Emergency Planning & Community Right-to-Know Emergency Planning & Emergency Planning & Community Right-to-Know Community Right-to-Know Susan Parker Susan Parker Michigan Michigan SARA Title III SARA Title III Program Program DNRE DNRE April 2010 April 2010 History of the Regulation History of the Regulation Comprehensive omprehensive E Environmental nvironmental � C � R Response, esponse, C Compensation and ompensation and L Liability iability A Act of ct of 1980 1980 Cleanup hazardous waste disposal sites � Cleanup hazardous waste disposal sites � Emergency response for hazardous hazardous � Emergency response for � substances released into the into the substances released environment environment CERCLA = Superfund = Superfund CERCLA 2 Michigan SARA Title III Program 1
Emergency Planning & Community Right-to-Know December 3, 1984 December 3, 1984 in Bhopal, India in Bhopal, India December 3, 1984 in Bhopal, India Union Carbide chemical plant Union Carbide chemical plant Union Carbide chemical plant Methyl isocyanate isocyanate release release Methyl isocyanate release Methyl 4,000 deaths 4,000 deaths 4,000 deaths 40,000 maimed & seriously 40,000 maimed & seriously 40,000 maimed & seriously injured injured injured Plants defoliated Plants defoliated Plants defoliated Livestock died Livestock died Livestock died 3 History of the Regulation History of the Regulation � S Superfund uperfund A Amendments and mendments and � Reauthorization eauthorization A Act of ct of 1986 1986 R (SARA SARA) ) ( SARA Title III = Emergency = Emergency � SARA Title III � Planning and Community Right- - Planning and Community Right to- -Know Act ( Know Act (EPCRA EPCRA) ) to 4 Michigan SARA Title III Program 2
Emergency Planning & Community Right-to-Know What is Right-to-Know? What is Right-to-Know? � Employee Right Employee Right- -to to- -Know Know � Occupational Safety & Health � Occupational Safety & Health � Administration (OSHA) Administration (OSHA) Hazard Communication Standard � Hazard Communication Standard � (29 CFR 1910.1200) (29 CFR 1910.1200) Material Safety Data Sheet (MSDS) � Material Safety Data Sheet (MSDS) � � www.osha.gov www.osha.gov � PROTECTION OF THE EMPLOYEE PROTECTION OF THE EMPLOYEE PROTECTION OF THE EMPLOYEE 5 What is Right-to-Know? What is Right-to-Know? Firefighter Right- -to to- -Know Know � Firefighter Right � � Michigan OSHA (MIOSHA) Michigan OSHA (MIOSHA) � Fire Prevention Code (1941 PA 207) � Fire Prevention Code (1941 PA 207) � Fire Dept Hazardous Material � Fire Dept Hazardous Material � Emergency Planning Emergency Planning Responsibilities (Bulletin 9) Responsibilities (Bulletin 9) www.michigan.gov/deleg � www.michigan.gov/deleg � PROTECTION OF THE FIREFIGHTER PROTECTION OF THE FIREFIGHTER PROTECTION OF THE FIREFIGHTER 6 Michigan SARA Title III Program 3
Emergency Planning & Community Right-to-Know What is Right-to-Know? What is Right-to-Know? � Community Right Community Right- -to to- -Know Know � SARA Title III � SARA Title III � � LEPCs LEPCs planning responsibilities planning responsibilities � � Facilities provide planning information Facilities provide planning information � Facilities provide hazardous chemical � Facilities provide hazardous chemical � inventories inventories Tier Two report � Tier Two report � www.michigan.gov/sara � www.michigan.gov/sara � PROTECTION OF THE COMMUNITY PROTECTION OF THE COMMUNITY PROTECTION OF THE COMMUNITY 7 Emergency Planning Emergency Planning State Police Emergency Managers Act 390 – Emergency Management Act Emergency Operations Plan Emergency Action Guidelines Firefighters LEPCs MIOSHA SARA Title III Onsite Response Plan Offsite Response Plan General & Community & Site-specific Site-specific Facilities MIOSHA HAZWOPER Onsite Response Plan 8 Michigan SARA Title III Program 4
Emergency Planning & Community Right-to-Know SARA Title III in Michigan SARA Title III in Michigan (Chapter 1) (Chapter 1) Federal Regulation � Federal Regulation � Enforced by EPA � Enforced by EPA � Implemented under � Implemented under � Executive Order from Executive Order from the Governor the Governor 9 SARA Title III - SARA Title III - Components Components SARA Title III - Components Emergency Planning � Emergency Planning � Emergency Planning � Sections 302 & 303 Sections 302 & 303 Sections 302 & 303 Emergency Release Notification � Emergency Release Notification � Emergency Release Notification � Section 304 Section 304 Section 304 Hazardous Chemical Inventory � Hazardous Chemical Inventory � Hazardous Chemical Inventory � Sections 311 & 312 Sections 311 & 312 Sections 311 & 312 Toxic Chemical Release Inventory � Toxic Chemical Release Inventory � Toxic Chemical Release Inventory � Section 313 Section 313 Section 313 10 Michigan SARA Title III Program 5
Emergency Planning & Community Right-to-Know SARA TITLE III - - Components Components SARA TITLE III - Components SARA TITLE III � Emergency Planning - 302 & 303 � Emergency Planning - 302 & 303 � Emergency Release Notification � Emergency Release Notification � Hazardous Chemical Inventory � Hazardous Chemical Inventory � Toxic Chemical Release Inventory � Toxic Chemical Release Inventory 11 Emergency Planning Emergency Planning Sect 302 & 303 Sect 302 & 303 � Establish State Emergency Establish State Emergency � Response Commission (SERC) Response Commission (SERC) � Michigan Citizen Michigan Citizen- -Community Community � Emergency Response Coordinating Emergency Response Coordinating Council (Exec. Order 2007 Council (Exec. Order 2007- -18) 18) � Establish Local Emergency Planning Establish Local Emergency Planning � Committees (LEPCs LEPCs) ) Committees ( � 88 88 LEPCs LEPCs in Michigan in Michigan � 12 Michigan SARA Title III Program 6
Emergency Planning & Community Right-to-Know Emergency Planning Emergency Planning SERC Involvement SERC Involvement Receive Facility Reports Receive Facility Reports � DNRE DNRE Michigan SARA Title III Michigan SARA Title III � Program Program Review LEPC Plans Review LEPC Plans MSP Emergency Management & Emergency Management & � MSP � Homeland Security Division Homeland Security Division (EMHSD) (EMHSD) 13 Emergency Planning Emergency Planning Sect 303 LEPC Requirements Sect 303 LEPC Requirements � LEPC LEPC writes writes Offsite Offsite HazMat HazMat Response Response � Plans Plans � Containing information about certain Containing information about certain � facilities facilities Submit to MSP- -EMHSD EMHSD � Submit to MSP � Provide copies to Responders � Provide copies to Responders � How does the LEPC get the How does the LEPC get the information they need? information they need? 14 Michigan SARA Title III Program 7
Emergency Planning & Community Right-to-Know Emergency Planning (Chapter 2) Emergency Planning (Chapter 2) Sect 302 Facility Requirements Sect 302 Facility Requirements Extremely Hazardous Substance (EHS) (EHS) � Extremely Hazardous Substance � at or above the Threshold Planning the Threshold Planning at or above Quantity (TPQ) Quantity (TPQ) (Appendix A) (Appendix A) Submit Emergency Planning Emergency Planning � Submit � Notification, Notification, a a ONE TIME REPORT ONE TIME REPORT within 60 days within 60 days To Michigan SARA Title III Program � To Michigan SARA Title III Program � (online online) and ) and LEPC LEPC ( 15 Emergency Planning Emergency Planning Sect 302 Facility Requirements Sect 302 Facility Requirements � Designate a facility Designate a facility emergency emergency � coordinator coordinator and tell the and tell the LEPC LEPC � Provide Provide information information requested by the requested by the � LEPC that it needs to fulfill its planning that it needs to fulfill its planning LEPC responsibilities responsibilities � Inform the Inform the LEPC LEPC of any of any changes changes � relevant to emergency planning relevant to emergency planning 16 Michigan SARA Title III Program 8
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