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State Emergency Response Commission SERC January 5, 2009

TENNESSEE EMERGENCY MANAGEMENT AGENCY. State Emergency Response Commission SERC January 5, 2009. TENNESSEE EMERGENCY MANAGEMENT AGENCY. HAZARDOUS MATERIALS OVERSIGHT. CONTROL OF HAZARDOUS MATERIALS. Federal Law. Public Health Service Act of 1944 Atomic Energy Act of 1954

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State Emergency Response Commission SERC January 5, 2009

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  1. TENNESSEE EMERGENCY MANAGEMENT AGENCY State Emergency Response Commission SERC January 5, 2009

  2. TENNESSEE EMERGENCY MANAGEMENT AGENCY HAZARDOUS MATERIALS OVERSIGHT

  3. CONTROL OF HAZARDOUS MATERIALS Federal Law Public Health Service Act of 1944 Atomic Energy Act of 1954 Public Health Service Act Amended of 1957 Public Health Service Act Amended of 1958 Public Health Service Act Amended of 1960 Reorganization Plan Number 3 of 1970 Occupational Health and Safety Act of 1970 Clean Water Act of 1972 Energy Reorganization Act of 1974 Safe DrinkingWater Act of 1974 Hazardous Materials Transportation Act of 1975 Toxic Substances Control Act of 1976 Public Health Service Act Amended of 1976 Resource Conservation and Recovery Act of 1976 Clean Water Act Amended of 1977

  4. CONTROL OF HAZARDOUS MATERIALS Federal Law Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980 Superfund Amendments and Reauthorization Act (SARA, Title III), 1980 Resource Conservation and Recovery Amended Act of 1984 Resource Conservation and Recovery Amended Act of 1986 Environmental Response, Compensation and Liability Act (EPCRA) of 1986 Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) of 1996 Federal Food, Drug and Cosmetic Act (FFDCA) of 2004

  5. CONTROL OF HAZARDOUS MATERIALS State Law TCA 58-2-101 to 58-2-124, especially TCA 58-2-103, Disasters, Emergencies and Civil Defense TCA 58-8-101 to 58-8-115, Mutual Aid and Emergency and Disaster Assistance Agreement Act of 2004 TCA 58-2-601 to 58-2-604, Accidents Involving Hazardous Materials

  6. CONTROL OF HAZARDOUS MATERIALS Other Guidance Presidential Order 12580; National Oil and Hazardous Substance Pollution Contingency Plan (NCP) and Region IV Oil and Hazardous Substances Contingency Plan (RCP) 40 CFR 61, Subpart H and Subpart I; 40 CFR 302, Appendix B, OSHA Tennessee Executive Order Number 7, 1987, Governor Ned McWherter Memo of Agreement, US DOE and TEMA/TDEC, June 6, 2006 Memo of Agreement, TVA and TEMA, February 28, 2005

  7. TENNESSEE EMERGENCY MANAGEMENT AGENCY CHEMICALS Four classes: Extremely Hazardous Substances, EPCRA Section 302 Hazardous Substances, EPCRA Section 304 Hazardous Chemicals, EPCRA Section 311-312 & OSHA Toxic Chemicals, EPCRA Section 313 RADIOLOGICAL HAZARDS 29 CFR 1910, subpart Z, OSHA Hazardous Substances

  8. TENNESSEE EMERGENCY MANAGEMENT AGENCY THRESHOLDS FOR REPORTING Extremely Hazardous Substances (EHS) (300-400 items) – 500 pounds Gasoline, all grades – 75,000 gallons Diesel, all grades – 100,000 gallons All other OSHA hazardous chemicals (@ 500,000 items) – 10,000 pounds 29 CFR 1910, subpart Z, OSHA Hazardous Substances, radioactive waste is controllable under Presidential Order 12580, but not reportable under CIRCLA, ERPCA or OSHA, reporting by agreement

  9. FEDERAL EMERGENCY HAZMAT REPORTS SERC LEPC NRC OWNER OPERATOR OWNER OPERATOR IMMEDIATE VERBAL EHS-App A-B, 40 CFR 355 EHS-App A-B, 40 CFR 355 29 CFR 1910.1220(c) and Subpart Z Table 302.4, 40 CFR 302 WITHIN 24 HOURS

  10. STATE EMERGENCY HAZMAT REPORTS TEMA OPERATOR OF PLACARDED TRANSPORTATION APPROPRIATE COMMUNITY OFFICIALS AS SOON AS POSSIBLE AFTER AN ACCIDENT OR INCIDENT Hazardous Materials TCA 58-2-601 to TCA 58-2-604 Includes radioactive material

  11. FEDERAL ROUTINE HAZMAT REPORTS SERC LEPC FIRE DEPARTMENTS FOLLOWUP WRITTEN REPORT in 45 days EHS RELEASE OWNER OR OPERATOR TIER II, 1 MARCH ANNUAL EHS-App A-B, 40 CFR 355 29 CFR 1910.1220(c)

  12. FEDERAL ROUTINE HAZMAT REPORTS SERC EPA OWNER OR OPERATOR Toxic Release Inventory ROLLUP, 1 JULY ANNUAL EHS-App A-B, 40 CFR 355 Table 302.4, 40 CFR 302 29 CFR 1910.1220(c) 40 CRR 372.65

  13. TENNESSEE EMERGENCY MANAGEMENT AGENCY STATE EMERGENCY RESPONSE COMMISSION CHAIRPERSON: Director TEMA, Department of Military MEMBERS: The Adjutant General Department of Military Commissioner Department of Environment & Conservation Commissioner Department of Health Commissioner Department of Labor & WF Devel. (TOSHA)

  14. TENNESSEE EMERGENCY MANAGEMENT AGENCY STATE EMERGENCY RESPONSE COMMISSION • ADVISE THE GOVERNOR ON HAZARDOUS MATERIALS (HAZMAT) • PREPARE A STATE HAZMAT EMERGENCY PLAN FOR PUBLIC SAFETY (FOUND IN TEMP, ESF-10, HAZARDOUS MATERIALS) • EVALUATE NEED FOR RESOURCES • APPROVE COUNTY HAZMAT EMERGENCY PLANS & APPOINTMENTS • RECEIVE NOTICES OF ACCIDENTS AND OTHER RELEASES • REVIEW ACTIONS TAKEN BY INDUSTRY & OTHERS • DEVELOP REPORTING SYSTEM • ARRANGE FOR PUBLIC NOTIFICATION OF ACTIVITIES • HANDLE REQUESTS FOR INFORMATION

  15. TENNESSEE EMERGENCY MANAGEMENT AGENCY LOCAL EMERGENCY PLANNING COMMITTEE • DESIGNATE A COMMUNITY EMERGENCY COORDINATOR (CEC) TO RECEIVE NOTICES OF ACCIDENTS AND RELEASES AND REPORT WITHIN TIME REQUIRED • DESIGNATE AN INFORMATION COORDINATOR IF NOT IN DUTIES OF CEC • EVALUATE THE NEED FOR RESOURCES & MANAGE GRANTS OR OTHER FUNDS • PREPARE & UPDATE A COUNTY-WIDE HAZMAT EMERGENCY PLAN FOR RESPONSE AND PUBLIC SAFETY • PROVIDE OVERSIGHT FOR OWNER-OPERATORS AND FACILITY EMERGENCY COORDINATORS • MEET TWICE ANNUALLY OR MORE • ARRANGE FOR PUBLIC NOTIFICATION OF ACTIVITIES • HANDLE REQUESTS FOR INFORMATION • REPORT TO THE SERC • SEEK CIVIL ACTION AS NECESSARY FOR REPORTING FAILURES

  16. TENNESSEE EMERGENCY MANAGEMENT AGENCY QUESTIONS Contact: Donnie Smith, TEMA, 741-1453 or Rhonda Paxton, Plans Branch TEMA, 741-2986

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