Category Archives: General News

LEPC handbook/ref 67

State of Kansas

Local Emergency Planning

Committee Handbook

SEPTEMBER 2011

LEPC Handbook SEPTEMBER 2011

ii

LOCAL EMERGENCY PLANNING COMMITTEE

HANDBOOK

Published for the Commission on

Emergency Planning and Response by the

Kansas Division of Emergency Management

This document can be found on the internet at

http://www.kansastag.gov/KDEM.asp?PageID=177

This handbook was published by the Kansas Division of Emergency Management, a division of the

Adjutant General’s Department. Parts of the handbook have been extracted from the State of Texas: “A

Local Emergency Planning Committee (LEPC) Handbook: A Primer for Local Emergency Planning for

Hazardous Materialsdeveloped by the Texas State Emergency Response Commission, Texas Department

of Public Safety, Division of Emergency Management and the guidebook developed by the United States

Environmental Protection Agency Region VI.

Kansas is grateful for the use of this material in the development of this handbook.

Additionally, this handbook has also been compiled from information obtained from Handbooks of the

States of North Dakota, Maine, Minnesota, and Vermont.

LEPC Handbook SEPTEMBER 2011

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LOCAL EMERGENCY PLANNING COMMITTEE HANDBOOK

TABLE OF CONTENTS

LEPC COMPLIANCE CERTIFICATION v

LEPC MEMBERSHIP FORM vii

PART I Introduction 1

PART II Implementation of SARA Title III in Kansas 3

PART III Understanding EPCRA 7

PART IV Local Emergency Planning Committee 11

PART V Reporting Requirements for Facilities with Hazardous Materials 21

PART VI Hazardous Materials Response Options 27

APPENDICES

APPENDIX A Sample LEPC Bylaws 31

APPENDIX B Examples of LEPC Membership 43

APPENDIX C Sample Invitation Letter to Request Participation on LEPC 45

APPENDIX D LEPC Self-Evaluation Tool 47

APPENDIX E Holding an Effective LEPC Meeting 51

APPENDIX F Sample LEPC Meeting Agenda 55

APPENDIX G Robert’s Rules of Order 57

APPENDIX H LEPC Activities 63

APPENDIX I Example EPCRA Notice of Publication 67

APPENDIX J Examples of LEPC Funding Sources 69

APPENDIX K Hazardous Materials Reporting Requirements in Kansas 83

APPENDIX L TIER II Reporting Instructions 91

APPENDIX M Planning Standards Checklist for SARA Title III Compliance 97

APPENDIX N Acronyms 107

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LEPCCOMPLIANCE CERTIFICATION

The following must be met by the Local Emergency Planning Committees (LEPCs) as requirements for

compliance with federal and State laws and regulations and Commission on Emergency Planning and

Response policies and procedures. This checklist must be completed, signed, and returned annually by

December 31, even if the LEPC is not a recipient of grant funds.

Return to: CEPR Local Emergency Planning Committee

c/o Kansas Division of Emergency Management

ATTN: Technological Hazards Section

2800 SW Topeka Blvd.

Topeka, KS 66611-1220

A check mark in the squares on the left will indicate a YES response.

Have changes in the LEPC Bylaws and Membership list been submitted to the CEPR?

Membership lists must be submitted annually.

Bylaws reviewed/updated – Date:

Submitted:

(only if updated)

Membership list reviewed/updated – Date: Submitted:

Have LEPC meetings been held and have agendas and minutes of all meetings (or their location,

e.g. LEPC website) been forwarded to the CEPR?

Has the LEPC reviewed and/or updated their Local Emergency Operations Plan within the last

year? Has KDEM Planning Section been notified and/or provided the Plan review results and

updates?

Review/update – Date: Submitted:

Has the LEPC conducted and reported on an exercise, tabletop, functional, or full scale, of its

Local Emergency Operations Plan within the last year?

Indicate the date of the most recent exercise:

Has the LEPC met the annual requirement of publishing the Emergency Planning and

Community Right-to-Know Act “information availabilitythrough print or electronic media?

Date of publication: Or website link:

As chairman of the Local Emergency Planning

County Name

Committee, I attest all information provided on this compliance certification is accurate.

Date:

LEPC Chair Signature

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LEPC Membership Update Form

INSTRUCTIONS: When submitting this form to the Commission on Emergency Planning and Response (CEPR), always

complete Box A. Complete Box 1 if you are submitting a change for the LEPC Chairperson or Box 2 if you are submitting a

change for the Vice Chairperson, if you have one. Complete Box A and the next page(s) to add a new member or members or

to update information for an existing member or members of your LEPC. Completed forms should be returned annually to:

CEPR Local Emergency Planning Committee

c/o Kansas Division of Emergency Management

ATTN: Technological Hazards Section

2800 SW Topeka Blvd.

Topeka, KS 66611-1220

BOX A (Mailing address to Submit Tier II forms)

County: Date:

LEPC Mailing Address: City: Zip:

LEPC Chairperson (print name):

LEPC Approval (signature of Chairperson):

LEPC Membership Categories

(In accordance with Public Law 99-499, Section 301(c))

Note: A single person may represent more than one category and more than one member may represent a category.

State/Local Official Health Local Environmental Group Information Coordinator

Law Enforcement Hospital Community Group

Firefighting Broadcast Media Facility Owners/Operators

Emergency Management Transportation Emergency Medical Service

**ADVISORY NOTICE: This information may be made available to the public under the Kansas Open Records Act. DO

NOT include home addresses or telephone number(s).

BOX 1: CHAIRPERSON UPDATE

Name: Title:

Employer: Address:

City, State, Zip: Telephone Number:

Membership Category: Fax Number

Email:

BOX 2: VICE-CHAIRPERSON UPDATE (if applicable)

Name: Title:

Employer: Address:

City, State, Zip: Telephone Number:

Membership Category: Fax Number

Email:

GENERAL MEMBERSHIP UPDATES: see next page(s) Rev 03/11

vii

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MEMBER UPDATES

Reproduce this page if there are more than six memberships to be updated.

Name: Title:

Employer: Telephone Number:

Email:

Is this person a NEW MEMBER on your LEPC?

YES NO

Did this person replace a previous member? If so, WHO?

YES, _____________________________ NO

Membership Category (see above):

Name: Title:

Employer: Telephone Number:

Email:

Is this person a NEW MEMBER on your LEPC?

YES NO

Did this person replace a previous member? If so, WHO?

YES, _____________________________ NO

Membership Category (see above):

Name: Title:

Employer: Telephone Number:

Email:

Is this person a NEW MEMBER on your LEPC?

YES NO

Did this person replace a previous member? If so, WHO?

YES, _____________________________ NO

Membership Category (see above):

Name: Title:

Employer: Telephone Number:

Email:

Is this person a NEW MEMBER on your LEPC?

YES NO

Did this person replace a previous member? If so, WHO?

YES, _____________________________ NO

Membership Category (see above):

Name: Title:

Employer: Telephone Number:

Email:

Is this person a NEW MEMBER on your LEPC?

YES NO

Did this person replace a previous member? If so, WHO?

YES, _____________________________ NO

Membership Category (see above):

Name: Title:

Employer: Telephone Number:

Email:

Is this person a NEW MEMBER on your LEPC?

YES NO

Did this person replace a previous member? If so, WHO?

YES, _____________________________ NO

Membership Category (see above):

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LEPC Handbook SEPTEMBER 2011

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PART I: INTRODUCTION

PURPOSE

This handbook is designed for Local Emergency Planning Committees (LEPCs) in the State of

Kansas. This handbook was developed to provide general guidance on LEPC duties,

responsibilities and organization.

HISTORY AND BACKGROUND

The LEPC is a product of federal legislation that was passed after the Bhopal disaster in India,

where thousands of people died because of an accident involving an accidental release of a

hazardous chemical. To prevent similar occurrences in our own communities, Congress passed

the Emergency Planning and Community Right-to-Know Act (EPCRA), also known as the

Superfund Amendments and Reauthorization Act (SARA Title III), in 1986. EPCRA has four

major provisions: Emergency Planning (Sections 301-303); Emergency Release Notification

(Section 304); Hazardous Chemical Storage Reporting Requirements (Sections 311-312); and

Toxic Chemical Release Inventory (Section 313). The Community Right-to-Know (CRTK)

provisions in EPCRA help increase public knowledge and provide them access to information on

chemicals at individual facilities, their uses, and release into the environment. The Kansas

Legislature also enacted Right-to-Know laws that are very similar to the existing federal Rightto-

Know laws. As a result, states and communities, working with industry, are better able to

protect public health and the environment.

PREFACE

The U.S. Environmental Protection Agency (EPA), other federal agencies, state agencies, and

the chemical industry are cooperating with local communities to make EPCRA and related state

laws effective. The LEPCs are the link between citizens, industry, and government. Because

LEPCs are most familiar with the hazards in their community, and because local citizens tend to

be the first responders for emergencies, LEPCs are in the best position to assist local

governments in developing plans to respond to hazardous material emergencies and natural

disasters. This handbook has been developed to provide LEPCs with the guidance needed to

make EPCRA and related state laws work.

This LEPC handbook, while not a regulation, has been accepted by the Commission on

Emergency Planning and Response (CEPR) as representing the current policy regarding the role

of LEPCs for the implementation of EPCRA and their relationship to the CEPR. This handbook

was prepared by the Kansas Division of Emergency Management (KDEM) as a reference.

EPCRA should be used by the LEPC when making decisions regarding actions of the LEPC. The

Federal Register and any other appropriate documents should be used by the LEPC to keep

abreast of any changes that may be made in the future.

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PART II: IMPLEMENTATION OF SARA TITLE III IN KANSAS

On October 17, 1986, in response to a growing concern for safety around chemical facilities,

Congress enacted the Emergency Planning and Community Right-to-Know Act (EPCRA), also

known as Title III of the Superfund Amendments and Reauthorization Act (SARA). The federal

law requires the governor of each state to establish a State Emergency Response Commission

(SERC) and for the Commission to designate Emergency Planning Districts (EPDs) within the

state, and to appoint a Local Emergency Planning Committee (LEPC) for each district. In

Kansas, each county is considered an EPD. LEPC membership must meet the criteria

established by EPCRA. LEPC members are nominated by the County and approved by the

SERC. In 1999, Reorganization Order Number 29 created the Commission on Emergency

Planning and Response (KSA 65-5721) and abolished the SERC (KSA 65-5723).

COMMISSION ON EMERGENCY PLANNING AND RESPONSE

The Kansas Commission on Emergency Planning and Response (CEPR) is responsible for

carrying out all requirements of EPCRA and for the purpose of providing assistance in the

coordination of state agency activities relating to: (1) training, preparedness, and response; and

(2) chemical release reporting and prevention, transportation, manufacture, storage, handling,

and use.

The CEPR is comprised of 27 representatives from various state and local government

organizations and industry (Figure 1). Membership of the CEPR includes agency heads from the

A Chairperson and a Vice-Chairperson are elected annually by the CEPR members. Members

are required to serve a term of four years. The CEPR meets quarterly.

PRIMARY CEPR RESPONSIBILITIES

The purpose of the Commission on Emergency Planning and Response is to facilitate a

coordinated effort for mitigation, preparedness, response, and recovery from emergencies and

disasters in Kansas. The CEPR has the following functions, powers, and duties (KSA 65-5722):

(a) Carry out all requirements of the federal emergency planning and community right-toknow

act of 1986, 42 U.S.C. 11001-11005, and amendments thereto, hereinafter called

the “federal act”;

(b) provide assistance and advice in establishing policy for the coordination of state agency

activities relating to emergency training, preparedness, planning, and response;

(c) provide assistance and advice in establishing policy and procedures for chemical

release reporting and prevention, transportation, manufacture, storage, handling, and

use;

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(d) facilitate and advise the division of emergency management, the adjutant general, and

others in the preparation and implementation of all emergency plans prepared by state

agencies;

(e) facilitate and advise the division of emergency management, the adjutant general, and

others in the preparation and implementation of statewide, interjurisdictional, and local

emergency plans prepared in accordance with state and federal law;

(f) designate, and revise as necessary, the boundaries of emergency planning districts in

accordance with the federal act;

(g) approve the local emergency planning committee for each emergency planning district;

(h) review reports about responses to disaster emergencies and make recommendations to

the appropriate parties involved in the response concerning improved prevention,

mitigation, and preparedness;

(i) provide assistance and advice to the division of emergency management and the

adjutant general in coordinating, advising, or planning tasks related to community rightto-

know reporting, toxic chemical release reporting, management of hazardous

substances, emergency planning and preparedness for all types of hazards and

emergency planning and preparedness for all types of disasters, as defined in K.S.A.

48-904, and amendments thereto;

(j) recommend procedures to integrate, as appropriate, hazardous substance response

planning under 42 U.S.C. 11001-11005, federal contingency planning under 33 U.S.C.

1321 and other federal laws as applicable to hazardous substance discharges, and state,

regional, and local planning;

(k) provide recommendations and advice to the adjutant general and the secretary of health

and environment regarding the adoption of regulations as authorized to carry out the

purposes of all state hazard preparedness and planning laws and the federal act, 42

U.S.C. 11001-11005;

(l) approve the fees established by rules and regulations of the adjutant general to cover all

or part of the total operational costs of implementing the provisions of the federal act;

and

(m) provide assistance and advice to the division of emergency management and the

adjutant general in developing and implementing a plan for regional emergency

medical response teams.

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The Kansas Division of Emergency Management (KDEM) and the Kansas Department of Health

and Environment (KDHE) share EPCRA responsibilities in Kansas on behalf of the CEPR.

Below is a table identifying the section each agency has responsibility over.

EPCRA SECTION RESPONSIBLE

AGENCY

CONTACT

302 KDHE Right to Know

(785) 296-1688

303 KDEM Planning and Mitigation

(785) 274-1431

304 KDEM (785) 275-0297

24-hour Notification

311-312 KDHE Right to Know

(785) 296-1688

313 KDHE Right to Know

(785) 296-1688

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Figure 1. CEPR is comprised of 27 representatives from various state and

local government organizations and industry.

Commission on Emergency Planning and Response

Adjutant General’s Department

Statutory Appointment

Kansas Department of Health and

Environment

Statutory Appointment

Kansas Department of Transportation

Statutory Appointment

Kansas Department of Agriculture

Statutory Appointment

Kansas Highway Patrol

Statutory Appointment

Kansas Animal Health Department

Statutory Appointment

Kansas State Fire Marshal

Statutory Appointment

Kansas Department of Commerce

Statutory Appointment

Kansas Bureau of Investigation

Statutory Appointment

Kansas Commission on Disability Concerns

Governor Appointment

Kansas Livestock Association

Governor Appointment

Homeland Security Council Representative

Governor Appointment

City Representative

Governor Appointment

Business and Industry Representatives (3)

Governor Appointment

County Representative

Governor Appointment

Public Works Services Representative

Governor Appointment

Firefighter Representative

Governor Appointment

Law Enforcement Representative

Governor Appointment

Hospital Representative

Governor Appointment

Public Health Representative

Governor Appointment

Emergency Medical Services

Governor Appointment

Transportation, Rail, and Trucking

Representative

Governor Appointment

Energy Representative

Governor Appointment

County Emergency Managers Representative

Governor Appointment

Tribal Representative

Governor Appointment

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PART III: UNDERSTANDING EPCRA

EPCRA is made up of Sections 301-330 of Public Law 99-499 with Sections 302-313 and

Section 324, being most common for LEPCs. The following is a brief description of these

important sections:

SECTION 302

(40 CFR Part 302)

SECTION 302EXTREMELY HAZARDOUS SUBSTANCES (EHS). Facilities that have

EHS present at or above an amount known as the Threshold Planning Quantity (TPQ) must

report this to the CEPR and the LEPC. The report must be filed within 60 days of the substance

arriving at the facility. The facility must designate a liaison person to coordinate EHS response

planning with the LEPC. The LEPC must incorporate facility information into the local

emergency operations plan for the county. Section 302 substances are subject to Section 312

(Tier II) reporting as well.

The Environmental Protection Agency (EPA) designates which substances are EHS. The best

single source for EHS is the EPA List of Lists, which contains not only Section 302 substances,

but Section 304 substances, Comprehensive Environmental Response, Compensation, and

Liability Act (CERCLA) substances, and Section 313 substances. The Section 302 notification

is a one-time report and does not have to be refilled unless new substances are brought on the

facility (even temporarily) or old ones are permanently removed.

SECTION 303

(40 CFR Part 355)

SECTION 303 MANDATES PLANNING. Section 303 requires the CEPR to develop a

comprehensive emergency response plan for the state. The LEPC is also required to prepare a

comprehensive local emergency operations plan for the county which must be updated at least

annually. Local changes in facilities, substances stored, etc., may indicate if more frequent

reviews should be done. The county plan is to be submitted to the Kansas Division of

Emergency Management (KDEM), who accepts it on behalf of the CEPR, for approval.

Hazardous Materials Emergency Planning Guide, NRT-1 details the nine areas to be addressed

by response plans, as required by Section 303. Appendix M of this document details the SARA

Title III planning requirements that have been incorporated into the Kansas Planning Standards.

SECTION 304

(40 CFR Part 370)

SECTION 304 ESTABLISHES REQUIREMENTS FOR ACCIDENTAL RELEASES of

substances either on the Section 302 list or the CERCLA list. Under Section 302, substances on

the Section 302 or CERCLA lists are assigned Reportable Quantities (RQ). Any accidental

release of these substances at or above the RQ triggers reporting requirements to the LEPC,

CEPR (KDEM receives notifications on behalf of the CEPR), and the National Response Center

(NRC).

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SECTION 311 AND 312

(40 CFR Part 370)

SECTIONS 311 (MSDS) AND 312 (Tier II) DEAL WITH FACILITIES. These sections

require facilities to make annual reports to the CEPR and LEPC regarding hazardous substances

defined by the Occupational Safety and Health Act of 1970 (OSHA). If OSHA requires a

facility to post or have available for inspection a Material Safety Data Sheet (MSDS) for a

substance, that substance is reportable under Section 311 and 312 of EPCRA. Section 302

substances must also be listed on the Tier II report. Kansas does not require Tier I reports

because the Tier II provides the required information and more. The reports are due March 1 of

each year and are for the previous calendar year. The facility must send copies of the report to

the Kansas Department of Health and Environment (who accepts the reports on behalf of the

CEPR), LEPC, and the local fire department. Tier II reports, along with Section 302 reports,

provide the information required for emergency planning and community Right-to-Know Act.

In Kansas, the facility fee is based on the quantity of chemicals reported on the Tier II form.

Any owner or operator who violates Tier II reporting requirements shall be liable to the United

States for a civil penalty of up to $25,000 per day for each such violation. Detailed Kansas Tier

II instructions are provided in Appendix L.

SECTION 313

(40 CFR Part 372)

SECTION 313 DEALS WITH THE ROUTINE RELEASE OF TOXIC OR HAZARDOUS

SUBSTANCES INTO THE ENVIORNMENT. This is known as Toxic Release Inventory

(TRI) and is part of a manufacturing or operating process. The quantity and type of release are

known and the reporting threshold is based on the total quantity released during the year.

Section 313 differs from Section 304; which deals only with accidental releases. Kansas has few

facilities subject to Section 313 reporting and the LEPC will not receive the TRI report directly.

Any LEPC that has concerns about TRI or want more information about it should contact the

Kansas Department of Health and Environment, Bureau of Air and Radiation.

SECTION 322

(40 CFR Part 350)

SECTION 322 ALLOWS A FACILITY TO WITHHOLD THE IDENTITY OF A

CHEMICAL if revealing it could compromise company operations. Section 322 has very

narrow criteria, identified in 40 CFR part 350. In practice, less than one percent of facilities in

the United States have filed such claims. Section 322 addresses trade secrets as they apply

EPCRA Sections 303, 311, 312, and 313 reporting; a facility cannot claim trade secrets under

Section 304 of the statute. Only chemical identity may be claimed as a trade secret, though a

generic class for the chemical must be provided. Even if chemical identity information can be

legally withheld from the public, EPCRA Section 323 allows the information to be disclosed to

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health professionals who need the information for diagnostic and treatment purposes or local

health officials who need the information for prevention and treatment activities.

SECTION 324

SECTION 324 IS THE RIGHT-TO-KNOW PORTION OF EPCRA. It requires that

Emergency Operations Plans, MSDSs, and Tier II report information be made available to the

general public. Each LEPC is required to annually publish a notice, through print or electronic

media, that the Emergency Operations Plans, MSDSs, and Tier II forms have been submitted and

it must state the location where such documents may be reviewed during normal business hours.

Facilities that have submitted Tier II reports may request the LEPC to keep the location of the

hazardous materials within the facility confidential. Do not confuse this provision with the trade

secret exception in Section 322.

Reporting Schedules Summary

Section

302 One time notification to CEPR (KDHE) and LEPC

303 One time submission; updates sent as necessary

(KDEM)

304 Each time a release above a reportable quantity

occurs; to LEPC and CEPR (KDEM)

311 One time submission; update only for new

chemicals or information; to CEPR (KDHE),

LEPC, fire department

312 Annually, by March 1 to CEPR (KDHE), LEPC,

fire department

313 Annually, by July 1, to EPA and CEPR (KDHE)

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PART IV: LOCAL EMERGENCY PLANNING COMMITTEE

PURPOSE

Local Emergency Planning Committees (LEPCs) work to understand the hazards in the

community, develop emergency plans in case of an accidental release or natural disaster, and

look for ways to prevent accidents. The role of LEPCs is to form a partnership between local

governments and industries to enhance all-hazards preparedness. The local government is

responsible for all-hazards planning and response within their jurisdiction. This includes:

ensuring the local hazard analysis adequately addresses all-hazards incidents;

incorporating planning for all-hazards incidents into the local emergency

operations plan and annexes;

assessing capabilities and developing all-hazards response capability using local

resources, mutual aid and contractors;

training responders; and

exercising the plan.

Industry must be a part of this planning process to ensure facility plans are compatible with local

emergency plans. Every regulated facility is responsible for:

identifying a facility emergency coordinator;

reporting hazmat inventories annually to the CEPR, LEPC, and local fire

department;

providing material safety data sheets (MSDS) or a list of hazardous chemicals;

allowing local fire departments to conduct on-site inspection of hazmat facilities;

and

providing annual report of toxic chemicals released, to EPA and the State.

LEPCs are crucial to community right-to-know programs and all-hazards planning. Members of

the LEPC represent the various organizations, agencies, departments, facilities, and/or other

groups within the district. The membership comes from the local area and should be familiar

with factors that affect public safety, the environment, and the economy of the community. In

addition to its formal duties, the LEPC serves as a focal point in the community for information

and discussions about hazardous substances and natural disaster emergency planning and health

and environmental risks. Citizens will expect the LEPC to reply to questions about hazards and

risk management actions.

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LEPC DUTIES AND RESPONSIBILITIES

As mentioned in Part I, the Emergency Planning and Community Right-To-Know Act (EPCRA)

establishes the LEPC as a forum at the local level for discussions and a focus for action in

matters pertaining to all-hazards planning. LEPCs also help to provide local governments and the

public with information about all-hazards in their communities.

Primary LEPC Responsibilities

The major legal responsibilities of LEPCs in Kansas are listed below. The citations are from the

EPCRA, Public Law 99-499. Each LEPC:

1. Shall review local emergency operations plans once a year, or more frequently as

circumstances change in the community or as any facility may require (Section

303(a)). Plan review results and updates should be submitted to KDEM in writing

along with a copy of the LEPC meeting minutes documenting review of the Plan.

(Detailed LEPC meeting minutes may be submitted in lieu of written review results.)

2. Shall make available each Material Safety Data Sheet (MSDS), chemical list

described in Section 311(a)(2) or Kansas Tier II report, inventory form, toxic

chemical release form, and follow-up emergency notice to the general public,

consistent with Section 322, during normal working hours at a location designated by

the LEPC (Section 324(a)).

3. Shall establish procedures for receiving and processing requests from the public for

information under Section 324, including Tier II information under Section 312. Such

procedures shall include the designation of an official to serve as coordinator for

information (Section 301(c)).

4. Shall receive from each subject facility the name of a facility representative who will

participate in the emergency planning process as a facility emergency coordinator

(Section 303(c)).

5. Shall be informed by the community emergency coordinator of hazardous chemical

releases reported by owners or operators of covered facilities (Section 304(b)(1)(a)).

6. Shall be given follow-up emergency notice information as soon as practical after a

release, which requires the owner/operator to submit a notice (Section 304(c)).

7. Shall receive from the owner or operator of any facility a MSDS for each such

chemical (upon request of the LEPC or fire department), or a list of such chemicals as

described in paragraph (2) (Section 311(a)).

8. Shall, upon request by any person, make available an MSDS to the person in

accordance with Section 324 (Section 311(a)).

9. Shall receive from the owner or operator of each facility an emergency and hazardous

chemical inventory form (Section 312(a)).

10. Shall respond to a request for Tier II information under this paragraph no later than

45 days after the date of receipt of the request (Section 312(e)).

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11. May commence a civil action against an owner or operator of a facility for failure to

provide information under section 303(d) or for failure to submit Tier II information

under section 312(e)(1) (Section 326(a)(2)(B)).

Additional LEPC Responsibilities

1. The LEPC shall appoint a Chairperson, an Information Coordinator, and establish

bylaws under which the committee shall function (EPCRA, Section 301(c)). The

bylaws shall include provisions for public notification of committee activities, public

meetings to discuss the emergency operations plan, public comments, and response to

such comments by the committee (See Appendix A for sample bylaws). Other

considerations that the LEPC should make in rulemaking are:

a. Term of office

b. Removal from the LEPC

c. Authority of the LEPC

d. Immunity for LEPC members

2. The LEPC shall notify the CEPR of nominations for changes in the makeup of the

committee. The LEPC members shall be nominated by County Commissioners

and will be approved by the CEPR. Nominations must be submitted in written

form. A current membership list should be sent to the CEPR on an annual basis to be

considered “active. Provide the CEPR an address for LEPC correspondence to

include where facilities should submit their Tier II forms. Provide the CEPR an email

address for the LEPC Chairperson.

3. The LEPC shall evaluate the need for resources necessary to develop, implement, and

exercise the jurisdiction’s local emergency operations plan. Recommendations shall

be made with respect to additional resources that may be required and the means for

providing such additional resources (Section 303 (a)).

4. The LEPC shall annually publish a notice through print or electronic means that the

local emergency operations plan, MSDS, and Tier II inventory forms have been

submitted under this section (Section 324(b)).

5. The LEPC shall submit the LEPC Compliance Certification Form annually by

December 31st (see page v).

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LEPC STRUCTURE

Membership

The LEPC, as is the case for the CEPR, must have membership representation from a crosssection

of the community it serves. As prescribed by Section 301 of EPCRA, as a minimum, the

LEPC shall include representatives from the following groups or organizations:

Elected state or local officials Law enforcement

Firefighting Emergency management personnel

Transportation personnel Emergency medical personnel

Hospital personnel Health officials

Broadcast and/or print media Community groups

Local environmental group Owners and operators of covered facilities

A single member may represent more than one of the above groups or organizations. Likewise, a

group may be represented by more than one member. Appendix B contains examples of

potential community members that a LEPC can solicit for membership. There is no law

regulating the maximum number of members on a LEPC. Ideally, LEPC members should be

true volunteers who are interested in emergency programs and community right-to-know

activities. Because the LEPC’s members represent the community, they should be familiar with

factors that affect public safety, the environment, and the economy of the community. That

expertise will be essential as the LEPC develops a plan tailored to the needs of the community.

An example letter requesting participation from an owner/operator of a covered facility has been

included as Appendix C.

Involving individuals who have expertise in areas of LEPC concerns as “at-large memberscan

be very effective. Although not official members, they can expand the LEPC knowledge base

significantly. These individuals need not be carried on official LEPC membership rosters.

Appointments

1. Chairperson. The LEPC shall appoint a Chairperson and may appoint a Vice-

Chairperson and other officers deemed necessary by each LEPC. A term of office

should be set, but may vary in length according to the needs of each LEPC. The

Chairperson can be any LEPC member. Some LEPCs have chosen political leaders;

others have selected individuals from emergency management, environmental groups,

industry, or civic organizations. Important factors to consider are the leader’s

availability, credibility, management skills, commitment to the program, and respect

from other LEPC members and the community.

2. Information Coordinator. EPCRA requires the LEPC to appoint an Information

Coordinator. The Information Coordinator’s job is to process requests from the public

for information under Section 324, including Tier II information under Section 312.

The Information Coordinator can also assist other committee members.

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3. Others. Positions not required by law, but which have proven very useful are: Vice-

Chairperson, Secretary-Treasurer, and Chairpersons of standing committees; see

Appendix A, Article IV for sample position descriptions.

The LEPC members shall be nominated by County Commissioners and will be approved

by the CEPR. KDEM maintains the official LEPC membership database on behalf of the

CEPR. The State provides this information to the public, industry, federal agencies, and other

states as requested. It is therefore important that your LEPC membership is current and

KDEM is kept apprised of all membership changes; see page vii for a membership form.

Subcommittees

Although subcommittees are not required, dividing the work among them can facilitate

planning and data management. Subcommittees allow members to specialize and help the

process move forward more quickly because the LEPC can work on several projects at one time.

The appointment of a subcommittee chairperson may ensure that work progresses efficiently.

The number and type of subcommittees that an LEPC creates depends solely on the needs of the

LEPC and its members. Subcommittees may be formed and disbanded as occasions arise to

accomplish initial and on-going tasks of the LEPC. Subcommittee membership need not be

limited to LEPC members, but use the expertise and resources of both community and industry.

On larger LEPCs, subcommittee chairpersons may sit on an Executive Committee with the

LEPC Chairperson. The LEPC might appoint subcommittees for the following:

Gathering and reviewing existing county, community and facility emergency

plans annually.

Coordinating emergency response capabilities of LEPC member organizations.

Checking existing response equipment in the community.

Identifying financial resources.

Coordinating with other LEPCs and the CEPR.

Conducting a hazard analysis.

Managing information and providing information for citizens.

Providing information to facilities.

Promoting public awareness of EPCRA, community chemical hazards, and

emergency response expected from the public.

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Suggested subcommittees for the LEPC (not required) are:

1. Planning Subcommittee, whose responsibilities may include:

a. Developing and assisting in the revision of the emergency operations

plan;

b. Establishing a vulnerability zone determination methodology;

c. Reviewing the site specific Hazardous Materials Response Plans

submitted from each facility with quantities of EHSs; and

d. Reviewing the LEPC plan annually.

2. A Public Information Subcommittee, whose responsibilities may include:

a. Writing and publishing public notices;

b. Establishing an information storage and retrieval system; and

c. Performing citizen/neighborhood outreach to inform them of current

plans and other available information.

3. A Training and Exercise Subcommittee, whose responsibilities may include:

a. Conducting training needs assessment;

b. Requesting grant funding to provide for training needs;

c. Coordinating training programs; and

d. Establishing an exercise schedule.

4. An Executive Subcommittee, whose responsibilities may include:

a. Being familiar with local, state, and federal laws which impact the allhazards

planning process;

b. Developing long-term goals for the LEPC;

c. Attending to LEPC member needs;

d. Reviewing terms of current LEPC members and soliciting volunteers to

fill vacancies; and

e. Development of LEPC timetables for other subcommittees.

5. A Resource Development Subcommittee, whose responsibilities may include:

a. Researching community resources for emergency response (e.g., various

types of equipment, facilities, and available expertise);

b. Maintaining a current LEPC resource inventory;

c. Identifying alternative resources upon which the community may draw

in time of emergency or disaster; and

d. Identifying other volunteer(s) or in-kind assistance (e.g., private sources,

such as, local businesses/industry, non-profit agencies, etc.), which may

be used for various types of response.

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6. An Emergency Response Subcommittee, whose responsibilities may include:

a. Developing emergency response procedures in conjunction with local

government personnel that may be utilized for all-hazard responses; and

b. Education on the local Incident Command System (ICS) procedures to

reinforce and coordinate local governmental emergency response.

7. A Finance Subcommittee, whose responsibilities may include:

a. Management of the LEPC budget; and

b. Examining sources of and recommending uses of LEPC funds.

8. A Business/Industry Outreach Subcommittee, whose responsibilities may

include:

a. Development initiatives that will encourage participation by community

commercial businesses and industrial facilities.

BYLAWS

LEPCs shall write bylaws or rules by which the committee will function. The bylaws should

contain information regarding the committee’s formation, responsibilities, election of officers,

terms of service for general members and officers, frequency of meetings, and any other

information the committee deems pertinent. Rules or bylaws for the LEPC should be established

as set forth in EPCRA, Section 301. The bylaws should include the following minimum

provisions:

• Public notification of committee activities

• Public meetings to discuss the emergency plan

• Public comment and response to these comments

• Distribution of the emergency plan

• Election of officers

A sample of LEPC bylaws is provided for your information in Appendix A.

MEETINGS

The frequency of LEPC meetings is not mandated. However, in order to keep the LEPC

functioning effectively, regularly scheduled meetings, which address diverse issues and work

toward progress on key concerns, are essential. Circumstances may change frequently, along

with key phone numbers and contacts. Regular meetings also offer the opportunity for the LEPC

to broaden its role in the community. At a minimum, counties should consider meeting annually

for populations of 1000 or less in the county, semi-annually for populations of 1000-10,000, or

quarterly for populations greater than 10,000.

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A meeting of an LEPC is subject to public scrutiny through the Kansas Open Meetings Act

(KOMA). LEPCs should confer with their county attorney on requirement of KOMA, as

appropriate. All meetings of the LEPC or any subcommittee should be open to the public, except

under circumstances where KOMA permits otherwise. The Chairperson shall afford a

reasonable period of time at the beginnings of each regular meeting to accept oral public

comments on any aspect of the LEPC’s function.

Meetings should follow an organized format. Therefore, a well-planned agenda is an important

tool for conducting effective meetings. The agenda should identify specific issues to be discussed

at the meeting. If time constraints are a factor, each agenda item may be assigned a time limit.

The key to this strategy is adhering to the time limit assigned for each issue. An example agenda

is included in Appendix F.

Each committee member should be sent, if feasible, a copy of the agenda one-to-two weeks prior

to the scheduled meeting. Additionally, send any information pertinent to the upcoming meeting

along with the agenda. This way, members can prepare themselves for the meeting in advance

and meetings should be more productive.

While LEPCs should strive to establish a regular meeting schedule, LEPCs can also benefit from

moving meetings to different locations and times. Some LEPCs meet at industrial sites where the

regular meeting is held, followed by a tour of site operations. This has proved to be a very

successful LEPC opportunity to familiarize committee members with business and industry in

the community. Appendix E has several helpful hints for holding a successful LEPC meeting.

ADMINISTRATION

LEPCs are challenged with having to administer a program with little or no budget and no fixed

facility to work from. Despite this, they are required by law to respond to public inquiries about

hazardous chemicals in their communities within a reasonable amount of time – not longer than

45 days.

They can only do this through efficient record keeping and using suitable workspace provided by

government or industry members on the committee. Co-locating the LEPC with the jurisdiction’s

Emergency Management Agency, a local fire department, or police department, can be beneficial

to each organization.

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Maintenance of Records

At a minimum, LEPCs should maintain the following records for:

RECORD 1 YR 2YR 5 YR

Until

Superseded

No Longer

Useful

Local emergency management plans and

pertinent annexes XD

Material Safety Data Sheets (MSDS) or

information on where to obtain them XD

Initial and follow-up hazardous chemical

spill release reports XD

LEPC bylaws XD

Minutes of LEPC and committee meetings XP

Kansas Tier II reports for covered facilities XD

LEPC membership list XD

Records Retention and Disposition Schedules – Kansas Historical Society

Record Disposition

P: Permanent Storage (can be in electronic format)

D: Destroy

PUBLIC INQUIRIES AND AWARENESS

Section 324 of EPCRA provides the public access to information gathered under the law. The

section requires all lists of MSDS chemicals, hazardous chemical inventory forms, toxic release

inventories (TRIs), follow up spill notices, and the emergency response plan be made available

to the public during normal working hours. This applies to the LEPCs as well as the CEPR. The

LEPC must publish a notice annually to inform the public of the availability and location of the

information. EPCRA was specifically written with the citizens in mind. It is based on the

principle that the more they know about hazardous chemicals in their community, the better

prepared their community will be to manage these potential hazards and to improve public safety

and health. An example of an EPCRA Public Notice can be found in Appendix I.

According to national LEPC surveys, LEPCs receive few requests for data submitted by

industries. There seems to be a lack of public interest in the data generated under EPCRA.

Therefore, LEPCs must strive to devise more creative ways to disseminate and interpret

information on chemical risk to the public. Appendix H provides ideas on awareness projects for

the public.

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LEPC ACTIVITIES

To satisfy the letter of the law, LEPCs need only to do what is listed in the section of this

handbook about duties and responsibilities. But there is much more that needs to be done. LEPCs

can do much to safeguard the health and welfare of the citizens within their jurisdiction by

undertaking projects or activities that enhance the public awareness of, and government’s

capability to respond to, hazardous materials incidents and natural disasters. More information

and suggestions on LEPC activities can be found in Appendix H.

FUNDING LEPC ACTIVITIES

When Congress passed EPCRA, it did not provide funding for LEPCs. Thus, state and local

governments must find creative ways to fund LEPC programs. The cost of implementing

EPCRA at the LEPC level will vary, depending on the extent of program development, as well as

other factors. Communities have found a wide range of solutions to the funding problem.

Examples of some solutions can be found in Appendix J.

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PART V: REPORTING REQUIREMENTS FOR FACILITIES WITH

HAZARDOUS MATERIALS

TYPES OF HAZARDOUS MATERIALS SUBJECT TO REGULATION

There are five groups of chemicals subject to emergency planning and reporting requirements

under the Emergency Planning and Community Right-to-Know Act (EPCRA) and Kansas

Emergency Planning and Right-to-Know Acts.

1. EXTREMELY HAZARDOUS SUBSTANCES (EHSs). This list currently contains

364 chemicals. Because of their extremely toxic properties these chemicals were chosen

to provide an initial focus for chemical emergency planning. In Kansas, the presence of

EHSs in quantities above the threshold planning quantity (TPQ) or 500 pounds,

whichever is greater, requires the submission of a chemical inventory report to the LEPC,

local fire department, and CEPR (Kansas Department of Health and Environment,

KDHE, accepts the chemical inventory report on behalf of the CEPR). The EHS list, with

TPQs (threshold planning quantities) and RQs (reportable quantities) are listed in 40 CFR

Part 355, Appendices A and B. Because of the hazards they pose, any release of an EHS,

greater than the RQ, must be reported immediately to designated federal, state, and local

emergency response officials.

2. HAZARDOUS SUBSTANCES. These are listed under the Superfund hazardous waste

cleanup Act (Section 103 (a) of the Comprehensive Environmental Response,

Compensation, and Liability Act (CERCLA). The current list contains approximately 720

chemicals (40 CFR Part 302). Release of these chemicals above certain RQ amounts

must be reported immediately to federal, state, and local agencies because they may

represent an immediate hazard to the community or environment.

3. HAZARDOUS CHEMICALS. These are not included on a specific list, but are defined

by the OSHA Hazard Communication Standard in 29 CFR Section 1910.1200, as

chemicals which represent a physical or health hazard. Inventories of these chemicals

must be submitted to the CEPR, LEPCs, and local fire department if they are present at

the facility in quantities of 10,000 pounds or more at any one time during the year. These

chemicals are reported on March 1 on the annual Tier II report. In Kansas, the

Department of Health and Environment, Bureau of Air and Radiation, receives the Tier II

reports. Material Safety Data Sheets (MSDS) for these chemicals must also be submitted

if requested. EPCRA lists some exemptions to inventory reporting for certain foods,

household items, products used in routine agricultural operations, and other substances.

4. TOXIC CHEMICALS. There are now more than 700 chemicals or chemical categories

identified as toxic chemicals. They were selected by Congress primarily because of their

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chronic or long-term adverse effects on human health. Estimates of the releases of these

chemicals into the environment (air, land, or water) must be reported annually to the

CEPR and the EPA. The list of toxic chemical is contained in 40 CFR Part 372.

5. RISK MANAGEMENT PLAN LIST OF TOXICS AND FLAMMABLES. There are

a total of 140 regulated substances on the list promulgated in 1994 (77 toxics and 63

flammables). Inventories of these chemicals above established thresholds in a process at a

facility trigger the development and submittal of Risk Management Plan (RMP). The list

is found in 40 CFR Part 68.

The EPA has compiled a listing of chemicals subject to reporting entitled Title III List of Lists.

This document identifies hazardous substances subject to reporting requirements of EPCRA,

CERCLA, and CAA section 112r. Please note that this list does not cover all the hazardous

chemicals subject to inventory reporting under federal regulations because OSHA regulates some

70,000 chemicals under its hazard communication standard.

Any spill or release of a hazardous substance, listed in the Title III List of Lists, must be reported

to Kansas Division of Emergency Management (KDEM) if the reportable quantity is exceeded.

In addition, Kansas Regulation K.A.R. 28-48 as authorized by K.S.A. 65-171d explains what is

reportable to Kansas Department of Health and Environment (KDHE). To satisfy the

requirements of K.A.R. 28-48-2 all spills that impact the soil or waters of the state must be

reported to KDHE. Appendix K provides more information on spill reporting requirements in

Kansas.

SPILL NOTIFICATION FORM

Kansas has developed a spill notification document called a “Form A; this document is for

hazardous materials incidents, accidental releases and continuous release notifications. It is

recommended that industry, Emergency Managers, LEPCs and first responders maintain a copy

of the “Form Afor reporting hazardous material release incidents, orphan drums (drums or

containers of chemicals dumped at the side of the road), unknown spills, citizen complaints, etc.

Initial notification of a hazardous substance release must be made verbally via telephone or radio

to KDEM and the LEPC. KDEM will issue a confirmation number to the caller and instruct the

spiller to complete the Spill Notification Form (a.k.a “Form A) online at

http://spillreporting.kansastag.gov. If web access is not available, the “Form Amay be faxed

into the Kansas Division of Emergency Management at (785) 274-1426. A copy of the “Form

Amust be sent to the LEPC where the spill occurred. A paper version of the “Form Ais

provided in Appendix K. The form can also be downloaded from the KDEM webpage:

http://www.kansastag.gov/KDEM.asp?PageID=175

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The “Form Ais a support document to the initial verbal notification. The Form A may be

updated and used as the written after action report for an incident, ONLY IF it is updated with

all information after the incident has concluded all the required information on actions taken to

respond to and contain the release.

LEPCs can become registered users on the on-line spill reporting database. By becoming a

registered user, LEPCs can have access to summary reports for hazardous materials spills that

have occurred in their county. To request a username and password from KDEM’s Spill

Coordinator, please call (785) 274-1423.

HAZARDOUS SUBSTANCE INVENTORY REPORTING

There are fixed facilities in every county in Kansas that use, produce and/or store hazardous

substances. LEPCs need to be aware of all the facilities in their district and especially the ones

handling EHSs. Facilities may be privately or government owned and all are subject to at least

some provisions of the law. They could include farm operations, pesticide applicators and

dealers, seed and grain companies, and fuel vendors. Federal, state, and local government

facilities may be covered in the areas of drinking water systems, wastewater treatment facilities,

ammonia refrigeration systems, utilities, and other areas. The ambiguity exempting federal

facilities from EPCRA reporting was closed by a Presidential Executive Order 12856, dated

August 3, 1993.

HAZARDOUS SUBSTANCE INVENTORY REPORTS

1. Identification of Facilities Subject to Special Planning Requirements

a. Tier II forms should be submitted to the LEPC and the Kansas Department of

Health and Environment (KDHE) when the facility has sufficient EHSs to warrant

reporting. KDHE is the designated agency to receive the Tier II forms on behalf

of the Commission on Emergency Planning and Response (CEPR).

b. All facilities must submit information about the types and amounts of chemicals

present if requested by the fire chief or the LEPC.

2. Annual Chemical Inventory Reporting

a. Covered facilities must annually submit a Tier II form to KDHE, LEPC, and the

local fire department.

b. Covered facilities must submit MSDSs if requested by above agencies.

c. The annual Kansas Tier II report and filing fee must be submitted to KDHE by

March 1 of each year.

i. Section 311 must be filed within 90 days of acquiring new hazardous

chemicals.

ii. Section 312 by March 1 of each year for the previous calendar year.

iii. Changes must be submitted within 60 days.

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3. Yearly Toxic Chemical Release Reporting

a. Covered facilities submit written Toxic Chemical Release Inventory Form A(s) or

R(s) to EPA’s Central Data Exchange (CDX) via the internet at www.epa.gov/cdx

and KDHE by July 1 of each year for the previous calendar year (Section 313 of

EPCRA; 40 CFR 372).

EMERGENCY RELEASE NOTIFICATION

Spill or release reporting by the covered facilities or transporters of any release of an EHS listed

in 40 CFR 355 or a hazardous substance listed in 40 CFR 302 which meets or exceeds the

threshold Reportable Quantity (RQ). The owner/operator shall immediately provide the

information required by 40 CFR 355.

1. Covered facilities or transporters must make immediate notification to an emergency 24-

hour phone number designated by each LEPC, the CEPR (785-296-8013 or 800-275-

0297) and the National Response Center (NRC) (800-424-8802). The Kansas Division of

Emergency Management receives the emergency release notifications on behalf of the

CEPR.

2. Written follow-ups must be filed with KDEM and the LEPC. The Form A or a written

letter with all of the required information needs to be submitted.

3. After transportation incidents involving hazardous substances, carriers must also submit a

written report to KDEM and the LEPC.

4. If the spill impacts the soil or waters of the state, KDHE, Bureau of Remediation must

also be notified (785-296-1679).

RISK MANAGEMENT PROGRAMS [Clean Air Act Section 112(r)]

Section 112 (r) of the Clean Air Act mandates a new federal focus on the prevention of chemical

accidents. Under these requirements, industry has the obligation to prevent accidents, operate

safely, and manage hazardous chemicals in a safe and responsible way. The government, the

public, and many other groups also have a stake in chemical safety and must be partners with

industry for accident prevention to be successful.

EPA Final Rules for Risk Management Programs

On January 31, 1994, EPA promulgated a list of 140 substances and associated threshold

quantities that determine who must comply with the new regulations. The list consists of acutely

toxic substances, flammable gases, and volatile liquids. Any source with more than a threshold

quantity of a listed “regulated substancein a single process, must comply with the regulation. It

is important to note that the rules state that the threshold quantity is determined by the maximum

amount of a substance “in a process, not the maximum quantity on site.

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On June 20, 1996, EPA promulgated rules and guidance for chemical accident prevention.

These rules include requirements for sources (facilities) to develop and implement risk

management programs that incorporate three elements: a hazard assessment, a prevention

program, and an emergency response program. These programs are summarized in the risk

management plans (RMP). It is important to note that full updates and resubmissions of RMPs

are required at least once every five years. It is very important for LEPCs to be familiar with

these changing federal rules since they will clearly be affected by them.

Risk Management Plan (RMP) Basics

Sources (facilities) with a regulated substance above the threshold quantity are required to

address these elements in their risk management planning:

An off-site consequence analysis that evaluates specific potential release scenarios,

including worst-case and alternate scenarios.

A five-year accident history of releases of regulated substances.

An integrated accident prevention program.

An emergency response program.

An overall management system to supervise the implementation of these program

elements.

A risk management plan (RMP), revised at least once every five years, which

summarizes and documents these activities for all covered processes.

At a minimum, LEPCs can expect to get involved in the following areas of the RMP rule:

1. Emergency Response Program of the final rule, which requires the owner or operator of a

covered facility to provide the name and telephone of the local agency with which the

facility emergency response plan is coordinated. Facilities may have approached LEPCs

with requests for the mentioned coordination. LEPCs should familiarize themselves with

those emergency response plans.

2. LEPCs should make a point of reviewing at least the executive summary of all the risk

management plans submitted by facilities within their LEPC planning areas. Not only

will you find a short summary of the entire facility plan, but you will read about future

changes planned to improve safety.

3. LEPCs should review the hazard assessments provided by the facilities. The vulnerable

zones may add significantly to the planning efforts of the LEPC.

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PART VI: HAZARDOUS MATERIALS RESPONSE OPTIONS

INTRODUCTION

Both federal and state statutes indicate the person responsible for the spill must respond and

remove the hazardous materials. Local governments, however, must be prepared to implement

appropriate notification and response actions in order to save lives and property during a spill

involving hazardous materials. The capabilities to do this vary greatly; however, state and

federal resources are available to assist local governments.

Local Response

Most jurisdictions assign the responsibility of hazardous substance spills response to the local or

district fire department. Proper training and equipment necessary for hazardous substance

response is costly in manpower and dollars, so capabilities vary considerably across the state.

Some jurisdictions have special HazMat teams which can respond to incidents where general

firefighters cannot.

State Response

The Kansas State Fire Marshal’s Office has established contracts between individual local fire

departments and their office for HazMat teams. The fire departments agree to provide team

members and regional response outside their local jurisdiction and the State Fire Marshal’s

Office provides training and equipment at no cost to the department. The State Fire Marshal’s

Office also reimburses all costs associated with actual HazMat responses.

The twelve regional response teams, consisting of nationally accredited hazardous materials

technicians, are fully equipped to enter the area immediately surrounding the hazardous material

in order to monitor the environment and mitigate the incident. The regional response teams

comprise a network and are able to support each other with personnel and or equipment when

needed. These teams can respond to most areas in Kansas within an hour or less in order to

address HazMat incidents and accidents as well as terrorist events involving chemical,

biological, radiological, or nuclear (CBRN) products.

The regional response teams are located in the following areas: Coffeyville, Colby, Emporia,

Ford County, Hays, Manhattan, Overland Park, Salina, Sedgwick County, Seward County,

Topeka, and Wellington.

HazMat Contractors

Some jurisdictions have contracted with private industry for the provision of emergency response

or remediation services at hazardous substance spill sites. If the jurisdiction is willing to bear the

cost of these contracts, they should arrange for them prior to an incident, and incorporate these

contracted services into the local emergency operations plan.

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REIMBURSEMENT OPPORTUNITIES

Although LEPCs cannot be reimbursed for expending any funds in a hazardous materials

incident, there are alternative options for recouping expenses. Section 123 of the Comprehensive

Environmental Response, Compensation, and Liability Act (CERCLA), authorizes EPA to

reimburse local governments for expenses incurred in carrying out temporary emergency

measures in response to hazardous substance threats. These measures are defined as those

necessary to prevent or mitigate injury to human health or the environment from a release or

threatened release of a hazardous substance, pollutant, or contaminant. This specific program is

called the Local Governments Reimbursement (LGR) Program. Through this program, the EPA

has reimbursed local governments for releases from transportation accidents, dumped wastes, tire

fires, and contamination from drug labs. Releases of oil-related products are not covered, unless

the oil is mixed with a hazardous substance. The LGR program provides a “safety netof up to

$25,000 per incident to local governments that do not have funds available to pay for response

actions. To determine eligibility, requirements, and to obtain an application or more information

on the LGR program, visit the EPA website. Below are a few success stories where the LGR

program was able to assist the local governments.

LGR Success Stories

Wichita, Kansas – Hazardous Materials Response

Late evening, May 24, 2009 – a cook sat in his kitchen mixing up a batch of methamphetamine.

Given his lack of chemistry skills, something went terribly wrong and flames burst out in his

home. Wichita, Kansas first responders arrived on the scene, contained the fire and secured the

site. Although the responsible party was charged with manufacturing the drug, he was uninsured

and unable to pay the response costs. As a result, the LGR program provided the City of Wichita

with a full award of $2,036.83 to help pay for materials and overtime costs. (Application 1521)

Gadsden, Alabama – Hazardous Materials Response

On a cold morning in March 2008, the Gadsden-Etowah County Emergency Management

Agency in Alabama received a call from the City of Gadsden’s Public Works Department

alerting them about an illegal chemical dump. Local HazMat were called and responded to the

scene where they secured the area and assisted with the cleanup and decontamination of the site.

Unable to locate the responsible party, Gadsden incurred over $36,000 in expenses related to the

response. As a result, the City had to draw upon unbudgeted funds to pay for the incident. The

LGR program provided a full award of $25,000 to the City of Gadsden which the City applied to

contractor costs associated with the response. (Application 1495)

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Wahpeton, North Dakota – Chemical Fire

In the early morning hours of February 18, 2008, members of the Wahpeton, North Dakota Fire

Department arrived on the scene of a large industrial fire at a chemical plating plant. It took

several hours for firefighters to battle the blaze, contain the fire and secure the scene.

Responding to the fire cost the City of Wahpeton nearly $45,000 which Wahpeton was unable to

recover from the facility or other potential sources. In an attempt to determine how to pay for this

unexpected incident, Wahpeton learned about the LGR program and applied for reimbursement.

The City received a full award of $25,000 which helped cover the costs of materials and

equipment damaged or destroyed during the response. (Application 1492)

Calloway County, Kentucky – Mercury Spill

A commotion broke out at East Calloway Middle School in early November 2006 after a student

accidentally released mercury on a school bus and proceeded to contaminate school grounds.

Students, teachers and staff were inspected for contamination and a contractor was called to

assist with the cleanup and decontamination of the school. Calloway County, Kentucky incurred

close to $50,000 in expenses related to this response. Since students were the responsible party

and did not have the means to pay for the incident, the Local Governments Reimbursement

(LGR) program provided Calloway County with a full award of $25,000 which the County

applied to contractor costs associated with the incident. (Application 1472)

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APPENDICES

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APPENDIX A

Sample LEPC Bylaws

BYLAWS

OF

THE ___________ COUNTY LOCAL EMERGENCY PLANNING COMMITTEE

ARTICLE I

NAME AND PURPOSE

Section 1. Name. The name of this organization shall be the _______________ County Local

Emergency Planning Committee, hereinafter referred to as the “LEPC.

Section 2. Purpose. The purpose of the LEPC are those set out in SARA Title III/EPCRA and

any other lawful purposes which are assigned to it or permitted by the County, Tribe or District

Commissioners, and/or the Commission on Emergency Planning and Response (CEPR), which is

formerly known as the State Emergency Response Commission (SERC) in Kansas. In keeping

with the intent of the SARA Title III/EPCRA regulations, all activities of the Committee will be

conducted in a manner encouraging input and participation from all segments of the community.

The LEPC will develop an all-hazards emergency response and preparedness plan for the

planning district and establish procedures for conducting its public information and education

responsibilities. The plan shall be reviewed and updated as necessary on a regular annual basis,

in accordance with Section 303 of SARA Title III.

The LEPC shall, in addition:

1. Receive and process requests for information from the public.

2. Notify the public of all LEPC meetings or activities.

3. With the information and reports from facilities operating within the jurisdiction

of the LEPC, and analysis of the district’s transportation risks, the LEPC will

perform an all-hazards analysis.

4. Establish and maintain a database of hazardous chemical locations and quantities

in the district.

5. Establish and maintain a system of data management.

6. Maintain information on ALL facilities that manufacture, or store, Extremely

Hazardous Substances (EHS), and include this information within the emergency

response and preparedness plan.

The LEPC will establish, and notify the public that all meetings, including sub-committee and ad

hoc committee meetings, are open to the public. The LEPC will implement such other and

related activities as may hereafter be legally required by the federal government, the Commission

on Emergency Planning and Response (CEPR), or the county council. The LEPC will make

assessments of resources necessary to implement the emergency operations plan, and make

recommendations to appropriate people, agencies, and organizations regarding additional

resources needed to implement the plan. The LEPC shall be instrumental in fulfilling the purpose

Bylaws can be

adapted to meet

the needs of your

jurisdictionthis is

simply an example

LEPC Handbook SEPTEMBER 2011

34

of the Community Right-to-Know laws to increase the protection of the community from

exposure to chemicals produced, used, stored, and/or transported within the planning district.

Transportation hazards analysis will include those risks to the district from commercial

transportation by rail, highway, aircraft and waters of commerce.

ARTICLE II

MEMBERSHIP

Membership will at all times include, at a minimum, representatives of the groups listed in

Section 301 of SARA Title III. This includes equal representation of elected state and local

officials, law enforcement, emergency management, firefighting personnel, first aid/EMS

personnel, health personnel, local environmental personnel, hospital personnel, transportation

personnel, broadcast and print media personnel, community groups and owners or operators of

local facilities. The members shall be nominated by County Commissioners and will be

approved by the CEPR. Membership updates will be provided to the CEPR on an annual basis

or whenever there is a change in membership.

Section 1. Qualification. The organization shall consist of those members nominated by the

County Commissioners and approved by the CEPR for membership in this body. Those people’s

names shall represent the various professional and community groups as designated by EPCRA.

Members of the LEPC shall be residents or conduct business in the jurisdictional area of the

LEPC.

Section 2. Officers. Officers shall be elected to conduct meetings, appoint subcommittees, keep

minutes, and to otherwise accomplish the work of the committee.

Section 3. Terms of Office. The membership of the LEPC, once established, will be for a

period of ___year(s). Members may be selected to succeed themselves or to move to other

positions on the LEPC. No term limits are established for this jurisdiction. The term of office

shall be provided in Article III, Section 3.

Section 4. Inactive Members. Appointed members shall be considered inactive when they have

missed more than ____ (insert number) consecutive Committee meetings without notification to

the Committee Chair or staff office of significant reasons why they were unable to attend

meetings. The annual report listing members declared inactive will be provided to the County

Commissioners and the CEPR.

Section 5. Vacancies. Any vacancy occurring in the LEPC by reason of the resignation, death

or disqualification of a member will be filled by appointment in accordance with Article II,

Section 1. The Executive Committee may make suggestions for candidates to fill vacant

positions to the County Commissioners who will make the recommendation to the CEPR for

approval.

Section 6. Duties. The LEPC shall assist established emergency planning offices within the

county with planning emergency response and public information as directed by laws.

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Section 7. Meetings. The LEPC shall meet at least _______. The Chairperson may call special

meetings of the LEPC at such time and place as the Chairperson may determine. The

Chairperson must call a special meeting of the LEPC upon the written request of ____members.

The special committees shall meet as the work under their groupings proceeds.

Section 8. Quorum. The presence of _____ percent of the members of the LEPC at the opening

of the meeting shall constitute a quorum for the transaction of business by the LEPC. For the

purposes of Standing Committee meetings, the presence of ___ members shall constitute a

quorum for the transaction of business.

Section 9. Agenda. Any member may request that the Chairperson place an item on the meeting

agenda. If the chairperson should decline to do so, a member may have such item placed on the

agenda by submitting it in writing to the Chairperson with support signatures of ___ members of

the Committee.

Section 10. Rules of Order. The deliberations of all meetings of the LEPC and its subcommittees

shall be governed by Robert’s Rules of Order, Newly Revised.

Section 11. Notice of Meetings. An annual notice of the regular meeting schedule of the LEPC

shall be published in a newspaper with regular circulation in _________ County in accordance

with SARA Title III (EPCRA). This notice shall specify the meeting designated specifically for

the receipt of public comments on the emergency plan.

ARTICLE III

OFFICERS

The Officers of the LEPC shall be a Chairperson, Vice-Chairperson, and a Secretary-Treasurer

who shall be elected by the committee as a whole in a manner herein provided. All officers shall

be members of the LEPC.

Section 1. Nomination and Election of Officers. Prior to the expiration of the officer’s term of

service, nomination and election of officers shall occur. Nominations will be accepted from the

floor for the positions of Chairperson, Vice-Chairperson, and Secretary-Treasurer. The election

shall be by ballot, except that when there is only one nomination for each office, election may be

by voice vote. These officers shall be selected by the majority of the members of the LEPC

present and voting at the meeting.

Section 2. Term of Office. The term of the officers elected at the organizational meeting shall

expire on December 31, _____. Thereafter, the term of the officers shall be for a period of ___

year(s).

Section 3. Chairperson. The Chairperson shall preside at all meetings of the LEPC; shall serve

as ex officio member of all committees; and shall perform such duties and acts as necessary to

accomplish the goals of the LEPC. The Chairperson shall be empowered to create such other ad

hoc committees as necessary to accomplish the goals of the LEPC.

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Section 4. Vice-Chairperson. Upon resignation or death or in the absence of the Chairperson,

the Vice-Chairperson shall perform the duties of the Chairperson. The Vice-Chairperson shall

perform such other duties as may be assigned by the Chairperson.

Section 5. Secretary-Treasurer. The Secretary-Treasurer in cooperation with the Information

Coordinator shall be the custodian of all books, papers, documents and other property of the

LEPC. The Secretary-Treasurer shall keep a true record of the proceedings of all meetings of the

LEPC. Additionally, the Secretary-Treasurer in conjunction with the Information Coordinator

shall attend to the business needs of the LEPC and shall maintain an accurate record of all

monies received and expended for the use of the LEPC.

Section 6. Information Coordinator. The LEPC will appoint an Information Coordinator. The

Coordinator shall process requests from the public for information under Section 324 (Right-to-

Know), including Tier II information under Section 312. Additionally, the Coordinator shall

assist the Secretary-Treasurer in records management and financial matters. The Information

Coordinator shall be a non-voting member of all committees and the LEPC.

ARTICLE IV

SUBCOMMITTEES

(OPTIONAL)

Although subcommittees are not required, dividing the work among them can facilitate

planning and data management.

Section 1. Executive Committee. The Executive Committee will consist of the Chairperson,

Vice-Chairperson, Secretary-Treasurer, and Chairpersons of the four standing committees as

described in Section 2. The Information Coordinator shall serve as a non-voting member of this

committee. The duties of the Executive Committee shall be to coordinate activities of the

Standing and Ad-Hoc Committees.

Section 2. Standing Committees. The following Standing Committees shall be established:

A. Right-to-Know Committee. This Committee shall be responsible for the formulation of

all policies and procedures concerning the public’s right-to-know program; the

formulation of all chemical release reporting procedures; the establishment of trade secret

protection procedures; and the formulation of all record keeping and information

dissemination procedures for the LEPC.

B. Public Education and Information Committee. This Committee shall be responsible for

reviewing the public alert and notification program; public relations with affected

communities and public at large; all publicity of the LEPC; development of public

education and information program.

C. Hazardous Materials Facilities Liaison Committee. This Committee shall be

responsible for procedures for identification and communication with affected facilities.

This Committee shall work with the Emergency Response and Resources Committee and

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with affected facilities to review and help the local emergency management office(s) test

a hazardous substance emergency response plan for the planning district as required by

law.

D. Emergency Response and Resources Committee. This Committee will work with the

Hazardous Facilities Liaison Committee and with existing emergency response

organizations in jurisdictions within the planning district to review and help the local

emergency management office(s) test emergency response plans for the planning district

as required by law. This Committee shall review existing federal, state and local plans for

the purpose of coordination with the LEPC planning process.

Section 3. Meetings. Meetings of the Standing and Ad Hoc Committees may be called by the

Chairperson of the LEPC or the Chairperson of the Committee as deemed necessary.

Section 4. Chairperson of the Standing Committees. The Chairperson of the Standing

Committees shall be nominated and elected by their respective Committees. Voting shall be

conducted as provided in Article III, Section 2.

Section 5. Membership of Standing Committees. All members must volunteer to serve on at

least one Standing Committee and shall not serve on more than two Standing Committees. Final

membership of the Standing Committees shall be determined by the Chairperson after

consultation with the Executive Committee to ensure that all Committees have sufficient

manpower to carry out their assigned tasks.

Section 6. Ad Hoc Committees. The Chairperson may create Ad Hoc Committees as necessary

to perform the functions of the LEPC. Chairpersons of Ad Hoc Committees shall be appointed

by the Chairperson of the LEPC.

ARTICLE V

MISCELLANEOUS PROVISIONS

Section 1. Fiscal Year. The fiscal year shall be considered to run from October 1 to September

30.

Section 2. Indebtedness. All indebtedness incurred by the LEPC shall be approved by the

Chairperson before payment by the Secretary-Treasurer.

Section 3. Approval of By-Laws. These by-laws shall become effective upon approval by a

majority of those in attendance at the organization meeting.

Section 4. Disqualification. Any member who is unable to attend a meeting of the LEPC may

notify the Secretary-Treasurer or Information Coordinator. Any member with ___ or more

absences is subject to disqualification at the request of the LEPC to the county council and the

CEPR.

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ARTICLE VI

AMENDMENTS

Section 1. Amendments. These by-laws may be amended by a two-thirds vote of members

present and voting at any meeting of the LEPC provided that any amendments to these by-laws

be submitted to the members in writing at least one week in advance of the meeting. Any

member of the LEPC shall have the right to comment on or suggest revision to the by-laws.

ARTICLE VII

RULES

EPCRA requires that the LEPC “shall establish rules by which the committee shall function.

Such rules shall include provisions for public notification of committee activities, public

meetings to discuss the emergency plan, public comments, response to such comments by the

committee, and distribution of the emergency plan.The final rules are attached to these bylaws.

Section 1. Adoption of Rule; Publication of Proposals. The LEPC may, as necessary and

proper, adopt rules of general application governing the execution of responsibilities under

EPCRA and related applicable regulations. Such rules must first be published in proposed form

not less than 10 days prior to final adoption by the LEPC. Proposed rules are subject to public

comment during the 10-day period. The LEPC Information Coordinator is encouraged, but not

required, to mail notices of the proposed rule-making to interested local government officials,

industries, and citizens.

Section 2. Method of Initiating proposed Rule-Making. Any member of the LEPC may

recommend the initiation of proposed rule-making. Any proposed rules shall initially be

considered by the Executive Committee, unless otherwise decided by the LEPC. If the Executive

Committee, by majority vote approves the proposed rule, it shall thereafter proceed to

publication as provided in the preceding section.

Section 3. Method of Adopting Final Rules. Following the expiration of the 10-day comment

period, the Executive Committee shall review all public comments and prepare a statement that

responds to comments and discusses the basis for any appropriate changes to the proposal. The

Executive Committee shall present such statement to the LEPC. The LEPC shall then vote on the

adoption of the proposed rule. If the vote is favorable, the rule shall take effect immediately upon

the time and date the notice of adoption is first published.

Section 4. Notice of Adoption. Upon adoption of any rule by the LEPC, the Information

Coordinator shall also publish the LEPC’s response to comments received and any changes to

the proposal made in response to such comments. Publication of the final rule shall be in the

same manner as that for the proposed rule.

Section 5. Emergency Rules. In emergency circumstances, the LEPC may adopt rules without

prior public notice and comment, provided that no such rule will remain in effect for more than

90 days.

LEPC Handbook SEPTEMBER 2011

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FINAL RULES

Definitions

Unless otherwise stated, all terms herein shall be defined in accordance with the definitions

provided in the Title III of the Superfund Amendments and Reauthorization Act of 1986,

PL 99-499, (the “Act) and regulations adopted in accordance therewith.

Public Notification and General Participation

A. All meetings of the LEPC or any subcommittee thereof shall be open to the public,

except under circumstances where the TOMA permits otherwise. The Chairperson shall

afford a reasonable period of time at the beginnings of each regular monthly meeting to

accept oral public comments on any aspect of the LEPCs mission or functions.

B. Not less than once each calendar year, the LEPC shall publish, through print or

electronic means, in _______________ County a notice that written public comment is

invited during a thirty-day period on any aspect of the LEPCs organization,

membership, functions, planning process or purpose. Such notice shall comply in all

respects with Section 324(b) of the Act and present a brief explanation of the LEPCs

statutory purpose, the location of LEPC minutes and other records, and the name and

address of the person designated to receive written comments.

The LEPC shall review all comments received and shall publish, in the manner

described in subsection A of this section, responses to major issues raised in such

public comments. Nothing herein shall require the LEPC to response to each and every

comment received.

LEPC Participation in the Planning Process

A. The Kansas Emergency Management Act, as amended, requires each local and interjurisdictional

agency to prepare and keep current an emergency management for its

area.

Public Access to Information

A. In accordance with Section 324 of the Act, all information obtained from an owner or

operator pursuant to EPCRA and any requested Tier II form or the Material Safety Data

Sheet (MSDS) otherwise in possession of the Committee shall be made available to the

person submitting the request under this section, provided upon request of the owner or

operator, the Committee shall withhold from disclosure the location of any specific

chemical identified in the Tier II form.

B. All information requested to be photocopied by any member of the public, shall be

provided at the sole expense of such persons. The cost of such photocopying shall be

LEPC Handbook SEPTEMBER 2011

40

set from time to time by the Information Coordinator, with the approval of the

Executive Committee, at a level, which will enable the LEPC to recover all reasonable

expenses associated with processing the request.

Copies of the LEPC bylaws, proposed rules or rules shall be provided at no charge to

the public, although the Information Coordinator is authorized to recover reasonable

expenses for photocopying in the case of requests for multiple copies made by any

single individual or entity.

C. Request for MSDS and Other Non-Confidential Information

1. Any person may obtain a MSDS with respect to a specific facility by

submitting a written request to the Committee’s Information Coordinator.

2. Any person may obtain any other non-confidential information in the

possession of the Committee by submitting a written request to the

Committee’s Information Coordinator.

3. If the Committee does not have in its possession the MSDS or other

information requested in subsections C1 or C2 of this section, it shall request a

submission of the MSDS from the owner or operator of the facility that is the

subject of the request. The Committee will only make requests to specific

facilities for information, which it is required to maintain or collect pursuant

to applicable law.

D. Requests for Tier II Information

1. Any person may request Tier II information with respect to a specific facility

by submitting a written request to the Committee in accordance with the

requirements of this section.

2. If the Committee does not have in its possession the Tier II information

requested in subsection D1 of this section, it shall request a submission of the

Tier II form from the owner or operator of the facility that is the subject of the

request, provided that the request is from a state or local official acting in his

or her official capacity or the request is limited to hazardous chemicals stored

at the facility in an amount in excess threshold planning quantities.

3. If the request under subsection D1 of this section does not meet the

requirements of subsection D2 of this section, the Committee may request

submission of the Tier II form from the owner or operator of the facility that is

the subject of the request if the request under subsection D1 of this section

includes a general statement of need.

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E. Trade Secrets. Except as provided in this section, all information submitted to the

LEPC by facilities pursuant to EPCRA shall be public information. Other than a claim

designated in this section, the LEPC will not honor any business confidentially or trade

secret claims. Pursuant to Section 312 and Section 214(a) of the Act, the location of

specific chemicals requested to be submitted with Tier II information shall be

maintained as confidential by the LEPC provided that a claim of confidentiality is

submitted with the information and satisfies all applicable requirements for such claims

under EPCRA and any regulations promulgated pursuant to the same. Such information

shall be exempt from disclosure by the LEPC permanently or until such time as:

1. An authorized governmental agency, and if applicable, a court or competent

jurisdiction makes a final determination following any appeals, that such

information not subject to a valid claim of business confidentiality or trade

secret; and

2. The LEPC receives a written notice of such determination.

THIS DOCUMENTS THE CONSTITUTION AND BY-LAWS OF ____________

COUNTY LOCAL EMERGENCY PLANNING COMMITTEE (LEPC) ADOPTED AT

THE REGULAR MEETING OF THE LEPC ON THIS THE ______ DAY OF

___________, IN THE YEAR _________.

LEPC CHAIRPERSON (PRINTED)

LEPC CHAIRPERSON SIGNATURE/DATE

CHAIRMAN, COUNTY COMMISSIONERS

(PRINTED)

CHAIRMAN, COUNTY COMMISSIONERS

SIGNATURE/DATE

LEPC Handbook SEPTEMBER 2011

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LEPC Handbook SEPTEMBER 2011

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APPENDIX B

EXAMPLES OF LEPC MEMBERSHIP

State/Local Official Commissioner, Sheriff, County Clerk, County

Attorney, Mayor

Law Enforcement Police Officers, Police Chief, Sheriff, Deputies

Firefighting Fire Chief, Firefighters

Emergency Management Emergency Preparedness Coordinator,

Emergency Coordinators for Businesses

Health County Health Dept, Doctors, Mental Health

Hospital Hospital Administrator/Director

Broadcast Media/

Communications Media

Newspaper, Website Developer, Public

Information, RACES, Ham Radio Club, local

weather reporters

Emergency Medical Services Director of County Ambulance, EMS Technicians

Transportation Highway Dept, School Bus Director, Airport

Authority, trucking company, transit

Local Environmental Group

County Extension Office, Noxious Weed Dept,

Sierra Club, Conservation Groups, Audubon

Society

Community Group

Red Cross, Salvation Army, Special Needs

groups, Humane Society, Ministerial Alliance,

Chamber of Commerce, Garden Club, Rotary

Club, Kiwanis, Lion’s Club

Facility Owners/Operators Any representative from a facility using/storing

hazardous materials within your county

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APPENDIX C

Sample Invitation Letter to Request Participation on LEPC

[County Letterhead]

[Date]

[Name]

[Address]

Re: Local Emergency Planning Committee

Dear [Enter Name]:

As you may be aware, [County] government is required under the federal Emergency Planning

and Community Right-to-Know Act to have a Local Emergency Planning Committee (LEPC).

The activities of this committee include maintenance of an Emergency Operations Plan for

natural disasters and chemical accidents, receiving chemical reports from subject facilities, and

making that information available to the public.

Currently, [County] LEPC is reorganizing and soliciting individuals for participation. Since your

facility is subject to the reporting provisions of EPCRA and plays a vital role in the emergency

planning process, it would be valuable to have an individual from your facility become an active

member on [County] LEPC. I would like to extend an invitation for your facility to participate.

Please notify me as soon as possible with your response, such expertise and knowledge would be

of great value to the LEPC.

The LEPC meets [Number] times per [Month, Quarter, Year] at [Time] on the [Number] day of

the month. The meetings begin promptly and last no more than [Number] hours unless there is a

special presentation or a special situation that needs to be addressed.

My mailing address is [Address] or you can contact me by email at [Email Address] or reach me

by phone at [Phone Number].

Sincerely,

LEPC Chairperson

cc: *

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APPENDIX D

LEPC Self-Evaluation Tool

The following checklist has been developed for the sole purpose of conducting a self-assessment of your

LEPC. Below are criteria used for evaluating a LEPC. Place a check mark next to each item completed by

the LEPC. Total the number of check marks in the “YEScolumn to evaluate your LEPC. These tools are

for internal LEPC use only.

LEPC STRUCTURE AND ORGANIZATION YES NO N/A

1 Achieved genuinely broad-based and balanced membership?

2 Adopted by-laws?

3 Hold regular, well-attended meetings (at least quarterly)?

4

Ensured LEPC meetings are accessible and well-publicized

(time, place, publicity)?

5 Provide LEPC members advance agendas and written minutes?

6 Submits annual membership list to CEPR?

7

Organized active subcommittees and established clear

membership roles?

8

Produced an annual report (covering trends in accidents,

hazards, enforcement, drills, site-specific risk reduction, etc)?

9

Annually submits the LEPC Compliance form to the CEPR by

December 31?

10 Focused on all-hazards?

11

Worked toward reducing vulnerability zones and accident

potentials?

12 Maintained own identity independent from the host agency?

13 Improved emergency response and mitigation?

14

Set progress objectives (funding, participation, communication,

etc) and annually evaluate progress toward achieving those

goals?

15

Secured adequate funding sources (through agency budgets,

grants, donations, etc)?

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LEPC EMERGENCY RESPONSE PLANNING YES NO N/A

16

Submitted a Local Emergency Operations Plan to the

Commission on Emergency Planning and Response?

17 Annually review and update as necessary the LEOP?

18

Coordination exists between EHS facilities and fire departments,

as well as other response organizations (police, hospitals, etc)?

19 Established alert and warning systems to notify the public?

20

Established a means to determine the severity of a chemical

release or natural disaster and the area and population likely to

be affected?

21 Identified potential shelters and evacuation routes?

22

Identified the facility emergency response coordinators for

regulated facilities within jurisdiction?

23

Maintain an inventory of emergency response resources

(equipment, facilities, and exepertise)?

24

Provided education on protective actions (evacuation/shelter-inplace)

to the public and first responders?

25 Evaluated the protective capacity of shelter-in-place structures?

26

Acknowledged the limits of emergency response capabilities for

protecting people, property, and the environment?

27

Received emergency response plans from the regulated

facilities?

28 Conducted a hazard analysis?

29 Ensured that hazard analyses are incorporated into plans?

30

Established notification procedures are in place by which facility

emergency response coordinators will notify first responders in

the event of a hazardous chemical emergency.

COMMUNITY HAZARD ANALYSIS YES NO N/A

31

Developed easily understood community maps showing EHS

facilities, vulnerability zones, transportation routes, etc?

32

Conducted a commodity flow study to identify chemicals and

volume of hazardous materials moving through the community?

33

Identified potential hazards from natural events such as flood,

tornado, earthquake, drought, winter storm, etc?

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34

Identified critical facilities, vulnerable environments, and

potentially exposed populations (e.g. schools, nursing homes,

residential areas, workers on site)?

35

Prepared or obtained worst-case and lesser release scenarios at

each EHS facility and those in transportation?

36 Assessed potential risks and developed a prioritized list?

LEPC TRAINING AND EXERCISES YES NO N/A

37

Developed emergency response drills and exercises to evaluate

the effectiveness of our LEOP?

38

Established a schedule to regularly conduct drills and emergency

response exercises?

39

Participated in the annual Training and Exercise Planning

Workshop (T&EPW)?

40

Sponsored training for fire, medical, police, hazmat teams,

hospitals, and other response personnel?

41

Held seminars for the public on the hazards within their

community and how they can protect life and property?

42

Participated in drills and exercises with regulated facilities within

the jurisdiction?

COMMUNITY RIGHT-TO-KNOW YES NO N/A

43 Publicized availability of right-to-know information?

44 Computerized data for ease of access and analysis?

45 Established a convenient information request process?

46 Provided Tier II chemical storage information as required?

47

Publicized community hazard maps with vulnerability zones

through printed or electronic media?

48

Discussed or publicized options for reducing vulnerable zones

(e.g. safer technologies)?

49

Regularly contacts each reporting facility to promote better

understanding of EPCRA requirements by the facility owner or

operator?

50 Provides information on EPCRA to new businesses?

51

Ensures that all required facilities that must annually report

extremely hazardous substance are submitting their Tier II forms?

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ACCIDENT PREVENTION YES NO N/A

52

Promoted exploration of inherently safer technologies (safer

chemicals, lower pressure or temperatures, less storage, fewer

shipments)?

53

Promoted other facility safety improvements (e.g. secondary

containment, automatic shutoffs, alarms, etc)?

54

Provided the hazard analysis to planning commissions, zoning

boards, public works, citizen advisory councils, and other local

entities?

55 Analyzed spill reports for response and prevention lessons?

56

Given recognition for hazard reduction efforts (e.g. annual

awards)?

PUBLIC AWARENESS YES NO N/A

57 Maintains a LEPC website for the public to access?

58

Prints an annual EPCRA notice for local news releases or

displays the EPCRA public notice on our website?

59

Provides public service announcements concerning all-hazard

preparedness to local radio and television stations?

60

Conducts activities in the community to heighten the public’s

awareness of hazards in the community?

YES NO N/A

TOTALS

SCORING: TOTAL NUMBER IN “YES” COLUMN

60-51 Outstanding

50-41 Good

40-31 Progressing

30-21 Mediocre

20-11 Inadequate

10-0 Non-Functioning

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APPENDIX E

Holding an Effective LEPC Meeting

The LEPC has many tasks it must perform, the members are volunteers, their time is valuable

and to be successful the LEPC must operate in a businesslike manner. Whenever possible, the

site of the meeting should be the same, month after month. A well thought out agenda is an

important tool for conducting effective meetings. The agenda should identify specific issues to

be discussed at the meeting. If time constraints are a factor, each agenda item may be assigned a

time limit. Send each committee member a copy of the completed agenda prior to the scheduled

meeting. The advanced time necessary for the members to review the agenda is one to two

weeks. Send any information pertinent to the upcoming meeting along with the agenda. This

way, members can prepare themselves for the meeting in advance. In order to keep LEPC

members motivated, regular scheduling of meetings is essential.

Public meetings offer a clear and immediate benefit; however, public meetings should be used

sparingly. LEPCs should hold public meetings to present or review emergency plans. A large

public meeting could be useful after an accident when many people have questions. If a current

emergency plan has become controversial, a meeting could offer the community a chance at

wider participation in revising it.

Regular meetings offer members the opportunity to continue contingency plan review and

revision. Regular meetings also offer the opportunity for the LEPC to broaden its role in the

community to meet the capabilities and the commitment of its members. The following

guidelines for conducting a meeting are presented for your review and consideration:

BEFORE THE MEETING

Have a specific purpose/objective for each meeting

Identify topics and material to be covered.

Invite key people, guest speakers / presenters

Establish an appropriate time frame

PREPARE AN AGENDA

Notify membership of meeting times and distribute the agenda (early)

Make logistical arrangements, reserve space, seating, audio/video, etc.

AT THE BEGINNING OF THE MEETING

Start on time

Clarify the purpose/objective of the meeting

Introduce guests or new personnel

Clarify ground rules, i.e. one topic/speakers at a time, etc.

Establish time objective

DURING THE MEETING

Make an opening statement, review the minutes of the last meeting

Focus on one agenda item at a time, keep the meeting on track

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Collect and clarify relevant information

Maintain control over time and discussions

Record ideas and action items

Summarize information discussed

Reach agreement on specified decisions and actions

AT THE END OF THE MEETING

Review action items and responsibilities (who will do what, when)

Summarize and set follow-up date(s)

AFTER THE MEETING

Prepare minutes and/or follow-up correspondence if necessary

Follow-up on action items

Ask yourself, “What went well?and “What could be improved?

GUIDELINES FOR BECOMING A BETTER PARTICIPANT AT MEETINGS

The LEPC is composed of individuals that represent various types of agencies, departments,

organizations, groups or occupations within the planning district. These members must represent

their constituents in ALL LEPC activities and must provide a channel of information and

coordination. The following guidelines outline action each individual member should consider in

order to become a better informed and more productive participant in the activities of the

committee.

BEFORE THE MEETING

Review the agenda items, clarify the purpose of the meeting

Consider your input in regards to agenda items

Gather/prepare any materials/information you may need

Arrange material to present in a clear and concise manner

Take writing materials with you to the meeting

DURING THE MEETING

Arrive on time

Be seated and ready to go at the start time

Participate in discussions and activities

LISTEN

Stay on the subject being presented

Present your information and ideas clearly/concisely

Avoid side conversations, pay attention, be polite

Take your own notes, don’t rely on the minutes of the meeting

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AT THE END OF THE MEETING

Clarify items requiring your actions

Ask yourself “Did I represent my constituents?

PROVEN IDEAS TO HELP KEEP COMMITTEES ACTIVE

Conduct Annual Meeting to Review the Plan. Provide an opportunity for each first

responder department to review with the Committee their roles and missions during a

response as detailed by the plan. This agenda item allows the committee to meet one of

the legislated mandates (annual review of the plan)

Conduct a Meeting Near the Tier II Report Deadline. This meeting provides an

opportunity for facilities to hand deliver Tier II reports to the Committee. Additionally,

some Committees utilize this meeting to provide assistance to facilities in completing

Tier II forms. This process helps both the Committee and facility in documenting more

accurate reports and more importantly it serves as a reminder to smaller industries that

Tier II forms are due.

Invite Guest Speakers to Address Topics of Interest to Members. Topics that are

perennial favorites are: cost recovery, district HazMat team response considerations,

industry safety programs, and clean up contractor considerations. Governmental agencies

such as Kansas Division of Emergency Management, HazMat Team representatives,

EPA, local industry, and clean-up contractor representatives are generally willing to

come to present material.

Conduct an After Action Meeting for Incident Response. Conducting a review of a

local response to identify best practices as well as lessons learned is a unique opportunity

to incorporate changes to the Plan.

Conduct a Facility Process Review. The review can serve as an awareness tool for the

responder community. Having an industry explain how and why they use hazardous

substances can be a beneficial means of improving awareness of the specific facility and

the hazardous substances used. It also familiarizes the responders where the various

hazardous substances are used or stored.

Conduct Review of Any New Regulation of Law. Reviewing any new law or

regulation recently passed by a governmental body or governing standard organization

(National Fire Protection Association) that impacts the Committee allows members to

keep current on the multitude of laws and regulations.

Conduct a Review of Available Software. There are many software programs that are

available to industry or the emergency response community to help with topics associated

with committee activities. CAMEO and Tier II Submit software are all public domain

programs that can provide assistance to response agencies and the LEPC.

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Tour Facilities within the Jurisdiction. Touring a regulated facility in the county is an

effective way to connect the private and public sectors. It allows LEPC members to

become more familiar with the hazardous materials within their jurisdiction. LEPCs can

also tour non-regulated facilities, such as the local Humane Society, to review their

emergency operations plans and discuss how to coordinate efforts during a disaster.

Conduct Table-Top Exercises. LEPC meetings are the ideal location to discuss

potential disaster scenarios and identify how each agency would coordinate with one

another and respond to the disaster. By making the scenarios realistic, the input provided

by the LEPC members can be incorporated into the emergency operations plan or hazard

specific annexes. Table-top exercises provide a great opportunity to identify where

additional planning is required. The most effective table-top exercise scenarios are those

that are inclusive of all the LEPC members and the organizations they represent.

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APPENDIX F

Sample LEPC Meeting Agenda

[County] Local Emergency Planning Committee

[LEPC Mailing Address]

[LEPC Phone Number]

Date:

Time:

Location:

Agenda

1. Roll Call

2. Approval of Minutes

3. Communications/Mail Slot

4. Reports of Subcommittees

5. Old (Unfinished) Business

6. Special Presentations

7. New Business

8. Public Comments

9. Date, time, place and tentative agenda of the next regular meeting

10. Adjournment

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APPENDIX G

Robert’s Rules of Order

Parliamentary Procedure is a set of rules for conduct at meetings that allows everyone to be heard

and to make decisions without confusion. Parliamentary Procedure is important because it’s a time

tested method of conducting business at meetings and public gatherings. It can be adapted to fit the

needs of any organization. Today, Robert’s Rules of Order newly revised is the basic handbook of

operation for most clubs, organizations and other groups. So it’s important that everyone know

these basic rules!

Organizations using parliamentary procedure usually follow a fixed order of business. Below is a

typical example:

1. Call to order.

2. Roll call of members present.

3. Reading of minutes of last meeting.

4. Officers’ reports.

5. Committee reports.

6. Special orders—mportant business previously designated for consideration at this

meeting.

7. Unfinished business.

8. New business.

9. Announcements.

10. Adjournment.

The method used by members to express themselves is in the form of moving motions. A motion is

a proposal that the entire membership take action or a stand on an issue. Individual members can:

1. Call to order.

2. Second motions.

3. Debate motions.

4. Vote on motions.

There are four Basic Types of Motions:

1. Main Motions: The purpose of a main motion is to introduce items to the

membership for their consideration. They cannot be made when any other motion is

on the floor, and yield to privileged, subsidiary, and incidental motions.

2. Subsidiary Motions: Their purpose is to change or affect how a main motion is

handled, and is voted on before a main motion.

3. Privileged Motions: Their purpose is to bring up items that are urgent about special

or important matters unrelated to pending business.

4. Incidental Motions: Their purpose is to provide a means of questioning procedure

concerning other motions and must be considered before the other motion.

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How are Motions Presented?

1. Obtaining the floor

a. Wait until the last speaker has finished.

b. Rise and address the Chairman by saying, “Mr. Chairman, or Mr.

President.”

c. Wait until the Chairman recognizes you.

2. Make Your Motion

a. Speak in a clear and concise manner.

b. Always state a motion affirmatively. Say, “I move that we …” rather than, “I

move that we do not …”

c. Avoid personalities and stay on your subject.

3. Wait for Someone to Second Your Motion

4. Another member will second your motion or the Chairman will call for a

second.

5. If there is no second to your motion it is lost.

6. The Chairman States Your Motion

a. The Chairman will say, “it has been moved and seconded that we …” Thus

placing your motion before the membership for consideration and action.

b. The membership then either debates your motion, or may move directly to a

vote.

c. Once your motion is presented to the membership by the chairman it

becomes “assembly property”, and cannot be changed by you without the

consent of the members.

7. Expanding on Your Motion

a. The time for you to speak in favor of your motion is at this point in time,

rather than at the time you present it.

b. The mover is always allowed to speak first.

c. All comments and debate must be directed to the chairman.

d. Keep to the time limit for speaking that has been established.

e. The mover may speak again only after other speakers are finished, unless

called upon by the Chairman.

8. Putting the Question to the Membership

a. The Chairman asks, “Are you ready to vote on the question?”

b. If there is no more discussion, a vote is taken.

c. On a motion to move the previous question may be adapted.

Voting on a Motion:

The method of vote on any motion depends on the situation and the by-laws of policy of your

organization. There are five methods used to vote by most organizations, they are:

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1. By Voice — The Chairman asks those in favor to say, “aye”, those opposed to say

“no”. Any member may move for an exact count.

2. By Roll Call — Each member answers “yes” or “no” as his name is called. This

method is used when a record of each person’s vote is required.

3. By General Consent — When a motion is not likely to be opposed, the Chairman

says, “if there is no objection …” The membership shows agreement by their

silence, however if one member says, “I object,” the item must be put to a vote.

4. By Division — This is a slight verification of a voice vote. It does not require a

count unless the chairman so desires. Members raise their hands or stand.

5. By Ballot — Members write their vote on a slip of paper, this method is used when

secrecy is desired.

There are two other motions that are commonly used that relate to voting.

1. Motion to Table — This motion is often used in the attempt to “kill” a motion. The

option is always present, however, to “take from the table”, for reconsideration by

the membership.

2. Motion to Postpone Indefinitely — This is often used as a means of parliamentary

strategy and allows opponents of motion to test their strength without an actual vote

being taken. Also, debate is once again open on the main motion.

Parliamentary Procedure is the best way to get things done at your meetings. But, it will only work

if you use it properly.

1. Allow motions that are in order.

2. Have members obtain the floor properly.

3. Speak clearly and concisely.

4. Obey the rules of debate.

5. Most importantly, BE COURTEOUS.

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Robert’s Rules of Order Motion Charts

Part 1. Main Motions. These motions are listed in order of precedence. A motion can be introduced if it is higher

on the chart than the pending motion (§ indicates the section from Robert’s Rules of Order Newly Revised—10th

Edition)

Part 2. Incidental Motions. No order of precedence. These motions arise incidentally and are decided

immediately.

§ PURPOSE: YOU SAY: Interrupt? 2nd? Debate? Amend? Vote?

§23 Enforce rules Point of Order YES NO NO NO None

§24 Submit matter to assembly I appeal from the decision of the

Chair YES YES VARIES NO Majority

§25 Suspend rules I move to suspend the rules NO YES NO NO 2/3

§26

Avoid main motion

altogether

I object to the consideration of the

question YES NO NO NO 2/3

§27 Divide motion I move to divide the question NO YES NO YES Majority

§29 Demand a rising vote I move for a rising vote YES NO NO NO None

§33

Parliamentary law

question Parliamentary inquiry YES NO NO NO None

§33 Request for information Point of information YES NO NO NO None

§ PURPOSE: YOU SAY: Interrupt? 2nd? Debate? Amend? Vote?

§21 Close meeting I move to adjourn NO YES NO NO Majority

§20 Take break I move to recess for… NO YES NO YES Majority

§19 Register complaint I rise to a question of privilege YES NO NO NO None

§18 Make follow agenda I call for the orders of the day YES NO NO NO None

§17 Lay aside temporarily I move to lay the question on the

table NO YES NO NO Majority

§16 Close debate I move the previous question NO YES NO NO 2/3

§15 Limit or extend debate I move that debate be limited to… NO YES NO YES 2/3

§14 Postpone to a certain time I move to postpone the motion

to… NO YES YES YES Majority

§13 Refer to committee I move to refer the motion to… NO YES YES YES Majority

§12 Modify wording of motion I move to amend the motion by… NO YES YES YES Majority

§11 Kill main motion I move that the motion be

postponed indefinitely NO YES YES NO Majority

§10

Bring business before an

assembly (a main motion) I move that [or “to] NO YES YES YES Majority

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Part 3. Motions That Bring a Question Again Before the Assembly. No order of precedence. Introduce

only when nothing else is pending.

§ PURPOSE: YOU SAY: Interrupt? 2nd? Debate? Amend? Vote?

§34 Take matter from table I move to take from the table… NO YES NO NO Majority

§35 Cancel previous action I move to rescind… NO YES YES YES

2/3 or

Majority

with

notice

§37 Reconsider motion I move to reconsider… NO YES Varies NO Majority

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APPENDIX H

LEPC Activities

The following is a list of activities that LEPCs across the state have undertaken, often at little

cost, but all with large benefits. Also these projects are eligible for partial or full funding under

the KDEM managed Hazardous Materials Emergency Preparedness (HMEP) federal grant

program. The list of activities noted below is not all-inclusive, but does provide examples of

useful projects.

PREPAREDNESS ACTIVITIES

1. LEPC sponsored exercises: This is a good way to satisfy KDEM exercise requirements

while enhancing county or municipal disaster response capability. The exercises do not

need to have a complex scenario to be challenging, but should have elements that will

exercise a few of the target capabilities.

2. Hazards/Vulnerability/Capability Assessments: In its simplest form, a way to find out

what/where the hazard threat is, who is vulnerable, and what capability exists to respond

to an incident.

a. Hazard/Threat Assessment: Gather and analyze information about natural and

technological hazards. This includes information on floods, droughts, wild line

fires, severe winter storms, and the potential disasters resulting from human

threats. This includes local industry required to report under EPCRA, propane

facilities, bulk fuel storage facilities, and other fixed facilities. Also,

transportation related threats traveling along roads, railroads, and airports should

be plotted on a map. Determine the most hazardous chemical at that location and

what the worst case effects would be if a release occurred. Then draw a circle

around that facility equal to the distance a chemical ―plumeor other effect, like a

blast shock wave, would travel.

b. Vulnerability Assessment: Look at census data, or other information available to

the county to determine who and what lies within the vulnerability circles noted

above. Look for any special cases like schools, nursing homes, shopping malls, as

well as neighborhood populations.

c. Capability Assessment: Look at what the jurisdiction has to respond to the threat.

Look at not only county or municipal assets like fire departments, HazMat teams,

law enforcement, emergency medical and other government owned assets, but

also private industry that may have response teams or equipment. Plot these on

the hazards map.

Once all the plotting is completed, look at the whole picture to find any deficiencies in

response. Then make plans to fix them.

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3. Hazardous Materials Commodity Flow Studies: This is a transportation related effort

whereby survey teams determine the HazMat flowing down the roads and/or railroads

within the LEPCs jurisdiction. The goal is to find out the types, classes, and quantities (if

possible) in rank order, of the chemical transportation threat. A vulnerability study along

the route could also be done to determine what populations are at risk. Basically, a flow

study is accomplished by:

a. Determining the route to be studied. It could be a major highway through the

county or city, or a heavily traveled road through populous areas. A railroad study

is particularly useful since railroads often run through city centers.

b. Develop a survey schedule that covers such variables as time of day, day of week,

season, etc.

c. Assign teams to points along the route offering safe but good visual observation.

d. Conduct the survey by recording the data contained on a carrier’s hazmat placard

affixed to the carrier’s vehicle.

e. Once the survey is complete do some statistical work to determine the

percentages.

4. Facility Surveys/Visits: A program whereby LEPC members visit facilities to determine

specifically where hazardous materials are located at the site, what response capabilities

the facility has, identification of access and exit routes, and so forth. Particularly useful if

members of the fire department servicing that facility participate. Also, facility surveys

are useful to determine if that facility must report under EPCRA requirements.

5. Hazardous Materials Reference Libraries: Acquire and maintain reference materials

concerning hazardous materials. Such publications as the NIOSH series of chemical

guides handbook of reactive chemicals, chemical desk references, NFPA HazMat

Response Guidebooks, as well as many others provide an excellent reference source for

your fire departments or HazMat team.

6. Establish and Maintain a Tier II Data Base: One EPCRA requirement is that LEPCs

must be the repository for Tier II reports provided by those facilities that are required to

report their holdings. A useful project is to keep an automated database of these reports

which enables quick reference in case of an incident. The CAMEO (Computer-Aided

Management of Emergency Operations) software is a helpful tool for managing the data

and can be downloaded from the Environmental Protection Agency’s (EPA) website at:

www.epa.gov/emergencies/content/cameo.

7. LEPC Sponsored HazMat Training for Responders: Grant-funded training conducted

in county locations for fire, EMS, law enforcement, and other response forces. Courses

consist of Awareness, Operations, and Technician level training in hazardous materials

response, incident command, chemistry, and many more. LEPCs can apply to KDEM for

the Hazardous Materials Emergency Preparedness Grant funds for responder training.

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PUBLIC OUTREACH AND INFORMATION ACTIVITIES

EPCRA does not require LEPCs to conduct public awareness programs, but it is desirable that

LEPCs carry out such programs. The public needs to be aware of the dangers of hazardous

substances and the procedures they need to follow in the event of orders for in-place sheltering or

evacuation. Special facilities, such as nursing homes, schools, hospitals, public buildings, senior

citizen housing, and others should also be included in emergency planning and awareness

programs.

If not already in place, the LEPC should develop a program to provide for public education

regarding hazardous substances. An important part of this program is the identification and

education of administrators of special needs facilities and with the education of special

populations living independently, such as the hearing-impaired, the blind, and the homebound.

This program could include web-based presentations, audio-visual programs, written notices,

pamphlets, and other materials to insure that community residents are aware of actions that may

be required in the event of a hazardous materials incident.

The LEPC is encouraged to sponsor speakers for schools, clubs, and other groups, provide webbased,

written or audio-visual programs, assist local response organizations with their public

information programs, and coordinate other activities to take advantage of ongoing special

events in the area. The EPA Region 7 and state agencies may from time to time conduct

workshops in your area designed to improve hazardous materials reporting; the EPA will even

mail invitations to the facilities for these workshops.

FEMA has several instructional programs on the subject, to include home study courses entitled

An Introduction to Hazardous Materials” (IS-5.A), Are You Ready? An In-Depth Guide to

Citizen Preparedness” (IS-22) and Hazardous Material Prevention” (IS-340).

IDEAS FOR OUTREACH. The following are outreach ideas arranged by potential cost to the

LEPC.

EXPENSIVE

Newspaper advertisements (other than classified section)

Video programs

Brochures- multi-page, high quality paper, in color

Public Service Announcements (PSAs) professionally written and taped

Posters

Telephone book insert

Billboard messages (or on structures such as oil storage tanks)

School/day care educational programs (team effort by teachers & outside trainers)

Hazardous Materials Amnesty Day

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LOW COST

Pamphlets – two sides, inexpensive paper, in black & white

Classified newspaper advertisements

Fact sheets

Utility bill inserts

Informational booth at county fair

Supermarket bag inserts

Bumper stickers

Peel-off stickers

Website

Slideshow

Computer diskette/CD

Brochures

Gas pump “toppers(announcement displayed on the pumps)

FREE

Newspaper press releases, articles and special features

Newsletter articles in publications of other organizations

School poster contest

Photo display (using donated photos)

PSAs on radio or TV (other than by professional production co.)

Speeches to other community organizations

Radio, TV interviews, talk programs, community bulletin boards

Slide shows, video tapes, DVDs, or films that are borrowed

Store window displays

Anything borrowed, donated, or distributed free

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APPENDIX I

Example EPCRA Notice of Publication

PUBLIC NOTICE

ACCESSIBILITY OF SARA TITLE III HAZARDOUS

SUBSTANCE INFORMATION

Section 324 of the Emergency Planning and Community Right to Know Act, also

known as SARA Title III (Superfund Amendments and Reauthorization Act of

1986, PL99-499) requires public notice at least once annually informing the public

of the means to access information about extremely hazardous substances that are

manufactured, stored, and used within their community. Follow-up emergency

notices may subsequently be issued.

Accordingly, information concerning LEPC meetings, SARA Title III hazardous

materials planning which is included in our __________ County Emergency

Operations Response Plan, materials safety data sheets (MSDS), hazardous

chemical inventory forms, listing extremely hazardous substances manufactured,

stored, or used within __________ County can be obtained during normal business

hours by contacting _____________________ at _______________.

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APPENDIX J

Examples of LEPC Funding Sources

Volunteer and Donated Services

Much of the LEPCs’ work can be accomplished with little or no funding. Committee members

often donate time and other resources. Local businesses and agencies have also contributed their

services. Some LEPCs have found that volunteers can be a great source of manpower. Senior

citizens, for example, have the time to help and their knowledge and experience is invaluable.

Prison honor inmates have also been enlisted in LEPC activities with good results.

Funding from Local Government

Although LEPCs can accomplish much by using the resources already present in the community,

there will still be a need for some funding. Some counties and municipalities have appropriated

money from general revenues for this purpose.

Grants

Federal Grants. There are limited state and federal funds available to local emergency planners

through grant programs. Authorized by the 1990 Hazardous Materials Transportation Uniform

Safety Act, the Hazardous Materials Emergency Preparedness (HMEP) program provides

funding for emergency response planning and training at the local level. The U.S. Department of

Transportation (DOT) administers this program. The funds come from a yearly registration fee

required of transporters of hazardous materials in interstate, intrastate, and international

commerce. The Kansas share of this federal grant is administered by KDEM as the prime

grantee. KDEM then provides the necessary training or sub-grant funds directly to LEPCs

(checks actually go to a city or county fiscal agent). Kansas HMEP planning and training grant

guidance can be found in Attachment 1 to this appendix.

The Federal Emergency Management Agency (FEMA) also provides funds for local emergency

management through its Emergency Management Performance Grant (EMPG). EMPG is offered

to give “assistance to counties in developing disaster and assistance plans, programs, capabilities,

and organizations. The purpose of the program is to ensure that a comprehensive emergency

management system exists for disasters or emergencies resulting from natural disasters,

accidental, or man-caused events. For information about obtaining EMPG funds, contact

KDEM.

Supplemental Environmental Projects (SEPs). Once an action has been commenced by EPA

against a facility for not submitting a Tier Two Chemical Inventory Report (Section 312) or

emergency release notification (CERCLA Section 103/EPCRA Section 312), there is an

alternative to simply imposing fines on the non-complying facility. Current federal enforcement

policy authorizes consideration for mitigating the fines imposed if the offending facility agrees to

perform a supplemental environmental project (SEP). Enforcement actions provide an

opportunity for the facility to become actively involved in the local planning and response

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process and to assist the LEPCs in their activities. These agreements are an appropriate way to

enforce EPCRA, since the SEPs can be arranged to aid in its implementation. Through the use of

SEPs, facilities have:

provided emergency or computer equipment to the LEPC,

provided training to local emergency or planning personnel,

become active members in the LEPC; and

prepared compliance articles developed by the facility, which were reviewed by EPA

Region 6 for accuracy, and submitted to trade journals.

Industry Donations

Some of the most active funding programs in the country for LEPCs, are where industry is

present. A funding option is for the county and city, each provide $5,000 and industry could

voluntarily provide another $10,000 for use by the LEPC information committee in undertaking

public education about community right-to-know. Industry has contributed this money in the

interest of providing the public with a full understanding of the information reported. Funding

for other LEPC activities can come primarily from the city and county.

If LEPCs incorporate as non-profit corporation and receive tax-exempt status, this step improves

the LEPC’s ability to solicit monies from facilities and from the county directly, avoiding the

delay of applying for funding through the county government channels. In order to meet the

budget, the LEPC can propose to the Commissioners a dollar matching concept between

facilities and the county government. To provide an indication of what each facility’s “fair share”

of the industry contribution should be, the LEPC should analyze Tier II forms and prepare a

scale of suggested contribution amounts. These voluntary contributions can be solicited by a

letter sent to each facility and municipality annually.

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ATTACHMENT 1

KANSAS HAZARDOUS MATERIALS EMERGENCY PREPAREDNESS (HMEP)

PLANNING AND TRAINNING GRANT GUIDE

Hazardous Materials Emergency Preparedness (HMEP) program provides financial and technical

assistance as well as national direction and guidance to enhance State, Territorial, Tribal, and

local hazardous materials emergency planning and training. The HMEP Grant Program

distributes fees collected from shippers and carriers of hazardous materials and distributes money

to Local Emergency Planning Committees for local hazmat planning and training activities.

Local Emergency Planning Committees (LEPCs) are eligible for submitting applications and

proposals for HMEP planning and training grants. A “Local Emergency Planning Committee

(LEPC) means a committee appointed by the State Emergency Response Commission under

section 301(c) of the Emergency Planning and Community Right-to-Know Act of 1986 (49 CFR

110.20). Kansas Emergency Management is responsible for administering HMEP Grants and

activities in Kansas. An overview of the HMEP Planning, Training and Prevention Standards,

Grant Closing Requirements, Progress Report, Travel Requirements, and Grant Closing

Documentation are described below.

Activities that are allowed under HMEP are:

Planning

1. Development, improvement, and implementation of emergency plans required under the

Emergency Planning and Community Right-to-Know Act of 1986, as well as exercises

which test the emergency plan. Enhancement of emergency plans to include hazard

analysis as well as response procedures for emergencies involving transportation of

hazardous materials, including radioactive materials.

2. An assessment to determine flow patterns of hazardous materials within a State, between

a State and another State or Indian country, and development and maintenance of a

system to keep such information current.

3. An assessment of the need for regional hazardous materials emergency response teams.

4. An assessment of local response capabilities.

5. Conduct of emergency response drills and exercises associated with emergency

preparedness plans.

6. Provision of technical staff to support the planning effort.

7. Additional activities the PHMSA Grant Administrator deems appropriate to implement

the scope of work for the proposed project plan and approved in the grant.

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Training

1. An assessment to determine the number of public sector employees employed or used by

a political subdivision who need the proposed training and to select courses consistent

with the National Curriculum.

2. Delivery of comprehensive preparedness and response training to public sector

employees. Design and delivery of preparedness and response training to meet

specialized needs. Financial assistance for trainees and for the trainers, if appropriate,

such as tuition, travel expenses to and from a training facility, and room and board while

at the training facility.

3. Emergency response drills and exercises associated with training, a course of study, and

tests and evaluation of emergency preparedness plans.

4. Expenses associated with training by a person (including a department, agency, or

instrumentality of a State or political subdivision thereof or an Indian tribe) and activities

necessary to monitor such training including, but not limited to examinations, critiques

and instructor evaluations.

5. Provision of staff to manage the training effort designed to result in increased benefits,

proficiency, and rapid deployment of local and regional responders.

6. Additional activities the PHMSA Grant Administrator deems appropriate to implement

the scope of work for the proposed project and approved in the grant.

HMEP grant projects submitted for funding by the LEPCs will require approval from the

Pipeline and Hazardous Materials Safety Administration (PHMSA) and the Kansas Division of

Emergency Management (KDEM). Proposals that would lead to prevention and mitigation of

hazmat transportation related incidents will receive higher priority. Regional projects will receive

higher priority over single county projects.

Guidelines for Response, Planning, and Prevention Training

In order to assist with meeting the above objectives, FEMA has published Guidelines for

HazMat/WMD Response, Planning and Prevention Training. The Planning and Training

Curriculum provide requirements that would lead to full competency of public sector responders.

A summary of the objectives, requirements, and competencies as described in the guideline is

listed below for your convenience. For detail information, please visit the website:

http://www.usfa.fema.gov/downloads/pdf/publications/hmep9-1801.pdf.

The Curriculum Guideline can also be downloaded from this website or can be ordered by

calling (301) 447-1009 for a copy.

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Planning Curriculum Guidelines

The goal of the Planning Curriculum Guidelines is to enhance the knowledge, skills, and

attitudes of the broad spectrum of State, Tribal, Territory and local training audiences who

develop or contribute to the development of local hazardous materials response plans. The

curriculum is structured into three training levels based on general skill requirements of the

training audience: Planning Orientation, Planning Essentials, and Planning Specialties. Planning

Orientation focuses on general awareness of the planning requirements and process and is

targeted for general audiences. Planning Essentials focuses on the minimum competencies

needed to develop local response plans and is targeted for local planning team members.

Planning Specialties focuses on advanced, specialized planning skills that are needed by selected

personnel at the State, Tribal, Territory and local levels to provide specialized roles and services

in the planning process.

The Planning Curriculum Guidelines are organized into the following subsections:

General Training Issues-Planning and Prevention

Planning Orientation

Planning Essentials

Planning Specialties

Commodity Flow Study

Capability Assessment

Planning for Protective Actions

Plan Implementation and Maintenance

Facility Planning

Planning for Public Education

The Planning curriculum guideline published by FEMA describes the objectives, criteria and

standards for the planning grants. The curriculum of the planning grants and is structured into

three training levels based on general skill requirements of the training audience: Planning

Orientation, Planning Essentials, and Planning Specialties. Planning Orientation focuses on

general awareness of the planning requirements and process and is targeted for general

audiences.

Response Curriculum Guidelines

There are two tracks of objectives in each training category of the Hazardous Materials Incident

Response Curriculum Guidelines. The first track, required training, describes minimum training

requirements as defined by OSHA 19010.120(q). The second track, recommended training,

recommends training objectives that reflect the training organization described in the NFPA 472

and 473 standards and other training recommendations incorporated by or developed by the

national author team. Both tracks describe training levels that are the minimum training

appropriate for the competencies in each section. They can be expanded by individual

jurisdictions to better ensure effectiveness of training. Directions for self-assessment of courses

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using the guidelines are available from the HMEP curriculum program for both required and

recommended training tracks.

The Hazardous Materials and Terrorist Incident Response Guidelines are organized into the

following subsections:

General Training Issues-Incident Response

First Responder Awareness

First Responder Operations

Hazardous Materials Technician

On-Scene Incident Commander

Hazardous Materials Branch Officer

Safety Officer at Hazardous Materials Incidents (including Hazardous Materials Branch

Safety Officer)

Hazardous Materials Specialist (OSHA) with Private Sector Specialist Employee A and

Technician Specialties: Tank Car, Cargo Tank, Intermodal Tank (NFPA)

Specialist Employee (OSHA) with Private Sector Specialist Employee B and C (NFPA)

Emergency Medical Services Level 1

Emergency Medical Services Level 2

Hospital Emergency Room Personnel

Hazardous Materials and Terrorist Incident Response Special Topics

Hazardous Materials and Terrorist Incident Response Related Standards

Prevention Curriculum Guidelines

Hazardous materials prevention is based on the concept that the majority of accidents don’t just

happen they are caused. While the use of chemicals may involve risk, the factors that precipitate

most accidents are at some point under an organization’s or an individual’s control. Therefore,

most chemical accidents and the damage they cause are by definition preventable.

The goal of the Prevention Curriculum Guidelines is to enhance the knowledge, skills, and

attitudes of the broad spectrum of professional private and public sector, State, Tribal, Territory

and local training audiences who, in the course of their normal work, have the opportunity

through better practices to prevent the risk and likelihood of occurrence of hazardous materials

incidents.

The Hazardous Materials Prevention Guidelines are organized into the following sections:

Prevention Training Issues

Prevention Awareness

Prevention Policy Development

Transportation/Facility Prevention Program Management

Community Prevention Program Management

Prevention in Operations

Design and Plans Review

Inspection and Enforcement

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Appendix A: Prevention Authorities

Appendix B: Training Mandates

Appendix C: Federal Programs

Appendix D: OSHA 1910.119

HMEP Curriculum Guidelines cover a host of subjects such as planning and training compliance

standards, which must be followed to be in compliance with HMEP funding requirements. The

next edition of the HMEP Curriculum guidelines is under development, and will include:

complete new responder training requirements fully consistent with the new NFPA 472; new

hospital first receiver training requirements consistent with new JCAHO requirements; new

incident command system (ICS) training guidelines consistent with and cross walking NIMS,

FIRESCOPE and the National Wildfire Coordinating Group, the Fire Service Incident

Management System Consortium, OSHA, and NFPA requirements; and new Training Program

Management guidelines providing guidance on curriculum design, on risk-based training

planning needed for implementation of new NFPA 472 training, on delivery management and

record keeping, and on emerging instructor certification and responder certification systems and

procedures.

Additional Planning and Training Requirements

Hazmat Plans: If the proposal includes Hazmat Planning or Enhancement of Emergency Plans,

the planning analysis will be inclusive of the pieces required by law under the Superfund

Amendments and Reauthorization Act of 1986 (SARA Title III) program, i.e., development,

improvement, and implementation of emergency plans, conducting hazard analysis, and

conducting exercises to test the emergency plans. The planning analysis should include of

hazardous materials at fixed facilities or transported through the county, man-made and

chemicals impacted by natural hazards. A chemical-by-chemical hazard, vulnerability and risk

analysis must be completed and maintained by the LEPC and responding entities. This data can

be maintained in a separate database from the LEOP. Documentation of the database and the

analysis must be provided upon request. Primary and secondary hazards from an incident should

be identified in the plan. Functional tools such as maps, charts and graphs should be developed

to support the findings of the study. Documentation of the database and the analysis must be

provided upon request. To comply with the Kansas Planning Standards the LEPC/contractor

should consult the “Hazardous Materials Emergency Planning Guide, NRT-1. **Note: The

“Planning Analysisis the support document to the local emergency operations plan and should

be developed prior to the plan being written.

Commodity Flow Studies: If a Commodity Flow Study is conducted utilizing HMEP Grant

funds, a copy of these documents should be provided during the closing phase of the HMEP

Grant award process.

Assessment of Local Response Capabilities: If a Local Emergency Operations Plan (LEOP) is

prepared with HMEP Grant funds, a letter indicating when the plan was submitted to the KDEM

Planning Section is required. This information should be provided during the closing phase of

the HMEP Grant award process.

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Drills and Exercises.

Applications submitted for grant funds to support HazMat exercises should follow the Homeland

Security Exercise and Evaluation Program (HSEEP). The proposal should specify the scope,

purpose, and the objectives of the proposed exercise. The Homeland Security Exercise and

Evaluation Program (HSEEP) is the foundation of the statewide exercise program which

provides partners with a standardized policy, methodology, and terminology for exercise

development, conduct and evaluation processes. For additional information please visit the link

http://www.kansastag.gov/KDEM.asp?PageID=193. Please use the After Action Report

Template (AAR Template) to provide the required information related to the exercise.

Technical Staff to Support the Planning Effort: If HMEP Grant funds are used to contract or

hire personnel to assist with the development of the Local Emergency Operations Plan, the

LEPC must indicate the duties and the timeline of when each annex of the plan is anticipated for

completion (staff funded under planning grants cannot be diverted to support other requirements

of EPCRA). When contracting or hiring a Hazardous Materials Planner with a HMEP Grant,

summary of the job description, the performance of the individual and accomplishments must be

submitted with the Grant closing letter.

Training of Responders or EMS Personnel: All training proposals must meet the training

standards described in the HMEP Curriculum Guideline for the specified training. The training

program that do not meet the OSHA, NFPA or EPA standards as stated in the Curriculum may

not be eligible for funding unless was pre approved by PHMSA.

Conduct of Emergency Response Drills and Exercises Associated with Emergency

Preparedness Plans: Emergency response drills and exercises associated with training, a course

of study, and tests and evaluation of emergency preparedness plans are allowed under HMEP.

For participation in exercises, personnel expenses, overtime, travel, and per diem are not

allowable expenses. Equipment rental and purchase of supplies may be allowed, depending on

the necessity and must be approved by the Grant Administrator.

Non-Eligible Expenses

Considering the limited funds available, KDEM emphasizes on planning and training proposals

that addresses regional needs and will be most beneficial to the counties. The following

activities/items are considered as non-eligible for HMEP funding.

food and beverages for consumption for training or exercise

expenses not related to hazardous materials

expenses claimed and/or reimbursed by another program

expenses counted as match funds toward another program

expenses that supplant existing funds/programs

salary

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entertainment costs

office supplies are not allowable

software is not allowable with the exception of cameo

software to manage Title III materials is not allowable

operational equipment is not allowable

Equipment purchases, including computer hardware and software not allowable.

However, one set of demonstration equipment for training props, not including computer

hardware and software, may be purchased with the approval of the Office of Emergency

Management and USDOT.

For participation in exercises, personnel expenses, overtime, travel, and per diem are

not allowable expenses

Time and fringe benefits of employees and the use of equipment or facilities owned by

the agency or jurisdiction receiving the training. However, these expenses may be used

as a soft match of funds required under this grant application

Any costs disallowed or stated as ineligible in OMB Circular A-87 or 49 CFR Part 110

Final Rule.

HMEP Allowable Expenses

The following is a list of LEPC hazardous materials emergency response related planning and

training expenses allowed under the guidelines of the Hazardous Materials Emergency Planning

(HMEP) Grant.

Grant funds are to be used for developing or updating your LEPC hazardous materials

plan exercising your plan, and/or conducting commodity flow studies, hazard analysis or

activities described earlier that are in compliance with CFR110.40. Grant funds may also

be used for hazardous materials training. .

A list of Hazmat Training allowed by PHMSA in the past is appended below. During the

application process, a letter describing the training plan should be submitted to the HMEP

Program Manager. The letter should indicate tentative date and location of the class, class size,

name of the instructor/ or entity (academy, training facility, company) providing the training, and

standards to be fulfilled (OSHA, NFPA, etc), and how the proposed training will benefit the

community.

List of Training Allowed in the Past by PHMSA

Basic Life Support/Hazardous Materials

Advance Life Support, EMS – II

Chemistry of Hazardous Materials

Confined Space Rescue ( not Rope Recue)

Hazardous Materials Incident Response Technician

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Hazardous Materials Incident Response: Awareness

Hazardous Materials Incident Response: Operations

Hazmat Air Monitoring

Hazmat Incident Commander

Hazmat IQ

Highway Specialist (40 hr)

Ignitable Liquids

Tank Car Specialist

Intermodal Specialist

Transportation Community Awareness and Emergency Response (TRANSCAER)

Equipment:

Equipment for training and exercise can be purchased or rented with HMEP Grant funds.

Operational equipments are not allowed, any request for equipments must be

pre-approved by PHMSA and KDEM.

All requests must be reasonable allowable and allocable.

Fund Matching Requirement

The LEPCs are required to supply a match of 20% of the total project cost. The 20% match can

be in-kind (soft match), contributions or a combination of both (see 49 CFR 110.40). The easiest

matches for a planning grant include non-EMPG labor for emergency managers or donated labor

from other LEPC members working on the project, donated copying expenses or other supplies

by the LEPC and/or a facility fee for a contractor using your facility while working on your

project. Other hard and soft matches may be used. This match must be funds that do not

currently match other Federal Grant Awards. It must come from local sources and cannot

already have been used for a match for another grant. Applicants are responsible for

implementing the selected proposals and accounting for the awards they receive.

Examples of 20% matching costs (per USDOT Research Support Program Administrative

(RSPA) Division) are:

Salaries, fringe benefits, per diem, housing, or travel expenses incurred by any person

other than a STATE employee while attending training classes or involved with the

program.

Private contributions such as corporate contributions of facilities or services. (e.g. tanker,

cargo tank trailers, van trailer, training site, hazmat equipment, first aid ambulance standby,

classroom space)

Voluntary contributions such as: firefighter support, emergency personnel support, and

the time of any LEPC member.

Equipment or facilities used for exercises, whether public or private.

Voluntary expenditures such as:

o A person in the community who is a chemical engineer or a physician donates

their time during an exercise.

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o A professor volunteers to be a trainer or train-the-trainers.

o Citizens volunteer to set up or participate in exercises.

Facility space (e.g. a surplus school building used as hazmat academy) is donated to

house courses or conduct exercises.

University students volunteer time to participate in exercises, aid data collection or assist

in exercise report generation.

NOTE: All in-kind matching costs must be reasonable, allowable, and allocable to the project.

Reimbursement of HMEP Funds

A reimbursement methodology is in place for disbursement of HMEP funds. The LEPCs must

provide documentation that the project for which reimbursement is being claimed is either in

progress or has been completed. This means the grant recipients will be required to submit either

receipts or invoices to KDEM prior to the funds are being released. According to USDOT, there

is a 3-4 weeks turn-around time from when the documentation is received at USDOT from

KDEM and when the funds are disbursed to the State. In order to request reimbursement for

HMEP projects, the LEPCs must adhere to the following guideline.

Training:

If the HMEP proposal includes hazmat training provided by a contractor and the training has

already taken place, please send a copy of the invoice/receipt to KDEM for reimbursement.

If the proposal includes hazmat training offered by a vendor, a company, an agency or a private

training facility and the training has not already taken place, please obtain pertinent invoices that

include the training venue and date and submit them to KDEM one month prior to the training. If

the grant proposal included other training related costs, please submit a cost estimate to KDEM

that includes course fees, tuition, travel, hotel, and per-diem.

Planning and Exercises:

If your proposal includes a Planning or Exercise project and you have hired a contractor for the

job, please use a progressive payment method (pay as you go) for the project. You can set up

specific milestones to be achieved during a quarter or a timeline of your choice and request the

contractor to submit invoices after completion of each target. KDEM will reimburse the LEPC

upon receipt of each invoice.

If the project is already complete, the LEPC should send request for reimbursement to KDEM

and close the grant as soon as possible by providing copies of deliverables, certificates, class

roster, evaluations, exercise report, copy of plans, and finally, a completed grant closeout

checklist.

Subgrantees must provide a written progress report to KDEM by with each reimbursement

request. This report shall include the following information:

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Encumbrances along with supporting documentation (i.e., Executed purchase orders,

contracts, invoices along with copies of cancelled checks to support payment of invoices,

etc.).

Identify specific milestones reached or accomplished with specific dates and indicate any

problems anticipated in accomplishing the project during the grant period.

Since HMEP is a reimbursement program, any approved expenses encumbered during the grant

performance period are reimbursable, subject to the availability of funds from USDOT.

However, KDEM sets August 31 as the deadline for closing the grant to allow sufficient time to

close any gaps and complete the closing paperwork for USDOT within the grant performance

period.

Items Required for Grant Closing

Upon completion of the proposed grant projects, the LEPCs must submit a grant closing report

with supporting documents. Typically, such documents would include copies of checks, orders

and vouchers, receipts, invoices, bills, training certificates, deliverables, etc showing that the

funds were utilized to achieve the outcome of the project. The supporting documents should be

submitted to KDEM before reimbursement occurs. Final oversight for the financial report and

matching documentation should be provided by the County Financial Officer or a person who

has signing authority for funding. The narrative information supporting soft match elements

must be sufficiently written/explained to provide the reviewers with adequate assurance that

appropriate levels of effort were contributed/expended. Examples of documentation that should

be provided with a Grant closing report are listed below.

Invoices. Original Invoices from contractors and suppliers are required. If an original is not

available from the service provider, create an invoice on your agency’s letterhead including the

project name, total project costs, date(s), and your signature (or the signature of the appropriate

official). Attach a copy of all supporting cost documentation to the invoice.

Deliverables. When requesting expenses reimbursement for completed projects, please provide a

complete copy of the final work product whenever feasible. The following documents may be

considered as supporting documents and should be forwarded to the HMEP Grant coordinator.

A legible roster containing the student and instructor names and agency

An evaluation form completed by each participant

A completed Course Manager – Course Evaluation form

An agenda that is specific to the class for which you are requesting reimbursement

If the course uses a curriculum that is new to Kansas, provide a student manual and

instructor guide in addition to the above-mentioned items.

Student Discipline Worksheet – the U.S. DOT requires all states to provide a discipline

break-out for training at the end of each grant year. This worksheet is required for

reimbursement.

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If an outreach brochure or other literature is produced, a copy of each publication should

be included.

A narrative of progress for incomplete projects. Due to the deadline restrictions stated in the

Grant application packet, the grant recipients may break projects with a longer duration into

smaller sections for reimbursement purposes. When requesting reimbursement for a portion of an

incomplete project, it may not be possible to include deliverables. If this is the case, a narrative

of progress on the project for which the LEPC received a grant, as well as a breakdown of the

associated expenses should be included.

InKind Match Documentation. A 20% in-kind or cash-match is required. If there is no system

in place at the county level to report in-kind match, then the payroll form, Form 15 may be used.

If the LEPC is matching this grant with hard dollars, the source of those funds must be identified,

as well as the dollar amount being matched.

Certificates. Once HazMat Technician, higher level or specialized training courses are

completed, copies of the certificates should be submitted to the HMEP Grant Coordinator during

the closing phase of the HMEP Grant award process.

Specialized Training. If a HazMat Operations class is funded with HMEP funds, a letter to the

HEMP Grant Coordinator should be submitted, indicating the date and location of the class, the

number of the expected students, name of the instructor, and standards to be fulfilled (OSHA,

CFR, NFPA, etc.). If a HazMat Technician, higher level or specialized training courses, such as

“Advance HazMat Life Support” or “WMD Terrorism Response”, is funded with HMEP Grant

funds, a letter to the HEMP Grant Coordinator should be submitted, indicating proposed dates of

attendance to the class, school or academy providing the training, standards to be fulfilled

(OSHA, CFR, NFPA, etc.), names and social security numbers from the students attending.

Minimum enrollment for an Awareness or Operations or EMS Hazardous Material Responder

class is 10 students. Maximum participation shall be based upon budget constraints and the

instructor’s limitations.

Interim/Obligation Report

Past experience with the HMEP program indicates that some LEPCs fail to complete projects

within the stipulated grant period, leaving grant funds to be returned to the Granting authority.

The grantee must obligate all funds no later than March 31, of the 2nd year of the grant award

period. Any funding not obligated by March 31 may be reallocated to other eligible LEPCs. In

addition, grantee must provide a written progress report to their respective KDEM by March 31

of the grant award period. This report shall include the following information:

Encumbrances along with supporting documentation (i.e., fully executed purchase orders,

contracts, invoices along with cancelled checks to support payment of invoices, etc.).

Identify specific milestones reached or to be accomplished and indicate any problems

anticipated in accomplishing the project during the grant period.

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Final Report

Grant recipients are required to send their request for reimbursement of expenditures, the final

grant closing report to the Kansas Division of Emergency Management by August 31, of the

following year (the Grant Closing Date with KDEM). The original signature of the Chief Fiscal

Officer is required along with appropriate copies of receipts, payrolls, timesheets, and

descriptions of work accomplished and other documentation supporting the expenditures.

Original supporting documents are to be maintained at the county level where they are subject to

State and Federal audit for three (3) years from the date the final expenditure report is submitted.

All information in the planning grant proposal must be completed as completely and accurately

as possible. All applications must contain the signature of the local LEPC Chairman or the

signature of another authorized official (such as the Emergency Manager) certifying that the

information in the application is correct.

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APPENDIX K

Hazardous Materials Reporting Requirements in Kansas

Emergency Preparedness Phase

1. Identification of Facilities Subject to Special Planning Requirements

a. What? Facilities must report that they are subject to the EPCRA emergency

planning requirements if they have certain extremely hazardous substances (EHS)

listed in 40 CFR 355. Also, facilities subject to special planning requirements

must identify who will participate in the emergency planning process as the

facility representative and facility emergency coordinator.

b. By Whom? Any facility that produces, uses or stores any of the more than 364

EHSs in quantities greater than the Threshold Planning Quantity (TPQ) listed in

40 CFR 355 at any time. Transportation vessels are exempt.

c. Why? EPCRA Section 302, 40 CFR 355, and Kansas Right-to-Know Act

d. How? Submit a Tier II form

e. To Whom? The LEPC and Kansas Department of Health and Environment

(KDHE), Bureau of Air and Radiation. Call 785-296-1688 for more information).

f. By When? Within 60 days after a facility acquires EHSs in a quantity greater

than the TPQ.

2. Annual Chemical Inventory Reporting

a. What?

1. EHSs in quantities equal to or greater than the TPQs listed in 40 CFR 355,

or 500 pounds, whichever is less.

2. Other hazardous chemicals as defined by OSHA in the Hazard

Communication Standard (29 CFR 1910.1200) as presenting a physical or

health hazard present in quantities of 10,000 lbs. or more. No specific list

of chemicals is cited, but chemicals are covered if the owner/operator must

maintain an MSDS on the material under OSHA rules.

3. Note: All Kansas facility operators are required to provide hazardous

chemical information at zero threshold quantities to a fire chief/marshal or

representative of a LEPC, upon request.

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b. By Whom? Private industry. In Kansas, public entities are also subject to

reporting. Certain substances are exempt from reporting. Refer to the Tier II

Reporting Forms & Instruction on KDHE’s website at:

www.kdheks.gov/radiation/indexRTK.html

c. Why? Sections 311 & 312 of EPCRA; 40 CFR 370.20; Kansas Right-to-Know

Act.

d. How? Section 311 – A facility should complete a Kansas Tier II form for

submission as their EPCRA Section 311 Chemical List Inventory (for first time

and update filings). MSDSs for specific substances should only be submitted upon

request of the LEPC, the fire department, or KDHE.

Section 312 – A facility should complete a Kansas Tier II form for submission,

along with a filing fee, as their EPCRA Section 312 Emergency and Hazardous

Chemical Inventory.

e. To Whom? The facility will send the original Tier II report and fee to the KDHE,

Bureau of Air and Radiation with copies to the LEPC and to the local fire

department having jurisdiction over the facility. Contact KDHE, Bureau of Air

and Radiation, (785) 296-1688 for more information.

f. By When? According to Section 311, within 90 days of acquiring new hazardous

chemicals.

According to Section 312, by March 1 of each year for the preceding calendar

year. Changes must be submitted within 60 days.

3. Yearly Toxic Chemical Release Reporting

a. What? Facilities must complete a Toxic Chemical Release Inventory Form R

with estimates of releases of specifically cited toxic chemicals, which enter the

environment.

b. By Whom? Manufacturers (SIC Codes 20-39) which make, process, import or

otherwise use a listed toxic chemical in excess of specified quantities and have 10

or more full-time employees. Toxics are chemicals, which have chronic or longterm

adverse effects on human health. Quantities are 25,000 lbs over a year for

usage in the direct processing or manufacturing. The threshold is 10,000 lbs over

a year for substances used in other than direct processing or manufacturing.

c. Why? Section 313 of EPCRA; 40 CFR 372

d. How? File a Form R, available from EPA Region 7, phone (800) 223-0425, and

KDHE, phone (785) 296-1688.

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e. To Whom? EPA National Headquarters and KDHE

f. By When? By July 1 of each year, reporting on emissions and usage for the

preceding year.

Emergency Response Phase

1. Reportable Spills or Release Reporting by Facilities or Transporters

a. What? Make notification of any release of an EHS listed in 40 CFR 355 or a

hazardous substance listed in 40 CFR 302 which meets or exceeds the threshold

reportable quantity (RQ). The owner/operator shall immediately provide the

information shown in Attachment 1.

b. By Whom?

(1) For Fixed Facilities. Applies to any facility that releases a listed

hazardous substance that exceeds the RQ for that substance. This applies

to the list of 364 EHSs and CERCLA 302(a) hazardous substances.

(2) For Transportation Accidents. The carrier that releases a listed

hazardous substance that exceeds the RQ for that substance. This applies

to the list of 364 EHSs and CERCLA 302(a) hazardous substances.

c. Why? Section 304 of EPCRA; 40 CFR 355; CERCLA 40 CFR 302; K.A.R 28-

65-3; K.S.A 65-5705.

d. To Whom? The facility must report to:

(1) The 24-hour emergency phone number designated by the LEPC

(2) KDEM (receives notification on behalf of the CEPR) at its emergency

response number (785) 296-8013 or (800) 275-0297.

(3) The National Response Center (NRC) at (800) 424-8802.

(4) KDHE, for any spill that impacts the soil, ground water, or waterway at

(785) 296-1679

Copies of written follow-up reports/Form A must go to the LEPC and KDEM.

e. By When? As soon as it is determined that a spill or release has occurred for a

substance covered by the law. Follow-up notifications (Form A) must be made as

soon as practical after the release, but no later than 7 working days.

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f. How Made? Initial notifications should be made by phone or radio. If the release

occurs from a fixed facility, the LEPC, KDEM, and the NRC must be notified. If

the spill impacts the soil or waterway, KDHE must also be notified. When a

transportation-related release occurs LEPC notification is fulfilled by calling 911.

2. Determining What Spills Are Reportable to KDEM

a. Extremely Hazardous Substances. The reportable quantity (RQ) shall be:

(1) For spills onto land – the quantity designated as the Final Reportable RQ

in 40 CFR 355; or

(2) For spills into waters in the state – the quantity designated as the RQ in

40 CFR 355, except where the RQ is greater than 100 lbs in which case

the reporting level shall be 100 lbs.

b. Hazardous Substances. The RQ shall be:

(1) For spills onto land – the quantity designated as the Final Reportable RQ

in Table 302.4 in 40 CFR 302.4; or

(2) For spills into waters in the state – the quantity designated as the RQ in

Table 302.4 in 40 CFR 302.4, except where the RQ is greater than 100

lbs. in which case the reporting level shall be 100 lbs.

c. Oil, Petroleum Product, and Used Oil.

The RQ for oil, petroleum product, and used oil shall be:

(1) For spills onto land – 110 gallons; or

(2) For spills directly into water in the state – a quantity sufficient to create a

sheen.

d. Other Reportable Incidents

(1) All explosions and/or fires associated with oil, gas, and geothermal

activities.

(2) Any injury, death, property damage, evacuation from gas pipelines or

hazardous liquid pipelines or other significant incident.

(3) Any incident, accident, or theft involving radiological materials

(4) Any injury, death, property damage, or evacuation resulting from any

hazardous event

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3. Determining What Spills Are Reportable to KDHE, Bureau of Environmental

Remediation (BER) at 785-296-1679

a. Report within two (2) hours of discovery to BER spills of brine, product

or any chemical that impacts the soils or waters of the state. Examples of

spills subject to the two (2) hour reporting requirement are:

(1) Uncontrolled spill;

(2) Spill enters a waterway;

(3) Spill will result in potential fish kill or threat to wildlife;

(4) Spill of sufficient quantity to impact groundwater;

(5) Brine spill amount greater than 1 barrel that impacts soil.

b. Spills that do not significantly impact the soils or waters of the state can

be reported during normal business hours. Example:

(1) Brine spill amount that is less than one barrel.

c. Spills that do not have to be reported at all are spills that do not impact

the soils or waters of the state. Examples are:

(1) Dripping valves, salt crystals on brine valves;

(2) Spills within a containment structure that does not threaten human

health, safety or the environment.

d. Provide notification to KDHE, Underground Hydrocarbon Storage

(UHS) Unit in the Bureau of Water, within two (2) hours of any event

that could result in potential harm to or endanger public health, safety or

the environment (K.A.R 28-45-12 (h)). UHS Unit’s emergency response

number is 785-224-6717. Two-hour reportable incidents include:

(1) The release of product or any other chemical that poses a threat to public

health, safety, or the environment. (The notification of releases of brine

and product also follows guidelines for BER’s spill notification

procedure.);

(2) The over pressuring, overfilling, establishment of communication, or

any other event that causes a loss of integrity to the cavern or well and

results in a potential threat to public health, safety or the environment;

(3) Equipment malfunction that cannot be readily corrected and could result

in a threat to public health, safety or the environment;

(4) Uncontrolled release of brine or product;

(5) Any event that requires emergency notification of agencies as outlined

in the facility emergency response plan.

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e. If the reportable event does not endanger public health, safety, or the

environment, it can be reported during normal business hours. Examples

are:

(1) Alarms that have been triggered by conditions such as lightning, ice,

etc.;

(2) Pressure exceeded the maximum allowable operating pressure but was

corrected and did not pose a threat.

FORM A

Hazardous Materials Incidents / Accidents / Continuous Releases

REPORT INCIDENT IMMEDIATELY to the KANSAS DIVISION OF EMERGENCY MANAGEMENT (KDEM)

Telephone (785) 296-8013 or (800) 275-0297. THIS COMPLETED FORM must be submitted on-line or faxed (785) 274-1426

to KDEM, Technological Hazards Section, AS SOON AS PRACTICABLE (not to exceed 7 days) after the verbal notification.

Form A(s) may be used as the written follow-up notification to KDEM ONLY IF an UPDATED Form A is submitted after the

incident has concluded and includes additional information on the cause of the release, information on actual response actions

taken, identification of any acute or chronic health risks and advice regarding medical attention necessary for citizens exposed,

if appropriate. Additional information can be mailed to KDEM at: 2800 SW Topeka Blvd, Topeka, KS 66611.

The following fields may have multiple entries: Commodity, Physical Form, Incident Mode, Truck/Trailer Number, Railcar

Number, and Placard. If there is not enough room on this form to report these fields or “What Happened” or “Actions Taken

to Remediate the Incident” please attach another page with the additional details.

1. KDEM CONFIRMATION NUMBER:____________________ IS THIS AN UPDATE TO A PREVIOUSLY SUBMITTED FORM A: YES( ) NO ( )

2. IF A CONTINUOUS RELEASE ENTER STATE CR-ERNS #:________________ DUN & BRADSTREET #:_________________

3. PERSON INITIATING THE CALL: ______________________________________________ SPILLER: YES ( ) NO ( )

Name Title or Position

4. REPRESENTING:_____________________________________________( )________________Ext.____________________

Organization Call Back Number

5. ORGANIZATION ADDRESS:_______________________________________________________________________________

Street City County

6. EMAIL ________________________________________________________________________________________________

INITIAL A.M. DATE INCIDENT A.M. DATE

7. NOTIFICATION: TIME ___________ P.M. _____________ DISCOVERY: TIME ___________ P.M. ____________

8. LOCATION: CITY___________________________________ COUNTY_____________________________________________

9. INCIDENT ADDRESS/LOCATION: (e.g. milepost, HWY, RR, intersection, TWP/RANGE, LAT./LONG.) ____________________________

_______________________________________________________________________________________________________

10. MANUFACTURER AND/OR SHIPPER: _______________________________________________________________________

11. CAUSE OF RELEASE:(CHECK ALL THAT APPLY) EXPLOSION ( ) FIRE ( ) SPILL ( ) EQUIPMENT FAILURE ( )

OPERATOR ERROR ( ) NATURAL PHENOMENON ( ) DUMPING ( ) OTHER ( ) _________________________________

12. INCIDENT MODE: MOTOR CARRIER ( ) FIXED FACILITY ( ) PIPE LINE ( ) RAIL ( ) OTHER ( ) ___________

13. WHAT HAPPENED: ______________________________________________________________________________________

________________________________________________________________________________________________________

________________________________________________________________________________________________________

14. WIND CONDITIONS: DIRECTION _______________ SPEED ___________(e.g. 0-5 mph, 6-10 mph and 11> mph)

15. WEATHER TYPE: (e.g. Sunshine, Rain, Snow, Sleet, Ice, Fog, etc.)_____________________________________________________

16. ARE THERE ANY RESIDENCES WITHIN ¼ MILE: YES ( ) APPROXIMATE NUMBER:________________________________

17. PERSONAL INJURIES: NO ( ) YES ( ) NUMBER: _________ FATALITIES: NO ( ) YES ( ) NUMBER:__________

18. EMERGENCY CREWS ON SCENE: (CHECK ALL THAT APPLY) FIRE ( ) LAW ENFORCEMENT ( ) AMBULANCE ( )

EMERGENCY MANAGEMENT ( ) KSFM REGIONAL RESPONSE TEAM ( ) OTHER __________________________________

19. IS INCIDENT AREA SECURED: NO ( ) YES ( )

Incident Caller

Page 1 of 2

FORM A CONTINUED

20. NAME OF COMMODITY/CHEMICAL: ________________________________________________________________________

21. NAME OF PLACARD (UN NUMBER) APPLIED:__________________________CAS NUMBER__________________________

22. TOTAL RELEASED:__________ AMOUNT INTO WATER:________ CAPACITY OF CONTAINER:_________ UNITS:___________

(Units examples: lbs, gal, bbl, tons, drum, g, g)

23. PHYSICAL FORM: (CHECK ALL THAT APPLY) LIQUID ( ) SOLID ( ) GAS ( )

24. CARRIER NAME: ________________________________________________________________________________________

25. TRUCK/TRAIN NUMBER: ________________________ TRAILER/RAILCAR NUMBER: ______________________________

26. MEDIUM AFFECTED: (CHECK ALL THAT APPLY) NONE ( ) AIR ( ) WATER ( ) SOIL ( ) GROUNDWATER ( )

WITHIN FACILITY ( ) OTHER ( ) _____________________________

If released to water: Type of waterway _____________________________________________________________________

Name of waterway if known ______________________________________________________________________________

27. ACTIONS TAKEN TO REMEDIATE INCIDENT: _______________________________________________________________

_______________________________________________________________________________________________________

28. DID EVACUATIONS OCCUR: NO ( ) YES ( ) NUMBER EVACUATED: FACILITY____________PUBLIC_____________

29. DID SHELTER IN PLACE OCCUR: NO ( ) YES ( ) NUMBER SHELTERED IN PLACE: _____________________

30. BOUNDARIES OF EVACUATED or SHELTER IN PLACE AREA:___________________________________________________

______________________________________________________________________________________________________

31. WHAT OTHER PROTECTIVE ACTION MEASURES WERE RECOMMENDED: ______________________________________

______________________________________________________________________________________________________

______________________________________________________________________________________________________

32. ANY KNOWN OR ANTICIPATED ACUTE HEALTH RISKS NO ( ) YES ( ) ______________________________________________

33. ANY KNOWN OR ANTICIPATED CHRONIC HEALTH RISKS NO ( ) YES ( ) __________________________________________

34. ADVISE REGARDING MEDICAL ATTENTION NECESSARY FOR EXPOSED INDIVIDUALS (IF APPROPRIATE) _______________

__________________________________________________________________________________________________________

WAS A REPORT MADE TO THE FOLLOWING AGENCIES:

LOCAL EMERGENCY PLANNING COMMITTEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .( )

NATIONAL RESPONSE CENTER (NRC) – (800) 424-8802 . . . . . . . . . . . . . . . . . . . . . . . . . . . .( ) CASE # (if known): __________________________

KANSAS DEPARTMENT OF HEALTH AND ENVIRONMENT (KDHE) (785) 296-1679 . . . . . . ( ) CASE # (if known): ___________________________

REPORT TAKEN BY: ____________________________________________________________________________________________

Name Title or Position Agency

This is for other agencies outside of the spiller’s company who receive the notification from the spiller. e.g. 911 dispatcher, local emergency management,

Reporting * Commodity

Actions

Health Risks

REV

06/10 Page 2 of 2

LEPC Handbook SEPTEMBER 2011

91

Appendix L

Tier II Reporting Instructions

92

Kansas Commission on Emergency Planning & Response

Kansas Department of Health and Environment

KANSAS TIER II INSTRUCTIONS

GENERAL INFORMATION

Submission of a Tier II form is required by the Kansas Commission on Emergency Planning & Response under the Federal Emergency Planning and

Community Right-to-Know Act of 1986 (EPCRA) and Kansas EPCRA. The Tier II form provides state and local officials and the public with information on

extremely hazardous and hazardous chemical substances present at your facility.

WHO MUST SUBMIT THIS FORM?

The owner or operator of a facility where extremely hazardous or

hazardous chemical substances are used, produced or stored must

submit Tier II information either by hard copy or via the web if the

quantity of hazardous chemicals on hand exceeds specific thresholds

(see below). If you wish to use the web and have not previously

requested a user ID and password, contact the Hazardous Chemical

Information Unit as directed on page four (4) of these instructions.

WHAT CHEMICALS MUST BE REPORTED?

Hazardous chemical substances that must be reported include any

substances for which your facility must prepare or have available

material safety data sheets under OSHA’s Hazard Communication

Standard 1910.1200. If your facility has more than 10,000 lbs of a

hazardous chemical on hand at any one time during the calendar year,

the chemical must be reported on the Tier II.

In addition, extremely hazardous substances as specified in 40 CFR

Part 355 must be reported on the Tier II form if a facility has more

than 500 pounds or the threshold planning quantity, on hand, at any one

time during the calendar year, whichever is lower. To obtain a list of

extremely hazardous substances and their respective thresholds,

contact the Kansas Department of Health & Environment at (785) 296-

1688 or find the “Title III List of Lists” at

http://www.epa.gov/superfund/contacts/infocenter/epcra.htm.

WHAT CHEMICALS ARE EXCLUDED?

Section 311(e) of EPCRA excludes the following substances from

reporting requirements. These exclusions do not apply to the reporting

of extremely hazardous substances under Section 302 of EPCRA.

(1) Any food, food additive, color additive, drug, or cosmetic regulated

by the Food and Drug Administration.

(2) Any substance present as a solid in a manufactured item to the

extent exposure to the substance does not occur under normal

conditions of use.

(3) Any substance to the extent it is used for personal, family, or

household purposes, or is present in the same form and concentration

as a product packaged for distribution and use by the general public.

(4) Any substance to the extent it is used in a research laboratory or a

hospital or other medical facility under the direct supervision of a

technically qualified individual.

(5) Any substance to the extent it is used in routine agricultural

operations or is a fertilizer held for sale by a retailer to the ultimate

customer.

This information does not have to be submitted if all the chemicals

located at your facility are exempt from reporting. OSHA regulations,

Section 1910.1200(b), stipulate exemptions from the requirement to

prepare or have available MSDS.

WHEN TO SUBMIT THIS FORM.

Owners or operators of facilities that have chemical substances on

hand in quantities that are subject to reporting under Section 312 of

EPCRA must submit Kansas Tier II forms by March 1 of each year. If

new chemical substances that require reporting are brought on site an

update is required within 2 months for Section 302 extremely

hazardous substance reporting and within 3 months for Section 311

inventory reporting. The Kansas Tier II can be used to update, by

marking the appropriate box in item 5 of the Kansas Tier II form

(Section 302, Section 311 and update, or Section 312 and update).

WHERE TO SEND YOUR COMPLETED TIER II.

Send a completed Tier II form to each of the following organizations:

(1) Kansas Department of Health & Environment

Right-to-Know Section

1000 SW Jackson, Suite 330

Topeka KS 66612-1365

(2) Local Emergency Planning Committee. To obtain the address

either call KDHE at (785) 296-1688 or find at

http://www.kansastag.gov/KDEM.asp?PageID=183.

(3) The fire protection service which covers your facility.

PENALTIES

Any owner or operator who violates Tier II reporting requirements

shall be liable to the United States for a civil penalty of up to $25,000

per day for each such violation.

Kansas Commission on Emergency Planning & Response

Kansas Department of Health & Environment

KANSAS TIER II INSTRUCTIONS

How to Fill Out the Tier II Form

93

1. REPORTING PERIOD & PAGES

Enter the year for which the report applies. If there is more than one

page, enter the page number and the total number of pages. The Tier

II form may be copied as needed.

2. FACILITY IDENTIFICATION

Enter the full name of your facility and company identification where

appropriate. Enter the full street address or state route. If a street

address is not available, enter other information that describes the

physical location of the facility (such as longitude and latitude, section,

township and range). Include city, county, state and zip code. Enter

the nearest cross street intersection (list the street). If submitting

an aggregate report, write “see attached aggregate report” here.

2a. NEW FACILITY

Indicate whether or not the facility is new and filing for the first time

by your company.

3. OWNER/OPERATOR

Enter the owner’s or operator’s full business name, mailing address and

phone number. If the forms are submitted by someone other than the

owner/operator list the submitter on the line provided.

4. EMERGENCY CONTACTS

Enter the name, title and work phone number of two local persons who

can be called if emergency responders need assistance in responding to

an incident at the facility. Provide an emergency phone number where

such emergency information will be available 24 hours a day. This

requirement is mandatory. The facility must make an arrangement to

ensure that 24-hour contacts are available. Also, the first person

listed under “Emergency Contacts,” is the facility coordinator as

described in 40 CFR Part 355.

5. SECTION REPORTING

Indicate what section the Kansas Tier II is being submitted to satisfy

(Section 302, 311, or 312). You can check more than one, if applicable.

Indicate whether this is the initial submission for the calendar year, or

an update that is being sent because your facility is using, producing or

storing additional hazardous chemicals that were not reported earlier.

Also check the box if you are submitting the same information this year

as last year.

6a. CHEMICAL DESCRIPTION

The main sections of the Tier II form require specific information on

amounts and locations of hazardous chemicals as defined in the OSHA

Hazard Communication Standard.

Enter the chemical name or common name of each hazardous chemical

substance, along with the Chemical Abstract Service (CAS) registry

number, if available. For mixtures, enter the CAS number of the

mixture as a whole if it has been assigned a number distinct from its

constituents. For a mixture that has no CAS number, leave this item

blank. For all mixtures, report as many components as possible and

their CAS numbers, under section 6b.

If you are withholding the name of a chemical, as a trade secret, in

accordance with criteria specified in EPCRA Section 322, enter the

generic class or category that is structurally descriptive of the

chemical and check the box marked “Trade Secret”. Trade secret

information should be submitted to EPA and must include

substantiation. Please refer to EPA’s final regulation on trade secrecy

(40 CFR Part 350) for details.

CHEMICAL FORM

Check all boxes that apply to the chemical reported. If the chemical is

or contains an extremely hazardous substance check the “EHS” box and

list the specific substance in section 6b. If the substance is a mixture

check the “MIX” box and list components of the mixture in section 6b.

EXAMPLE

You have pure chlorine gas on hand, as well as two mixtures

that contain liquid chlorine. You write “chlorine” and enter the

CAS number. Then you check “pure” and “mix” B as well as

“liquid” and “gas”.

CHEMICAL HAZARDS

For each chemical you have listed, check all the physical and health

hazard boxes that apply. These hazard categories are defined in 40

CFR 370.2. The two health hazard categories and three physical

hazard categories are a consolidation of the 23 hazard categories

defined in the OSHA Hazard Communication Standard, 29 CFR

HAZARD CATEGORY COMPARISON

FOR REPORTING UNDER SECTIONS 311-312

EPA Hazard Categories OSHA Hazard Categories

Fire Hazard Flammable

Combustion Liquid

Pyrophoric

Oxidizer

Sudden Release of Explosive

Pressure Compressed Gas

Reactive Unstable Reactive

Organic Peroxide

Water Reactive

Immediate (Acute) Highly Toxic

Toxic

Irritant

Sensitizer

Corrosive

Other hazardous chemicals with an adverse effect with short

term exposure

Delayed (Chronic) Carcinogens

Health Hazard Other chemicals with an adverse effect with long term exposure

Kansas Commission on Emergency Planning & Response

Kansas Department of Health & Environment

KANSAS TIER II INSTRUCTIONS

How to Fill Out the Tier II Form

94

1910.1200. Mark extremely hazardous substances.

6b. MIXTURE COMPONENT INFORMATION

If the chemical reported in 6a is a mixture, then list each component of

that mixture, the percentage of that component in the mix, (if known) and

the Chemical Abstract Service (CAS) number, if available for the

component. If additional space is needed use the back of the Kansas Tier

II form along with appropriate references.

6c. STORAGE CODES AND LOCATIONS

List all non-confidential chemical locations in this column, along with

storage containers and the conditions of storage associated with each

location. Please note that a particular chemical may be located in several

places around the facility. Each row of boxes followed by a line represents

a unique location for the same chemical.

CONTAINER STORAGE CODES

Enter in the First Box

CODES TYPES OF STORAGE

A Above Ground Tank

B Below Ground Tank

C Tank Inside Building

D Steel Drum

E Plastic or Non-Metallic Drum

F Can

G Carboy

H Silo

I Fiber Drum

J Bag

K Box

L Cylinder

M Glass Bottles or Jugs

N Plastic Bottles or Jugs

O Tote Bin

P Tank Wagon

Q Rail Car

R Other

PRESSURE CODES

Enter in the Second Box

CODES STORAGE CONDITIONS

(PRESSURE)

1 Ambient pressure

2 Greater than ambient pressure

3 Less than ambient pressure

TEMPERATURE CODES

Enter in the Third Box

CODES STORAGE CONDITIONS

(TEMPERATURE)

4 Ambient temperature

5 Greater than ambient temperature

6 Less than ambient temperature,

but not cryogenic

7 Cryogenic conditions

Provide a brief description of the precise location of the hazardous

chemical substances reported in 6a, so that emergency responders can

locate the area easily. You may find it advantageous to provide the

optional site plan or site coordinates. For each chemical, indicate at a

minimum the building or lot. Where practical, the room or area may be

indicated.

If the chemical is present in more than one building, lot, or area,

continue your responses down the page as needed. If the chemical

exists everywhere at the plant site simultaneously, you may report the

chemical is ubiquitous.

INVENTORY AMOUNTS

For each hazardous chemical, estimate the greatest amount present at

your facility at any one time during the calendar year. Enter the

estimated amount in pounds.

For each hazardous chemical, estimate the average weight in pounds that

was present at your facility during the year. Enter this estimated

amount.

Enter the estimated number of days that the hazardous chemical was

found on-site.

Calculate all amounts as weight in pounds. To convert gas or liquid volume

to weight in pounds, multiply by the appropriate density factor. (For

liquids multiply gallons x specific gravity from the MSDS x 8.33 = weight

in pounds).

If a chemical is part of a mixture, you have the option of reporting

either the weight of the entire mixture or only the portion of the

mixture that is a particular hazardous chemical. For example, if a

hazardous solution weighs 100 pounds, but is composed of only 5 percent

Kansas Commission on Emergency Planning & Response

Kansas Department of Health & Environment

KANSAS TIER II INSTRUCTIONS

How to Fill Out the Tier II Form

95

of a particular hazardous chemical, you can indicate either 100 pounds of

the mixture or five pounds of the chemical. For extremely hazardous

substances (EHS) the amount of an EHS at a facility (both in pure EHS

substances and EHSs in mixtures) must be combined for purposes of

threshold determination.

If you are reporting this chemical even though it is present in quantities

below the reporting threshold, you may mark the “Optional Report” box.

These materials will not be included in the fee calculations.

7. CERTIFICATION

The owner or operator or the officially designated representative of the

owner or operator must certify that all information included in the Tier II

submission is true, accurate and complete. On the first page of the Tier

II report, enter your full name and official title. Sign your name and enter

the current date. An original signature is required on at least the first

page of the submission. Submissions to the Kansas State Emergency

Response Commission, LEPC, and fire department must each contain an

original signature on at least the first page.

Subsequent pages must contain either an original signature, a photocopy of

the original signature, or a signature stamp. A signature stamp can be

used provided the Hazardous Chemical Information Unit receives a letter

from the person authorized to sign legal documents and whose signature

stamp will be used, stating the signature facsimile is being authorized for

use. Each page must contain the date on which the original signature was

affixed to the first page of the submission and the total number of pages

in the submission.

8. OPTIONAL ATTACHMENTS

If you choose to attach one of the following, check the appropriate

attachments box at the bottom of the Tier II form.

(1) A site plan with site coordinates indicated for buildings, lots and

areas throughout your facility.

(2) A list of site coordinate(s) abbreviations that correspond to

buildings, lots and areas throughout your facility.

(3) A description of dikes and other safeguard measures for

storage locations throughout your facility.

CONFIDENTIAL INFORMATION

Under Section 324 of EPCRA, you may elect to have certain location

information confidential. If you choose to do so, contact the Kansas State

Emergency Response Commission/Hazardous Chemical Information Unit

for instructions.

AGGREGATE REPORTING

If you have common ownership or operate several facilities that have the

same chemicals at each location in similar quantities* you can complete one

Kansas Tier II report and the aggregate reporting form for all these

facilities. “Similar quantities” is defined in the chart below. The Kansas

Tier II is complete as per the instruction except in section 2 you will

indicate “see attached Aggregate Reporting Form”. The Aggregate

Reporting Form is completed listing each facility, name, location (address

or legal description), and the county in which it is located. If a particular

facility is new and has not been previously reported by you, indicate this

by placing a check mark in the appropriate box under the column marked

“New Facility”.

Attach the Aggregate Reporting Form to the Kansas Tier II.

*Similar quantities are defined as quantities that fall within the same

range codes of the federal Tier II reporting ranges. This table has been

reproduced for your reference.

Range Code Weight in Pound

From To

01 0 – 99

02 100 – 999

03 1,000 – 9,999

04 10,000 – 99,999

05 100,000 – 999,999

06 1,000,000 – 9,999,999

07 10,000,000 – 49,999,999

08 50,000,000 – 99,999,999

09 100,000,000 – 499,999,999

10 500,000,000 – 999,999,999

11 1 billion – higher than 1 billion

An example of a similar quantity would be gasoline reported at two

locations, the first at 12,000 pounds the second at 40,000 pounds. Both

quantities fall in the 04 range above and are therefore considered

similar in quantities. If the same chemical substance at two locations

falls within two different range codes they are not considered similar in

quantity and must be reported as separate facilities.

SPECIAL REPORTING CONSIDERATIONS

1. Facilities storing threshold quantities of petroleum fuels

(gasoline, gasoho1, aviation fuel, diesel #1 and #2) shall be

exempt from fee requirements provided: the petroleum fuel

storage tank is registered with KDHE’s Storage Tank Program,

the petroleum fuels have been reported on the special storage

tank form provided by the department to comply with Section

312 Tier II reporting, and the facility owner/operator has paid

the storage tank program annual fee in compliance with K.A.R.

4-17 or 28-44-28.

2. Each owner/operator of an oil or gas well required to report

under Section 312 (Tier II) of the federal act and K.A.R. 28-

65-3 shall pay an annual fee of $25 regardless of the number

of wells (as defined under K.S.A. 55-150) reporting under an

individual owner or operator business name.

3. Sand, gravel, clay, salt or brine are reportable under Section

312; however, no fees are associated with these “hazardous”

substances.

WEB BASED REPORTING

Section 312 Tier II reports can now be submitted via the web. The

website is located at http://kansas.tier2online.com. To gain access,

facilities will need a User ID and password. Contact Marla Oestreich at

moestrei@kdheks.gov or (785)296-1688 for this information.

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INTENTIONALLY LEFT BLANK

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APPENDIX M

Planning Standards Checklist

for

SARA Title III Compliance

Section 303(a) of the Superfund Amendments and Reauthorization Act (SARA) of 1986 requires

each local emergency planning committee to prepare comprehensive hazardous substances

emergency response plans. The local emergency planning committee is required to review the

plan once a year, or more frequently as changed circumstances in the community or at any

facility may require.

Section 303(b) requires each local emergency planning committee to evaluate the need for

resources necessary to develop, implement, and exercise the emergency plan, and to make

recommendations with respect to additional resources that may be required and the means for

providing these additional resources.

Section 303(c) specifically states that each emergency management plan shall include (but is not

limited to) each of the following items below. These requirements have also been incorporated

into the Kansas Planning Standards for Local Emergency Operations Plans development.

(1) Identification of facilities subject to the requirements of this subtitle that are within

the emergency planning district, identification of routes likely to be used for the

transportation of substances on the list of extremely hazardous substances referred

to in Section 302(a), and identification of additional facilities contributing or

subjected to additional risk due to their proximity to facilities subject to the

requirements of this subtitle, such as hospitals or natural gas facilities.

(2) Methods and procedures to be followed by facility owners and operators and local

emergency and medical personnel to respond to any release of such substances.

(3) Designation of a community emergency coordinator and facility emergency

coordinators, who shall make determinations necessary to implement the plan.

(4) Procedures providing reliable, effective, and timely notification by the facility

emergency coordinators and the community emergency coordinator to persons

designated in the emergency plan, and to the public, that a release has occurred

(consistent with the emergency notification requirements of Section 304).

(5) Methods for determining the occurrence of a release, and the area or population

likely to be affected by such release.

(6) A description of emergency equipment and facilities in the community and at each

facility in the community subject to the requirements of this subtitle, and an

identification of the persons responsible for such equipment and facilities.

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(7) Evacuation plans, including provisions for a precautionary evacuation and

alternative traffic routes.

(8) Training programs, including schedules for training of local emergency response

and medical personnel.

(9) Methods and schedules for exercising the emergency plan.

GUIDELINES FOR SARA TITLE III PLANNING

Below is a set of guidelines for each SARA Item. Each set of guidelines provides:

The SARA Item stated in full.

The intent of the Item.

Specification of information required.

Recommendations are sometimes provided.

(1a) Identification of facilities subject to the requirements of SARA Title III, Section 302

within the emergency planning district.

Intent

The intent of this item is to identify for public safety information and planning purposes

any high risk facilities within the jurisdiction that use or store on site large amounts of

especially hazardous substances (as defined by SARA Title III regulations).

Required

Include a current list of covered SARA Title III facilities within the jurisdiction,

providing current name of each facility, street address of the facility and an emergency

contact telephone number for the facility.

(1b) Identification of routes likely to be used for the transportation of substances on the list of

extremely hazardous substances referred to in Section 302 (a).

Intent

The intent of this item is to identify the location of the covered facilities that may be

transporting extremely hazardous substances and to identify the primary and secondary

routes used within the jurisdiction for such transportation.

Required

1. Identify the location of covered 302 facilities within the jurisdiction.

2. Identify the primary and secondary routes used for transportation of extremely

hazardous substances to and from the covered facilities.

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Recommended

Maps are the preferred method of doing this item and are recommended; however,

maps are not required and the information can be provided in writing.

(1c) Identification of additional facilities contributing or subjected to additional risk due to

their proximity to facilities subject to the requirements of SARA Title III, Section 302,

such as hospitals or natural gas facilities.

Intent

The intent of this item is to identify non-302 facilities with hazardous materials that add

risk due to their proximity to Section 302 facilities if a release occurs at either facility

within the jurisdiction, such as hospitals, daycare centers, schools, fire stations, local

government offices, etc.

Required

1. Name and address of 302 facility.

2. Name and address of nearby non-302 facilities contributing additional risk.

3. Name and address of nearby facilities at additional risk because of nearness to 302

facility.

4. Primary and Secondary Contact names at those nearby non-302 or at risk facilities,

including title and 24 hour telephone number.

Recommended

1. A list of relevant hazardous materials at nearby non-302 facilities is desirable but

not required.

2. Maps are the preferred method of doing this item and are recommended; however,

maps are not required and the information can be provided in writing.

3. A description of occupancy is desirable but not required.

(2a) Methods and procedures to be followed by facility owners and operators to respond to

any release of such substance.

Intent

The intent of this item is to set forth minimal emergency response actions to be

followed by covered facilities and to assure immediate notification of designated public

safety authorities to facilitate a timely and appropriate governmental response, if

necessary.

Required

1. Covered facilities in the jurisdiction must maintain current emergency plans

describing methods and procedures to be followed by facility personnel if there is

an accidental release of a hazardous substance (such plans may incorporate

requirements of various federal or state agencies and counties or municipalities).

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2. At a minimum, facility plans must meet the emergency notification requirements of

SARA Title III, Section 304. Accordingly, covered facilities must immediately

notify:

• Local authorities by dialing 9-1-1

• State authorities by dialing the KDEM Staff Duty Officer at:

785-296-8013 or 800-275-0297

• The National Response Center at 1-800-424-8802

(2b) Methods and procedures to be followed by local emergency and medical personnel to

respond to any release of such substances.

Intent

The intent of this item is to provide a safe, organized response to hazardous materials

incidents at designated SARA Title III 302 facilities and elsewhere in the jurisdiction.

Required

1. A statement that the Incident Command System described in the National Incident

Management System (NIMS) will be used as the general response plan for

hazardous material incidents in (name of jurisdiction), and that the chief officers of

the designated response agencies have been trained in NIMS-ICS operations.

2. Identify the primary response agencies (law enforcement, fire, EMS), the role of

each agency and level of response training.

3. Identify secondary responders (emergency management, public works, etc.), the

role of each and their level of response training.

4. Identify mutual aid response agencies (law enforcement, fire EMS), the role of each

agency and level of response training.

5. Identify special response agencies (regional Hazmat Teams, Emergency

Management, etc.) and the role of each agency.

6. Identify the location of each primary and secondary response agency’s Operating

Procedures and the title of the individual within each agency responsible for the

development of such procedures.

(3a) Designation of a community emergency coordinator (Emergency Management Director)

who shall make determinations necessary to implement the plan.

Intent

The intent of this item is to identify the person or persons authorized to implement the

community emergency plan in the event of a hazardous materials release. While more

than one individual may hold such authority, at least during the initial stages of an

emergency a single individual must be designated as responsible for the overall

implementation of the community emergency plan.

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Required

The (a) Name, (b) Title, (c) 24 hour telephone contact information must be provided for

the emergency coordinator and also for at least one alternate to the emergency

coordinator.

(3b) Designation of a facility emergency coordinator who shall make determinations

necessary to implement the plan.

Intent

The intent of this item is to identify an appropriate facility representative (emergency

coordinator) responsible for emergency planning and response, and to provide their

direct 24-hour contact information for use in the event of a hazardous materials

emergency.

Required

Name, title, work and 24-hour telephone numbers of each 302 facility emergency

coordinator in the jurisdiction, plus the same contact information for at least one

alternate emergency coordinator at each 302 facility. If there are no 302 facilities in the

jurisdiction, this should be indicated.

(4) Describe procedures providing reliable, effective and timely notification by the facility

emergency coordinators to persons designated in the emergency plan, and to the public,

that a release has occurred (consistent with the emergency notification requirements of

SARA Title III, Section 304.)

For More Information on SARA Title III, Section 304

http://www.epa.gov/emergencies/content/epcra/epcra_report.htm

Intent

The intent of this item is to identify the responsible facility personnel or person and

their procedures to be followed in notifying facility responders and the affected

community that a hazardous chemical release has occurred.

Required

Notification procedures must include, but are not limited to:

1. Designated personnel to be notified of a hazardous release.

2. Personnel responsible for public notification.

3. Method(s) used to notify the public that a hazardous release has occurred.

4. Criteria used for mass public notification.

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(5a) Methods for determining the occurrence of a release.

Intent

The intent of this item is to assure that releases of extremely hazardous substances at

SARA Title III, Section 302 facilities in the jurisdiction are detected in a timely

manner.

Required

1. Identify the covered 302 facilities in the jurisdiction that do, and those that do not

have in place and on-site adequate systems, methods and/or procedures to detect

and determine in a timely manner that a release of an extremely hazardous

substance has occurred.

2. Describe the individual systems, methods and/or procedures by reference to the

specific 302 facilities’ emergency response plans on file with the jurisdiction.

(5b) Methods for determining the area or populations likely to be affected by such a release.

Intent

The intent of this item is to assess the seriousness of the release, its scope and the

potential hazard(s) it may cause to the surrounding population.

Required

Information required to determine the affected area and populations includes, but is not

limited to the following:

• The identify of the substance released

• The approximate quantity of the release

• The hazard(s) created by the release

• The impact on the surrounding community created by the release

• Meteorological and other local conditions

(6a) A description of emergency equipment and facilities in the community, and an

identification of the persons responsible for such equipment and facilities.

Intent

The intent of this item is to identify in advance the local availability of public and

private response resources suitable for use during a hazardous materials incident.

Required

1. A listing of publicly owned and available specialized resources (tools, materials,

equipment, facilities and qualified personnel) for use in responding to a hazardous

materials incident, along with the location of all such specialized resources, title and

24 hour contact number(s) of the personnel authorized to release the resources for

use in an emergency incident.

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2. A listing of privately owned and available specialized resources (tools, materials,

equipment, facilities and qualified personnel) for use in responding to a hazardous

materials incident, along with the location of all such specialized resources, title and

24 hour contact number(s) of the personnel authorized to release the resources for

use in an emergency incident.

Recommended

Reference can be made to the resource manual containing the above information that is

maintained by many jurisdictions. Such reference should include the location of any

such manual of resources and a copy of the table of contents or index page. In addition,

it is recommended that any agreements with schools, churches, bus companies, etc. for

congregate care and public transportation; as well as agreements with qualified

hazardous materials clean up contractors, other jurisdictions, etc. be included

(6b) A description of emergency equipment and facilities at each facility in the community

subject to the requirements of SARA Title III, Section 302, and an identification of the

persons responsible for such equipment and facilities.

Intent

The intent of this item is to:

1. Identify which covered Section 302 facilities within the jurisdiction have on their

site specialized tools and equipment to effectively respond to an accidental release

of that facility’s hazardous substance(s).

2. Identify if and how specialized tools and equipment located on site at Section 302

facilities within the jurisdiction may be available for emergency response use at

hazardous materials incidents elsewhere.

Required

A statement from the emergency management director or other responsible public

safety official in the jurisdiction indicating which, if any, covered 302 facilities within

the jurisdiction have specialized tools and response equipment available for use at an

off site hazardous materials incident, along with rules for their release and use. Any

such specialized tools and equipment should be incorporated into the list of available

private resources found in Item 67.

Recommended

Memoranda or agreements of understanding between the jurisdiction and private sector

facilities regarding release and use of specialized tools and emergency response

equipment for off-site purposes are encouraged, and mention of the same, is

recommended in any lists of available private resources maintained by the jurisdiction.

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(7) Evacuation plans, including provisions for a precautionary evacuation and alternative

traffic routes.

Intent

The intent of this item is to describe evacuation plans for the jurisdiction, including

identification of primary and alternate traffic evacuation routes.

Required

1. Identification of primary and alternate evacuation routes within the jurisdiction (if a

GIS map is not used, the names/numbers of streets, roads and highways must be

used)

2. Describe evacuation plans, including but not limited to the following:

• Public notification procedure

• Procedures for initiating a protect in place option

• Provisions to move special populations

• Determination of re-entry procedures

• Identification of shelter locations

(8) Training programs, including schedules for training of local emergency response and

medical personnel.

Intent

The intent of this item is to describe a jurisdiction’s training programs and identify the

types and levels of training contained in those programs, and the responders who

receive the training.

Responders may include:

•Fire

•Law Enforcement

•EMS

•Emergency Management

•Public Works

•Other response groups

Required

Training documentation must contain the following information. More information can

be added, if desired.

• Location of records

• Type of training

• Level of training

◦ Awareness Level

◦ Operations Level

◦ Technician Level

• Personnel who received the training

• Frequency of training

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(9) Methods and schedules for exercising the emergency plan.

Intent

The intent of this item is to demonstrate that the jurisdiction is seriously testing on a

regular basis its ability to respond to a hazardous materials incident.

Required

A copy of the jurisdiction’s methods and schedules for exercising its emergency plan

must be provided or referenced (include location of this information).

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INTENTIONALLY LEFT BLANK

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APPENDIX N

List of Acronyms

BER Bureau of Environmental Remediation

CAMEO Computer-Aided Management of Emergency Operations

CBRN Chemical, Biological, Radiological, or Nuclear

CDX Central Data Exchange

CEPR Commission on Emergency Planning and Response

CERCLA Comprehensive Emergency Response, Compensation,

and Liability Act (Superfund)

CFR Code of Federal Regulations

CRTK Community Right-to-Know

DOT Department of Transportation

EHS Extremely Hazardous Substance

EOC Emergency Operations Center

EMPG Emergency Management Performance Grant

EPA Environmental Protection Agency

EPCRA Emergency Planning and Community Right-to-Know Act

EPD Emergency Planning District

FEMA Federal Emergency Management Agency

HM-EEM Hazardous Materials Exercise Evaluation Methodology

HMEP Hazardous Materials Emergency Planning

ICS Incident Command System

KAR Kansas Administrative Regulations

KCC Kansas Corporation Commission

KDEM Kansas Division of Emergency Management

KDHE Kansas Department of Health and Environment

KOMA Kansas Open Meetings Act

KSA Kansas Statutes Annotated

LEOP Local Emergency Operations Plan

LEPC Local Emergency Planning Committee

LGR Local Governments Reimbursement

MSDS Material Safety Data Sheet

NIMS National Incident Management System

NFPA National Fire Protection Association

NRC National Response Center

NRT National Response Team

OSHA Occupational Safety and Health Administration

PSA Public Service Announcement

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RMP Risk Management Plan

RQ Reportable Quantity

RSPA Research Support Program Administrative

SARA Superfund Amendments and Reauthorization Act

SEP Supplemental Environmental Projects

SERC State Emergency Response Commission

SIC Standard Industrial Classification

TPQ Threshold Planning Quantity

TRI Toxic Release Inventory

UHS Underground Hydrocarbon Storage

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To receive information on LEPCs or to request additional

LEPC forms provided in this booklet, please contact:

KANSAS DIVISION OF EMERGENCY MANAGEMENT

ATTN: Technological Hazards Section

2800 SW Topeka Blvd

Topeka, KS 66611

(785) 274-1408

or visit:

http://www.kansastag.gov/KDEM.asp?PageID=177