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State Emergency Response Commission

By Tabitha Mishra
Last updated: May 9, 2024

What Does State Emergency Response Commission Mean?

The State Emergency Response Commission (SERC) is a commission whose mission is to implement the Emergency Planning and Community Right-to-Know Act (EPCRA) of 1986. EPCRA is also known as the Superfund Amendment and Reauthorization Act (SARA) Title III.

The SERC is appointed by a state governor and assists Local Emergency Planning Committees (LEPCs) to meet planning standards and comply with EPCRA. Under the EPCRA, LEPCs must develop an emergency response plan, conduct annual reviews, and provide citizens with the necessary information about chemicals in the community.

Safeopedia Explains State Emergency Response Commission

The State Emergency Response Commission is designated by each state to implement the EPCRA provisions within its jurisdiction.

The EPCRA was enacted to help communities plan for chemical emergencies and requires industries to report to federal, state, and local governments on the use, storage, and release of hazardous substances. It also requires the government and tribal nations to prepare for emergencies and protect their communities and first responders.

Role of the SERC Under EPCRA

A state’s SERC coordinates hazardous chemical planning and carries out the EPCRA mandate to establish state hazardous chemical emergency preparedness and response and community right-to-know program. For facilities located on tribal lands, the tribe’s chief executive officer appoints the Tribal Emergency Response Commission (TERC), which has similar responsibilities.

The LEPC and TEPC act as community representatives having an interest in safety and emergency preparedness for hazardous materials. They identify potential risks from the storage or transportation of chemicals in or through the community and plan ways to minimize risk, prevent accidents, and respond to chemical emergencies.

Duties of the SERC Under EPCRA

Since there is no minimum size requirement for SERCs, their membership varies and is often dictated by state legislation or executive order.

SERCs and LEPCs can promulgate their own rules under state or local law to impose more strict reporting requirements than that required under EPCRA.

The duties of the SERC and TERC concerning LEPCs include:

  • Designating districts for local emergency planning
  • Appointing an LEPC or TEPC for each district
  • Supervising activities of the LEPC and TEPC
  • Receiving and processing requests from the public for information collected under EPCRA
  • Reviewing local emergency response plans prepared by LEPCs

Duties concerning regulated communities include:

  • Receiving initial Emergency Planning Notifications and designating additional facilities according to the provisions of the law for Emergency Planning Notification
  • Receiving Emergency Releases Notification
  • Receiving the annual Emergency and Hazardous Chemical Inventory of SDS chemicals
  • Receiving the Annual Toxic Chemical Release Inventory Report
  • Taking action against chemical facility owners who do not comply with requirements for notification and reporting

Duties of the SERC concerning the public include:

  • Establishing procedures to process public requests for information
  • Appointing a coordinator to supervise the distribution of collected information to the public

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