Oregon Local Emergency Planning Committees “Local Resources for Local Issues”

Presentation Agenda  Historical Context  EPCRA Law and LEPCs  The LEPC In Oregon, A New Model  Structure Recommendations  OSFM Support  Where We Go From Here

CERCLA Established Comprehensive Environmental Response Compensation and Liability Act (CERCLA) –Also known as “Superfund” –Creates fee on Chemical Manufacturers –Intended for cleanup of abandoned sites –Requires notification of release –Liability for the release –Enhanced EPA authority

Catastrophic Events December 3, Bhopal India December 3, Bhopal India –40 tons of Methyl Isocyanate Leak from Union Carbide pesticide facility –Over 3,800 die –Over 11,000 disabled

Catastrophic Events August 11, Institute West Virginia August 11, Institute West Virginia –Similar leak of Adicarb Oxime –No deaths, several hundred injured

EPCRA Established 1986 – CERCLA Amended 1986 – CERCLA Amended –Superfund Amendment & Reauthorization Act (SARA Title III) Reauthorized fee on chemical manufacturersReauthorized fee on chemical manufacturers Increased state involvementIncreased state involvement Increased enforcement authorityIncreased enforcement authority Establishes Emergency Planning Establishes Emergency Planning & Community Right to Know Act & Community Right to Know Act (EPCRA) (EPCRA)

EPCRA Goals EPCRA has two main goals EPCRA has two main goals –Require and support emergency planning for chemical releases –Provide local government and citizens with information about hazardous substances in their communities Goals achieved through four major provisions Goals achieved through four major provisions

EPCRA Provisions Emergency Planning (Sections ) Emergency Planning (Sections ) Emergency release notification (Section 304) Emergency release notification (Section 304) Chemical storage reporting requirements (Sections ) Chemical storage reporting requirements (Sections ) Toxic chemical release inventory (Section 313) Toxic chemical release inventory (Section 313)

EPCRA Section 301 Establish State Emergency Response Commission (SERC) Establish State Emergency Response Commission (SERC) Designate Local Emergency Planning Districts Designate Local Emergency Planning Districts Appoint Local Emergency Planning Committee (LEPC) for each district Appoint Local Emergency Planning Committee (LEPC) for each district Planning District LEPC SERC Planning District

EPCRA Section 301  Required disciplines on an LEPC –Emergency Responders (police, fire, etc.) –Emergency Management –Hospital / emergency medical –Industry –Elected officials –Broadcast/print media –Academia –Public Works –Transportation –Environmental Groups –Public

EPCRA Section 302 EPA designates 356 substances as EPA designates 356 substances as Extremely Hazardous Substances (EHS) Sets a Threshold Planning Quantity (TPQ) for each substance Sets a Threshold Planning Quantity (TPQ) for each substance Sets requirements for facilities possessing a TPQ of EHS Sets requirements for facilities possessing a TPQ of EHS –Must notify SERC / LEPC –Must participate with LEPC

EPCRA Section 302 TITLE 42 > CHAPTER 116 > SUBCHAPTER I > § (d) Providing of information For each facility subject to the requirements of this subchapter: (1)Within 30 days after establishment of a local emergency planning committee for the emergency planning district in which such facility is located, or within 11 months after October 17, 1986, whichever is earlier, the owner or operator of the facility shall notify the emergency planning committee (or the Governor if there is no committee) of a facility representative who will participate in the emergency planning process as a facility emergency coordinator. et.seq

EPCRA Section 303 Development of community emergency response plans Development of community emergency response plans Must include the 9 planning elements Must include the 9 planning elements Focused on, but not limited to, Focused on, but not limited to, facilities with EHS

EPCRA Section 303 The 9-Planning Elements 1.Identify facilities and transport routes of extremely hazardous substances within the planning district 2.Describe onsite and offsite emergency response procedures 3.Designate a community emergency coordinator and a facility coordinator 4.Outline emergency notification procedures

EPCRA Section Methods for determining the occurrence of a release, and the areas that will be affected 6.Description of emergency equipment at each facility subject to these requirements 7.Description of evacuation plans 8.A training program for emergency responders 9.Methods and schedules for exercising the emergency plan

EPCRA Section 304 Emergency Release Reporting Provides for timely notification of releases to appropriate entities Provides for timely notification of releases to appropriate entities Facilities must notify the SERC and LEPC about release of a reportable quantity (RQ) of a regulated substance Facilities must notify the SERC and LEPC about release of a reportable quantity (RQ) of a regulated substance –Immediate initial notification (within 15 minutes) –Written follow-up notification (within 2 weeks) Notification to the National Response Center (NRC) also required Notification to the National Response Center (NRC) also required

EPCRA Section 304 Initial Notification (15 minutes)  Chemical name  Whether it was an Extremely Hazardous Substance  Approximate quantity released  Time and duration of release  Medium it was released into (soil, water, air)  Acute/Chronic health risks  Precautions to be taken (evacuation/shelter-in-place)  Name and telephone number of a contact person

EPCRA Section 304 Written Follow-up (Within 2 Weeks)  Updates the initial notification information  In addition, it includes the following:  Actions taken to respond to and contain the release  Any known or anticipated acute/chronic health risks associated with the release  Advice regarding medical attention necessary for exposed individuals

Sections 311, 312 & 313 Section 311 / MSDS Chemical List Reporting Section 311 / MSDS Chemical List Reporting –Requires facilities to submit an MSDS for all Extremely Hazardous Substances Section 312 / HazMat Inventory Reporting Section 312 / HazMat Inventory Reporting –In Oregon, facilities comply with EPCRA 311/312 by completing the Hazardous Substance Information Survey Section 313 / Toxic Release Inventory Reporting Section 313 / Toxic Release Inventory Reporting –Must submit an annual toxic chemical release report (Form R) by July 1 of each year to: EPAEPA Designated State AgencyDesignated State Agency

Oregon’s Previous LEPC System  Section 301 (1985 – 2006) –Interagency Hazard Communication Council Assigned SERC responsibilitiesAssigned SERC responsibilities Designated entire state as Planning DistrictDesignated entire state as Planning District Developed single “state-wide” LEPCDeveloped single “state-wide” LEPC –2007 – IHCC legislatively abolished SERC responsibilities assigned to SFMSERC responsibilities assigned to SFM SFM directs LEPC’s to be localized, updated and direct support providedSFM directs LEPC’s to be localized, updated and direct support provided

The New Oregon LEPC  Addresses minimum federal requirements  Chairperson Vice-Chair optional but recommended Vice-Chair optional but recommended  Information Coordinator (emergency coordinator) Records management / integrity Records management / integrity  By-Laws  Identification of Planning District Planning District (Determined locally)

The Oregon LEPC  LEPC Emergency Plan (not required) Community Capability Assessment Process (CCAP) (required) Community Capability Assessment Process (CCAP) (required) a)Plan review between the facility and first responder b)Validates Planning Elements are addressed c)Identifies gaps between plans d)Facilitates mutually agreeable solutions to fill gaps e)Sets timelines for addressing gaps Can also be performed at community and county level Can also be performed at community and county level

The Oregon LEPC  Resource Assessments Assessment of needs, as well as capabilities Assessment of needs, as well as capabilities a)Identifies equipment and/or training deficiencies among emergency response community b)Identifies additional resource availability c)Training needs included in LEPC business plan d)Equipment needs documented for justification of local requests for support or funding e)Resource list can assist during major incidents

The Oregon LEPC  Public Outreach / Education Identify areas of the community at risk Identify areas of the community at risk Develop message based on hazard Develop message based on hazard Coordinate public outreach Coordinate public outreach Provide information to public Provide information to public Respond to questions Respond to questions

The Oregon LEPC Can be tailored to meet other requirements Can be tailored to meet other requirements –Called the “All-Hazard Option” –Coordinated independently from EPCRA –Autonomy from state level authority –Tailoring based on local priorities

The Oregon LEPC  Potential benefits of the “All-Hazard” Option Most emergency response organizations included Most emergency response organizations included Larger number of resources to call upon for input, guidance and assistance with local priorities Larger number of resources to call upon for input, guidance and assistance with local priorities Seamless / simplified information dissemination Seamless / simplified information dissemination Meeting consolidation Meeting consolidation Improved attendance Improved attendance Dedicated staffing for priority projects Dedicated staffing for priority projects Elimination of redundancies Elimination of redundancies

Structure Recommendations  Subcommittee or Workgroup structure Identify the priorities Identify the priorities Identify individuals with expertise or desire Identify individuals with expertise or desire Develop sub-committee exclusive to topic Develop sub-committee exclusive to topic Sub-committee members focus on single task Sub-committee members focus on single task An hour a week?An hour a week? All sub-committees report progress to full body All sub-committees report progress to full body Entire LEPC membership updated on all priorities Entire LEPC membership updated on all priorities

LEPC Executive Sub-Committee Public Outreach Sub-Committee EHS Planning Sub-Committee Resource Assessment Sub-Committee All-Hazard Option Sub-Committee #1 Membership Sub-Committee

LEPC EHS Planning Sub-Committee Executive Sub-committee Public Outreach? Resource Assessment? EHS Planning Sub-Committee EHS Planning Sub-Committee EHS Planning Sub-Committee EHS Planning Sub-Committee EHS Planning Sub-Committee

Support From the OSFM LEPC development assistance LEPC development assistance Training Training EPCRAEPCRA Plan EvaluationsPlan Evaluations Hazardous Substance Information SystemHazardous Substance Information System Reporting requirementsReporting requirements First Responder (HazMat related)First Responder (HazMat related) Grant funding Grant funding Training and promotional materials for public Training and promotional materials for public Information Clearinghouse Information Clearinghouse Communications conduit to state and federal Communications conduit to state and federal

Where We Go From Here  EHS (Extremely Hazardous Substance) Facilities Review your most current Hazardous Substance Information Survey Review your most current Hazardous Substance Information Survey Ensure your facility has a Threshold Planning Quantity (TPQ) of EHS, which subjects your facility to the requirements of EPCRA Ensure your facility has a Threshold Planning Quantity (TPQ) of EHS, which subjects your facility to the requirements of EPCRA If you find you have misreported and do not have a TPQ of EHS, notify the Office of State Fire Marshal immediately If you find you have misreported and do not have a TPQ of EHS, notify the Office of State Fire Marshal immediately Review your Emergency Operations Plan and confirm it is current and complete Review your Emergency Operations Plan and confirm it is current and complete Your plan will be evaluated with the fire department, so be sure it is the plan you want to use for that evaluation Your plan will be evaluated with the fire department, so be sure it is the plan you want to use for that evaluation

Where We Go From Here  Fire Departments Review the facility to fire department break out Review the facility to fire department break out This document identifies the individual fire stations and the EHS facilities that are within their response area This document identifies the individual fire stations and the EHS facilities that are within their response area This document needs to be validated locally, to ensure it correctly identifies which station responds to a certain facility This document needs to be validated locally, to ensure it correctly identifies which station responds to a certain facility Based on the state proposal, if accepted, this would establish the EHS Planning Sub-Committees Based on the state proposal, if accepted, this would establish the EHS Planning Sub-Committees The OSFM PATA personnel are available to work with the fire departments to validate this information The OSFM PATA personnel are available to work with the fire departments to validate this information If you did not receive this document at the Orientation Meeting, please contact our office for a copy and assistance If you did not receive this document at the Orientation Meeting, please contact our office for a copy and assistance

Where We Go From Here  Emergency Management coordinate with OSFM The LEPC(s) need a governing body The LEPC(s) need a governing body This would be the “Executive Sub-Committee” This would be the “Executive Sub-Committee” Provide LEPC Committee managementProvide LEPC Committee management Provide information coordinationProvide information coordination Conduit between other sub-committees and State level resourcesConduit between other sub-committees and State level resources Would maintain federally mandated componentsWould maintain federally mandated components Chair Chair Information Coordinator Information Coordinator By-Laws maintenance By-Laws maintenance Would also;Would also; Promote/facilitate local communications Promote/facilitate local communications Facilitate public outreach activities Facilitate public outreach activities Provide representative to the SERC Advisory Board Provide representative to the SERC Advisory Board

Where We Go From Here  Emergency Management (Cont.) The LEPC(s) need jurisdictional boundaries The LEPC(s) need jurisdictional boundaries (The Planning District)(The Planning District) Are there any existing boundaries that would make manageable and logical Planning District Boundaries? Are there any existing boundaries that would make manageable and logical Planning District Boundaries? If so, do these boundaries provide for manageable LEPC coordination? If so, do these boundaries provide for manageable LEPC coordination? Do the boundaries provide for clearly delineated lines of authority? Do the boundaries provide for clearly delineated lines of authority? Are there underlying issues with developing multiple LEPC Planning Districts Are there underlying issues with developing multiple LEPC Planning Districts

Where We Go From Here  All Participants Begin reading up on EPCRA to help build an understanding of what your role is Begin reading up on EPCRA to help build an understanding of what your role is Review the OSFM / LEPC Web site to see the tools and services available and what other LEPCs in the state are doing Review the OSFM / LEPC Web site to see the tools and services available and what other LEPCs in the state are doing The State Fire Marshal Web Site The State Fire Marshal Web Site The State LEPC Web Site The State LEPC Web Site _Committees.shtmlhttp:// _Committees.shtml

Where We Go From Here  All Participants (Cont.) Discuss/Review OSFM recommendations Discuss/Review OSFM recommendations Discuss any local ideas for development Discuss any local ideas for development Everyone that was invited to the first meeting will be invited to a 2 nd meeting to review the results of these discussions mentioned earlier Everyone that was invited to the first meeting will be invited to a 2 nd meeting to review the results of these discussions mentioned earlier Attend 2 nd Meeting to finalize structure Attend 2 nd Meeting to finalize structure A 3 rd meeting will be scheduled, only if necessary A 3 rd meeting will be scheduled, only if necessary

Planning & Training Assistance Staff Terry Wolfe - PATA Program Coordinator (503) Bill Brauer - Community Planning Coordinator (503) Krista Fischer - Community Planning Coordinator (503) “Creating opportunities for improvement in preparedness and response”