11 CSR 10-11.210 - General Organization Missouri Emergency Response Commission

PURPOSE: This rule explains the formation of the Missouri Emergency Response Commission and its responsibilities under the Emergency Planning and Community Right-to-Know Act. Also explained is how to obtain additional information regarding these activities and where to make submittals.

(1) The Department of Public Safety is authorized under sections 292.600-292.625, RSMo to administer the state and the federal Emergency Planning and Community Right-to-Know Act (EPCRA). The State Emergency Management Agency (SEMA) has been designated by the Department of Public Safety to provide the day-to-day operation and oversight of the Missouri Emergency Response Commission (MERC) the EPCRA Program and the Hazardous Materials Emergency Preparedness (HMEP) Program.

(2) The Missouri Emergency Planning and Community Right-to-Know Act (EPCRA or sections 292.600-292.625, RSMo) and the federal EPCRA ( P.L. 99-499 ) are administered in Missouri by the Missouri Department of Public Safety in conjunction with the Missouri Emergency Response Commission (MERC). MERC was first established in 1987 by Executive Order of the Governor and was later established under statute in 1988 and revised in 1992. The commission resides within the Missouri Department of Public Safety. The commission in conjunction with the department is responsible for-

(A) Carrying out the responsibilities assigned under the federal EPCRA and the state Act (sections 292.600-292.625, RSMo);

(B) Designating Local Emergency Planning Districts (LEPD), appointing a Local Emergency Planning Committee (LEPC) to each district; coordinating, supporting and supervising LEPC activities and reviewing and commenting on LEPC plans;

(C) Establishing a single filing point for all state and federal EPCRA information;

(D) Accepting, receiving and administering grants and gifts, including those from the federal government, for carrying out the purposes of the law;

(E) Providing assistance to LEPCs for carrying out responsibilities under the state and federal EPCRA laws;

(F) Providing training to LEPCs and others;

(G) Entering into agreements with other persons or agencies to carry out the requirements of the state and federal EPCRA legislation;

(H) Collecting and allotting funds as specified in sections 292.604 and 292.606, RSMo;

(I) Developing a data management system to store and retrieve EPCRA information. Assisting LEPCs, fire departments and others to make this information readily available for planning and emergency response purposes; and

(J) In addition to subsections (2)(A)-(J), the director of the Department of Public Safety or authorized representative has the responsibility and authority under sections 292.600-292.625, RSMo to-

1. Promulgate rules to carry out Missouri's EPCRA and to meet the reporting requirements of the federal EPCRA;

2. Exercise general supervision of the administration and enforcement of the state EPCRA and all rules adopted under it;

3. Hire staff, within appropriations, as may be necessary to carry out the provisions of the state EPCRA;

4. Budget and receive appropriated moneys to carry out the state EPCRA;

5. Accept, receive, and administer gifts and grants, including those from the federal government, to carry out the purposes of the state EPCRA;

6. Work with LEPCs to carry out the purposes of the state EPCRA; and

7. Administer the Chemical Emergency Preparedness Fund established in section 292.607, RSMo, in conjunction with the commission.

(3) Information.

(A) Requests for copies of rules, report forms, planning guides, and other EPCRA information may be made to the Missouri Emergency Response Commission, PO Box 3133, Jefferson City, MO 65102.

(B) The EPCRA files, except trade secrets, as provided in section 292.610, RSMo, are public information and are located in the offices of the Missouri Emergency Response Commission, 2302 Militia Dr., Jefferson City, Missouri. Anyone wishing to review information in the EPCRA files is requested to make an appointment by writing to the MERC at the mailing address listed in subsection (3)(A). There is no fee for reviewing file information. There is a copying fee if copies of file information are made and it must be paid by check or money order.

Notes

11 CSR 10-11.210

AUTHORITY: section 292.613, RSMo 2000. This rule previously filed as 11 CSR 404.010. This rule also filed as 10 CSR 241.010. Original rule filed Nov. 30, 1983, effective April 12, 1984. Emergency amendment filed Dec. 2, 1992, effective Jan. 1, 1993, expired April 20, 1993. Amended: Filed Oct. 5, 1992, effective April 8, 1993. Amended: Filed Nov. 5, 1993, effective June 6, 1994. Changed to 11 CSR 10-11.210. Amended: Filed Dec. 19, 2001, effective June 30, 2002. Amended: Filed March 4, 2004, effective Sept. 30, 2004.

*Original authority: 292.613, RSMo 1988, amended 1993, 1995.