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State Emergency Response Commission

For

Hazardous Materials

Department of Environmental Protection

3800 Commonwealth Boulevard

Carr Building , Room 170M

Tallahassee , Florida 32399

 

April 13, 2007

 

The State Emergency Response Commission (Commission) for Hazardous Materials met on April 13, 2007 in Tallahassee , Florida . Those members present were:

 

Michael Murphy, Acting Chairman

George Danz

Michael Jacobs

Ozzie Morris

Manny Pumariega

Rick Ward

Cindy Gennell

Greg Lee

Richard Smith

Mark Tumlin

 

Also, in attendance was Mr. Phil Wieczynski representing the Florida Department of Environmental Protection, Mr. Richard Rhea representing the Florida Minerals and Chemistry Council on behalf of Nancy Stephens, Mr. John DeIorio, representing the State Fire Marshal's office and Mr. Ken Carr representing the Florida Department of Transportation.

 

Mr. Michael Murphy called the meeting to order with the Pledge of Allegiance and requested a moment of silence for our troops in combat and for Ms. Teri Hunalp, the former staff contact for District 6 Local Emergency Planning Committee. Mr. Murphy then addressed the first item on the agenda, the approval of the minutes. A motion was made to adopt the minutes as presented, seconded and passed unanimously.

 

The second item on the agenda was the approval of the new member and alternate member appointments to the Local Emergency Planning Committees. Mr. Tim Date referred the Commission to Memorandum #10-07 and all related materials. He stated that all nominees met the Commission's guidelines and approval was recommended. A motion was made that all nominations be approved; the motion was seconded and passed unanimously.

The third item on the agenda was the Audit/Inspection Work Plan for the Accidental Release Prevention and Risk Management Planning (ARP/RMP) program for Fiscal Year 2007-2008. Mr. Donald Kunish referred everyone to Memorandum #11-07 and the corresponding table which identified 30 facilities recommended for audits and inspections. The facilities listed were selected using guidance in Chapter 252, Part IV, Florida Statutes. Mr. Kunish recommended that the Commission consider approval and adoption of the Annual Audit/Inspection Work Plan for Fiscal Year 2007-2008. A motion was made to approve the recommendation as presented by staff; the motion was seconded and passed unanimously.

The next item on the agenda was the selection of the color scheme for the Commission's new logo design. Ms. Sheri Powers mentioned that a new logo design was approved by the Commission at the January 2007 meeting with instructions for staff to change the color scheme and bring back to the Commission for final approval. A motion was made to approve the new color scheme. A request was made for the words “for Hazardous Materials” to be added to the logo. The motion was amended to add “for Hazardous Materials” after the State Emergency Response Commission. The motion was seconded and passed by majority.

 

Next on the agenda was a presentation by the Florida Department of Law Enforcement on the status of the Critical Infrastructure Vulnerability Assessments. Mr. Scott Friedman provided a historical overview stating that as a result of the terrorist act on September 11, 2001, there was a need to develop a consistent method for identifying critical infrastructure (prioritized by level of threat), collect critical infrastructure assessments, and share the collected information with the responders.

 

Mr. Larry Shaw also of the Florida Department of Law Enforcement noted that there was no existing national standard or methodology. He stated the Florida Regional Domestic Security Task Force selected a methodology and the tool used to gather this information was the automated Homeland Security Comprehensive Assessment Model (HLS-CAM) developed by the U. S. Department of Homeland Security (Department). Challenges included assessments containing sensitive information wherein security could not be compromised, private sector concern over security and access, statewide access required, providing the Threat Protection Manual and documents to private sector and providing data submission access to non-law enforcement participants. The solution was for the assessments to be accessed through the Criminal Justice Network and data submission and private sector access would be through the secure internet portals. As of this date, there are 7,752 facilities identified (not all entered into system) and there are 222 users. Non-law enforcement access is very limited due to the information being stored on the Criminal Justice Network.

 

Mr. Shaw noted that the HLS-CAM system is no longer being supported by the Department because it does not contain sector and tier information and there is a limitation to the number of attachments one can include. In addition, access is limited to law enforcement personnel. The State of Florida is currently seeking another system to collect and store this data.

 

Ms. Diana Shek explained that the Florida Department of Law Enforcement is participating in a pilot project using a new system called the Automated Critical Assessment Management Systems (ACAMS). ACAMS has the capacity to hold unlimited pictures and allows greater accessibility to private/public partners. One of several things the pilot project is testing is the ability to electronically transfer data from the existing system(s) into the ACAMS system. The final recommendation will be based on the outcome of the pilot project which is scheduled to conclude August 31, 2007. The results will be presented to the State Critical Infrastructure Subcommittee of the State Working Group for Domestic Preparedness for final approval. At this time, no other states have officially adopted this system, yet many are evaluating.

 

Ms. Jennifer Walker explained the federally mandated Protective Critical Infrastructure Information program which was created by the Protective Critical Infrastructure Act of 2002. This act protects the federal government from releasing critical infrastructure information in response to Freedom of Information Act requests, State and Local Sunshine Laws, and Civil Litigation proceedings. She further noted that Florida Statute 119 protects state and local government agencies from releasing critical infrastructure information in Florida . Ms. Walker stated that the information entered into the ACAMS will automatically be linked into the Protective Critical Infrastructure Information program protocols and procedures.

 

Upon conclusion of the presentation, there was much discussion and concern raised by the Commission members that there be a “true” partnership between first responders, law enforcement, and industry when developing or adopting a data system. In addition, it is imperative that the hazardous materials teams have access to the data collected. The Florida Department of Law Enforcement responded that to obtain access, one must be approved by their Regional Domestic Security Task Force Chair. The Commission requested that a member of the Training Task Force be allowed to participate in future Critical Infrastructure Subcommittee meetings.

 

Next, Mr. Don Perdue provided an update from the Training Task Force. The Training Task Force held a strategic planning session on Wednesday, April 11, to identify goals and objectives for the next five years. Upon completion, the project list will be submitted to the Commission for review. As part of the regular meeting of the Training Task Force held April 12, there were three presentations:

1) An overview of the E-Plan system developed in partnership with the U. S. Environmental Protection Agency and the University of Texas at Dallas . The E-Plan system is a secure web-based system capable of storing fixed facility hazardous chemical information, is compatible with Tier2Submit,CAMEO fm, RMP*Info, and is free to first responders;

2) A presentation from the Florida Hospital Association regarding training requirements for first receivers at hospital emergency departments. First receivers must be prepared to handle hazardous materials patients; and

3) A presentation on the HazMat IQ Four Step System Smart Chart which is an easy to use reference tool that assists responders in quickly determining the level of personal protective equipment required, isolation areas, hazards, etc.

 

Mr. Perdue stated that the Training Task Force, in concurrence with the Local Emergency Planning Committee Chairs and Staff, recommend approval of the following:

  • A follow-up letter sent from the Commission to the Domestic Security Oversight Council requesting resolution of a designated radio frequency for the hazardous material response teams.
  • A Certificate of Appreciation and letter recognizing Ms. Eve Rainey's efforts and accomplishments in the field of hazardous materials while working with the Training Task Force, the Local Emergency Planning Committees, and the Commission.

Discussion followed regarding the level of recognition for Ms. Rainey. In addition to the above, a letter from the Governor's Office would also be requested. A motion was made, seconded and approved unanimously for the two items recommended by the Training Task Force.

 

The next item on the agenda was a report on the status of the capabilities of regional hazardous materials response teams by Mr. Doug Wolfe. Mr. Wolfe stated that there were substantial improvements compared to the original assessments conducted in 1999-2000. There were two phases to the process – an interview phase which included the organizational planning and resources and a walk-through phase which evaluated equipment and the state of readiness. There were four major areas that each team was evaluated - Plans and Policies; Human Resources; Training and Equipment.

 

Mr. Wolfe stated that the assessment revealed improvement in three out of the four areas. In the area of Training, there was a slight decline in the use of annual refresher training. However, the assessment revealed that there was significant improvement in using the 160-hour Florida Fire College Standard for technician certification.

 

Mr. Wolfe outlined areas for continued improvements which include the development a model Emergency Response Plan that recommends a standardized level of service for all disciplines, continued support for appropriate staff levels, a model plan for continuing the education of technicians with emphasis on taking the intermediate and advanced component of the National Incident Management System, continued support for field detection technologies, and guidance and training in the personal protective equipment level of equipment.

 

The next item on the agenda was the Financial Status Report for the Emergency Planning and Community Right-To-Know Act and the Risk Management Planning Programs for the fiscal year. Ms. Powers referred the Commission to the memorandum and related tables beginning on page 21 of the package which outlines revenues and expenditures. Ms. Powers stated that the revenues for both programs remain stable and are consistent with previous years.

 

Next, Mr. Kunish presented the Hazardous Materials Incidents report. Mr. Kunish referred the Commission to Memorandum #16-07 and supporting tables and graphs which outline the hazardous materials incidents reported to the State Warning Point. Mr. Kunish stated that Table 1 represents potential Section 304 releases that have been investigated or are under investigation; Table 2 represents incidents involving evacuations, injuries, or deaths; Graph 1 reflects a comparison of petroleum versus non-petroleum incidents; and Graph II is a comparison of fixed facility versus transportation related incidents. Concern was raised that the report reflects Title V permitted releases as potential Section 304 releases. Staff will ensure that these permitted releases are not reflected on this report.

 

The next item on the agenda was the update of the Staff Activities and Reports. Ms. Powers referred to Memorandum #15-07 which outlined the activities for the past quarter. In particular, Ms. Powers noted that there were two significant deadlines for staff this quarter. One was the tier two chemical reporting deadline for subject facilities (March 1, 2007) and the second was the final submission of the Section 302 Hazards Analyses (February 1, 2007). Ms. Powers pointed out the Federal Update section included in the memorandum discussed a bill introduced to Congress amending the reporting requirements of Section 313 (Toxic Chemical Release Inventory) of the Emergency Planning and Community Right-To-Know Act. As explained, the bill basically overturns a final rule adopted by the U. S. Environ-mental Protection Agency (Agency) in December, 2006, expanding the eligibility of Form A reporting. The proposed bill also eliminates the Agency's authority to change the frequency of Section 313 reporting. In addition, Mr. Kunish announced that the Department of Homeland Security (Department) published the Interim Final Rule, Chemical Facility Anti-Terrorism Standards and the proposed Appendix A: DHS Chemicals of Interest (which lists the chemicals to be regulated and their associated thresholds) in the Federal Register (Volume 72, Number 67) which became effective upon publication. Once the final Appendix A is published in the Federal Register, there will be 60 days to submit comments. During this period, facilities will be required to enter information into “Top Screen” which will be used by the Department to classify a facility as a “high risk facility.” Facilities that receive the high level of risk designation will be assigned a place in a tiered risk-based system. The tier levels will determine what level of the Department's performance standards subject facilities will need to meet. High-risk facilities will be required to conduct vulnerability assessments and submit site security plans that meet the Department's performance standards. A quick analysis on data submitted to the Commission revealed that over 600 Florida facilities could potentially be subject. Although it was stated that the Department would contact subject facilities, there was no mention of the method of outreach. A motion was made, seconded and approved unanimously for staff to work with the Department on outreach efforts. In closing, Ms. Powers discussed the recent reorganization of the Division of Emergency Management and referenced an organizational chart placed at each member's table. The Hazardous Materials Planning and Prevention Section is now housed in the Bureau of Preparedness (Technological Hazards) under the direction of Ms. Carla Boyce. Although reassignments have been made, final approval must be made by the Department of Management Services.

 

Mr. George Danz addressed the next item on the agenda, Update on the Local Emergency Planning Committee Activities. Mr. Danz stated that the Chairs and Staff members met on April 12, 2007 and that the meeting went very well. Mr. Danz referred the Commission to the HazMatters which outlined the Committees activities over the past quarter. Mr. Danz stated that the Committee Chairs and Staff supported the Training Task Force in its recommendations to the Commission. In closing, Mr. Danz requested that the Commission express their appreciation to Ms. Rainey by presentation of a plaque with a letter suitable for framing from the Chairman of the Commission.

 

At this time, the floor was opened for other comments. Mr. Richard Smith shared information to the Commission on the death of Mr. Gary Vickers, Director of Emergency Management for Pinellas County .

 

Ms. Jennifer Hobbs, Chair of District 6 Local Emergency Planning Committee, thanked everyone for their act of kindness and financial support to the family of Ms. Teri Hunalp, the former District 6 Committee staff contact person, who recently passed away.

 

It was announced that the next Commission meeting will be held in Tallahassee , Florida on

July 13, 2007.

 

There being no further business or discussion, a motion to adjourn the meeting was made, seconded and passed unanimously.

 

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