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Regulatory Aspects of Title III Local Emergency Planning Committee

Regulatory Aspects of Title III Local Emergency Planning Committee. Stephen Jackson CHMM, PG Division of Emergency Management. BHOPAL, INDIA. December 2, 3 1984. UNION CARBIDE OF INDIA 27 tons of poisonous MIC gas released 3000-8000 dead immediately 20,000 additional deaths by 1994

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Regulatory Aspects of Title III Local Emergency Planning Committee

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  1. Regulatory Aspects of Title III Local Emergency Planning Committee Stephen Jackson CHMM, PG Division of Emergency Management

  2. BHOPAL, INDIA

  3. December 2, 3 1984 UNION CARBIDE OF INDIA 27 tons of poisonous MIC gas released 3000-8000 dead immediately 20,000 additional deaths by 1994 150,000 permanently disabled

  4. BHOPAL TWENTY YEARS LATER

  5. CAN IT HAPPEN HERE? August 11, 1985 INSTITUTE, WEST VIRGINIA Union Carbide 135 hospitalized after release of MIC 28 releases of MIC between 1980 and 1985

  6. Lessons Learned Awareness, Planning, Preparation Save Lives

  7. October 17, 1986 Emergency Planning and Community Right-to-Know Act (EPCRA) enacted by Congress Title III of the Superfund Amendment and Reauthorization Act (SARA) of 1986 42 USC Sections 11001-11050 KRS 39E and KAR 106 Chapter 1

  8. EPCRA CONTENTS Subtitle A Emergency Planning and Notification Subtitle B Reporting Requirements Subtitle C General Provisions

  9. Subtitle A Emergency Planning and Notification Section 301 • Establish a State Emergency Response Commission (SERC) • Establish Local Emergency Planning Districts • Establish Local Emergency Planning Committees (LEPC)

  10. KENTUCKY EMERGENCY RESPONSE COMMISSION STRUCTRUE

  11. Members of SERC ● Appointed by Governor to 2 year terms and can be reappointed ● Director of Emergency Management is required to be Chairman ● Director of State Fire Commission must be a member Other members include but aren’t limited to representatives of: Department for Environmental Protection State Fire Marshal’s Office Kentucky State Police Health Services Groups Environmental Groups Local Government Affected Facilities

  12. Subtitle AExtremely Hazardous Substances Section 302 Required publication of a list of “Extremely Hazardous Substances” (EHS) Required Threshold Planning Quantities (TPQ) be developed for EHS Required facilities possessing EHS to report their presence to the SERC and LEPC within 60 days after initial acquisition

  13. Subtitle A Comprehensive Emergency Response Plans Section 303 LEPCs required to complete an emergency plan for facilities identified in Section 302 = facilities possessing EHS in quantities above the TPQ Facilities are required to participate in the planning process by appointing a facility emergency response coordinator to work with LEPC Identified elements to be contained in the Comprehensive Emergency Response Plans Review of Plans by the SERC

  14. Comprehensive Emergency Response Plans are TAB Q-7 Plans KRS 39E.150 requires these Plans be included in the Hazardous Materials Annex- Annex Q of the County’s Emergency Operations Plan. Appendix Q-7 is Facility Emergency Response. The Comprehensive Emergency Response Plans are included as Tabs to Q-7 Therefore the name TAB Q-7 Plans

  15. Subtitle AEmergency Notification Section 304 Expands upon the reporting required under CERCLA for accidental releases at EHS facilities that exceed the reporting quantity. Requires releases exceeding the reporting quantities be reported by the facilities to the LEPC, the SERC, and if the substance is a CERCLA reportable compound, reported to the National Response Center. Notification to the Duty Officer at the State Emergency Operations Center constitutes a report to the SERC Although not specified in EPCRA reportable releases in Kentucky need to also be reported to the Environmental Response Team

  16. Subtitle B Reporting Requirements • Section 311 Submission of Material Safety Data Sheet (MSDS) required by OSHA to the SERC, LEPC, FD with jurisdiction • Section 312 Hazardous Material Inventory Reports (Tier II) • Section 313 Toxic Chemical Release Forms. http://www.epa.gov/enviro/html/tris/tris_query.html

  17. REPORTING MATRIX

  18. Subtitle C General Provisions • Relationship to other law • Trade secrets • Provision of information to health professionals, doctors, and nurses • Public availability of plans, data sheets, forms, and follow-up notices • Enforcement • Civil actions • Exemption for transportation • Regulations • Definitions • Authorization of appropriations

  19. February 20, 2003CTA Acoustics Corbin, Kentucky 7 dead 37 injured Dust Explosion of Phenolic Resin Powder

  20. LEPC Local Emergency Planning Committee

  21. 39E.100 Local planning committees (1) Local emergency planning committees are created as part of the state commission. (2) Local committee members shall be appointed by the commission, and shall be considered as agents of the state for all purposes, including purposes of liability protection.

  22. LEPC Membership: • Elected officials • Law Enforcement • Emergency Management • Fire Service • First Aid • Health Service • Local Environmental • Hospital • Transportation • Media • Community Groups • Facilities

  23. LEPC Responsibilities: • Public Agency • Everything is public record • Receive reports from Facilities • Notification of eligibility • Material Safety Data Sheets • Inventory reporting • Release reporting

  24. LEPC Responsibilities [part 2]: • Planning: • Identify a 24 hour warning point • Develop a Community Response Plan • member input • facility specific information • Test & review plan • Develop procedures for review of plan

  25. LEPC Responsibilities [part 3]: • Public Records • Bylaws • Minutes • Procedures • Finances • Facility Reports

  26. Member Responsibilities [more]: • Active participant • Monitoring LEPC activities • Sub Committees • Outreach Programs • Mentoring facilities • Compliance assistance

  27. Why LEPC? Its your Community…. - You live here - You play here - Your family is here

  28. MORE PAPERWORKANNUAL PUBLIC NOTICE Published annually in local newspaper Public (Legal) Notice Advertisement Form LEPC name LEPC chairperson name LEPC mailing address and/or phone number Name of County or Counties represented by LEPC Location of LEPC meetings Time and Location where LEPC records can be reviewed

  29. AND MORE PAPERWORK • Membership List - Roster • LEPC Meeting Minutes • List of Attendees

  30. LEPC Fee Account Grant • KRS 39E.050; 106 KAR 1:091 “Kentucky Emergency Response Commission Fee Account” Tier II Fees Awarded to LEPCs meeting eligibility requirements Based on a formula found in 106 KAR 1:121 Appendix A of LEPC Manual

  31. LEPC Fee Account Grant continued LEPC Grant Application Request Form SARA-303 Due to KYEM Area Managers by May 1 Awarded by September 15

  32. HAZARDOUS MATERIAL INVENTORY FORM TIER II

  33. What is a Tier II? Tier II is the form that most states require facilities to use to report their hazardous materials. It is due March 1 of each year and covers the previous calendar year. Must be submitted to SERC, LEPC, FD with jurisdiction in the area where the facility is located

  34. Tier II reporting requirements Any facility that is required by OSHA to have an MSDS for a substance and has: 10,000 lbs of that material or If the substance is an Extremely Hazardous Substance: 500 lbs or threshold planning quantity (TPQ) whichever is less

  35. Extremely Hazardous Substances EPCRA Section 302 required the publication of a list of “Extremely Hazardous Substances” The list is contained in 40 CFR 355 Appendix A and can also be found in the EPA’s List of Lists at: http://web-services.gov/lol/ LEPC Orientation Manual Appendix A

  36. Gasoline and Diesel Exception Retail Gasoline Stations • 75,000 gallons or 470,250 lbs of gasoline • 100,000 gallons or 730,000 lbs of diesel fuel held completely in underground storage tanks (USTs) which are in compliance with all UST Regulations.

  37. Reporting Exemptions* • Hazardous chemical means any hazardous chemical as defined under §1910.1200(c) of Title 29 of the Code of Federal Regulations, except that such term does not include the following substances: • (1) Any food, food additive, color additive, drug, or cosmetic regulated by the Food and Drug Administration. • (2) Any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal conditions of use. • (3) Any substance to the extent it is used for personal, family, or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public. • (4) Any substance to the extent it is used in a research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual. • (5) Any substance to the extent it is used in routine agricultural operations or is a fertilizer held for sale by a retailer to the ultimate customer. • * Ref.: 40CFR Part 370.2 (Definitions)

  38. Exemptions (cont’d) • TITLE 42--THE PUBLIC HEALTH AND WELFARE CHAPTER 116--EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW SUBCHAPTER III--GENERAL PROVISIONS Sec. 11047. Exemption • Except as provided in section 11004 of this title, this chapter does not apply to the transportation, including the storage incident to such transportation, of any substance or chemical subject to the requirements of this chapter, including the transportation and distribution of natural gas. (Pub. L. 99-499, title III, Sec. 327, Oct. 17, 1986, 100 Stat. 1757.)

  39. TIER II Fees • $0 Category One Facility • $40 Category Two Facility • $250 Category Three, Four and Five Facilities

  40. Tier II Fee Categories Category One Facilities • Any facility owned or operated by local, state or federal government. Category one facilities are exempted from paying any fee in accordance with KRS 39 E.050. Category Two Facilities • Any facility that has not less than ten thousand (10,000) pounds and not more than four hundred ninety nine thousand, nine hundred and ninety nine (499,999) pounds of each of ten (10) or fewer hazardous substances at any time during the calendar year. The combined total of all hazardous substances shall not exceed four hundred ninety nine thousand, nine hundred ninety nine

  41. Tier II Fee Categories Category Three Facilities • Any facility that has ten thousand (10,000) pounds or more of each of eleven (11) or more hazardous substances. The combined total of all hazardous substances shall not exceed four hundred ninety nine thousand, nine hundred and ninety nine (499,999) pounds. Category Four Facilities • Any facility that has a total inventory of over four hundred ninety nine thousand, nine hundred ninety nine (499,999) pounds. Category Five Facilities • Any facility that has an Extremely Hazardous Substance listed in 40 CFR Part 355 as amended (EPA’s list of Extremely Hazardous Substances) in excess of the threshold planning quantity or 500 pounds whichever is less.

  42. Tier II Fees • The funds derived from the fee system are placed in a trust and agency account, which is known as the "Kentucky Emergency Response Commission Fee Account“ • The money is used to fund the LEPC Grants received by eligible LEPCs

  43. EPA’s Tier 2 Submit Software www.epa.gov/emergencies/content/epcra/tier2.htm. kytier2reports@ng.army.mil sjackson@lexingtonky.gov jacksonl@lexingtonky.gov

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