ARKANSAS HAZARDOUS MATERIALS EMERGENCY RESPONSE COMMISSION

September 6, 2007

 

 

MINUTES

 

The Hazardous Materials Emergency Response Commission met on September 6, 2007 at 1:00 p.m. at the Arkansas Department of Emergency Management in North Little Rock, Arkansas.

 

Members Present:

 

Kenny Harmon for David Maxwell, Arkansas Department of Emergency Management

John Ward for Teresa Marks, Arkansas Department of Environmental Quality

Scotty Bell, Virco Manufacturing

James Burns, Clark County OES

Garnet Wise, Industrial Representative

Richard Steward, Arkansas Department of Labor

Dave Baldwin, Arkansas Department of Health

Chief Ben Blankenship, Benton Fire Department

Captain Paul Claunch, Arkansas Highway Police

Mrs. Terri Franks, Alexander, Arkansas

 

Members Absent:

 

Major Stanley Evans, Arkansas National Guard

John Brackin, Arkansas State Police

Rachel Nix, Arkansas Fire Training Academy

 

Others Present:

 

Melissa Hudson, Ark. Department of Emergency Management

 

 

Franks called the meeting to order at 1:00 p.m. and welcomed Garnet Wise and Chief Ben Blankenship as new members of the Commission and asked all members to briefly introduce themselves. She then called upon Harmon to update the Commission on SARA Title III reporting and hazmat training.

 

Harmon referred everyone to the handouts he distributed showing training that is updated weekly on the ADEM web site.  From October 1, 2006 to August 31, 2007 ADEM trained 5,877 responders statewide in various hazmat courses.   After the training results from September are included he hopes the total will top 6,000.  By comparison with the training numbers of other states in the region, he said number trained in Arkansas exceeds the amount trained in all of the rest of Region VI combined.

 

He announced the annual Hot Zone Conference will be held October 17-21 in Houston, TX.  Last year there were just over 500 participants and based upon an average 10 percent growth

 

 

 

an even larger number is expected this year.  He said the number of scholarships for Arkansas Tech students this year will be five, the same as last year.  The students are required to submit a report on their attendance and he recently received copies of the reports from last year’s conference.  He added that because of its popularity a lot more people from Arkansas are now paying their own way to the conference.

 

The NASTTPO/HMEP Midyear (National Association of SARA Title III Program Officials) which is always in Las Vegas, NV, is being held November 6-8, but he will be unable to attend because of previous commitments during the same time period.

 

He stated that although last year’s Region VI LEPC conference was hosted in Little Rock there will be no LEPC conference this year because the CEPP (Chemical Emergency Preparedness Program) money that EPA Region VI has used for funding in the past is no longer available.  Even so, a conference is tentatively scheduled for January of next year in Corpus Christi, TX at which the participants will pay their own way.

 

A question was asked if evaluation forms are filled out after each of the emergency management classes.  Harmon said that most but not all of the classes are evaluated, but the majority of the evaluations received are rated outstanding.  If he receives a complaint about an instructor he will have the class evaluated, and has quit using one instructor because of the number of complaints received.  He said most of the training in the state has been conducted in an area north of a line between Hot Springs and Arkadelphia and he has had problems getting people to attend in the area south of this line.  Normally, at least ten people must sign up for a class to be scheduled, but if he can get seven or eight to attend in this part of the state, he will conduct the class. 

 

A resolution was distributed from the Arkansas State Fire Fighters Association (ASFFA) for training and recertification requirements for haz-mat training.  Harmon said the resolution was prompted by a fire chief whose certification had expired and was reluctant to take the training to become recertified.  If approved, the resolution would change some of the requirements for recertification credits.  After considerable discussion, it was agreed that the requirements for obtaining certification and maintaining currency as originally adopted by the SERC are adequate and should be continue to be followed.  It was also noted the resolution was submitted without a proper cover letter.  Accordingly, a decision was made to accept the communication without further action.  A motion was made by Bell that the SERC accept the communication from the ASFFA.  The motion was seconded and passed unanimously.

 

Harmon distributed reports written by Arkansas Tech students who attended the Hot Zone Conference in Houston and said he was very impressed with the interest and enthusiasm they showed at the conference.  He said they learned a lot and enjoyed themselves at the same time.

 

A letter received from O.K. Industries in Fort Smith was distributed by Harmon.  The letter requests the SERC’s support in exempting the state’s poultry industry from the requirement of submitting TRI reports and was prompted by an effort being made by an environmental group in Kentucky to require all poultry farms to submit the reports.  The same group made an attempt without success in April of 2006 and is renewing its effort in 2007.  As a result of the 2006 attempt, the chairman of the SERC wrote a letter to the EPA recommending the farms be exempted. 

 

 

 

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After discussion, there was an agreement that the reports are unnecessary because the ammonia

emissions are not considered a health problem, and the operations are already regulated through EPA permits.  It would also be extremely difficult to accurately determine if a poultry house meets the threshold amount for reporting.  Bell moved that the SERC submit a letter to EPA recommending that poultry farms be exempted.  The motion was seconded and passed unanimously.

 

Franks asked if there was any old or new business.  Harmon stated that ADEM has had to re-write the state emergency operations plans to cover the new emergency support functions recently promulgated by FEMA and the SERC has been asked to review the plans as they pertain to the haz-mat portion.  He said the changes are minor, mainly changes in names that are required by FEMA.  A motion was made by Wise that the members review the plan individually and e-mail Harmon by September 14th with any comments or recommended changes.  The motion was seconded and passed unanimously.

 

Franks asked Harmon to report as a follow-up to a letter written by David Maxwell, Director of ADEM, in 2006 to the Department of Education.  The letter requested all schools, both public and private, with chemistry laboratories to supply a list of chemicals to the fire departments that service the schools.  Harmon said he received about twenty to thirty responses back from different schools with some filing Tier Two reports for the first time and approximately the same number sending a list of chemicals stored on site.  Hopefully more will be received this year.  He added that the letters were also sent to the colleges and universities, but no responses have been received from them.  Franks said the effort should continue until all have responded.

 

Wise asked about chemicals and thresholds required by the proposed Department of Homeland Security (DHS) risk management plan program.  Harmon responded that the EPA developed a similar plan several years ago and the DHS plan uses the same chemical list as the EPA plan, but with drastically reduced thresholds.  For example, the threshold for LP gas under the EPA’s plan is 10,000 pounds whereas under the DHS plan it is 1,000 and all thresholds of ten pounds and some of one-hundred pounds on EPA’s are zero under the DHS plan.  It was agreed that such low thresholds will affect many small farms, farm supplies stores and ‘mom and pop’ businesses.  There was a question of which state agency will be responsible for enforcing the DHS program and Harmon said currently it is the responsibility of DHS, but eventually could be delegated to a state agency as DHS has only thirty people to monitor the program nationwide. The DHS plans will be under the same exemption from FOI requests as are the EPA plans.

 

Franks asked if there was any other new business.  Claunch reported that he has received FOI requests from three different attorneys regarding the role his agency played in the haz-mat spills at JJ’s Truck Stop and at Triads and asked if ADEM has received the same requests, to which Harmon replied they had.   Blankenship said this was probably a result of Saline County passing an ordinance regulating transfer stations and that although Triad was initially established as a drop station with no transfers occurring, it later transitioned into a transfer station with a large amount of chemicals moving through there.  He said the station will probably be in trouble if the legislation is retroactive.  

 

There being no further business, the meeting was adjourned at 2:00 p.m.

 

 

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