | pg. 212
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U.S. EPA Office of Emergency Management
Wisconsin
Commission Name:
Wisconsin State Emergency Response Commission
Legal Basis:
State Law
Commission Chairs:
Wisconsin Emergency Management (WEM)
SERC Members:
WEM Administrator; EPCRA Advisory Workgroup
(LEPCs, County Emergency Managers, State Agencies,
WEM); Coordination with interagency workgroup
(Wisconsin Department of Natural Resources (DNR),
Wisconsin Department of Administration (DOA),
Wisconsin Department of Agriculture, Trade and Consumer
Protection (WDATCP), Wisconsin Department of
Transportation (WDOT), Wisconsin Civil Air Patrol
(WING))
Roles and Responsibilities:
WEM
Supervise LEPCs and their activities; Review emergency
response plans; Receive hazardous chemical inventories
(Tier II or state equivalent); Receive and process public
requests for EPCRA information
WDNR
Receive emergency release notifications (initial telephone
notification); Receive emergency release notifications
(follow-up written reports)
Average Number of SERC Meetings
Held Annually:
4
Communication with LEPCs:
Personalized and group email; phone calls; in-person
meetings; conferences
Resources and Assistance provided for
LEPC:
Funding; Technical assistance; Community risk
communication; Guidance documents; Training; Response
equipment; Outreach to facilities; Onsite facility inspections
Tribal Representatives in
SERC/LEPC:
Yes
Sources of Funding:
State-appropriated funds; Tier II filing fees; facility planning
fees
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follows the federal program
Number of EHS Planning Facilities in
CY20:
2,828
Emergency Release Notification
Requirements (EPCRA Section 304):
Follows the federal program
Release Notification System:
State Hotline; 911
Follow-up Reports :
Yes
AWIA Section 304 Requirements
Established:
WDNR Process
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
Follows the federal program
National Survey of State Emergency Response Commissions | pg. 213
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U.S. EPA Office of Emergency Management
Number of Facilities Reported in CY
2020:
6,681
Reporting Software:
State-developed tool
One-stop Filing:
Yes
Tier II Filing Fees:
Yes
Outreach to Facilities for Compliance:
Mass emails
AWIA Section 312 Requirements
Established:
Information is provided on request by WEM and LEPCS.
Community water systems are eligible to get free access to
the WHOPRS system.
Public Access to EPCRA Information
(EPCRA Section 324):
Provide data electronically
Fee for processing requests:
No
LEPC Categorization: County
LEPCs Only
0 30 60 120 Miles
1 I I I I I I I I
National Survey of State Emergency Response Commissions | pg. 214
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U.S. EPA Office of Emergency Management
Wyoming
Commission Name:
Wyoming State Emergency Response Commission
Legal Basis:
State Law
Commission Chair:
Wyoming Office of Homeland Security
SERC Members:
Manufacturing Industry; Department of Agriculture;
Department of Environmental Quality; Medical Industry;
Department of Transportation/Wyoming Highway Patrol;
Department of Fire Prevention and Electrical Safety;
Emergency Medical Services; General Public; Homeland
Security; Eastern Shoshone Tribe; Northern Arapaho Tribe;
State Legislature; Local Government; Local Law
Enforcement; Fire Services; Media; Mining Industry;
Trucking Industry; University of Wyoming; Department of
Health; Railroad Industry/UPRR (currently vacant);,
Railroad Industrv/BNSF; Energy Industry
Roles and Responsibilities:
SERC/Wyoming Office of Homeland Office Homeland
Security
Supervise LEPCs and their activities; Receive emergency
release notifications (initial telephone notification); Receive
emergency release notifications (follow-up written reports);
Receive hazardous chemical inventories (Tier II or State
equivalent); Receive and process public requests for EPCRA
information
SERC Boards of County Commissioners/Local Government
Officials
Review emergency response plans
Average Number of SERC Meetings
Held Annually:
2
Communication with LEPCs:
Personalized and group email; phone calls; monthly
conference calls
Resources and Assistance for LEPCs:
Technical assistance; Community risk communication;
Guidance documents
Tribal Representatives in
SERC/LEPC:
Yes
Sources of Funding:
State-appropriated funds; HMEP grant
Emergency Planning Notification
Requirements (EPCRA Section 302):
Follow federal program
Number of EHS Planning Facilities in
CY20:
149
Emergency Release Notification
Requirements (EPCRA Section 304):
Follows federal program
Release Notification System:
SERC office
Follow-up Reports Tracking:
Custom application
National Survey of State Emergency Response Commissions | pg. 215
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U.S. EPA Office of Emergency Management
AWIA Section 304 Requirements
Established:
Handled by LEPCs and Wyoming Office of Homeland
Security.
Communicating with the LEPCs and water treatment
facilities about the importance of sharing information and
working together. Getting water treatment facilities actively
involved with the SERC.
Hazardous Chemical Inventory
Requirements (EPCRA Section 312):
Follows federal program
Number of Facilities Reported in CY
2020:
7,787
Reporting Software:
Tier2 Submit
One-stop Filing:
Yes
Tier II Filing Fee:
No
AWIA Section 312 Requirements
Established:
It is the responsibility of the LEPCs to contact the water
treatment facilities in their county.
Public Access to EPCRA In formation
(EPCRA Section 324):
Provide data electronically
Fee for processing requests:
No
LEPC Categorization: County
LEPCs Only
0 35 70 140 Miles
1 I I I I I I I I
N
A
National Survey of State Emergency Response Commissions | pg. 216
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