State Emergency Response Commission

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TENNESSEE EMERGENCY MANAGEMENT AGENCY
State Emergency Response Commission SERC January
5, 2009
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TENNESSEE EMERGENCY MANAGEMENT AGENCY
HAZARDOUS MATERIALS OVERSIGHT
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CONTROL OF HAZARDOUS MATERIALS
Federal Law
Public Health Service Act of 1944 Atomic Energy
Act of 1954 Public Health Service Act Amended of
1957 Public Health Service Act Amended of
1958 Public Health Service Act Amended of
1960 Reorganization Plan Number 3 of
1970 Occupational Health and Safety Act of
1970 Clean Water Act of 1972 Energy
Reorganization Act of 1974 Safe Drinking Water
Act of 1974 Hazardous Materials Transportation
Act of 1975 Toxic Substances Control Act of
1976 Public Health Service Act Amended of
1976 Resource Conservation and Recovery Act of
1976 Clean Water Act Amended of 1977
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CONTROL OF HAZARDOUS MATERIALS
Federal Law
Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA) of
1980 Superfund Amendments and Reauthorization Act
(SARA, Title III), 1980 Resource
Conservation and Recovery Amended Act of
1984 Resource Conservation and Recovery Amended
Act of 1986 Environmental Response,
Compensation and Liability Act (EPCRA)
of 1986 Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA) of 1996 Federal
Food, Drug and Cosmetic Act (FFDCA) of 2004
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CONTROL OF HAZARDOUS MATERIALS
State Law
TCA 58-2-101 to 58-2-124, especially TCA
58-2-103, Disasters, Emergencies and Civil Defense
TCA 58-8-101 to 58-8-115, Mutual Aid and
Emergency and Disaster Assistance Agreement Act
of 2004
TCA 58-2-601 to 58-2-604, Accidents Involving
Hazardous Materials
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CONTROL OF HAZARDOUS MATERIALS
Other Guidance
Presidential Order 12580 National Oil and
Hazardous Substance Pollution Contingency
Plan (NCP) and Region IV Oil and Hazardous
Substances Contingency Plan (RCP)
40 CFR 61, Subpart H and Subpart I 40 CFR 302,
Appendix B, OSHA
Tennessee Executive Order Number 7, 1987,
Governor Ned McWherter
Memo of Agreement, US DOE and TEMA/TDEC, June 6,
2006
Memo of Agreement, TVA and TEMA, February 28, 2005
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TENNESSEE EMERGENCY MANAGEMENT AGENCY
CHEMICALS
Four classes Extremely Hazardous Substances,
EPCRA Section 302 Hazardous Substances, EPCRA
Section 304 Hazardous Chemicals, EPCRA Section
311-312 OSHA Toxic Chemicals, EPCRA Section 313
RADIOLOGICAL HAZARDS
29 CFR 1910, subpart Z, OSHA Hazardous Substances
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TENNESSEE EMERGENCY MANAGEMENT AGENCY
THRESHOLDS
FOR REPORTING
Extremely Hazardous Substances (EHS) (300-400
items) 500 pounds Gasoline, all grades
75,000 gallons Diesel, all grades 100,000
gallons All other OSHA hazardous chemicals (_at_
500,000 items) 10,000 pounds
29 CFR 1910, subpart Z, OSHA Hazardous
Substances, radioactive waste is controllable
under Presidential Order 12580, but not
reportable under CIRCLA, ERPCA or OSHA, reporting
by agreement
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EMERGENCY HAZMAT REPORTS
FEDERAL
NRC
SERC LEPC
OWNER OPERATOR
OWNER OPERATOR
EHS-App A-B, 40 CFR 355 29 CFR 1910.1220(c) and
Subpart Z Table 302.4, 40 CFR 302
EHS-App A-B, 40 CFR 355

• IMMEDIATE VERBAL

WITHIN 24 HOURS
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EMERGENCY HAZMAT REPORTS
STATE
TEMA
OPERATOR OF PLACARDED TRANSPORTATION
APPROPRIATE COMMUNITY OFFICIALS
Hazardous Materials
TCA 58-2-601 to TCA 58-2-604

• AS SOON AS POSSIBLE AFTER AN
• ACCIDENT OR INCIDENT

Includes radioactive material
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ROUTINE HAZMAT REPORTS
FEDERAL
SERC LEPC FIRE DEPARTMENTS
FOLLOWUP WRITTEN REPORT in 45 days EHS RELEASE
OWNER OR OPERATOR
EHS-App A-B, 40 CFR 355 29 CFR 1910.1220(c)

• TIER II, 1 MARCH ANNUAL

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ROUTINE HAZMAT REPORTS
FEDERAL
SERC EPA
OWNER OR OPERATOR
EHS-App A-B, 40 CFR 355 Table 302.4, 40 CFR
302 29 CFR 1910.1220(c) 40 CRR 372.65

• Toxic Release Inventory ROLLUP, 1 JULY ANNUAL

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TENNESSEE EMERGENCY MANAGEMENT AGENCY
STATE EMERGENCY RESPONSE COMMISSION
CHAIRPERSON Director TEMA, Department of
Military
MEMBERS The Adjutant General Department of
Military Commissioner Department of Environment
Conservation Commissioner Department of
Health Commissioner Department of Labor WF
Devel. (TOSHA)
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TENNESSEE EMERGENCY MANAGEMENT AGENCY
STATE EMERGENCY RESPONSE COMMISSION

• ADVISE THE GOVERNOR ON HAZARDOUS MATERIALS
  (HAZMAT)
• PREPARE A STATE HAZMAT EMERGENCY PLAN FOR
  PUBLIC SAFETY (FOUND IN TEMP, ESF-10, HAZARDOUS
  MATERIALS)
• EVALUATE NEED FOR RESOURCES
• APPROVE COUNTY HAZMAT EMERGENCY PLANS
  APPOINTMENTS
• RECEIVE NOTICES OF ACCIDENTS AND OTHER RELEASES
• REVIEW ACTIONS TAKEN BY INDUSTRY OTHERS
• DEVELOP REPORTING SYSTEM
• ARRANGE FOR PUBLIC NOTIFICATION OF ACTIVITIES
• HANDLE REQUESTS FOR INFORMATION

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TENNESSEE EMERGENCY MANAGEMENT AGENCY
LOCAL EMERGENCY PLANNING COMMITTEE

• DESIGNATE A COMMUNITY EMERGENCY COORDINATOR
  (CEC) TO RECEIVE NOTICES OF ACCIDENTS AND
  RELEASES AND REPORT WITHIN TIME REQUIRED
• DESIGNATE AN INFORMATION COORDINATOR IF NOT IN
  DUTIES OF CEC
• EVALUATE THE NEED FOR RESOURCES MANAGE
  GRANTS OR OTHER FUNDS
• PREPARE UPDATE A COUNTY-WIDE HAZMAT
  EMERGENCY PLAN FOR RESPONSE AND PUBLIC SAFETY
• PROVIDE OVERSIGHT FOR OWNER-OPERATORS AND
  FACILITY EMERGENCY COORDINATORS
• MEET TWICE ANNUALLY OR MORE
• ARRANGE FOR PUBLIC NOTIFICATION OF ACTIVITIES
• HANDLE REQUESTS FOR INFORMATION
• REPORT TO THE SERC
• SEEK CIVIL ACTION AS NECESSARY FOR REPORTING
  FAILURES

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TENNESSEE EMERGENCY MANAGEMENT AGENCY
QUESTIONS
Contact Donnie Smith, TEMA, 741-1453 or Rhonda
Paxton, Plans Branch TEMA, 741-2986