Midnight, December 2, 1984 - A Union Carbide Plant producing pesticide chemicals released a toxic cloud of methyl-isocyanate into the sleeping town of Bhopal, India. Thousands of people died immediately in their sleep and many thousands more are suffering long term effects. Considered the world’s greatest human caused chemical disaster – to date.
August 11, 1985 - A Union Carbide Plant in Institute, West Virginia leaked methylene chloride and aldicarb oxime, chemicals used to manufacture the pesticide Temik; six workers were injured, and more than a hundred residents were sent to the hospital. Luckily there were no deaths.
Governments must take action to prevent these occurrences. Governments must create laws so that private enterprises who are engaged in the manufacture, sale, or storage of toxic chemicals and/or extremely hazardous substances or chemicals would ensure the public’s knowledge of the presence of such substances.
How did the U.S. address the issue? On October 17, 1986 the U.S. established Public Law (PL) 99-499, the Superfund Amendment and Reauthorization Act (SARA Title III) also known as the Emergency Planning and Community Right-to-Know Act (EPCRA). PL 99-499 gave the U.S. public the right to: Know which toxic substances or chemicals are in their neighborhoods Know how bad the toxic substances or chemicals are Know how much stuff is there Know that there are emergency plans in place to deal with it PL 99-499 required that each state : Create a State Emergency Response Commission (SERC) Designate Emergency Planning Districts Appoint a Local Emergency Planning Committee (LEPC) for each district
How did Washington State Support Public Law 99-499? In April 17, 1987 Washington State created the Emergency Response Commission (SERC) under the provisions of RCW 38.52.050 and Chapter 118.40 Washington Administration Code. The SERC includes representatives from the following private, state and local organizations: Washington State Fire Chiefs Association Washington State Patrol Private Industry Local Emergency Management Military Department, Emergency Management Division Department of Ecology Department of Transportation Department of Health Local Emergency Planning Committee Tribe (added in 2005) Transportation Industry Department of Labor and Industry
What does the SERC do? Coordinates hazardous materials issues and carries out the mandate of EPCRA Coordinates the state’s hazardous materials emergency preparedness, response and community right-to-know program, including: The appointment of committees and working groups, as required Designating Local Emergency Planning Committees Receiving and recording appointments for LEPC memberships Today we have an LEPC in each county, the cities of Seattle and Kent, and the Emergency Services Coordinating Agency (ESCA) in SW Snohomish County. Reviewing local emergency response plans – Bob Isaman, (EMD), Ron Bowen (WSP), Sadie Whitener (ECY-EPCRA), Ken Back (DOH), Dave Byers (ECY-Response) Administering and coordinating responsibilities for SERC members in implementing the EPCRA program Establishing procedures for the receipt and management of hazardous material incidents – 24 hr duty officer system (EMD-SEOO) Providing access to all reports and plans, as required by EPCRA Coordinating with EPA on EPCRA enforcement
What do LEPC’s do? Generate, maintain and distribute a community plan for the management of hazardous materials incidents (Hazardous Materials Emergency Response Plan, or Emergency Support Function 10 - annex to the local Comprehensive Emergency Management Plan Work with and support training of local first responders Distribute information to interested parties regarding hazardous materials issues Receive reports of routine or emergency releases of potentially dangerous materials Require that facilities maintain and share Material Safety Data Sheets (MSDS) for their chemical inventories Facilitate Tier Two reporting, an EPCRA requirement placed on facilities having reportable quantities of hazardous materials
Who serves on an LEPC? State and Local Officials Law Enforcement Emergency Management Firefighting/EMS Hospital and Health Professionals Transportation Broadcast and Print Media Community Groups Owners and operators of facilities subject to Section 302(b) of EPCRA – Facilities having substances in excess of the Threshold Planning Quantity (TPQ) as identified in the List of Extremely Hazardous Substances (EHS), published November 1985 by the Administrator in Appendix A of the “Chemical Emergency Preparedness Interim Guidance”. EPA designates what the EHS’s are and adds or removes chemicals from the list periodically
What about Tribal Governments? Tribal governments have the same responsibilities as states. However, there are several options are available to Tribal governments in the implementation of the Emergency Planning & Community Right-to-Know Act. Those options are: A Tribe may choose to enter into cooperative agreements with another Tribe A Tribe may choose to enter into cooperative agreements with another Local Emergency Planning Committee A Tribe may choose to enter into cooperative agreements with a State within which its lands are located. If no cooperative agreement is developed and no Tribal Emergency Response Commission (TERC) is established, the Tribal chief executive officer operates as the TERC.
What do I do? Coordinate and participate in SERC activities Work closely with the Department of Ecology and other agencies in EPCRA activities Seek out and apply for funding to support Washington State’s Hazardous Materials Program Work closely with the Washington State Patrol (WSP) in providing training for hazmat first responders Participate in LEPC meetings Conduct the annual HAMMER Facility Training Conduct the annual LEPC-Tribal Conference
What do I do? Manage program-related funds : Fund 163, aka the Worker and Community Right-to-Know Fund Hazardous Materials Emergency Planning (HMEP) Grant Hazmat Emergency Management Performance Grant (EMPG) Provide grant funding in the form of contracts to : LEPC’s for qualified hazardous materials emergency planning activities Washington State Patrol (WSP for qualified hazardous materials responder training Office of the Superintendent of Public Instruction for qualified Hazmat emergency planning activities relating to schools Washington State Emergency Management Association Conference (WSEMA) Washington State Fire Chiefs Association (WSFCA)
How am I resourced? Fund 163 Worker and Community Right-to-Know Fund State fees imposed on businesses to enable management and oversight of the Employer Chemical Hazard Communication and EPCRA laws. Ecology is authorized by statute to use the funds. EMD is allotted a portion of the Worker and Community Right to-Know Fund to staff the following positions: 1 FTEHazmat/SERC/LEPC Program Manager.15 FTEAdmin Support - SERC Program (Vacant).25 FTEPublic Education Coordinator (Vacant).25 FTETraining Coordinator – HazMat Program.10 FTEAdmin Support – HazMat Program.20 FTEPlans Coordinator - SERC /LEPC Program
How am I resourced? Hazardous Materials Emergency Preparedness Grant (HMEP) $350,570 annual grant applied for and received from the U.S. Department of Transportation (FFY 2012) $265,188 is for training and is passed through (100%) to WSP, Office of the State Fire Marshal, who coordinates all hazmat training for public first responders. $85,382 is for planning and is passed through to LEPC’s and Tribes (who apply for funds)
Hazardous Materials Emergency Preparedness Grant (HMEP) contracts in place this year (FFY2011) LEPC/TribeProjectAward Chelan CountyShelter in Place Plan, Training and Exercise$6,900 Cowlitz CountyCommodity Flow Study$8,600 ESCARevision of Hazmat and WMD Emergency Response Plan and Snohomish County Hazmat Teams SOG’s $8,800 Grant CountyLEPC Hazardous Material Planning Calendar$8,000 Okanagan County ERP Revision$4,541 Pend Oreille County ESF 10 Update, First Responder Training and ESF 10 Exercise$6,880 Pierce CountyRegional Exercise and ESF 10 Update$8,000 Shoalwater TribeDevelop Shelter in Place Program$8,863 Stevens CountyJoint County/Tribe HIVA and Hazmat Annex$7,200 Walla Walla County Processing Tier II Reports; administering the LEPC program; revising the Hazard Identification and Vulnerability Analysis; revising ESF 10, Hazardous Materials Response Plan; maintaining Tier II facility location data; conducting a functional exercise; and developing a multi-jurisdictional evacuation plan. $9,000 WSPResponder Training257,322 Yakama NationExpand regional response team; update HIVA; develop TERC; update CEMP; conduct hazmat response assessment $9,000 Total Awarded ($353,784 from US DOT)$343,106
How am I resourced? Emergency Management Performance Grant (EMPG) $141,000 is an annual grant received from the EMPG Grant Manager in EMD The Hazmat EMPG Grant is used to fund: HAMMER Facility Workshop (Mar 30 – Apr 1, 2012) For first responders (volunteers) - Training, lodging and most meals are free LEPC/Tribal Conference (14-17 May, 2012) Two people per LEPC/Tribe, lodging and most meals are free Responder Training (WSP) Special School Projects through OSPI WSEMA Conference (partial) WSFCA (partial) Hazmat exercises