SERC Survey

2021 SERC Survey

OMB Control No. 2050-XXXX

Expires XX/XX/XXXX

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Purpose

The U.S. Environmental Protection Agency (“EPA” or “Agency”) is conducting this survey of the State Emergency Response Commissions (SERCs) in each State and territory of the United States. The purpose of this survey is to gather information on the implementation of the Emergency Planning and Community Right-to-Know Act (EPCRA), including best practices, challenges and gaps. After the survey is completed, EPA will publish the results and determine options on how to assist SERC organizations to meet their EPCRA responsibilities.

Survey Background

EPCRA established SERCs and Local Emergency Planning Committees (LEPCs) and assigned implementation responsibilities to these state and local organizations. SERCs have primary responsibility to ensure that each emergency planning district has a comprehensive emergency response plan to protect the community and mitigate the devastating effects of chemical accidents similar to those in West Texas¹ and Bhopal, India.²

Tribal Emergency Response Commissions (TERCs) have the same responsibilities as SERCs, and Tribal Emergency Planning Committees (TEPCs) have the same responsibilities as LEPCs. If a Tribe does not have the resources to implement EPCRA, it may sign a Memorandum of Understanding (MOU) with their state to implement EPCRA in the tribal region. This survey includes questions to identify how tribes meet EPCRA responsibilities including whether:

• tribes that have an agreement with their SERC to implement the program;

• TERCs have joined any LEPCs; and

• any TERCs are members of their SERC organization.

In October 2018, the release notification and hazardous chemical reporting provisions of EPCRA were amended under America’s Water Infrastructure Act (AWIA; PL 115-270). These amendments assigned additional requirements to SERCs: (1) provide prompt notification of any reportable release under EPCRA section 304 to the State Drinking Water primacy agency or the community water systems whose source water is affected, and (2) provide access to Tier II information (i.e., hazardous chemical inventory data) to the community water systems upon request.

Questions in this survey are intended to gather information on SERC’s current practices related to implementing EPCRA as well as the amendments enacted by AWIA. EPA is eager to learn best practices from states with successful EPCRA programs that we can share with states currently facing challenges in implementing the program. This survey will also identify the challenges experienced by other states. EPA will use this information to better assist states to implement their EPCRA programs.

Survey questions are organized by major EPCRA provisions. Requirements under each provision are identified in each section, with questions related to the following:

1. SERC Organization

2. EPCRA Section 302 (Emergency Planning Notification)

3. Establishment of Local Emergency Planning Committees (EPCRA Section 301) and EPCRA Section 303 (Emergency Response Plans)

4. EPCRA section 304 (Emergency Release Notification)

5. EPCRA section 312 (Emergency and Hazardous Chemical Inventory Form, “Tier II” reporting)

6. EPCRA Section 313 (Toxics Release Inventory Reporting)

7. Public Access to information under EPCRA

8. Software Tools for SERCs, LEPCs, and Emergency Responders

9. Other EPA resources for SERCs, LEPCs, and Emergency Responders

10. Challenges and Successes

I. Questions related to SERC Organization

In this initial section, the questions focus on how the SERC in your state is organized.

EPCRA section 301 requires the establishment of SERCs, local emergency planning districts and LEPCs. Additionally, EPCRA section 301 specifies certain responsibilities for SERCs, including:

• supervising and coordinating the activities of the LEPCs,

• establishing procedures for receiving and processing requests from the public for information available under EPCRA, and

• designating an official to serve as the coordinator with the responsibility of providing information collected under EPCRA to the public and other state and local government officials.

EPCRA section 321 allows states to develop and/or implement their own State right-to-know program provided that it is more stringent than the Federal EPCRA program (Ex: additional chemicals, lower reporting thresholds, etc.).

1. List all entities (e.g. name of the State agency or department, private industry or other non-government representatives, etc.) that make up your SERC organization.

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

______________________________________

2. Please provide the name(s) of the State agency or department, or other non-government representative(s) that manages the following:

• SERC chair ______________________________

• Supervision of LEPCs and their activities (ex: conducting exercises; attend meetings with community; assist in explaining potential risks to the community) ________________________

• Review of emergency response plans _________________________

• Receipt of Emergency Release Notifications (Initial Telephone Notification) ____________________

• Receipt of Emergency Release Notifications (Follow-up Written Reports) ______________________

• Receipt of Hazardous Chemical Inventories (Tier II or State equivalent) _______________________

• Receipt and processing of public request for EPCRA information ________________________

3. How was your SERC formed?

   • By State Law

   • By Governor’s Executive Order

   • By Governor’s memo/letter

   • Other: _______________________

4. Does your SERC have by-laws that establish how it should implement EPCRA?

   • Yes

   • No

5. If your SERC has by-laws, what do they include? Check all that apply. If possible, please attach a copy of your by-laws with this survey.

• Delegation of responsibility and authority to all SERC members,

• Identification of who should manage information received from facilities (e.g. Tier II reports; release notification and follow-up written reports, etc.),

• Description of how to assist LEPCs with their responsibilities under EPCRA,

• Other, please provide a brief description.

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

6. On average, how many meetings does your SERC hold annually?

Number of meetings: _______________

7. How do you communicate with your LEPCs? Check all that apply.

   • Personalized emails

   • Group emails

   • Phone calls

   • In-person meetings. Please specify frequency: __________

   • Conferences. Please specify frequency and the date of your most recent conference: ____________

   • Other, please specify: ____________________

8. If there are any Tribes in your state, have any established Tribal Emergency Response Commissions (TERCs) that implement EPCRA?

   • Yes (how many?): __________________

   • There are no tribes in my state

   • There are tribes in my state, but none have established TERCs

   • Don’t know

9. Are there any Memoranda of Understanding between the Tribe(s) and the State requesting that the State implement EPCRA for the Tribe(s)? If the answer is “Yes”, please attach a copy of the MOU(s).

   • Yes

   • No

10. Are any Tribal Representatives part of any LEPC in your State?

    • Yes

    • No

    • Don’t know

11. What sources of funding are available to your SERC organization to implement the EPCRA program? Check all that apply.

• State appropriated funds

• Federal grants. If yes, please list types: _________

• Tier II filing fees

• Other (please specify): ____________________

12. What is your SERC annual operating budget? Please select a range and/or provide an exact amount.

    • $0 - $50K

    • $51K - $100K

    • $101K - $250K

    • $250K - $500K

    • $500K - $1M

    • Over $1M

    • Don’t know

If you would like to include any details about your budget, please add here: _________________________________________________________________________________________________________________________________________________________________________________________________________________

13. How many full-time equivalents (FTEs) are associated with the SERC (please take into account FTEs from all entities that are part of the SERC organization, listed in question #1)?

    • Less than or equal to 1.0 FTE

    • Greater than 1.0 FTE, but less than or equal to 2.0 FTE

    • Greater than 2.0 FTE, but less than or equal to 5.0 FTE

    • Greater than 5.0 FTE, but less than or equal to 10.0 FTE

    • Greater than 10.0 FTE

If you would like to include any details about your FTEs, please add here: _________________________________________________________________________________________________________________________________________________________________________________________________________________

14. What are your SERC’s priorities? Please rank in order of most important as ‘1’, and if not a priority, please mark as ‘N/A’.

___ Assist LEPCs in developing and/or exercising response plans

___ Manage and analyze tier II data

___ Assist LEPCs with facility inspections

___ Assist LEPCs with communicating risk to public

___ Assist facilities in complying with EPCRA

___ Other (please specify): _______________________

15. Does your SERC have priorities that it is not addressing due to lack of funding? If so, please check all activities that apply.

• Assist LEPCs in developing and/or exercising response plans

• Analyze tier II data

• Assist LEPCs with facility inspections

• Assist LEPCs with communicating risk to public

• Other (please specify): _______________________

II. Questions related to EPCRA Section 302 (Emergency Planning Notification)

In this section, the questions focus on emergency planning notifications under EPCRA.

As required by EPCRA section 302, EPA published the list of extremely hazardous substances (EHSs) and a threshold planning quantity (TPQ) for each substance as well as emergency planning notification regulations. (The list of EHSs, their TPQs and the regulations are codified at 40 CFR part 355.) Facilities that have any EHS present on-site at or above its TPQ are required to provide notification to the SERC and the LEPC within 60 days of acquiring the substance.

EPCRA section 302 also authorizes SERCs and governors to designate additional facilities subject to emergency planning notification requirements after public notice and opportunity for comment. Accordingly, substances that are not EHSs may become subject to the emergency planning requirements at specific facilities (40 CFR 355.10 & 355.11).

16. Does your state have more stringent emergency planning notification requirements than the Federal EPCRA program?

    • No, our State follows the Federal EPCRA section 302 program

    • Yes, our State has more stringent emergency planning notification requirements

If the answer to Q#16 is “No, our State follows Federal EPCRA section 302 program” go to Q#19

17. How is your emergency planning notification program different from the federal program under EPCRA Section 302? Check all that apply.

    • The State program covers additional chemicals (please send list of additional chemicals or link to the program’s list of chemicals)

    • The State program has lower thresholds (please send list of thresholds or link to the program’s list of chemical thresholds)

    • Other, please specify: _________________

18. How many facilities in your state reported having EHSs on-site that are regulated only under your State program (i.e. not-regulated under Federal EPCRA requirements)?

Please provide a number of facilities: _________________

19. How many facilities in your state reported having EHSs on-site for both the State (if applicable) and Federal programs? (Note: As of reporting year 2014, facilities were required to indicate whether they are subject to EPCRA section 302 on their Tier II form.)

Please provide a number of facilities: _________________

20. Did your State designate additional facilities subject to emergency planning notification requirements?

    • Yes

    • No

If the answer to Q#20 is “No” go to Q#22.

21. If so, what type of facilities? Please specify the industry sector, and if possible, also provide NAICS codes (North American Industry Classification System - https://www.census.gov/eos/www/naics/).

________________________________________

________________________________________

________________________________________

________________________________________

________________________________________

22. Have you (the SERC) or your State taken any enforcement actions under EPCRA 326(a)(2) against any facilities for failing to provide emergency planning notification under EPCRA section 302?

    • Yes. Please provide number of enforcement actions in CYs 2018 and 2019: __________

    • Yes, but the most recent enforcement action was prior to CY2018.-

    • No

III. Questions related to Establishment of Local Emergency Planning Committees (EPCRA Section 301) and EPCRA Section 303 (Emergency Response Plans)

In this section of the survey, the questions relate to LEPCs in your state and the local emergency response plans.

EPCRA section 301 requires, at a minimum, that each LEPC shall include representatives from each of the following groups or organizations: elected State and local officials, law enforcement, civil defense, fire department, first aid, health, local environmental, hospital, and transportation personnel; broadcast and print media; community groups; and owners and operators of facilities subject to the requirements of the emergency planning notification requirement. While not every facility in a planning district may be subject to the emergency planning notification requirement (i.e. facilities that handle EHSs at or above their TPQs), facilities that handle other chemicals may also pose a threat to the community and first responders, as was the case in the West Texas Fertilizer incident (see CSB Report: https://www.csb.gov/west-fertilizer-explosion-and-fire-/). To prevent such incidents, SERCs are encouraged to help LEPCs reach out to facility owners and operators to encourage them to become part of the LEPC organization. SERCs and LEPCs may request facility owners and operators to assist in developing emergency response plans. EPA understands that some state right-to-know programs require facilities to prepare an emergency plan and share it with their LEPC.

EPCRA section 303(a) requires each LEPC to develop an emergency response plan for its local emergency planning district and submit that plan to the SERC for review. LEPCs are required to review the plan at least annually or more frequently as changes occur in their community and update the plan if necessary.

Section 303(e) requires the SERC to review those plans and make recommendations to the LEPC regarding revisions that may be necessary to ensure coordination of the plan with the emergency response plans of other local emergency planning districts.

Section 303(d) allows LEPCs and TEPCs to request the owner or operator of facilities subject to emergency planning notification to provide any information for developing and implementing the emergency plan. Facilities are required to provide such information promptly upon request. LEPCs and TEPCs may specify a time frame for this information (see regulations at 40 CFR 355.20).

Section 303(d) also requires facilities to provide a name of a representative to be the facility emergency coordinator as well as provide any changes relevant to emergency planning to their LEPC and TEPC. Any changes relevant to emergency planning should be provided within 30 days after changes have occurred. (see table in 40 CFR 355.20)

For questions 23 - 29, please review each row of the EPA provided list of LEPCs in your state.

Please add any LEPCs that have been formed but are not included on this list. If any LEPCs have merged to a larger geographic or administrative area (i.e. multiple counties folding to one regional LEPC), please add this as a new LEPC. Please keep inactive LEPCs and note them as “inactive” in Column F. Please fill in the columns for each of the following questions.

23. (A) Of the list provided, please note in Column F those LEPCs that are active in your State (Yes/No/Unknown) (i.e., conduct at least one or more of the following activities: have an emergency response plan and review/update annually, meet on a regular basis, conduct exercises to ensure that their plan can be activated during chemical emergencies, accompany fire department personnel for conducting inspections of Tier II facilities, participated in local preparedness planning, conducting public education, providing information on local hazards and facilities to community members and first responders, and providing Tier II information on request, etc.).

• 23. (B) If 23 (A) is unknown, please provide an explanation (Column G).

24. (A) In Column H of the list provided, please clarify the administrative or geographic jurisdictional boundary for each LEPC, both active and inactive, using the most specific boundary. For each LEPC, please choose among the following administrative boundaries.

• County

• City

• Township

• Parish

• Municipality

• Region

• Multiple counties (please specify):

• Districts

• Other:

• (B) If “other” is indicated in 24 (A), please specify and list where geographic data for this LEPC jurisdictional area can be obtained in Column I.

25. (A) In Column J, please note which LEPCs in your state have emergency response plans in place for their planning districts/communities. (Emergency response plans can be free-standing plans or part of an all-hazards plan).

• (B) Please list the type of emergency response plan for each LEPC: (1) a free-standing plan; (2) part of an all-hazards plan; (3) Other in Column K.

• (C) If “other” or unknown, please provide an explanation in Column L.

26. (A) In Column M, please note which LEPCs in your state that have reviewed and/or updated their emergency response plans within the past 12 months.

• (B) If unknown in 26(A), please provide an explanation in Column N.

27. (A) In Column O, please note which emergency response plans reviewed and/or updated by the LEPC in the past 12 months (Column M), how many have been reviewed by you, the SERC?

• (B) For those plans not reviewed by the SERC, please provide an explanation in Column P.

28. For those LEPCs that do not have up-to-date emergency response plans, what do you believe are the main contributing factor(s)? Please rank in order of most prevalent factor (1) to least prevalent (5). If factors are not applicable, use ‘N/A’.

___ Lack of leadership (i.e. lack of support from local officials)

___ Lack of motivation (i.e. other higher priorities, small number of facilities, low level of risk)

___ Staffing/participation shortfall

___ Lack of understanding of the requirement under the statute to review the plans annually

___ Lack of funding

___ Other: ___________________

___ Don’t know

29. (A) On the list provided, please note which LEPCs in your State that have conducted exercises in the past 12 months to ensure that their emergency plan can be activated during an emergency in Column Q.

• (B) For each LEPC that has conducted exercises, please list the type of exercise: (1) full-scale; (2) table-top; (3) actual response; (4) notification exercise; (5) Other. Please specify in Column R. Note more than one type of exercise can be identified for each LEPC, separated using a semicolon (; ).

30. What type of resources do you offer LEPCs? Please check all that apply and include details.

• Funding, please specify the average annual amount: _______________________

• Technical assistance [ex: manage facility and chemical information in Computer Aided Management of Emergency Operations (CAMEO)]

• Community risk communication

• Guidance documents

• Training (provide type and frequency of training(s)): ____________________

• Response equipment (provide cost estimate for equipment provided annually): ________________

• Outreach to facilities

• Onsite facility inspections

• Other, please specify: ________________________

31. Have you (the SERC) or your State taken any enforcement actions under EPCRA 326(a)(2) against any facilities for not providing info under 303(d)?

    • Yes. Please provide number of enforcement actions in CYs 2018 and 2019: __________

    • Yes, but the most recent enforcement action was prior to CY2018.-

    • No

32. What resources could EPA provide to assist you and your LEPCs?

__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

IV. Questions related to EPCRA section 304 (Emergency Release Notification)

In this section, questions are about emergency release notifications.

EPCRA section 304 requires facilities to notify the SERC as well as the LEPC of any area likely to be affected by a release of any CERCLA Hazardous Substance or EHS. (The reportable quantities (RQs) for CERCLA Hazardous Substances and EHSs are listed in 40 CFR 302.4 and 355 Appendices A and B respectively.) Within 30 days of the initial notification, facilities are also required to submit a written report to the SERC and the LEPC. Transportation-related releases can be conveyed via a notification to a 911 operator or a local operator. Written follow-up reports are not required for transportation-related releases.

The America’s Water Infrastructure Act (AWIA) amended EPCRA section 304 to require SERCs to notify the State Drinking Water Primacy Agency of any releases and provide them with the information received under EPCRA section 304(b) and (c). For states without a primacy agency, SERCs are required to notify any community water system whose source waters are affected by a release.

33. If your State has its own right-to-know program, does it require release notification of substances in addition to the CERCLA Hazardous Substances and EPCRA EHSs?

    • Yes (please provide a list of additional substances or a link to the list in the regulations): __________________________

    • No

34. What type of notification system is in place for fixed facilities to notify the SERC/State about releases? Check all that apply.

• State Hotline (e.g. State Warning Point)

• 911

• SERC office

• Other, please specify: ___________________

35. In calendar year 2019, how many releases of CERCLA Hazardous Substances and/or EPCRA EHSs were reported to the SERC, State Agency, or designated call center or hotline?

Please provide a number: _____________

36. What percent of those releases reported in 2019, did the SERC receive follow-up written reports within 30 days?

Please provide percentage or exact number of facilities: ________________

Please provide information on any SERC processes to follow up with facilities which have not submitted written release reports: ____________________________________________________________________________________________________________________________________________________________

37. Do you have a system that tracks facilities that reported releases and submitted written follow up reports?

    • Yes

    • No

If the answer to Q#37 is “No” go to Q#39

38. If you have a system, please describe. Check all that apply

• Spreadsheet

• Custom application (please describe): _________________

• Other (please describe): __________________

39. To ensure compliance with AWIA requirements (which went into effect on October 23, 2018), do you have a system and/or process in place to notify the State Drinking Water Primacy Agency or the community water system about releases?

• Yes, please describe the system and/or process: ________________

• No

40. How does your State ensure that the State Drinking Water Primacy Agency or community water system receives notification of transportation-related releases? (Note: Although section 2018(a) of AWIA does not specify how transportation related releases should be forwarded to the state drinking water primacy agency or community water systems, EPA encourages SERCs to coordinate with 911 operators or any other established system that receives release notification to notify the state drinking water primacy agency (or community water systems) that may be affected by the release.) Please include any challenges and/or issues with implementing the AWIA amendments.

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

41. How can EPA assist you in implementing the AWIA requirements?

__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

V. Questions related to EPCRA section 312 (Emergency and Hazardous Chemical Inventory Form, “Tier II” reporting)

In this section, questions are about managing Emergency and Hazardous Chemical Inventory Forms, or “Tier II data.”

EPCRA section 312 requires facilities that handle OSHA hazardous chemicals at or above the reporting thresholds specified in the regulations at 40 CFR part 370, to submit a Tier II form to their SERC, LEPC and the fire department. EPCRA section 312 also allows states to implement a more stringent right-to-know program than the Federal program.

EPA published guidance in a July 13, 2010 Federal Register notice providing flexibility to states regarding various EPCRA section 312 reporting options, including joint access to Tier II information. To reduce burden, facilities may submit their Tier II information directly to SERCs who then would share the information with LEPCs and fire departments, provided that these entities receive the information by the annual March 1^st statutory deadline.

On October 23, 2018, AWIA amended EPCRA section 312, requiring SERCs and LEPCs to provide Tier II information to community water systems upon request.

42. Does your State have more stringent requirements for hazardous chemical inventory (Tier II) reporting than the Federal EPCRA program?

    • No, our State follows the Federal EPCRA Section 312 program

    • Yes, our State has more stringent state requirements

If the answer to Q#42 is “No, our State follows the Federal EPCRA Section 312 program”, go to Q#44.

43. How is your Tier II program different from the Federal EPCRA section 312 program? Check all that apply.

    • Our program covers additional chemicals (please provide list of additional chemicals or link to the list of chemicals in the state regulations)

    • Our program has lower reporting thresholds (please provide list of thresholds or link to the thresholds in the state regulations)

    • Our program requires electronic reporting

    • Other, please specify: ____________________

44. How many facilities in your state submitted a Tier II form in reporting year 2019 (please include all facilities that reported for both state-specific and federal requirements)?

Please provide a number: ________________

45. What software does your state currently use for Tier II reporting? Check all that apply.

    • TIER II MANAGER® online reporting system

    • ePlan

    • State-developed online reporting tool

    • Tier2 Submit

    • No software

    • Other, please specify: ____________________

If answer to #48 has check for “Tier2 Submit”, then skip to #51.

46. Has your state ever used Tier2 Submit software?

    • Yes. Please list the last reporting year Tier2 Submit was used: ________

    • No

47. What are the main reasons that your state does not use Tier2 Submit? Check all that apply.

• Does not meet needs for state-specific requirements

• We have always used other software, and we do not want to switch

• Other software has additional functionality that we use. Please specify the functions missing from Tier2 Submit: __________________

• Don’t know

• Other (please specify): ________________________

48. Do you accept hard copy of the Tier II form from facilities unable to submit electronically?

    • Yes

    • No

49. What is the cost for managing Tier II data both in funding and FTE on an annual basis (if you don’t know, please include an explanation)?

Please provide annual funding: _______________________

Please provide number of FTEs: _____________________

50. Does your state provide one-stop filing for Tier II forms? (i.e., the state collects the Tier II forms from facilities and provides access to the LEPCs and the fire departments, rather than facilities submitting Tier II forms to all three entities (SERC, LEPCs and the fire departments))

    • Yes

    • No

    • Other, please specify: ______________

51. Does your State charge a fee for facilities filing a Tier II form (i.e. Federal Tier II form or the State equivalent)?

    • Yes. Please provide the fee charged and/or fee structure: ____________

    • No

52. Briefly explain your process for providing access to Tier II information to the community water systems as required by AWIA amendments.

________________________________________

________________________________________

________________________________________

53. For Reporting Year 2019, how many facilities in your state reported any of the following: sand, gravel and/or rock salt on Tier II forms? (EPA is considering a supplemental proposal to address reporting thresholds for rock salt, sand, gravel and other chemicals that may pose minimal risk. The proposed rule was published on June 8, 1998. This supplemental proposed rule, if finalized, may minimize burden for those facilities that are currently reporting chemicals that pose minimal risk under Sections 311 and 312 of the Emergency Planning and Community Right-To-Know Act.)

Please provide exact number: _____________________

54. Do any Tribes in your State collect Tier II information?

    • Yes

    • No

If answer to Q54 is ‘No’, skip to Q56

55. Does the Tribe share Tier II data with the State?

    • Yes

    • No

56. What type of outreach do you conduct to inform facilities of their annual reporting obligation under EPCRA section 312? Check all that apply.

    • Webinars

    • Mass emails

    • Phone calls

    • Conferences

    • Trade Associations

    • Direct mailings

    • Other, please specify: ____________________

    • None

57. Do you have any processes in place to identify and contact facilities that have not previously reported a hazardous chemical inventory (Tier II), but may be subject to those requirements (e.g., entities that are not aware of their reporting responsibilities)? If yes, please provide details.

    • Yes. Please describe the process and provide the number of facilities identified in CY2019: _____________________

    • No

58. Does your State have a process for identifying and contacting potential Tier II non-filers that previously complied with reporting requirements?

    • Yes. Please describe the process and provide the number of facilities identified in CY2019 : _____________________

    • No

59. Does your State have an EPCRA enforcement program that addresses non-filers, or do you refer non-filers to the EPA?

    • Has own enforcement program

    • Refer non-filers to EPA

60. Have you (the SERC) or your State taken any enforcement actions under EPCRA 326(a)(2) against any facilities for not submitting Tier II forms?

    • Yes. Please provide number of enforcement actions in CYs 2018 and 2019: __________

    • Yes, but the most recent enforcement action was prior to CY2018.

    • No

61. What are your challenges and/or issues with managing the Tier 2 program? And how can EPA assist in addressing those issues? __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

VI. Questions related to EPCRA Section 313 (Toxics Release Inventory Reporting)

The following questions are about Toxics Release Inventory Reporting.

Under section 313 of EPCRA and section 6607 of the Pollution Prevention Act (PPA), certain facilities are required to file annual reports to EPA, states, and Indian Country officials on their releases, transfers, and other waste management practices for certain toxic chemicals if they are manufactured, processed, or otherwise used above certain threshold amounts. This information is included in a publicly available database known as the Toxics Release Inventory (TRI).

62. How do you use the TRI data? Check all that apply.

    • Identify potential Tier II non-filers

    • Assist LEPCs to identify additional facilities subject to emergency planning requirements

    • Identify releases not reported to SERC and/or LEPC

    • Other. Please specify: _________

    • Do not use TRI data

If answer to Q62 is “Do not use TRI data”, then go to Q64

63. What are the most common ways that you access the TRI data? Check all that apply.

• TRI website

• TRI National Analysis

• Envirofacts

• TRI Explorer

• MyRTK

• Risk Screening Environmental Indicators (RSEI)

• TRI Pollution Prevention (P2) Tool

• Enforcement and Compliance History Online (ECHO)

• Other, please specify: _________________

64. In what ways can EPA improve the utility of TRI data?

_______________________________________

_______________________________________

VII. Questions related to Public Access to information under EPCRA

This section includes questions on public access to information.

Section 301 of EPCRA states that SERCs shall establish procedures for receiving and processing requests from the public for information as required under EPCRA section 324. These procedures may also include designating an official to serve as an information coordinator. In addition, EPCRA section 312(e) specifies certain procedures for providing access to Tier II information to the public, other State and local officials.

65. What procedures does your SERC organization follow for processing public requests for information? Check all that apply.

• None

• Reading room access for the public to view EPCRA information

• Provide the data electronically

• Postal mail information

• Other, please specify

66. Is there a fee for processing requests for the public, such as a photocopying charge?

    • Yes. Please provide the amount charged: _____________

    • No

67. How much funding and FTEs are allocated to this task?

Please provide amount of annual funding: __________________

Please provide number of FTE: ____________________________

68. How many requests for information from the public did the SERC receive in CY2019?

Please provide a number or estimate: __________________

VIII. Questions related to Software Tools for SERCs, LEPCs, and Emergency Responders

69. Do you (as the SERC) or the LEPCs, emergency planners, and emergency responders in your area use software to help collect and manage chemical data and/or prepare for a chemical emergency response?

• Yes. Please list the software used and briefly explain how it is used: _______________

• No

• Don’t know

70. With which of the following programs in the CAMEO (Computer Aided Management of Emergency Operations) suite (developed by EPA and NOAA) are your LEPCs and emergency responders familiar?  Check all that apply.

• ALOHA hazard model

• CAMEO Chemicals hazardous chemical database

• CAMEO data management tool for chemicals stored or transported in local communities

• MARPLOT mapping tool

• Not applicable.  The CAMEO suite is not well known in my area.

• Don’t know

If answer to #70 is “Not applicable. The CAMEO suite is not well known in my area.” checked, then skip to #76.

71. How many of your LEPCs use any of the programs in the CAMEO suite? 

Please provide a number or percentage (or answer ‘don’t know’): __________________

72. What percentage of your fire or emergency response departments use any of the programs in the CAMEO suite?

Please provide an estimated percentage (or answer ‘don’t know’): _________________

73. Of the LEPCs and emergency responders in your area that use the CAMEO suite, do they use the system for emergency planning, response, or both?

• Planning

• Response

• Both

• Don’t know

74. What tasks are those LEPCs and emergency responders using the CAMEO suite programs for?  Check all that apply.

• Looking up hazardous chemical datasheets

• Assessing potential chemical reactions

• Modeling and hazard analysis

• Mapping geospatial data

• Managing data about local chemical facilities

• Tracking local chemical transportation routes

• Responding to chemical spills

• Assisting with LEPC pre-planning activities

• Participating in drills and training activities

• Planning for all hazards (beyond just chemical incidents)

• Other, please specify: ___________________

• Don’t know

75. What functions do those LEPCs and emergency responders like about the CAMEO suite?

Please provide functions: ___________________________

76. For the LEPCs and emergency responders in your State that do not use the CAMEO suite programs, what do you think are their main reasons for not using it?  Check all that apply.

• They do not use any planning and/or response programs

• They use other planning and/or response applications

• They must use state-provided software

• They are not familiar with the CAMEO suite programs

• The CAMEO suite programs do not meet their needs. Please describe what needs the CAMEO suite does not meet: _______________

• Other, please specify: _______________

• Not applicable. The CAMEO suite is used extensively in my area.

• Don’t know
  
  
  

77. In what ways can EPA/NOAA improve the CAMEO suite programs? ________________________________________

________________________________________

________________________________________

IX. Questions related to other EPA resources for SERCs, LEPCs, and Emergency Responders

78. What EPA resources does your SERC use? Please check all that apply.

• EPCRA (non-313) Online Training for States, Tribes, Local Emergency Planning Committees, Local Planners and Responders

• SERC-TERC Monthly Newsletter

• EPCRA Qs and As

• EPCRA, RMP & Oil Information Center (i.e. “the Call Center”)

• EPA EPCRA Regional Contacts

• AWIA implementation documents

• Other materials on EPA’s EPCRA webpage. Please specify: __________

• Other. Please specify: _____________

• None of the above.

NOTE: All these questions should be triggered from the checkboxes selected in Q80.

If you checked “EPCRA (non-313) Online Training…”,

79. Do you recommend the “EPCRA (non-313) Online Training for States, Tribes, Local Emergency Planning Committees, Local Planners and Responders“ to your LEPCs?

• Yes. What do you find helpful about the training? ____________

• No. Why not? Please provide feedback: _____________

If you checked “SERC-TERC Monthly Newsletter”,

80. Do you find the information in the SERC-TERC monthly newsletter helpful?

    • Yes. What do you find helpful about the newsletter? _________________

    • No. What types of information should be included in the monthly newsletter? _____________

81. Are there any issues that you feel EPA should address through the Qs and As, factsheets, or guidance?

    • Yes. Please describe the issue(s): ________________

    • No.

82. How can EPA better assist SERCs and LEPCs with implementing EPCRA? Check all that apply.

    • Host conferences for SERCs and LEPCs

    • Provide more training materials. What types of training? ________________

    • Provide additional guidance materials for SERCs or LEPCs. Please describe additional guidance requested: _______________

    • Provide collaboration tools/platforms for SERCs and LEPCs to share information

    • Other: _____________

X. Challenges and Successes

Finally, please tell us about your challenges and successes.

83. What are the best practices used and resources provided in your state to implement EPCRA? Check all that apply.

• Regular meetings to discuss challenges and best practices

• Ensure that every planning district has an emergency response plan

• Sufficient resources (i.e., funding, manpower) to assist LEPCs

• Sufficient resources for your own operations

• Provide training

• Assist LEPCs in communicating risk to the community

• Hosting/Sponsoring tabletop exercises

• Other, please specify: ______________________

84. What are your State’s challenges in implementing EPCRA? Please rank in order of most challenging as a ‘1’, and if not a challenge please mark as ‘N/A’.

___ Lack of funding

___ Lack of coordination with LEPCs

___ Lack of technical assistance from EPA

___ Lack of staffing at LEPCs

___ Lack of leadership or motivation at LEPCs

___ Lack of leadership from state and local political officials

___ Lack of training for LEPCs

___ Other, please specify: ________________________

85. In addition to information provided in Q#84, please share other practices that make your EPCRA program successful.

_____________________________________________________________________________

_____________________________________________________________________________

86. If you or any of your LEPCs are currently experiencing any challenges in implementing EPCRA and its requirements, what would it take to address those challenges?

______________________________________________________________________________

______________________________________________________________________________

87. If there is anything else you would like to share, please include here:

______________________________________________________________________________

______________________________________________________________________________

For questions 23-29, the chart below will be distributed to each SERC, pre-populated with State-specific information. See below for the example chart for the Maryland SERC.

1 An ammonium nitrate explosion killed 15 first responders at the West Fertilizer Company, West Texas, April 2013.

2 EPCRA was enacted on October 17, 1986 in response to concerns raised by the major industrial accident that occurred in 1984 in Bhopal, India, which killed more than 3,000 people and left thousands more disabled.

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