December 2, 9:30am

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1 Page 1 of 44 S o u t h w e s t F l o r i d a L o c a l E m e r g e n c y P l a n n i n g C o m m i t t e e M E E T I N G A G E N D A Note Change in Meeting Location December 2, 9:30am Lee County Emergency Management 2675 Ortiz Avenue Sitroom Fort Myers, FL 1. Invocation 2. Call To Order And Introductions Chair Bruce Porter 3. Pledge Of Allegiance ACTION ITEMS/OLD BUSINESS 4. Minutes Of The June 2, 2016 Meeting Chair Bruce Porter Page 5 ADMINISTRATIVE ISSUES 5. Southwest Florida LEPC Comprehensive Emergency Management Plan 2017 Update - Nichole Gwinnett, LEPC Staff Page th Annual HazMat Symposium (January 17-19, 2017 in Daytona Beach, FL) - Nichole Gwinnett, LEPC Staff Page LEPC Membership Certificates of Appreciation- Nichole Gwinnett, LEPC Staff Page 19 INFORMATION ITEMS 8. Southwest Florida LEPC Contingency Funds & Shirt Logo Order Information Nichole Gwinnett, LEPC Staff Page FY16-17 HMEP Planning Project HazMat Plan for Hendry County - Nichole Gwinnett, LEPC Staff Page 25 REPORTS 10. Southwest Florida LEPC Training Subcommittee Report Matt Marshall, LEPC Training Chair 11. Tier II Reporting & EPlan Update Matt Marshall, LEPC Training Chair 12. SERC Hazard Analysis Work Group Update - Nichole Gwinnett, LEPC Staff - Identification of Potential Supplemental Environmental Projects for Consideration in Southwest Florida Update 13. Florida Division of Emergency Management (FDEM) Training 14. Florida State Emergency Response Commission (SERC) Meeting Update Nichole Gwinnett, LEPC Staff Page 28

2 Page 2 of 44 - SERC Meeting Summary Page 37 - Hazardous Materials Incidents in Southwest Florida Page Florida SERC Training Task Force Update Matt Marshall, LEPC Training Chair Member Comments Public Comment Next Meeting Date & Time: February 23, 9:30 a.m. Adjournment NOTE: The HazMat Leaders will be meeting immediately following the LEPC meeting.

3 Page 3 of 44 Agenda Item ACTION ITEMS/OLD BUSINESS

4 Page 4 of 44 Agenda Item 4 4 MINUTES 4 4

5 Page 5 of 44 SOUTHWEST FLORIDA LOCAL EMERGENCY PLANNING COMMITTEE Meeting Minutes of August 25, 2016 The Southwest Florida Local Emergency Planning Committee (LEPC) met in Fort Myers at the Southwest Florida Regional Planning Council on 1400 Colonial Boulevard, Suite 1. The following primary and alternate members were present during the proceedings which began at 9:30 a.m. LEPC Members Present Chief Paul Anderson, Immokalee Fire Control District Captain Mark Calderini, Sarasota County Fire Department Lina Cerquera, FDEP Debbie Duff, Sarasota Memorial Health Care System Chief Ed Dwyer, Estero Fire Rescue Dist. Lindsay Harrell, Lee County Emergency Management Mike Jaquette, Cheney Bros. Todd Kerkering, City of Sarasota Police Department Elizabeth McMasters, FGCU (Alt.) Matt Marshall, Cape Coral Fire Department LEPC Training Chair Bruce Porter, Retired Law Enforcement - LEPC Chairman Kimberly Rider, Enterprise Group Sgt. Kenrick Roguska, Charlotte County Sheriff s Office Wayne Sallade, Charlotte County EOC Dawn Thomas, Lee Memorial Health System (Alt.) Bruce Weinstein, Environmental Consultant Teresa Zilko, Lee County Utilities Others Present Nichole Gwinnett, Southwest Florida Regional Planning Council LEPC Staff Matt Currie, US Dept. of Homeland Security Doug Wolfe, Response Technologies Corp. Thomas Tomlins, Iona McGregor Fire District David Massey, Lee County Emergency Management Patrick Fuller, FDEM Tami Holliday, US Senator Bill Nelson s Office The following members had requested to be excused from the June 2, 2016 meeting: Connie Bowles, Lee Memorial Health System Tami Kittle, Cape Coral Fire Department Ken Treffinger, Sarasota County Fire Department SWF LEPC August 25, 2016 Meeting Minutes Page 1

6 Page 6 of 44 AGENDA ITEM #1 CALL TO ORDER Chairman Porter called the meeting to order at 9:30 a.m. Following the opening of the meeting, the Pledge of Allegiance was recited. Ms. Gwinnett requested that everyone sign in on the sign-in sheet. AGENDA ITEM #4 Minutes of the June 2, 2015 Meeting Chairman Porter entertained a motion to accept the draft LEPC meeting minutes of June 2, Ms. Zilko noted that on pages 1 & 4 of the minutes her name is listed as Miller and not Zilko. She requested that those changes be made. A motion was made by Ms. Harrell to approve the minutes of the June 2, 2015 LEPC meeting as amended and was seconded by Ms. Zilko. The motion passed unanimously. Ms. Gwinnett presented the item. AGENDA ITEM #5 SWF LEPC Membership A motion was made by Mr. Kerkering to approve the membership nominations as presented and was seconded by Mr. Roguska. The motion passed unanimously. Mr. Currie clarified that representatives of the Homeland Security would be considered non-voting members on the LEPC. He explained that DHS is trying to have more continuity with local emergency planners. AGENDA ITEM #6 Biennial Chair & Vice-Chair Nominations Ms. Gwinnett presented the item. Mr. Marshall stated that he could not accept the nomination for Chair or Vice-Chair. Chief Dwyer stated that he also declines the nomination for Chair. Mr. Weinstein also declined his nomination for Vice-Chair. A motion was made by Ms. Zilko to nominate Bruce Porter for Chair and was seconded by Mr. Marshall. The motion carried unanimously. A motion was made by Ms. Cerquera to nominate Ms. Zilko for Vice-Chair and was seconded by Ms. Harrell. The motion carried unanimously. Both Mr. Porter and Ms. Zilko accepted the nominations. SWF LEPC August 25, 2016 Meeting Minutes Page 2

7 Page 7 of 44 AGENDA ITEM #7 Operation Imokylene Tabletop Exercise Presentation Mr. Doug Wolfe of Response Technologies Corp. gave a presentation on the Operation Imokylene Tabletop Exercise held on June 22. He also distributed the draft After Action Report. Mr. Wolfe noted that during the exercise none of the participants referenced an Emergency Response Guide (ERG); they tended to refer to the National Institute for Occupational Safety and Health (NIOSH) pocket guide first, without going back to the basics. AGENDA ITEM #8 Chemical Facility Anti-Terrorism Standards (CFATS) Presentation Mr. Matt Currie from US Department of Homeland Security gave a presentation on Chemical Facility Anti-Terrorism Standards (CFATS). He explained that DHS wants to make sure the community is aware of what DHS can provide. Chair Porter asked Mr. Currie if DHS had anything to do with the proposed LNG at ports or are they handled by MTSA. Mr. Currie explained that the actual offloading of LNG would fall under MTSA under Rule 124; where MSTA s legal jurisdiction is to the first valve to the second container. It goes through a pipeline up to a valve and whatever the containment area is that holds the tank will fall under MTSA. Once it is pushed to another facility, that facility has the option of extending their boundaries to include the other tank or they fall under DHS. This is where DHS is working in conjunction with the US Coast Guard because if it is liquids and gases it falls under the first valve secondary container. If there are solids within both containers there is a different rule. That rule would apply once the solid leaves the security of the area of offloading. Chair Porter asked Mr. Currie if DHS covers pipelines. Mr. Currie explained that DHS is currently changing two definitions within the Rule. One of them is going to contain the definition of bulk and the second will contain the definition of commercial packaging. So when you remove those it is not the question of whether or not it is in bulk, i.e. example of ammonium nitrate. Many facilities receive ammonium nitrate in 50 lb. bags and then they pour them into hopper, which then falls under bulk ; which at this time DHS can t regulate it and that is why DHS is in the process of changing their Rule. Mr. Currie explained for pipelines, DHS looks at the MTSA Rule. If the pipeline goes under a building then DHS does not regulate it; however, DHS does regulate underground tanks. It would depend on how it is described within the facility. For example, for natural gas there are facilities within the program because they have pumping stations, but the actual pipeline does not get regulated by DHS. Chief Anderson asked Mr. Currie if he had visited any of the farms out in Immokalee. Mr. Currie replied that he had been to a couple of farms in Immokalee. DHS can only inspect what they know is out there. SWF LEPC August 25, 2016 Meeting Minutes Page 3

8 Page 8 of 44 AGENDA ITEM #9 SWF LEPC Contingency Funds & Shirt Logo Order Information Ms. Gwinnett stated the item was for general information. AGENDA ITEM #10 FY16-17 Meeting Dates & Events Ms. Gwinnett presented the item. She announced that Ms. Harrell had suggested holding the future LEPC meetings at Lee County Emergency Management and the room has been reserved for the upcoming meetings. Ms. Harrell explained that she felt it would be easier for presentations and the room is a little bit bigger. A motion was made by Mr. Marshall to approve the LEPC s meeting dates for FY16-17 as presented and was seconded by Mr. Weinstein. The motion carried unanimously. Ms. Gwinnett presented the item. AGENDA ITEM #11 Thomas Yatabe Award Nominations Chair Porter stated that if anyone would like to award anyone with Certificates of Appreciation to please send Ms. Gwinnett their name(s) and a reason why you are recommending the award to that particular person. AGENDA ITEM #12 Southwest Florida LEPC Training Subcommittee Report Training Chair, Matt Marshall presented the item. He noted that at this time the LEPC had not received approval for next year s training budget or the proposed classes. The new fiscal year begins on October 1. He also noted that the HMEP funds to the State of Florida had been reduced. USDOT came out with a new formula where the more hazardous material accidents that occur within a State the more funding you would receive. As a result, both North and South Dakota received the bulk of the funds. Our argument was that we train so accidents don t occur, as result of the funding being reduced there will be less training and more accidents. Training Chair Marshall announced that a training class was held at the beginning of the month for propane emergencies. The training covered 3 days and had attendees. There will be an Incident Command class held in September at San Carlos Fire Department. He noted that there were two different types of bids received, one was based on a 16 hour course based off of NFPA and OSHA and also a 40hr class bid was received. San Carlos Fire Chief Sieber recommended choosing the 16hr course based upon a short turn around instead of having attendees trying to take a week off from work. SWF LEPC August 25, 2016 Meeting Minutes Page 4

9 Page 9 of 44 Mr. Marshall asked for the LEPC s recommendation. He noted that a bid was received to hold a 2 day class in one location and a second class in another location at a discounted rate. The 40hr class is based off NFPA National Fire Academy class conducted in Emmetsburg Maryland and the two day course is based off of the competency set forth in OSHA and NFPA. Both classes have classroom time and practical evolution time. Mr. Kerkering suggested hosting the two session course; one could be held in San Carlos and the other maybe in Charlotte County. It is very difficult for people to get a week off from work. A motion was made by Mr. Kerkering to recommend hosting the two 16hr courses; one in San Carlos and the second in Charlotte County. Ms. Zilko seconded the motion and passed unanimously. Ms. Gwinnett announced the LEPC also hosted a 24hr Hazwoper class at the end of July. Sgt. Roguska stated that Charlotte County Sheriff s Office would be happy to provide a location for the IC class. Mr. Marshall announced that the LEPC had purchased a HazMat equipment trailer and it is scheduled to be delivered next week. All of the props will be set up in the trailer and they will also be etched with the LEPC s insignia, colored coated, pictures laminated and placed on the wall so everyone will be aware of what equipment is in the trailer and how it is going to be stored in the trailer. He said he planned on bringing the trailer to the December meeting, unless it is being used for training. The trailer and props will be stored at Bonita Springs Fire Control & Rescue; so if anyone wishes to use any of the equipment they must contact either him or Chief DeWitt. AGENDA ITEM #13 Tier II Report & EPlan Update Training Chair, Matt Marshall presented the item. He noted there was discussion at the last SERC meeting about possibly adding State only fields, where last year it was done for transportation on when chemicals are transported and how they are transported. He expects to have a discussion at the next SERC meeting in October where he will then bring that information back to the LEPC at their December meeting. This year there isn t any updates from the Feds for the Tier II report. Discussion ensued regarding facilities not being in compliance. Ms. Harrell stated that Lee County is having issues with facilities not being in compliance and there is nothing that Lee County can do to hold them accountable so they are now trying to go through the Fire Marshall. Mr. Marshall stated that one caveat with not being in compliance is that EPA had stated that a facility would receive one get out jail free card. A facility has one shot, if a facility is told that they are not in compliance and they don t file then they would be fined. Chair Porter asked Mr. Currie what the CFATS policy was for not being in compliance. Mr. Currie explained that DHS has an enforcement process and it could result up to $25,000 per day per infraction. If it is perceived as a serious violation and where there is a potential for loss or threat to life then DHS could submit a cease and desist. Mr. Marshall asked Mr. Currie when DHS does fine a facility, can that fine go back to the locals SWF LEPC August 25, 2016 Meeting Minutes Page 5

10 Page 10 of 44 for projects. Mr. Currie said that the funds from the fines go back to the Feds. He explained that DHS began enforcement processes in January 2016 and those first four facilities settled on between $17,000 to $100,000. There are approximately 90 facilities that DHS is taking enforcement action upon. AGENDA ITEM #14 SERC Hazard Analysis Work Group Update Ms. Gwinnett presented the item. Training Chair Matt Marshall stated with the Supplemental Environmental Projects (SEPs); if a local jurisdiction knows of a project and/or equipment that is needed and would fall under the criteria for an SEP to please submit them, because DEM is vetting those projects before a fine actually comes in. This way when a fine does come in there is a project ready to go. AGENDA ITEM #15 Florida DEM Training Ms. Gwinnett presented the item; she explained that on the State s website there is the calendar of events and trainings that are available. AGENDA ITEM #16 Florida SERC Meeting Update Training Chair Matt Marshall presented the item. He explained that since Ms. Gwinnett was on medical leave and unable to attend the July LEPC Chairs meeting, he sat in for her along with Chair Porter. One of the items discussed was the HazMat Team Assessment; where the State of Florida, under a DHS grant, conducts self-assessments. The State funded teams perform their own self-assessments (Sarasota, Fort Myers, Charlotte County and Collier County) each year and submits a self-assessment of their capabilities, equipment, etc. He explained it was determined there were 27 State recognized teams under DHS grant funding, plus other teams which are not necessarily grant funded that could also be assessed. As a result, it was suggested to go to the LEPCs and inform them that their local jurisdiction has HazMat Teams, where you would want to know their capability assessment, equipment, training, etc. is based off of the SERC capabilities. The discussion was to bring it from the State level down to the local level and ask the LEPCs if they would be willing to assess their HazMat Teams within their local jurisdiction. He said he felt it would be a great opportunity for the LEPCs to be involved so they could see the capabilities of their local HazMat Teams. He noted that the City of Cape Coral s HazMat Team hasn t had an assessment done since He suggested conducting one or two HazMat Team assessments per year. LEPC members and other HazMat Team members could go to the HazMat Teams and perform the capabilities check-off. SWF LEPC August 25, 2016 Meeting Minutes Page 6

11 Page 11 of 44 Ms. Harrell requested that the Emergency Management Offices be kept involved because they would like to incorporate that information into their CEMPs. Mr. Marshall said that was one of reasons for the discussion; because the City of Fort Myers HazMat Team is the only one that is State funded; however, there are other city HazMat Teams throughout the region that have capabilities, i.e., Cape Coral, Bonita Springs, Iona, Estero, etc. Mr. Wolfe stated that his firm is actually working with the State of Missouri to update their capabilities assessment. One of the items being added to the capabilities assessment is the required update to NFPA 475. NFPA 475 should receive final approval at the NFPA meeting in the fall. AGENDA ITEM #17 Florida SERC Training Task Force (TTF) Update Training Chair, Matt Marshall presented the item. The HazMat specific Field Operation Guide was approved at the TTF to be pushed forward to the SERC for their approval at their October meeting. A couple of the new items within the guide are phone numbers, who to call and when to call. The foam appendix has been updated with easier foam calculations. MEMBERS COMMENTS Mr. Sallade announced that the December 2 LEPC meeting will be his last meeting after 20+ years. He was a charter member of the SWF LEPC and he will miss it. He will be retiring in February and moving to Colorado in late March. Ms. Cerquera referred to the HazMat Incident spreadsheet and stated that DEP is now being required to update their records at the State watch Office. She uses the LEPC s spreadsheet and requested that the status of the incident be included on the spreadsheet. No public comments were given at this time. PUBLIC COMMENTS ADJOURNMENT Ms. Gwinnett announced that the next meeting was scheduled for December 2, 2016 at 9:30 a.m. at Lee County EOC, 2675 Ortiz Avenue Fort Myers. There being no further business, the meeting was declared adjourned at 11:15 a.m. by Chairman Porter. Chairman Bruce Porter Approval Date SWF LEPC August 25, 2016 Meeting Minutes Page 7

12 Page 12 of 44 The meeting was duly advertised in the August 4, 2016 issue of the FLORIDA ADMINISTRATIVE REGISTER, Volume 42, Number 151. SWF LEPC August 25, 2016 Meeting Minutes Page 8

13 Page 13 of 44 Agenda Item ADMINISTRATIVE ISSUES

14 Page 14 of 44 Agenda Item 5 5 Southwest Florida LEPC 2017 HazMat Plan Update 5 5

15 Page 15 of 44 Agenda Item #6 12/2/ LEPC Hazardous Materials Emergency Response Plan Update In accordance the FY16-17 LEPC Agreement with DEM the LEPC is required to prepare and update the LEPC Hazardous Materials Emergency Response Plan. The LEPC shall include and address each of the planning provisions outlined in Section 303(c) of EPCRA and also consist of the following: 1. Identification of facilities, within the counties, in the district that are subject to the requirements of Section 302 of EPCRA. 2. Hazardous and Vulnerability Analyses of the chemical covered under Section 302 of EPCRA consistent with Section 303 of EPCRA, and the provisions of NRT-1 and Technical Guidance for Hazard Analysis. 3. A Risk Analysis of the chemical covered under Section 302 of EPCRA, consistent with Section 303 of EPCRA, and with the provisions of NRT-1 and Technical Guidance for Hazards Analysis. 4. The plan should include a complete listing of sites for which Hazards, Vulnerability and Risk Analyses have been performed. This listing must include at a minimum, facility name, facility physical address and the county where the facility is located. Staff is requesting assistance from the LEPC members and community. The 2016 LEPC HazMat Plan is available on the LEPC s webpage at 1 P a g e

16 Page 16 of 44 Agenda Item th Annual HazMat Symposium 6

17 Page 17 of 44 5 th ANNUAL HAZMAT SYMPOSIUM The 5 th Annual HazMat Symposium has been scheduled for January 17-20, 2017 in Daytona Beach at The Plaza Resort & Spa. LEPC Staff had sent out the Attendance Request form to all of the LEPC members and asked if anyone wanted to attend the HazMat Symposium to fill out the attendance request form with the recommendation to return the completed form only if there was a confirmation of attendance. As recently approved by the LEPC, the LEPC would be paying for the attendee s hotel and symposium registration. The deadline for the submittal of the Attendance Request was November 14. Once the registration materials become available, the LEPC Coordinator will send out the information to those who completed the Attendance Request form.

18 Page 18 of 44 Agenda Item 7 7 LEPC Membership Certificates of Appreciation 7 7

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21 Page 21 of 44 Agenda Item INFORMATION ITEMS

22 Page 22 of 44 Agenda Item 8 8 LEPC Contingency Fund & Shirts 8 8

23 Page 23 of 44 SOUTHWEST FLORIDA LEPC Shirt Order Form White T-Shirt.$14.00 Tan T-Shirt..$16.00 Outer Banks Polo Shirt $30.00 (Any Color) Customer s Own.. $14.00 (Bring your own shirt in to be embroidered) White T-Shirt: S M L XL 2XL* 3XL* 4XL* 5XL* 6XL* Tan T-shirt: S M L XL 2XL* 3XL* 4XL* 5XL* 6XL* Outer Banks Polo Shirt: S M L XL 2XL* 3XL* 4XL* 5XL* 6XL* Please specify color (tan or white): *2XL-3XL add an additional $2.00 *4XL-6XL add an additional $5.00 Please mail or fax your orders and payment information to: Renegades Sportswear C/o Jeanne Findley Jean Street Fort Myers, FL Phone: Fax: Name Address Phone: Payment: Cash Check Visa Mastercard Card Number: Exp.: All orders should include an additional 6% for taxes.

24 Page 24 of 44 Agenda Item 9 9 FY16-17 HMEP Planning Project HazMat Plan for Hendry County 9

25 Page 25 of 44 HMEP PLANNING PROJECT FOR FY 16/17 HazMat Plan for Hendry County At its February 2016 meeting, the SWF LEPC chose Option #3 to prepare a HazMat Area Plan for Hendry County. Option #3 - Prepare a HazMat Area Plan for counties served by volunteer Fire Departments and seasonal USFS paid staff none of which operate a team trained or equipped to control a HazMat emergency. Coordination with outside HazMat resources is a critical aspect of pre-planning effort. Objectives include: Identify administrative procedures; integrate information from Business Plans and Risk Management Plans; describe personnel training, recordkeeping, and drills; describe current available response supplies and equipment; describe emergency preparedness and response procedures; identify high hazard transportation routes with emphasis on liquid flammable cargo. Staff will begin the process with preparing an RFP and publishing it in the Florida Administrative Register at the beginning of the new year. The plan will need to be reviewed and approved by the Committee and sent to DEM for their review and approval by early September 2017.

26 Page 26 of 44 Agenda Item REPORTS

27 Page 27 of 44 Agenda Item SERC Hazard Analysis Work Group Update 12 12

28 Page 28 of 44 Florida Supplemental Environmental Project How to Guide LEPC Key Points concerning SEPs: LEPC s through their board members, should provide outreach to facilities to ensure they are aware of the option to fund a SEP o Contact the facility upon notification of possible Federal EPA interaction o Ensure the facility understands the decision is ultimately up to them o The Federal EPA may accept or deny the SEP, we are only there to assist in the process If accepted by the Federal EPA, the facility can direct penalty funds by submitting a SEP to the local community, instead of the US Treasury. Essentially, only a Pollution Prevention SEP (one that eliminates or dramatically reduces the potential pollution; like changing the process at a facility to no longer use the chemicals of concern) will give a facility a dollar for dollar mitigation. o The original monetary fine may be mitigated down to 25% o Up to 75% of the remainder will be the SEP o Final determination will be made by the Federal EPA LEPC s through their board members, should research response agencies in their area of responsibility that might benefit from an SEP in accordance with EPA guidelines o Contact Local Responders o Fire Department and Haz-Mat units o Police and Sheriff Departments o City/county responding agencies o City water/waste water departments Remember there should be a relationship between the facility chemical release and the SEP o Consider all factors of the chemical release o Identify how the SEP might better enhance public safety o Facility preparedness o Emergency Response o Transportation & Evacuation o Shelter in place, local school etc. Consider multiple SEP Budgets o Plan for a High, Medium and Low budget costs o Based upon severity of release o Prior fines from other Regions

29 Page 29 of 44 A Supplemental Environmental Project (SEP) is an environmentally beneficial project that a respondent agrees to undertake as part of an enforcement action settlement. A SEP must improve, restore, protect, or reduce risks to the public and or the environment, with focus on ensuring first responders are prepared and aware of the chemicals stored at the facility. Characteristics of SEPs Because SEPs are part of an enforcement settlement, they must meet certain legal requirements. There must be a relationship between the underlying violation and the human health or environmental benefits that will result from the SEP. A SEP must improve, protect, or reduce risks to public health or the environment. The SEP must be undertaken in settlement of an enforcement action as a project that the violator is not otherwise legally required to perform. Using a SEP to bring a facility into compliance with Recognized and Generally Accepted Good Engineering Practices (RAGAGEP) will not be approved. Categories of Acceptable SEPs EPA has set out eight categories of projects that can be acceptable SEPs. To qualify, a SEP must fit into at least one of the following categories: Public Health: SEPs may include examining residents in a community to determine if anyone has experienced any health problems because of the company's violations. Pollution Prevention: These SEPs involve changes so that the company no longer generates some form of pollution. For example, a company may make its operation more efficient so that it avoids making a hazardous waste along with its product. Pollution Reduction: These SEPs reduce the amount and/or danger presented by some form of pollution, often by providing better treatment and disposal of the pollutant. Environmental Restoration and Protection: These SEPs improve the condition of the land, air or water in the area damaged by the violation. For example, by purchasing land or developing conservation programs for the land, a company could protect a source of drinking water. Emergency Planning and Preparedness: These projects provide assistance to a responsible state or local emergency response or planning entity to enable these organizations to fulfill their obligations under the Emergency Planning and Community Right-to-Know Act (EPCRA.) Such assistance may include the purchase of computers and/or software, communication systems, chemical emission detection and inactivation equipment, HAZMAT equipment, or training. Cash donations to local or state emergency response organizations are not acceptable SEPs.

30 Page 30 of 44 Assessments and Audits: A violating company may agree to examine its operations to determine if it is causing any other pollution problems or can run its operations better to avoid violations in the future. These audits go well beyond standard business practice. Environmental Compliance Promotion: These are SEPs in which an alleged a violator provides training or technical support to other members of the regulated community to achieve, or go beyond, compliance with applicable environmental requirements. For example, the violator may train other companies on how to comply with the law. Other Types of Projects: Other acceptable SEPs would be those that have environment merit but do not fit within the categories listed above. These types of projects must be fully consistent with all other provisions of the SEP Policy and be approved by EPA. Quite often, for EPCRA related cases, the Emergency Planning and Preparedness is a good choice. The proposal needs to include item description(s) and costs and there is a SEP completion document that must be submitted to the USEPA PROJECTS NOT ACCEPTABLE AS SEPs The following are examples of the types of projects that are not allowable as SEPs. This list is not exhaustive. General public educational or public environmental awareness projects (e.g., sponsoring public seminars, conducting tours of environmental controls at a facility, or promoting recycling in a community)-some training is acceptable- IF it completely focuses on the responders Contributions to environmental research at a college or university Cash donations to community groups, environmental organizations, state/local/federal entities, or any other third party Projects for which the defendant does not retain full responsibility to ensure satisfactory completion Projects which, though beneficial to a community, are unrelated to environmental protection (e.g., making a contribution to a non-profit, public interest, environmental or other charitable organization, donating playground equipment, etc.) Studies or assessments without a requirement to address the problems identified in the study (except as provided for in Section V.E above) Projects which the defendant, SEP recipient, or SEP implementer will undertake, in whole or in part, with federal loans, federal contracts, federal grants, or other forms of federal financial assistance or non-financial assistance;

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35 Page 35 of 44 Agenda Item SERC Meeting Update 14 14

36 Page 36 of 44 Agenda Item Florida SERC HazMatters 14 14

37 MEETING SUMMARY OF THE STATE EMERGENCY RESPONSE COMMISSION (SERC) Page 37 of 44 OCTOBER 14, 2016 The State Emergency Response Commission (SERC) met on October 14, 2016 at the Sandestin Resort & Spa Baytowne Conference Center at 9300 Emerald Coast Pkwy in West Destin. The meeting summary below was the result of discussions and dialogues ensued at both the October 13, 2016 meetings of SERC s Training Task Force and the LEPC Staff and Chairs. The meeting was called to order at 10:00 a.m., then the Pledge of Allegiance and roll call of SERC members was conducted. Introductions of the audience immediately followed. Approval of the July 2016 Meeting Minutes The meeting minutes of the July 2016 SERC meeting was approved unanimously. Current Business Progress Report 2017 HazMat Training Symposium: Mr. Paul Wortherspoon gave an overview of the upcoming 2017 HazMat Training Symposium registration and events.. Project Tracking Chart: Mr. Paul Wortherspoon presented the Active Projects, which included: Publications, Training, Updates, Needs Analysis, Funding, Standards & Certifications, and Systems and Relationships. Update from Agencies and Organizations: Florida Association of Hazardous Materials Responders: Mr. Matt Marshal gave the report. Florida State Fire College: Scott Chappell gave the report.

38 Page 38 of 44 Agenda Item HazMat Incidents in Southwest Florida 14

39 Page 39 of 44 Status Severity Description Situation involves Affected Sectors Closed Local Incident Petroleum Release Hazardous Materials, Petroleum Spill Myers - Day Environmental impact Affected Counties Chemical Name Release Source Amount Released Release Date No Lee Diesel Fuel Transportation Unknown 8/4/ :24 Evacuated Injured Fatalities Closed Local Incident Petroleum Release Hazardous Materials, Petroleum Spill Myers - Day requested: Contact: On-Scene Contact Sarasota Diesel Fuel Transportation 59 8/9/ :51 Closed Local Incident Petroleum Release w/ Vehicle Accident Hazardous Materials, Petroleum Spill, Vehicle Myers On-Call requested: Contact: On-Scene Contact Glades Diesel Fuel Transportation 741 8/12/ :44 Closed Local Incident Vehicle Accident w/petroleum Release Hazardous Materials, Petroleum Spill, Vehicle Myers On-Call requested: No Sarasota Gasoline or Diesel Fuel Transportation 19 / 22 8/24/ :14 1 Closed Local Incident Hazardous Material Release Closed Local Incident I-75 Road Closure w/ Petroleum Release Hazardous Materials Hazardous Materials, Petroleum Spill, Road Closure or DOT Issue, Vehicle Myers On-Call Myers - Day requested: Contact: Reporting Party requested: No Sarasota Collier Asphalt Primer Hydraulic Oil/ Diesel Fuel Fixed Facility 24 8/27/ :45 Transportation 45 /148 8/29/ :10 Closed Local Incident Petroleum Release w/ Sunken Vessel Hazardous Materials, Marine Incident, Petroleum Spill Myers On-Call Unknown Hendry Diesel Fuel Unknown 9/2/ :54

40 Page 40 of 44 Status Severity Description Situation involves Affected Sectors Environmental impact Affected Counties Chemical Name Release Source Amount Released Release Date Evacuated Injured Fatalities Closed Local Incident Petroleum Release Hazardous Materials, Petroleum Spill Myers - Day requested: No Sarasota OIL Transportation 45 9/8/ :41 Closed Local Incident Natural Gas Release Hazardous Materials Myers - Day, Underground Utilities and Propane Releases requested: No Lee Natural Gas Transportation Unknown 9/16/2016 9:36 Closed Local Incident Petroleum Release Hazardous Materials, Petroleum Spill Myers - Day requested: No Collier OIL Transportation Unknown 9/16/ :00 Closed Local Incident Petroleum Release Hazardous Materials, Petroleum Spill Myers On-Call Unknown Charlotte Diesel Fuel Transportation 518 9/17/2016 7:30

41 Page 41 of 44 Status Severity Description Situation involves Affected Sectors Environmental impact Affected Counties Chemical Name Release Source Amount Released Release Date Evacuated Injured Fatalities Closed Local Incident Petroleum Release Hazardous Materials, Petroleum Spill Myers - Day requested: Contact: Reporting Party Charlotte Diesel Fuel Transportation /20/2016 8:00 Closed Local Incident Potential Petroleum Release Hazardous Materials, Marine Incident, Petroleum Spill Myers - Day requested: No Collier Gasoline Transportation Unknown 9/22/2016 8:15 Closed Local Incident Vehicle Fire w/ Hazardous Materials Release Hazardous Materials, Population Protection Actions, Road Closure or DOT Issue, Vehicle Myers - Day requested: No Lee Calcium Hypochlorite /Sodium Hypochlorite Transportation 20 x 20 area 9/22/ : Closed Local Incident Overturned Fuel Tanker With Spill Hazardous Materials, Petroleum Spill, Road Closure or DOT Issue, Vehicle Myers On-Call requested: No Sarasota Gasoline Transportation /23/ :51

42 Page 42 of 44 Status Severity Description Situation involves Affected Sectors Closed Local Incident Diesel Spill Hazardous Materials, Petroleum Spill Myers On-Call Environmental impact Affected Counties Chemical Name Release Source Amount Released Release Date No Lee Diesel Fuel Fixed Facility 185 9/28/2016 7:05 Evacuated Injured Fatalities Closed Local Incident Natural Gas Leak Hazardous Materials Myers On-Call requested: No Sarasota Natural Gas Fixed Facility Unknown 10/3/ :30 1 Closed Local Incident Petroleum Release Hazardous Materials, Petroleum Spill Myers - Day requested: No Charlotte Diesel Fuel Transportation Unknown 10/3/ :08 Closed Local Incident Petroleum Release Hazardous Materials, Petroleum Spill Myers - Day requested: No Charlotte Diesel Fuel Transportation /1/ :54 Closed Local Incident Petroleum Release Hazardous Materials, Petroleum Spill Myers - Day requested: No Lee Diesel Fuel Transportation /6/2016 9:39

43 Page 43 of 44 Status Severity Description Situation involves Affected Sectors Environmental impact Affected Counties Chemical Name Release Source Amount Released Release Date Evacuated Injured Fatalities Closed Local Incident Partially Submerged Vessel W/ Potential Petroleum Release Hazardous Materials, Marine Incident, Petroleum Spill Myers - Day requested: No Lee Diesel Fuel Transportation Unknown 10/7/ :00 Closed Local Incident US 41 Road Closure Hazardous Materials, Road Closure or DOT Issue Myers - Day requested: No Charlotte Natural Gas Transportation Unknown 10/14/ :05 Closed Local Incident SR 789 Road Closure W/ Petroleum Release Hazardous Materials, Petroleum Spill, Road Closure or DOT Issue, Vehicle Myers - Day requested: No Sarasota Diesel Fuel Transportation /17/2016 9:58 1 Closed Local Incident Potential Petroleum Release Hazardous Materials, Petroleum Spill Myers On-Call Unknown Sarasota Gasoline Transportation Unknown 10/18/ :45 Closed Local Incident Potential HazMat Release Hazardous Materials Myers - Day requested: Contact: Reporting Party Sarasota Bentonite Transportation Unknown 10/17/ :00

44 Page 44 of 44 Status Severity Description Situation involves Affected Sectors Closed Local Incident Road Closure Kings HWY Hazardous Materials, Road Closure or DOT Issue Myers On-Call, Underground Utilities and Propane Releases Environmental impact requested: No Affected Counties Chemical Name Release Source Amount Released Release Date Charlotte Natural Gas Transportation Unknown 10/19/ :47 Evacuated Injured Fatalities Closed Local Incident Vehicle Fire w/petroleum Release Hazardous Materials, Petroleum Spill, Vehicle Myers On-Call requested: No Hendry Diesel Fuel Transportation /24/2016 2:13 Closed Local Incident Vehicle Accident w/ Transmission Fluid Release Hazardous Materials, Vehicle Myers - Day requested: Contact: Reporting Party Lee Hydraulic OIL Transportation Unknown 10/25/ :29