State Emergency Response Commission (SERC)

For

Hazardous Materials

Department of Environmental Protection

3800 Commonwealth Boulevard

Carr Building , Room 170M

Tallahassee , Florida 32399

July 14, 2006

The State Emergency Response Commission (SERC) for Hazardous Materials met July 14, 2006 in Tallahassee , Florida . Those members present were:

Craig Fugate, Alternate Chairman
George Danz
Tom Mason
Rick Ward
David Rogers
Richard Smith
Greg Lee
Nancy Stephens
R andall Napoli
Mike Jacobs
Pete Gunn

Also in attendance were Mr. Eric Hamilton representing the Petroleum Industry and Ms. Cynthia Valencic representing the Legal Environmental Assistance Foundation.

Mr. George Danz called the meeting to order with the Pledge of Allegiance. Mr. Danz introduced Alternate Chairman Craig Fugate who welcomed the SERC members and guests to the city. Mr. Fugate announced that new legislation was recently executed by the Governor placing the Division of Emergency of Management under the authority of the Governor's Office. He stated that this change was more for administrative purposes and there would be no significant changes affecting the SERC.

Mr. Fugate addressed the first item on the agenda, the approval of the minutes from the April 7, 2006 meeting. A motion was made to approve the minutes; the motion was seconded and passed unanimously.

The second item on the agenda was the approval of biennial, new member and alternate appointments to the Local Emergency Planning Committees (LEPCs). Mr. Tim Date referred the Commission to the LEPC appointments memorandum and all related pages and stated that all nominees met SERC 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 consideration of the Hazardous Material Emergency Response Model Cost Recovery Ordinance. Ms. Eve Rainey explained that the SERC requested a model cost recovery ordinance for hazardous materials response be developed to provide industry and emergency responders with a clear understanding as to the expenses that could be expected to be charged and/or recovered by local governments as a result of an emergency response directly related to a hazardous materials incident. Ms. Rainey noted that a work group was established and has developed a cost recovery document that is acceptable by all affected parties. The work group recommends the SERC approve the draft model ordinance as proposed. Upon approval, the guidance document will be made available to local governments that wish to adopt a cost recovery ordinance. A motion was made, seconded and carried unanimously to adopt the model cost recovery ordinance with the recommended change of the definition of a hazardous material incident.

The next agenda item was a report on the efforts at the State level to comply with the National Incident Management System (NIMS) as directed by the U. S. Department of Homeland Security. The purpose of NIMS is to integrate effective practices in emergency preparedness and response into a comprehensive framework for incident management. NIMS will enable responders at all levels (national, state, and local) to work together more effectively to manage domestic incidents, regardless of cause, size or complexity. Florida and all sixty-seven counties must comply with NIMS to be eligible to receive federal preparedness funding.

Compliance with certain aspects of the NIMS will be possible in the short-term, such as adopting the basic tenets of the system. Ms. Rainey noted that key issues demonstrating NIMS compliance involves the SERC's adoption of the resolution endorsing the NIMS concept. In addition, there are several areas that have been and/or are being revised to incorporate the NIMS philosophy such as adopting the revisions to Florida's Comprehensive Emergency Management Plan (CEMP) to address NIMS requirements; revising Florida Administrative Rule 9G-6, which governs the development criteria, submittal, review and adoption of the local CEMPs as required by Florida Statute 252; requiring counties to utilize the web-based National Incident Management Capability Assessment Support Tool (NIMCAST) to perform a self-assessment of their program to determine compliance against the NIMS requirements; incorporating NIMS into the Division's training and exercise curriculums; and finally, distributing the revised Field Operations Guide (FOG) which incorporates the NIMS concept.

Chief Randall Napoli also stated that the State Fire College and Certified Training Centers are continually offering classes in the Incident Command System (ICS).

Mr. Fugate addressed the next item on the agenda, a presentation from the Training Task Force (TTF). Mr. Don Perdue announced that the TTF reviewed the action items for the 2006 strategic planning initiatives. Mr. Perdue stated that there were four orders of business that require action by the SERC. The first issue was a recommendation from the TTF that all Local Emergency Planning Committees (LEPCs) register with the Florida State Fire College (FSFC) as hazardous materials training providers. Next the TTF recommends the Capabilities Assessment Tool for Type II Hazardous Materials Response Resources be adopted as an addendum to the original Assessment Tool. This tool contains a weapons of mass destruction (WMD) component and would be used on those teams being assessed for the first time and are capable of responding to a potential WMD incident. Mr. Perdue stated that the document will be used during the Assessment/Re-Assessment of the Hazardous Materials Teams. The third issue of discussion was the TTF recommendation that the SERC adopt two operating guides prepared by the State Working Group for Domestic Preparedness covering Technical Decontamination for Hazardous Materials Incidents and Public Safety Sampling Guidelines for Hazardous Materials Incidents of a criminal nature. Finally, the TTF recommended the SERC endorse the Florida State Fire College 's Bridge Program. The Bridge Program was developed by the FSFC for those personnel who missed the December 31, 2005 examination deadline and want to obtain certification as a hazardous materials technician. In order to be eligible for the examination, one must have already completed at least fifty percent of the required training. A motion was made to approve the four issues brought to the SERC by the TTF and the motion was seconded and passed unanimously. Mr. Fugate noted that a lot of people have received hazardous materials training but there has not been a way to quantify the type of training taking place. Mr. Fugate mentioned that he has asked the community college presidents and training providers to develop a system to track the hazardous materials training.

The next item on the agenda was a report regarding the on-line access to Risk Management Plan Data for hazardous materials stakeholders. Mr. Donald Kunish explained that the U. S. Environmental Protection Agency (EPA) has recently unveiled a central data exchange system for use in collecting and disseminating data related to Risk Management Plans. The new system allows EPA to grant access to RMP information to LEPC members, emergency management officials, fire department personnel and other local officials involved in hazardous materials response and prevention. Mr. Kunish reminded the SERC that the Off Site Consequence Area data is still only available through the federal reading rooms.

Mr. Fugate announced the next item on the agenda, the Financial Status Report for the Emergency Planning and Community Right-to-Know Act (EPCRA) and the Risk Management Planning (RMP) Programs for the current fiscal year. Ms. Eve Rainey referred the SERC to Memo #21-06 and the accompanying Tables 1-3 which outline revenues and expenditures through May 31, 2006. Ms. Rainey stated that the revenues for both the EPCRA and RMP programs remain stable.

Next, Mr. Kunish presented the Hazardous Material Incidents Report. Mr. Kunish referred everyone to Memorandum #22-06 and the corresponding tables which detail the Section 304 incidents, hazardous materials incidents requiring evacuations, petroleum verses non-petroleum incidents and fixed versus transportation related incidents.

Ms. Sheri Powers presented the Update of Staff Activities and Reports by Section. Ms. Powers referred everyone to Memorandum #23-06 which gives a breakdown on the number of reports filed under EPCRA and RMP, the number of hazardous materials incidents reported to the State Warning Point (SWP) and a list of staff activities that were accomplished between March 1, 2006 through May 31, 2006. Ms. Powers noted that staff participated in a continuity of operations exercise in conjunction with the state-wide hurricane exercise in May at Camp Blanding , Florida . She also mentioned that staff completed the annual mail out reminding facilities of the July 1 reporting deadline for Form R/Form A reports as required by Section 313 of the Emergency Planning and Community Right-To-Know Act.

The next item on the agenda was a report on LEPC activities. Mr. George Danz informed the Commission that at the LEPC Chairs/Staff Contacts meeting members unanimously endorsed presenting the four TTF recommendations to the SERC for adoption.

The next item of business was scheduling a location for the January 2007 SERC meeting.

Mr. Danz extended an invitation to host the January meeting in District 11. District 9 volunteered to provide an alternate location, if needed.

Under “Other Business”, Ms. Nancy Stephens addressed the concern that there needs to be a dialogue between SERC staff and the Florida Department of Environmental Protection (DEP) regarding public access to the Storage Tank Inventory database. Ms. Stephens suggested that there needs to be some type of parameters for those who have access to the DEP database. Mr. Fugate noted the need to balance the public's “right-to-know” with the need to maintain secure information. Mr. Fugate stated that there are overlapping federal and state jurisdictional issues pertaining to who has public access to records. Mr. Fugate directed staff to research and identify the various standards that apply for accessing public records. Ms. Rainey stated that the Division of Emergency Management will contact DEP to advise them of the various methods used by the EPA to provide access to hazardous materials data.

Ms. Powers introduced two new staff members, Ms. Ashley Johnson of the Compliance Review unit and Ms. Donna Ray of the Compliance Verification unit. Ms. Powers also referred the Commissioners to the 2005 SERC Annual Report which was placed at their table prior to the meeting.

Chief Napoli noted that the National Association of State Fire Marshals in cooperation with the Florida State Fire Marshal is presenting a one-day train-the trainer seminar on pipeline safety August 23, 2006 at the Florida State Fire College in Ocala , Florida .

Ms. Powers introduced Mr. Tay Rucker of U.S. Department of Transportation's (USDOT) Pipeline and Hazardous Materials Safety Administration. Mr. Rucker attended the TTF and presented at the LEPC Chairs and Staff meetings on Thursday. He explained that his office provides technical assistance in the area of hazardous materials safety. Mr. Rucker works out of the southern region office in Atlanta , Georgia .

Mr. Fugate pointed out that the Legislature is currently reviewing all fee-based programs. He stated that programs must justify what service they are providing and justify the amount of fees that are being collected. Mr. Fugate further explained that the DEM will need the support of all partners to make sure that DEM is meeting the needs of the citizens of the State of Florida as well as federal requirements.

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

The next meeting will be held in Tallahassee on October 6, 2006.