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2011 IERC Conference Local Emergency Planning Committees REVIEW/UPDATES Ian Ewusi IERC Field Representative How did LEPCs come about? Emergency Planning and Community Right-to-know Act (EPCRA) Methylisocyanate Releases Union Carbide Chemical Plants (1980s)  Bhopal, India—2,500 people killed and over 10,000 known injuries  West Virginia, USA—Some fatalities and thousands of known injuries What are the intentions of EPCRA? A community’s right to know Improve community preparedness Promote cooperation Increase public awareness Build information database Why should you have an LEPC?  County-specific information on chemicals present in communities  Community Right-to-Know about these chemicals  Local governments in charge of their own counties Statutes Federal Laws Adopted by Indiana & State Laws 42 USC 11001-11050 IC 13-25-1  IERC and LEPC establishment and duties IC 13-25-2  Facility emergency planning & notification IC 6-6-10  Funding IERC & LEPCs 49 CFR 110.40  Funding LEPCs (HMEP/Hazardous Materials Transportation Safety and Security Reauthorization Act of 2005) Composition of IERC and LEPCs Representatives from… IERC state government―4 reps local government―3 reps business & industry―3 reps general public―3 reps LEPCs local/state government law enforcement emergency management fire fighting emergency medical services health profession environmental organizations transportation broadcast/print media industry community groups hospitals Duties & Responsibilities Statutory Requirements IERC    LEPCs Maintain SARA Title III  Meet funding requirements records  Develop, manage and execute emergency response plans Manage LEPCs dealing with accidental chemical Allocate funding to release from facilities compliant LEPCs  Distribute information to the general public Goals of the IERC To Meet Statutory Requirements  Maintain SARA Title III records in Indiana (chemical storage and spill information)  Provide consistent statewide leadership to LEPCs as they develop emergency response plans to deal with accidental chemical releases from Title III facilities in their counties and as they make available to the general public chemical information submitted by those facilities  Encourage statewide LEPC compliance with statutes Goals of the IERC Not Required by Statute  Facilitate/provide adequate and appropriate hazardous materials response training for emergency response community (CAMEO, Hazmat response, plan exercising)  Provide training in EPCRA reporting for LEPCs and facilities with SARA Title III chemicals  Provide technical assistance/training to LEPCs in development of emergency response plans How are LEPC members appointed?  LEPC selects members  List is presented to IERC for approval  LEPC chooses chair and vice-chair without involvement of IERC  No limits on terms for members, but terms are usually 1 year  LEPC must outline membership terms in its bylaws Goals of an LEPC To Meet Statutory Requirements  Have an emergency plan in place to address chemical accidents  Coordinate both local and state emergency personnel during emergencies  Keep citizens informed about the chemicals in their areas, and protect them from such chemicals  Be a resource of information and expertise for interagency activities and emergency response action  Sustain itself by keeping members of its community involved LEPC & EMA Connection Federal Resources LEPCs State Government IERC State Resources Local Resources EMAs Local Government County Councils Remember…LEPCs and EMAs are Separate Entities LEPCs EMAs  Are small units of state government  Have voluntary members  Are NOT response agencies  DO NOT manage county agencies  Compile county-specific chemical storage  Are major units of local government  Have only members who are paid emergency response professionals  Are response agencies  DO NOT manage state agencies  Manage natural disasters  Develop county-specific response inventories information held by industry  Develop county-specific emergency response plans for accidental chemical releases  Disseminate information on chemical safety and prevention to the public  Provide affordable education/training to the local response agencies  plans to address natural disasters Report to the IERC and the public  Report to respective county councils  AND MUCH MUCH MORE But… The duties and personnel of the LEPCs and EMAs may overlap Some examples are…  LEPC members may also be EMA employees  LEPC members may also serve on the County Council  LEPC meetings may be facilitated at EMA offices  LEPC equipment and records are often housed at EMA sites  LEPCs may fund EMA hazardous materials-related activities  EMA response to natural disasters may require the use of LEPC plans  EMA directors often serve as LEPC chairs  Public/industry communication with LEPCs is often done through EMAs  Federal and state agencies often communicate with LEPCs through EMAs and vice versa.....AND MUCH MUCH MORE Annual LEPC Requirements & Due Dates  Legal Notices January 31  Roster  Fiscal Report  Plan Review  Bylaws  Meeting Minutes December 31  Exercise Report December 31 March 1 March 1 December 31 December 31 Legal Notices Due January 31 Dos...  Provide a copy of the publisher’s affidavit  Submit newspaper clipping of the notice Don’ts…  Submit a letter sent to media stating meeting dates, times and location Sample Legal Notice Affidavit Membership Roster  Due March 1 Fill in all categories  Minimum: 13 members  Maximum: 9 members per category  Sign and date forms  Update roster anytime during the year  Provide membership removals/additions Sample Roster Fiscal Report Due March 1  Previous year’s expenditures  County treasurer’s report  Form signed and dated All expenditures must meet these conditions:  Approved at a legal meeting  Approved at meeting with quorum of members  Approved by an LEPC majority vote 2011 FISCAL REPORT FOR ________COUNTY LEPC Complete the information and return this completed report to the IERC by March 1, 2012. Completion of this report fulfills your reporting requirement under IC 6-6-10-8 (Annual report of the Local Emergency Planning Committee) which states: "Each year, a local emergency planning committee shall submit to the emergency response commission a report that describes the expenditures of the local emergency planning committee in the preceding year that were paid for with money distributed under section 7 of this chapter." Please break down the disbursements from the Emergency Planning and Community Right-To-Know Fund as to how the money was distributed in each of the allowable expense categories. Account balance as of 1/1/11 Sample Fiscal Report Total Receipts in 2011 Subtotal Disbursements for 2011: 1. Emergency Planning 2. Data Management 3. Training 4. Hazardous Material Response Equipment 5. Administrative Communication Equipment 6. Meeting Stipend 7. Special Projects Approved at a SERC Meeting 8. Maintenance of LEPC purchased Equipment Total Disbursements for 2011 Account Balance as of 12/31/11 Report completed by: (Type or print name) (Title) (Signature) (Date) Please attach a copy of your county LEPC printout (also known as County Council budget report). LEPC Plan Updates Due December 31 Dos...  Use the 9 planning elements in the plan evaluation checklist  Submit only updates to the plan (paper or electronic format) rather than the entire plan  Provide actual text/maps as they would appear in the plan  Submit all items requiring annual updates (denoted by *) Don’ts...  Send a letter stating “no changes to the plan”  Send a letter stating changes without paper or electronic files  Submit plans not addressing hazardous materials and/or the 9 planning elements  Submit the plan review with your changes/comments on it Sample Plan Evaluation Checklist CAMEO- developed plans are encouraged Bylaws Due December 31 Dos...  Provide copies to all members  Review bylaws at a committee meeting  Address quorum and proxy issues  Address absenteeism  Evaluate membership stipend payments Don’ts…  Adopt the IERC template or another LEPC’s bylaws without review Exercise Report Due December 31 Dos…      Submit proposal report 30 days before exercise (on the exercise proposal form) Conduct tabletop, functional, full-scale or actual event Use EHS/HS in the prescribed reportable quantities in the exercise Partner with other county response agencies for the exercise Submit credit report within 30 days after exercise completion (on the exercise credit form) Don’ts…  Submit EMA/CEM exercise reports in lieu of LEPC exercise reports Sample Exercise Proposal Report Sample Exercise Credit Report Meeting Minutes Due December 31 Dos...     Publish/post meeting announcement, agenda and minutes in accordance with “open door law” Have a quorum present Hold 2 meetings every 6 months Submit minutes with date/time and attendee sign-up sheets Don’ts…  Submit county executive/council meeting minutes  Submit EMA/LEPC joint meeting minutes What your LEPC gets from the state for being compliant  Funding  Annual fees collected  Grants (HMEP)  Guidelines from the IERC  Information and assistance from your field representative 8 LEPC Expense Categories $ Establishing LEPC plan $ Dealing with public information requests $ Training for emergency and HAZMAT response $ Equipping a HAZMAT response team $ Purchasing communication gear $ Paying member stipends  $20 per member per LEGAL meeting $ Paying for special projects  Must be PRE-APPROVED by IERC $ Maintaining, repairing, calibrating LEPC equipment Lingering LEPC Issues  Procedure for procurement of LEPC funds (handout letter or IERC handbook p. 47)  Proxy / designee rules―IC 13-25-1-6 (handout)  Ethics training requirements―IC 4-2-6 & 42 IAC  Exercises requirement―EHSs vs HSs with other response agencies/districts  Contracting with LEPC members (Conflict of interest disclosure, IERC Handbook p. 99) Lingering LEPC Issues  EPCRA reporting methods―online vs. paper  Facility compliance and enforcement (IERC handbook pp. 91-96) HMEP grant application   Timelines  iGMS process Contact Information John Steel, LEPC Coordinator Indiana Department of Homeland Security 302 West Washington Street, Room E208 Indianapolis, IN 46204 Office: (317) (317) 233-6519 Fax: (317) 233-5006 jsteel@dhs.in.gov Ian Ewusi, IERC Representative Indiana Department of Homeland Security 302 West Washington Street, Room E208 Indianapolis, IN 46204 Mobile: (317) 695-2119 Fax: (317) 233-5006 iewusi@dhs.in.gov

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