OREGON SERC & LEPC: WHAT IT MEANS TO YOUR COMMUNITY

OREGON SERC & LEPC: WHAT IT MEANS TO YOUR COMMUNITY

AGENDA Introduction Jessica Schwarz, Josephine County Emergency Planning & Community Right to Know Act (EPCRA) Overview Sue Otjen, Oregon State Fire Marshal SERC/LEPC History Sue Otjen, OSFM SERC/LEPC Working Group Scott Porter, Washington County Emergency Planning & Community Right to Know Act (CR2K) Overview Mark Johnston, OSFM OEM Perspective Dave Stuckey, Oregon Emergency Mgmt Next Steps Sue Otjen & Jessica Schwarz Questions

EPCRA OVERVIEW 1986 Superfund Amendment & Reauthorization Act (SARA Title III) establishes Emergency Planning & Community Right to Know Act (EPCRA) EPCRA has two main goals Requires and supports emergency planning for chemical releases Provide local government and citizens with information about hazardous substances in their communities

EPCRA OVERVIEW EPCRA establishes the State Emergency Response Commission (SERC) Designates Emergency Planning Districts Appoints Local Emergency Planning Committee (LEPC) for each district Confirms members to the LEPC Provides comment on local community response plans

OREGON SERC/LEPC HISTORY 1985 Interagency Hazard Communication Council (IHCC) is assigned SERC responsibilities 2005 IHCC is legislatively abolished (HB2101). SERC responsibilities are assigned to the State Fire Marshal 2006 OSFM staff works with county and local leaders to develop community based LEPCs around Oregon until staff was cut due to funding shortfall in 2011. 2012 State Fire Marshal makes it a priority to bring Oregon into full compliance with EPCRA, assigning 2 FTE to facilitate SERC/LEPC activities

OREGON SERC/LEPC HISTORY 2013 - An OAR is drafted that would: Establish Emergency Planning Districts Establish LEPCs 2014 Identified issues with OAR as it was drafted. Four stakeholder meeting were held around the state. The consistent theme we heard was a need for better collaboration in the process and more flexibility in the OAR.

SERC/LEPC WORKING GROUP The SERC/LEPC Working group consist of representatives from Oregon Office of Emergency Management Local Emergency Managers Oregon Emergency Management Association Oregon Fire Chiefs Association Fire/Regional HazMat Teams OSFM Staff

SERC/LEPC WORKING GROUP The group was tasked with making recommendation to the State Fire Marshal on Boundaries for Emergency Planning Districts What should an LEPC look like? Participate in drafting an OAR that meets the intent of EPCRA If there is a need for a standing SERC Executive Committee Group began monthly meetings in May

WORK GROUP EFFORTS SERC Executive Committee ORS 453.520 Requirements/Limitations Advisory/Support Organization Need SERC Executive Committee Purpose Composition Bylaws Duties and Responsibilities Membership Meetings Voting Authorization

WORK GROUP EFFORTS Oregon Administrative Rules 837-095 Establish SERC Executive Committee Designate Emergency Planning Districts Counties Regions Local Emergency Planning Committees Formation Membership Leadership Duties and Responsibilities HazMat Emergency Preparedness (Broadly) HazMat Response Plan Development (Specifically) Organizational Policies and Procedures

COMMUNITY RIGHT TO KNOW Oregon Community Right to Know and Protection Act (CR2K) ORS 453.307 - Passed by the legislator in 1985 (EPCRA passed 1986) Report hazardous substances at fixed sites Intent Improve health and safety by increasing knowledge about locations of hazardous substances and their hazards. Provide information to emergency planners, responders, and public. Improve planning activities, informed emergency response, better public awareness.

COMMUNITY RIGHT TO KNOW Any employer, owner, operator w/ a Reportable Quantity (RQ) Currently approximately 13,000 facilities Over 13,000 substances being reported Over 34,000 MSDS on file Definition: Any substance the manufacturer is required to develop an MSDS that presents a heal hazard to emergency responders or the general public OAR 837-085-0040 (30) (Received, produced, stored, solutions, used, wastes)

COMMUNITY RIGHT TO KNOW The Reportable Quantities Upper Reporting Level 500 Gallons, Pounds, Cubic Feet Lower Reporting Levels (Highly Toxic & Explosives) 5 Gallons 10 Pounds 20 Cubic Feet EHS reportable at the TPQ Radioactive - Any amount not sealed source

COMMUNITY RIGHT TO KNOW What can we provide? Substance name Haz Ingredient CAS #, Pest Reg. # EHS Ingredient EHS, TPQ? Haz Classes How Much Container Types Pressure, Temperature Storage Locations (Some Info. Is Secured) It s About the Data

COMMUNITY RIGHT TO KNOW It s About the Data How can we provide it? On-Line Searchable Data Bases HSIS Program Custom Information Requests (Some Info. Secured)

COMMUNITY RIGHT TO KNOW Examples of data - OSFM Annual Report (2013)

COMMUNITY RIGHT TO KNOW Examples of data - OSFM Annual Report (2013)

COMMUNITY RIGHT TO KNOW Recent U.S. Incidents January 2014 - Charleston, WV. Chemical release into water supply June 2013 Geismar, LA. Chemical Mfg. Explosion/Fire 2 Killed April 2013 West TX. Fertilizer Plant Fire/Explosion 14 Killed October 2012 East Rutherford, NJ. Dust Explosion 7 Injured Is there potential for such incidents to occur in Oregon?

COMMUNITY RIGHT TO KNOW Many facets to Emergency Management Flood Earthquake RR Derailment Structure Collapse Explosion Fire Pandemic Outbreak Hazardous Materials??? Rudolph Giuliani when asked how NY dealt with 9/11. New York city already had separate plans for each of the different incidents resulting from the attacks. They just never implemented all of them at the same time before. Timothy Gablehouse Each Community with hazardous materials is one event away from a long term catastrophe.

COMMUNITY RIGHT TO KNOW What planners do is important Planning causes positive outcomes CR2K Data can help We want to help Also, we can use your help. Do you know of a facility that isn t reporting?

OEM PERSPECTIVE Application methodology What it means at the State Level Changing environment Same Answer Interdependencies

NEXT STEPS Recommendation to State Fire Marshal October 15, 2014 OAR Stakeholder Meeting October 30, 2014 Public Hearing for Rulemaking Mid-December OAR becomes effective Early January 2015

SAVE THE DATE! 2015 Oregon LEPC Conference May 12-14, 2015 Seaside Convention Center Seaside, Oregon

LOCAL PERSPECTIVE What does this mean for Emergency Managers? OSFM took feedback created EPCRA protects first responders, planners and citizens (right to know) LEPC s bringing the community together

Q & A