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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

Regulatory Aspects of Title III Local Emergency Planning Committee

Stephen Jackson CHMM, PG

Division of Emergency Management

slide3

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

can it happen here august 11 1985 institute west virginia
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

lessons learned
Lessons Learned

Awareness, Planning, Preparation

Save Lives

october 17 1986
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

epcra contents
EPCRA CONTENTS

Subtitle A Emergency Planning and Notification

Subtitle B Reporting Requirements

Subtitle C General Provisions

subtitle a emergency planning and notification
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)
members of serc
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

subtitle a extremely hazardous substances
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

subtitle a comprehensive emergency response plans
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

comprehensive emergency response plans are tab q 7 plans
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

subtitle a emergency notification
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

subtitle b reporting requirements
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

subtitle c general provisions
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
february 20 2003 cta acoustics corbin kentucky
February 20, 2003CTA Acoustics Corbin, Kentucky

7 dead

37 injured

Dust Explosion of Phenolic Resin Powder

slide21

LEPC

Local Emergency Planning Committee

slide22

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.

lepc membership
LEPC Membership:
  • Elected officials
  • Law Enforcement
  • Emergency Management
  • Fire Service
  • First Aid
  • Health Service
  • Local Environmental
  • Hospital
  • Transportation
  • Media
  • Community Groups
  • Facilities
lepc responsibilities
LEPC Responsibilities:
  • Public Agency
    • Everything is public record
  • Receive reports from Facilities
    • Notification of eligibility
    • Material Safety Data Sheets
    • Inventory reporting
    • Release reporting
lepc responsibilities part 2
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
lepc responsibilities part 3
LEPC Responsibilities [part 3]:
  • Public Records
    • Bylaws
    • Minutes
    • Procedures
    • Finances
    • Facility Reports
member responsibilities more
Member Responsibilities [more]:
  • Active participant
    • Monitoring LEPC activities
    • Sub Committees
  • Outreach Programs
    • Mentoring facilities
    • Compliance assistance
why lepc

Why LEPC?

Its your Community….

- You live here

- You play here

- Your family is here

more paperwork annual public notice
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

and more paperwork
AND MORE PAPERWORK
  • Membership List - Roster
  • LEPC Meeting Minutes
  • List of Attendees
lepc fee account grant
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

lepc fee account grant continued
LEPC Fee Account Grant continued

LEPC Grant Application Request Form SARA-303

Due to KYEM Area Managers by May 1

Awarded by September 15

what is a tier ii
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

tier ii reporting requirements
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

extremely hazardous substances
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

gasoline and diesel exception
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.

reporting exemptions
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)
exemptions cont d
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.)
tier ii fees
TIER II Fees
  • $0 Category One Facility
  • $40 Category Two Facility
  • $250 Category Three, Four and Five Facilities
tier ii fee categories
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
tier ii fee categories1
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.
tier ii fees1
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
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