To

To: State Emergency Response Commission (SERC)

From: Jeff Beattie, OEPA-RTK through Cindy DeWulf, DAPC & SERC Co-Chair

Subject: December 12th, 2007 SERC Meeting Minutes

Date: January 25th, 2008

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The December 12th, 2008 State Emergency Response Commission (SERC) meeting was called to order at the Ohio Emergency Management Agency by Mel House, SERC Co-Chair-Alternate (Ohio EMA).

12 Voting Members were present:

Cindy DeWulf, Ohio EPA, SERC Co-Chair

Mel House, Ohio EMA, SERC Co-Chair (Alternate)/Henry Guzmán

Willie Brantingham, Volunteer Firefighters’ Association

Tim Kern, AG Office

Jack Pounds, Ohio Chemistry Technology

William Ommert, EMA/LEPC Representative

Robert Owen, Ohio Department of Health (Alternate)

Dan Fisher, Public Utilities Commission of Ohio

Frank Conway, State Fire Marshal’s Office

Al Phillips, Ohio Department of Transportation

Lt. Don Lay, State Highway Patrol

Rick Simmers, Ohio Department of Natural Resources

6 Voting Members were absent:

Jennifer Ganson, Environmental representativeVernon Higaki, Industry Representative

Rick Hoffman, Professional Firefighters’ Association Representative

Tom Perk, Elected official Representative

James Schneider, Environmental Representative

Al Gruber, Ohio Fire Chiefs’ Association

Waive the 24 Hour Rule:

Bill Ommert made the motion, seconded by Al Phillips, that the 24-hour rule be waived.

Record of Vote: 11-For

0- Against

0- Abstain

Approval of October 10th, 2007 SERC Meeting Minutes:

Mel House asked for a motion to accept the October 10th, 2007 SERC meeting minutes. A motion was made by Willie Brantingham. Motion to accept was seconded by Frank Conway.

Status of SERC Appointments - Jennifer Ganson has missed the required number of meetings as a Governor’s representative. The Executive Committee had agreed to ask James Schneider (our other Environmental Advocacy representative) to join the Executive Committee. However, on December 7, 2007, James Schneider sent an e-mail to Jeff resigning from the SERC. Cindy forwarded the e-mail to the Governor’s Office. We also have 4 appointments expiring in January. The Governor’s Office has posted all 5 positions on their web page under “Boards and Commissions” Current members whose terms are expiring should re-apply through the Governor’s Office, completing the appointment survey.

Speaker for future meetings - Mr. House arranged for Jack Bossert (Ohio EMA) to speak on the $40 million plus monies Ohio is getting from the Federal DHS for homeland security projects. We may ask a small LEPC to speak at our next meeting.

Public Records Workgroup Status - The SERC/LEPC Public Records Workgroup met on Friday, October 19 from 10:00 a.m. - noon in the Executive Room at Ohio EMA. There are 3 types of records we need to address: Tier 2 reports, the plans developed by the LEPC, and the other correspondence and supplementary information (correspondence, photos, cameo files, etc.) It is apparent from the meeting that all LEPCs do not believe that there is an obligation to provide complete Tier 2 reports (including the names of the chemicals and the locations), or a complete copy of their county plan. In addition, the LEPCs may have other documents including photos of the facilities, which they do not believe is a public record. U.S. EPA (both Region 5 and HQ) believes that this is a state issue, even though the public records requirements are in EPCRA. The other states in Region 5 provide the information to the public. The Executive Committee believes that the Tier 2 reports are clearly public record (based on the statute), and will be sending the LEPCs a letter to that effect. We will review the other records with the AGO.

The function of SERC workgroup - Because the same people who are on the public records workgroup will be involved on the function of the SERC workgroup, we have not yet met. We do continue to get e-mails forwarded to us regarding the wishes of the LEPCs to expand their role to homeland security, and/or expand the eligibility of what can count as an exercise.

Funding Issues/ Meeting with the Auditors follow-up - The Administration and Funding Committee will be modifying the LEPC grant application to incorporate the changes recommended by the auditor.

SERC Exercise Evaluation Manual - The Operations & Issues Committee decided to revisit the document one more time to ensure any changes/ updates that they were wanting to propose are fully captured and documented. Once they finalize, that committee shall forward to Executive Committee for our review.

LEPC use of SERC grant money for food - The Department of Administrative Services (DAS) changed its opinion on this subject. The guidance Cindy provided earlier is now replaced with amended clarification provided in a Question & Answer (Q&A) provided by DAS. The Q&A refers to pass through funding that is commonly used to provide financial assistance in carrying out programs at the local level, and are not specific contracts or grants. Question #6 only deals with one aspect of the concern and one should also refer to Question #10.

Question #6: Are funds that are “passed through” to local entities from state agencies restricted by the Governor’s Executive Order #9?

Answer #6: Executive Order #9 does not restrict the use of funds non-state entities have received from the State of Ohio unless the contract or grant providing those funds contains prohibitions for food or meal purchases. This includes local Boards of Education, Work Force Investment Boards, County Departments of Job and Family Services, and any other local entities that receive funding from a state agency. Intermingled funds received by state colleges and universities are also considered outside the scope of Executive Order #9.

Executive Committee Meeting Format - The AGO is reviewing if we need to change the format of the meeting to a actual meeting, and not a conference call.

Enforcement Case with U.S. EPA - U.S. EPA is pursuing an enforcement case that the Executive Committee was going to vote on, however, we did not have a quorum.

Cindy continued with a need to fix as miscue involving the LEPC Funding document.

The document that was mailed to the LEPCs was the version that was adopted by the SERC at our October 10^th, 2007 SERC meeting. The document was intended to be an updated version of the guidelines adopted back in June 2007. The problem was that the document was updated on numerous occasions based on comments received and discussed from the Executive Committee and Operations & Issues. The copy that was adopted at the June 2007 meeting was an old working copy version and not the final version that was recommended by the Administration and Funding Committee. The version that was intended as the final version, but not the version approved by the SERC, was updated to include the food policy per the Governor’s Executive Order. Bill Ommert pointed out this mishap and confusion and we are here to fix the problem.

Thus, Cindy asked for a motion to accept the Ohio LEPC Funding document as adopted by the SERC on October 10^th, 2007 and the “amended” version as presented today that excludes the food restriction language based on new guidance from the Department of Administrative Services.

Jack Pounds made a motion to adopt the document based on Cindy’s explanation and Bill Ommert seconded the motion.

Bill Ommert mentioned that this document can be amended at any time if any program requirements are changed per any new guidance, rule change(s), etc.

The committee received a request for equipment purchase from Lake County. They have certified that the training has been met within their planning district in accordance with their plan and they seek approval to purchase 6 CBRN rated Level A suits, SCBA communication system , and spare bottles.

Cindy stated that the committee started to address the need for the SERC to define a goal for the generation of its’ required annual compliance report to the legislature. Discussions centered on report content.

The committee needs to address updating the SERC grant application packet to include comments and suggestions we received from the DAS Auditor. Restrictions on spending the grant funds should be outlined in the grant application packet and can include language about the need to ensure the LEPC has their LEPC account set-up in the county treasury and any limitations on spending. The LEPC Fiscal Status Report should be expanded to include a revenue and expenditure report for the county LEPC fund, a “cash fund balance report” to monitor carry-over, a list of any assets of the LEPC, vehicle usage log for LEPCs who have purchased a vehicle with grant funds, and the County Auditor’s signature to emphasis the Auditor’s oversight and awareness of the LEPC fund.

Bill Ommert stated that the committee is still finalizing the SERC Exercise Evaluation Manual (EEM) update. Minor additional language needs to be drafted and agreed upon by all parties involved. Committee’s hope to have finalized at the January 9^th meeting in Mansfield. Afterward, the committee shall forward document with highlighted changes to SERC Executive Committee for review.

Mel House asked whether any of the changes will conflict with federal and/or state law. Bill Ommert replied most likely not, but may affect a possible need to change administrative rule(s) under 3750.

Willie Brantingham stated that the committee met this morning. Members recapped the LEPC Conference agenda and requested that the presentation material covered be added to the SERC web page.

Willie briefly discussed the status on the outdated LEPC Procedural Manual. Greg Hemeker met with the group, as did Jeff Beattie from Ohio EPA. We still need input from representatives from Ohio EMA.

Willie Brantingham noted that Ohio has not had any type of state and/or federal sponsored HazMat Spill Conference over the last 3-4 years. Willie attended such a conference in Pittsburgh sponsored by USEPA Region 3. Over 1,000 attended the conference. U.S. EPA Region 5 does not currently sponsor a similar type conference. The Conference was excellent and maybe Ohio should approach USEPA in the Region to sponsor such in Ohio. Bill Ommert mentioned that Ohio EPA use to put on the annual Inland Spills Conference that was excellent, but for what ever reason canceled that Conference. Mel House asked if the LEPC Conference could be modified to fill this gap. Bill Ommert also mentioned the need to network with industry types. The Training and Education Committee will look into this issue in more depth.

Mel House introduced Henry Guzmán, Director of the Department of Public Safety. Director Guzmán talked on various issues such as federal/state funding collaborations on infrastructure and homeland security initiatives, and changes being implemented under the new Strickland administration. He personally thanked all current SERC members and those in the audience for the work that they do and, noted that we must all keep in line with the Governors expectations.

Mel House stated that there are 2 LEPC Exercises up for SFY 2008 Exercise Concurrence. Bill Ommert made a motion to approve Resolutions 2007-138 thru -139 as documented. Dan Fisher seconded the motion. No discussion.

Mel House stated that there are 5 LEPC Exercises up for SFY 2007 Exercise Concurrence. Bill Ommert made a motion to approve Resolutions 2007-140 thru -144 as documented. Willie Brantingham seconded the motion. No discussion.

Mel House stated that there are 42 LEPC Plans up for SFY 2008 Plan Concurrence. Henry Guzmán (Department of Public Safety) made a motion to approve Resolutions 2007-145 thru -187 as documented. Robert Owen seconded the motion. No discussion.

Mel House stated that 1 LEPC Plan is up for SFY 2008 Plan Non-Concurrence. Bill Ommert made a motion to approve Resolutions 2007-188 as documented. Frank Conway seconded the motion.

Director Guzmán asked about the type of technical assistance has been provided in the past to Trumbull County. Mel House answered that Ohio EMA have field liaison assigned to the counties and that fixes to the problems within a plan can take several months to correct. The county, under state rule, has 60 days for corrective action on this plan non-concurrence and the county LEPC did purchase new modeling software needed to update their plan and hazard analysis.

Bill Ommert asked if there was any follow-up to the Hamilton County issue where the LEPC is spending $18,000 plus on ICS training. Jeff Beattie noted that the issue was indeed discussed at the last SERC meeting, but no further action was taken nor did SERC ask for such.

Cindy DeWulf introduced LEPC 2007-09 LEPC Membership Appointment Resolution 2007-189 thru -191, appointing LEPC members to an existing LEPC for Madison, mercer, and Tuscarawas Counties. Jack Pounds made a motion to approve. Bill Ommert seconded the motion.

ODNR Oil & Gas database system is undergoing upgrades and updating. Mel House mentioned that EMA sees a need for the information in the state EOC. Rick Simmer stated that LEPCs have been involved in information input into the system in the past. The system will have new search engines, critical facility mapping capabilities, and GIS component built in.

ODNR, US Department of Energy, and National Ground Water Council are testing a water database with risk assessment and statistical capabilities. ODNR will be posting the database on their web site upon final completion of this database.

The Department of Energy (DOE) is developing a radiological specialist training course that will be tied into local emergency response teams. Phase one (1) is a 3-day training that discusses theory vs. practicality in this area then moving to a nationwide implementation. Ohio most likely will be regional type training.

Traffic fatalities in Ohio for 2007 stands at 1,160, which is identical to this same date last year. 63% involved wearing no seat belts, 12% involved accident with semi tractor trailer, and 26% were alcohol related.

January 7^th, 2008 is ICS 300/400 Train the Trainer course at the SFM Fire Academy.

The Academy is working with Ohio State University on distance learning at home or at the fire houses. This initiative is very preliminary at this point.

The North American Response Guidebooks for 2008 should be in by February 2008. The order placed included at least one (1) hard copy for each county with additional CD’s for countywide distribution.

The recently developed WMD/HazMat Technician course has been forwarded to the federal department of Homeland Security for review and approval. This is the last of the 3 training course offering in this area.. The awareness course is on-line through Owens College and can be paid for with the HMEP funds.

Al Phillips encourages people to visit the ODOT “Buckeye Traffic” web site. It is very user friendly.

Tim Kern stated that the AGO puts on training on public information laws regarding public records.

The AGO is dealing with an old BUSTR/SERC referral from years past regarding Coen/Rocket Oil. There are eight (8) different complaints in different counties.

OtherBrian Gallagher (Delaware County EMA) stated that questions come up at the LEPC and county level regarding whether the LEPC funds can be used for local match dollars for the federal Emergency Management Program Grant (EMPG). Some think that if the LEPC enters into an agreement with the county EMA for said activities then one thinks they can use those LEPC funds to match the federal grant. Brian Gallagher would like to request SERC to review this issue and let the LEPCs know what the final answer is. Mel House stated that SERC representatives discussed this issue with the Ohio DPS auditor. The Auditor noted that EMA must determine if the EMPG activities encompass the activities funded by the SERC grant.

Mel House then asked Jack Bossert what his thoughts were on this issue since Jack works in the Ohio EMA Grants Branch. Jack’s initial thought was that the LEPC funds could not be used because if an LEPC did entered into a contract with the county EMA for products and services, that county EMA would have to provide the finished products and services to the LEPC stated within the contract and in most all cases the work for an LEPC would encompasses an entire year. In addition, Jack feels that the answer is more of an EMPG issue to decide and not a SERC issue.

Mel House stated that Ohio EMA shall look into this issue and report back to SERC.

Jack Bossert went on to give the SERC and attendees an overview on the Homeland Security Grant program.