Stat. Auth.:ORS476.030(2) Stats. Implemented:ORS453.520 Hist.: Osfm 5-2014, F. 12-22-14, Cert. Ef. 1-1-15

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_800/oar_837/837_095.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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DEPARTMENT OF STATE POLICE,

OFFICE OF STATE FIRE MARSHAL

 

DIVISION 95
STATE EMERGENCY RESPONSE COMMISSION
837-095-0010
Purpose and Scope
These rules establish emergency planning
districts as required by the Emergency Planning and Community Right to Know Act
(EPCRA) of 1986 (42 U.S.C. Chapter 116, Section 11001 et seq.). The rules provide
guidelines for the establishment of a Local Emergency Planning Committee (LEPC)
within each emergency planning district. The rules also establish a State Emergency
Response Commission (SERC) Executive Committee.
Stat. Auth.: ORS 476.030(2)
Stats. Implemented: ORS 453.520
Hist.: OSFM 5-2014, f. 12-22-14,
cert. ef. 1-1-15
837-095-0020
Definitions
For purposes of Oregon Revised Statutes
(ORS) 453.520 only, the following definitions apply:
(1) “Emergency Planning
District” means geographic boundaries designated by the State Emergency Response
Commission to facilitate preparation and implementation of emergency plans related
to hazardous materials incidents.
(2) “Industry”
means facilities subject to the Emergency Planning and Community Right to Know Act
of 1986 (42 U.S.C. Chapter 11001 et seq.).
(3) “Local Emergency
Planning Committee” means a federally mandated, quasi-governmental entity
representing local government, emergency response officials, facility owners/operators,
environmental and citizen groups and other interested parties.
(4) “State Emergency
Response Commission” means the Office of the State Fire Marshal as designated
by the Governor pursuant to the Emergency Planning and Community Right to Know Act
of 1986 (42 U.S.C. Chapter 11001 et seq.).
(5) “State Emergency
Response Commission Executive Committee” means a body established to assist
the SERC in carrying out the responsibilities mandated in EPCRA.
Stat. Auth.: ORS 476.030(2)
Stats. Implemented: ORS 453.520
Hist.: OSFM 5-2014, f. 12-22-14,
cert. ef. 1-1-15
837-095-0030
SERC Executive Committee
(1) The State Emergency Response Commission
shall form a SERC Executive Committee whose purposes include but are not limited
to:
(a) Advising the SERC on
the designation of Emergency Planning Districts consistent with Oregon Administrative
Rules (OAR) 837-095;
(b) Advising the SERC on
the creation, modification, or dissolving of Local Emergency Planning Committees
(LEPC) and on the confirmation of appointments to those committees;
(c) Reviewing plans developed
by Local Emergency Planning Committees and making plan recommendations to the SERC;
(d) Supporting Local Emergency
Planning Committee efforts to implement EPCRA and ORS 453.520;
(e) Supporting and assisting
SERC and Local Emergency Planning Committee efforts to enhance hazardous materials
emergency preparedness and response capabilities; and
(f) Coordinating hazardous
materials training, education, and outreach activities as well as grant and technical
assistance opportunities in support of the SERC and Local Emergency Planning Committees.
(2) The membership of the
SERC Executive Committee shall be by agency or organization, each with one representative
and one alternate. The SERC Executive Committee shall consist of the following:
(a) The director or a designee
of the following state agencies:
(A) Oregon State Fire Marshal
(B) Oregon Office of Emergency
Management
(C) Oregon Department of
Transportation
(D) Oregon State Police
(E) Oregon Governor’s
Office
(F) Oregon Health Authority
(G) Oregon Department of
Environmental Quality
(b) A representative from
each of the following organizations or groups:
(A) Local Emergency Management
(B) Oregon Emergency Management
Association
(C) Local Emergency Planning
Committees
(D) Industry
(E) Oregon Fire Chiefs Association
(F) Oregon Regional Hazardous
Materials Response Teams
(G) Oregon State Sheriffs’
Association
(H) Oregon Tribes
(I) Association of Oregon
Counties
(3) The SERC Executive Committee
shall adopt bylaws and establish such policies and procedures as necessary to conduct
its work.
Stat. Auth.: ORS 476.030(2)
Stats. Implemented: ORS 453.520
Hist.: OSFM 5-2014, f. 12-22-14,
cert. ef. 1-1-15
837-095-0040
Emergency Planning Districts
The SERC designates each of the 36 counties
of Oregon as an Emergency Planning District (EPD) for the purposes of EPCRA.
(a) Two or more emergency
planning districts may combine resources and function as a single EPD by providing
documentation of such request to the SERC from an authorized representative of each
county.
(b) Should any county participating
in a combined EPD desire to dissolve the combined EPD for any reason, an authorized
representative of the county must notify the SERC as well as the other county(ies)
involved in the combined EPD of their desire to withdraw from the combined EPD.
Stat. Auth.: ORS 476.030(2)
Stats. Implemented: ORS 453.520
Hist.: OSFM 5-2014, f. 12-22-14,
cert. ef. 1-1-15
837-095-0050
Local Emergency Planning Committees
(1) A Local Emergency Planning Committee
(LEPC) shall be formed in each EPD.
Membership in the LEPC should
be guided by the EPCRA and be reflective of the stakeholders within each EPD.
(2) The duties and responsibilities
of the LEPC should be consistent with the intent of EPCRA and focus on enhancing
hazardous materials emergency planning, preparedness and response capabilities within
the EPD.
(3) Each LEPC shall appoint
a chairperson and adopt such policies and procedures as are necessary to conduct
its work.
(4) Each LEPC shall maintain
and provide to the SERC a list of contact information for all committee members.
(5) Each LEPC shall prepare
an emergency plan, or annex to an appropriate county emergency operations plan,
in accordance with EPCRA.
(6) Each LEPC shall review
its community emergency response plan annually and submit the reviewed plan to the
SERC for review and recommendations.
Stat. Auth.: ORS 476.030(2)
Stats. Implemented: ORS 453.520
Hist.: OSFM 5-2014, f. 12-22-14,
cert. ef. 1-1-15


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