Document kqJjVkDNq6z9902Qed9BXapD

ABD00292194 Last iJuuoiO MISSISSIPPI EMERGENCY RESPONSE COtUSSICN August 26, 1*567 EMERGENCY FLANGING AND CCmJNITY RIGHT TO KNOW MERC - 1 I. Authorities: Title III of the S-ce^unc Amendments and Reautnoriza'tion Act of 19S6 (42 U.S.C. 11001 ,ez.seq.), Section 33-15-11, Mississippi Code of 1972, and Executive 0573. II. Regulatory Intent: It is the intent of t.nese regjiations to apply the federal law and regulations for the irrolementation of comprehensive state and local response planning and Community Right to Know in Missis sippi. Tne process is designea to Drotect tne public and the environ ment from an accidental release of an extremely hazardous substance, and to increase tne puolic awareness. Wnere there are ommissions, am biguities or differences from the feoeral laws and regulations, tne federal law and regulations shall govern. III. Definitions: "Act" means the Superfund Amendments and Reauthorization Act of 19S6. "CERCLA" means the Comprehensive Emergency Response, Compensation and Liability Act of 1930, as amenosc. "CERCLA Hazardous Substance" means a substance as defined in the list in Section 101 (14) of CERCLA (40 CFR 3C2.4) "Environment" includes water, air and land, and the interrelationship that exists among and between water, air and lard, and all living things. "Commission" means the Mississipoi Emergency Response Commission or. "MERC" (the Mississippi Emergency Management Agency) as designated by Executive Order 573. "Committee" means the local emergency planning committee. "Emergency Planning District" means the counties of Mississippi desig nated as "districts" in accordance with tne Act and this rule. "Extremely Hazardous Substance" means the suostances listed in Appendix A and in 40 CFR 355 (FR 52, 13376, ril 22, 1987). 1 ABD00292195 "Facility" rreans all buildings, equipment, structures, and other sta tionary items which are located on a single site or on contiguous or ad jacent sites ana which are owned or operated by the same person (or by any person whic.n controls,is controlled by, or under common control with, such person). For purposes of emergency release notification, the term includes motor vehicles, rolling stock, and aircraft. "Hazardous Chemical" means any hazardous chemical as defined by 29 CFR 1910.1200 (c), except that it does not include the following substances: (1) Any food, food additives, color additives or cosmetic regulated by the Food and Drug Administration. (2) Any substance present as a solid in any manufactured item to the ex tent exposure does not occur under normal conditions of use. (3) Any substance to the extent it is used for personal, household purposes, or is present in the same form as packaged for distribution and use by the general public. family or a product (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 person. (5) Any substance to the extern: it is used in routine agricultural operations or is a fertilizer held for sale by a retailer to an ul timate customer. "Inventory Form" means chemical inventory forms January 27, 1987). the Tier I and Tier II emergency and hazardous specified in 40 CFR 370.40 (FR 52 , 2835, "Material Safety Data Sheet" or "MSDS" means the sheet required to be prepared under 29 CFR 1910.1200 (g). "Mixture" means a heterogenous association of substances where the various individual substances retain their identities and can usually be separated by mechanical means. Includes solutions or compounds but does not include alloys or amalgams. "Person" means any-individual,trust, firm, joint stock company, corpora tion, partnership, association, State, municipality, commission, politi cal subdivision of a State, or interstate body. "Release " means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or dispos ing into the environment (Including the abandonment or discarding of barrels, containers and other closed receptacles) of any hazardous chemical, extremely hazarocus substance, toxic chemical or CFRCLA Haz ardous substance. "Reoortable Quantity ' .rears for any CERCLA hazaroous substance, the ap plicable quantity estaclisnea in the table m 40 CFR 302.4 for such sudstanee; for any otner substance, tne reportable quantity is one pound. 2 ABD00292196 "Threshold Planning Quantity" rears for a substance listed in Appendix A or in the tables appenced to 40 CFR 355, the quantity listed in the column "threshold planning quantity" fcrtne substance. "Toxic chemical" means a chemical or chemical category listed in 40 CFR 372.45. (FR 52, 21152, June 4, 1987) "State" means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Northern Mariana Islands and any territory or pos session over which the United States has jurisdiction. "USEPA" means the United States Environmental Protection Agency. IV. The Mississippi Emergency Response Commission: The Mississippi Emergency Management Agency was designated Mississippi Emergency Response Commission (tHRC) on March 3, 1987, by the Governor of Mississippi. The Mississippi Emergere/ Response Commission has cer-- tain powers to irrplement the previsions of Title III of the Superfund Amendments and Reauthcrization Act (the Emergency Planning and Community Right to Know Act of 1986) (42 U.S.C. 11001 .et.seq.). Specifically, the Commission shall: a) Designate emergency-planning districts within the State; b) Appoint local emergency planning committees; c) Supervise and activities; coordinate local emergency planning committee d) Establish procedures for receiving and processing requests from the public for information unoer Section 324 of the Act including Tier II information under Section 312. e) Designate an official to serve as coorairator for information; f) Carry out any other responsibilities as oesignated by the Act and any amendments thereto. V. Emergency Planning Districts: To facilitate emergercy plan preparation as well as the execution of emergency plans, effective July 17, 1997, eac.n county in Mississippi is designated as an emergency planning district, except that those multi county districts formed in accordance with Section 33-15-17 (a), Missis sippi Code of 1972, may be oesignated if so requested. Requests for such designation shall be submitted to the Commission in writing. VI. Local Emergency Planning Committees: Local emergency planning committees snail be establisned witnin eacn 3 ABD00292197 emergency planning district no later tnan 30 days after the designation of the emergency planning district, or by August 17, 1987, whichever is earlier. a) Planning Committee Representatives The local emergency planning committee stall, as a minimum, be com posed of representatives from the following groups or organizations: State and local elected official Civil defense/emergency management First aid or emergency mecical Local environmental groups Broadcast and print media Owners and operators of facilities (Subject to the Act) Law enforcement Fire fighting Health Hospital Transpor tat ion Community Groups b) Establishing a Local Emergency Planning Committee The President of the Board of Supervisors of the emergency planning district (county) shall be responsible, in coordination with other local officials, for recruiting and recommending in writing to the Commission the names of persons representing the organizations or groups cited in paragraph VI. a) of this rule. The Commission shall review the list of recommended local emergency planning district and, from those lists, appoint members to serve on each district's local emergency planning committee. The Commission shall notify the President of the 8oard of Supervisors of each emergency planning district in writing of the local emergency planning committee apointments. c) Within thirty days following appointment, the local emergency plan ning committee shall elect a chairperson and designate an official to serve as coordinator for information. The local emergency plan ning committee shall also establish rules and guidelines by which it shall function. d) The local emergency planning committee shall notify the Commission in writing of its elected chairperson and oesignated coordinator for information, including the aocresses and phone numbers of these of ficials. The Commission shall provide a copy of this information to anyone upon request. e) The local emergency planning committee snail establish procedures for receiving and processing reouests from the public for informa tion under Section 324 of the Act, including Tier II information un der Section 312 of the Act. f) Revisions The Commission may revise designated emergency planning districts and local emergency planning committee appointments. Interested persons mav petition the Commission to modify a local emergency planning committee membership by writing to the Chairman, Missis- ABD00292198 sippi Emergency Response Commission, P.0. Box 4501 Jackson, Ms. 39216-0501. VII. Functions of a Local Emergency Planning Committee: The local emergency planning committee shall, as a minimum, carry out the following functions: a) Elect a chairperson; b) Appoint a coordinator for information; c) Notify the Commission in writing whenever there is a change in the chairperson or the coordinator for information. d) Establish operating rules and guidelines to include provisions for the following activities: 1) Rjblic notification of committee activities 2) Public discussion of emergency plans 3) Acknowledge need for public comments 4) Response to public comment 5) Distribution of the local emergency plan 6) Receiving and processing requests from the public for informa tion. e) Prepare a local emergency plan. VIII. Preparation of Local Emergency Plan: a) Each local emergency planning committee shall complete an emergency response plan by October 17, 1988. The plan shall be prepared using the guidance contained in NRT-1, (Hazardous Materials Emergency Planning Guide, March 1987) and any additional guidance provided by the Commission. After completion of an emergency response plan for an emergency planning district, the local emergency planning com mittee shall send a copy of the plan to the Mississippi Emergency Response Commission. The Commission shall review the plan and make recommendations in writing to the committee on revisions of plan that may be necessary to ensure coordination of such plan with plans of other local emergency planning districts. The committee shall review such a plan once a year, or mere frequently, as circumstances in the community or at any facility may require. The emergency plan shall cover, as a minimum, the following: 1) Identification of facilities and transportation routes for ex tremely hazardous materials; 2) Emergency response procedures, on site and off site; 3) Designation of a community emergency coordinator and facility emergency coordinator; 4) Emergency notification procedures; 5) Methods for determining the occurrence of a release and the prooaole affected area ana peculation. 6) Description of tne community and industry emergency equipment 5 A ABD00292199 and facilities and the identity of persons responsible for them; 7) Evacuation plans; 8) Training programs; ana 9) Methods and schedules for exercising eiergency plans. Upon request from the local planning committee. b) The owner or operator of a facility shall provide information neces sary for developing emergency plans to the local emergency planning committee. IX. Substances and Facilities Covered a) Substances -- a substance is subject to the provisions of the Act if listed in 40 CFR 355.(See Appendix A) b) Facilities 1) Any facility is subject to the requirements of Title III and this rule if that facility has present a substance specifically listed in Appendix A in an amount in excess of the established threshold planning quantity. 2) The Commission may designate additional facilities as subject to the Act for the purpose of emergency planning. Such additioral designations will be made only after public notice and oppor tunity for comment. The Commission shall notify the facility and the local emergency planning committee concerned of any ad ditional designations under this section. X. Notification a) Emergencr/ Planning Notification No later than May 17, 1987, the owner or operator of a facility sub ject to the requirements of Section IX b) 1) of this rule and Sec tion 302 b) (1) of the Act shall notify the Commission that their facility is subject to the requirements of Title III and this rule. The notification shall be in writing and addressed to the Chairman, Mississippi Emergency Response Commission, P.0. Box 4501, Jackson, Ms 39216-0501. As a minimum, the notification will include the name of the facility, location, mailing address, telephone nurroer and the name of a contact person. b) Follow-on Notification. After May 17, 1987, t!~e owner or operator of each facility subject to the requirements of Section IX b) I) of this rule shall notify the Commission that such facility is subject to these requirements. Thereafter, if a substance on the list of extremely hazardous sub stances first becomes present at a facility in excess of the threshold planning auantity established for each substance, or if there is a revision of suc.n list and the facility has present a sub stance on the revisea list in excess of the threshoia planning quan tity estaolisneo for sucn substances, the owner or ooerator of tne facility snail notify tne Commission ana the local emergency plan- 6 A ABD00292200 ning committee within 60 days after such acquisition or revision that such facility is subject to the requirements of this rule. The notification shall be in writing, as above. The Commission shall notify the USEPA of each facility providing notification. c) Facility Emergency Coordinator The owner or operator of a facility shall designate a facility emer gency response coordinator. The facility shall Notify the local emergency planning committee of this designation on or before Sep tember 17, 1987, or 30 days after establishment of the committee, which ever is earlier. If there is no committee established, the notification shall be provioed to the Commission. XI. Emergency Notification a) applicability 1) This section applies to any facility at which a hazardous chemi cal is produced, used or stored and at which there is.a release in excess of a reportable quantity of any extremely hazardous substance listed in 40 CFR 355 or a CERCLA hazardous substance. 2) This section does not apply to any release which results in ex posure to persons solely within the boundaries of the facility; any federally permitted release (Section 101 (10) of CERCLA); any continuous release (Section -103 (f) of CERCLA); or any release exempt from CERCLA Section 103 (a) reporting. b) Notification Requirements Notice shall be given immediately to the emergency response cooi-- dinator of the local emergency planning committee by calling the number established and to the Commission by calling 1-800-222-6362 in Mississippi. c) Content of Notification The notification stall include the following to the,extent known at the time of notification and so long as no delay in notice or emer gency response results: 1) The chemical name or identity of the substance; 2) Whether it is an extremely hazardous substance; 3) The estimated quantity of the release; 4) The time and duration of the release; 5) The medium or media into which the release occurred; 6) Any known or anticiated health risks; 7) Protective action recommendations; and 8) The name (s) and telepncne number (s) of person (s) to be con tacted for further information. d) Written Follow-up Notification As soon as practicable after a release whicn requires notice, a 7 A ABD00292201 written follow-up notice will be made to update the data previously provided, and shall including the following additional information: 1) Actions taken to respond to and contain the release; 2) Any known or., anticipated health risk associated with the release; and 3) Where appropriate, advice regarding medical attention for ex posed individuals. e) Transportation Release Notification An owner or operator of a facility from which there is a transporta tion related release may meet the requirements of this section by calling 1-900-222-6362 and providing the information in paragraph XI c). For the purpose of this paragraph, a "transportation-related release" means a release during transportation or storage incident to transportation if the . stored substance is moving unoer active shipping papers and has not reached its ultimate consignee. XII. Reporting Requirements "Reporting requirements will be those published as the final regulations under Subtitle 8, Sections 311, 312, and 313 of the Act. XIII. FUolic Availability of MSDS, Plans and Forms a) Each emergency response plan, material safety data sheet, list described in Section 311 (a) (2), inventory form, toxic chemical release form and follow up emergency notice is to be made., available to the public, consistent with Section 322 of the Act, on request to the Commission or the local emergency planning committee. Informa tion shall be available to the general public at the Mississippi Emergency Response Commission, 1410 Riverside Dr., P.0. Box 4501, Jackson, Ms. 39216-0501, during normal working hours in accordance with Section 25-61-1, Mississippi Code of 1972, the Mississippi Rjblic Records Act of 1983. Each local emergency planning committee shall designate a location where relevant information may be ob tained. Upon request by an owner or operator of a facility subject to the requirements of Section 312 of the Act, the Commission and the appropriate local emergency planning committee shall withhold form disclosure, under the section, the location of any specific chemical required by Section 312 (d) (2) of the Act to be contained in an inventory form as Tier II information. b) Each local emergency planning committee must annually publish a notice in local newspapers that the emergency response plan, material safety data sheets, and inventory forms have been submitted under this section. It shall also announce that any merper of the public may review the emergency response plan, MSDS, inventory forms at its designated location, during specified times.. 8