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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
Stephen Jackson CHMM, PG
Division of Emergency Management
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
135 hospitalized after release of MIC
28 releases of MIC between 1980 and 1985
Awareness, Planning, Preparation
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
Subtitle A Emergency Planning and Notification
Subtitle B Reporting Requirements
Subtitle C General Provisions
● 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
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
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
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
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
Dust Explosion of Phenolic Resin Powder
Local Emergency Planning Committee
(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.
Its your Community….
- You live here
- You play here
- Your family is here
Published annually in local newspaper
Public (Legal) Notice Advertisement Form
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
“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 Grant Application Request Form SARA-303
Due to KYEM Area Managers by May 1
Awarded by September 15
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
Any facility that is required by OSHA to have an MSDS for a substance and has:
10,000 lbs of that material
If the substance is an Extremely Hazardous Substance: 500 lbs or threshold planning quantity (TPQ) whichever is less
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
Retail Gasoline Stations
held completely in underground storage tanks (USTs) which are in compliance with all UST Regulations.
Category One Facilities
Category Two Facilities
Category Three Facilities
Category Four Facilities
Category Five Facilities