CHAPTER 446l
EMERGENCY RESPONSE COMMISSION

Table of Contents

Sec. 22a-600. Definitions.
Sec. 22a-601. Connecticut Emergency Response Commission established. Members. Duties.
Sec. 22a-602. Duties of Commissioner of Environmental Protection.
Sec. 22a-603. State emergency planning activities.
Sec. 22a-604. Interagency agreement.
Sec. 22a-605. Regulations.
Sec. 22a-606. Provision of final notice to chief executive officer of municipality.
Sec. 22a-607. Notification by owner or operator of facility subject to requirements of Emergency Planning and Community Right-to-Know Act.
Sec. 22a-608. Release of extremely hazardous substance notification. Follow-up emergency notice.
Sec. 22a-609. Submission of material safety data for certain chemicals.
Sec. 22a-610. Preparation of emergency and hazardous chemical inventory form. Tier I and tier II information. Inspection of facility by fire department.
Sec. 22a-611. Toxic release form.

      Sec. 22a-600. Definitions. As used in sections 22a-601 to 22a-611, inclusive:

      (1) "Commission" means the State Emergency Response Commission established by section 22a-601;

      (2) "Emergency Planning and Community Right-to-Know Act" means the Emergency Planning and Community Right-to-Know Act of 1986, 42 USC 11001 et seq., as may be amended; and

      (3) "Facility" means buildings and other structures and equipment and other stationary items located on a single site or contiguous or adjacent sites which are owned or operated by the same person or controlled by or under common control with such person.

      (P.A. 88-246, S. 4; P.A. 89-212, S. 1.)

      History: P.A. 89-212 redefined "facility" and extended applicability of definitions to new Secs. 22a-605 to 22a-611, inclusive.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 22a-601. Connecticut Emergency Response Commission established. Members. Duties. (a) There is established a Connecticut Emergency Response Commission which shall be within the Department of Environmental Protection. The commission shall consist of nineteen members as follows: The Commissioners of Environmental Protection, Emergency Management and Homeland Security, Public Safety, Public Health and Transportation, the Labor Commissioner, the Secretary of the Office of Policy and Management, the Adjutant General of the Military Department, the State Fire Marshal and the State Fire Administrator, or their designees, and nine members appointed by the Governor, four of whom shall represent the public, three of whom shall represent owners or operators of facilities, one of whom shall be the fire chief of a municipal fire department whose employees are compensated for their services and one of whom shall be the fire chief of a volunteer fire department. Members of the commission appointed by the Governor shall serve for two years. The Governor shall fill any vacancy in the office of an appointed member for the unexpired portion of the term. Members of the commission shall serve without compensation but shall be reimbursed for necessary expenses incurred in the performance of their duties. The chairperson of the commission shall be appointed by the Governor and shall serve at his pleasure.

      (b) The commission shall implement the provisions of the Emergency Planning and Community Right-to-Know Act and shall designate local planning districts. The commission shall establish a local emergency planning committee for each local planning district. Each committee shall include, at a minimum, representatives from each of the following categories: State and local elected officials; law enforcement, fire-fighting, civil defense, public health, local environmental, hospital and transportation personnel; members of the broadcast and print media; members of community groups; and owners and operators of facilities subject to the requirements of section 22a-607. The members of each committee shall be appointed by the commission, provided each municipality located within a committee's local planning district shall be represented by at least one member of the committee. The boundaries of the districts and membership may be revised by the commission as it deems necessary.

      (P.A. 88-246, S. 5; P.A. 89-212, S. 2; P.A. 91-172, S. 1; P.A. 92-72, S. 1, 2; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 99-190, S. 6, 9; P.A. 04-219, S. 9.)

      History: P.A. 89-212 amended Subsec. (a) by making technical change substituting office of emergency management for office of civil preparedness and amended Subsec. (b) to require establishment of local emergency planning committees membership requirements; P.A. 91-172 expanded the membership of the commission, adding the commissioner of labor and increasing the number of gubernatorial appointments from seven to nine, adding fire chiefs of a municipal and volunteer department; P.A. 92-72 amended Subsec. (a) to change the designation of the commission within the department of environmental protection by deleting "for administrative purposes only"; P.A. 93-381 replaced commissioner of health services with commissioner of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995 (Revisor's note: In Subsec. (a) reference to "Commissioners of the Departments of Environmental Protection, Public Safety ... Labor and Transportation" was replaced editorially by the Revisors with "Commissioners of Environmental Protection, Public Safety, Public Health and Transportation, the Labor Commissioner," for consistency with customary statutory usage); P.A. 99-190 amended Subsec. (a) by adding the Adjutant General of the Military Department as member of the commission, effective July 1, 1999; P.A. 04-219 amended Subsec. (a) to substitute Commissioner of Emergency Management and Homeland Security for director of the Office of Emergency Management, effective January 1, 2005.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 22a-602. Duties of Commissioner of Environmental Protection. The Commissioner of Environmental Protection shall (1) provide technical and clerical assistance, within available appropriations, to the commission for its oversight and administrative activities and (2) receive, process and manage chemical information and notifications made pursuant to the Emergency Planning and Community Right-to-Know Act.

      (P.A. 88-246, S. 6.)

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 22a-603. State emergency planning activities. The Commissioner of Emergency Management and Homeland Security shall implement the state emergency planning activities required pursuant to the Emergency Planning and Community Right-to-Know Act.

      (P.A. 88-246, S. 7; 88-364, S. 93, 123; P.A. 04-219, S. 10.)

      History: P.A. 88-364 substituted office of emergency management for office of civil preparedness; P.A. 04-219 substituted Commissioner of Emergency Management and Homeland Security for director of the Office of Emergency Management, effective January 1, 2005.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 22a-604. Interagency agreement. The Commissioners of Environmental Protection and Public Safety shall enter into an interagency agreement providing for the exchange of information and the coordination of their duties and responsibilities pursuant to the provisions of sections 22a-600 to 22a-603, inclusive.

      (P.A. 88-246, S. 8.)

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 22a-605. Regulations. The Commissioner of Environmental Protection shall adopt regulations pursuant to chapter 54 to carry out the notification provisions of the Emergency Planning and Community Right-to-Know Act. Such regulations shall include procedures for initial, second and final notice to owners or operators of facilities of suspected violation of said act.

      (P.A. 89-212, S. 3.)

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 22a-606. Provision of final notice to chief executive officer of municipality. The chief executive officer of a municipality, or his designee, may provide the owner or operator of a facility suspected of a violation of the Emergency Planning and Community Right-to-Know Act with the initial, second and final notice of any such violation.

      (P.A. 89-212, S. 4.)

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 22a-607. Notification by owner or operator of facility subject to requirements of Emergency Planning and Community Right-to-Know Act. The owner or operator of each facility where a substance on the list of extremely hazardous substances published pursuant to the Emergency Planning and Community Right-to-Know Act is present in an amount in excess of the threshold planning quantity established for such substances shall notify the commission and the local emergency planning committee that such facility is subject to the requirements of the Emergency Planning and Community Right-to-Know Act. Thereafter, if a substance on the list of extremely hazardous substances prepared pursuant to said act becomes present at such facility in excess of the threshold planning quantity established for such substance, or the list is revised and the facility has present a substance on the revised list in excess of the threshold planning quantity established for the substance, the owner or operator of the facility shall notify the commission and the local emergency planning committee within sixty days of such acquisition or revision that the facility is subject to the requirements of said act.

      (P.A. 89-212, S. 5.)

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 22a-608. Release of extremely hazardous substance notification. Follow-up emergency notice. (a) When a release occurs of a substance on the list of extremely hazardous substances published pursuant to the Emergency Planning and Community Right-to-Know Act or a hazardous substance as defined in Section 103 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 USC 9601 et seq.), the owner or operator of the facility shall notify, as prescribed in subsection (b), the community emergency coordinator of the local emergency planning committee of any area likely to be affected by the release and the State Emergency Response Commission of any state likely to be affected by the release if (A) the substance is one for which a reportable quantity has been established under Section 102 of the Comprehensive Environmental Response Compensation and Liability Act of 1980 or the Emergency Planning and Community Right-to-Know Act or (B) the substance is one for which a reportable quantity has not been established under said Section 102 or the Emergency Planning and Community Right-to-Know Act and the amount of the substance released was one pound or more.

      (b) The notification required under subsection (a) of this section shall be given immediately by telephone, radio or in person, except that in the case of a release occurring during transportation or storage incident to transportation, notice may be satisfied by dialing 911 or, in the absence of a 911 emergency telephone number, calling the operator. To the extent known at the time of notice and provided no delay in responding to the emergency results, the notice shall include the following: (1) The chemical name or identity of any substance involved in a release; (2) an indication whether the substance is on the list of extremely hazardous substances prepared pursuant to the Emergency Planning and Community Right-to-Know Act; (3) an estimate of the quantity of any substance released into the environment; (4) the time and duration of the release; (5) the medium or media into which the release occurred; (6) any known or anticipated acute or chronic health risks associated with the emergency and, where appropriate, advice regarding medical attention necessary for exposed individuals; (7) proper precautions to take as a result of the release, including evacuation, provided such information is not readily available to the community emergency coordinator pursuant to the emergency plan; and (8) the name and telephone number of the person or persons to be contacted for further information.

      (c) The owner or operator shall provide a written follow-up emergency notice as soon as practicable after a release requiring a notice under this section. Such notice shall set forth and update the information required under subsection (b) and include additional information on (1) actions taken to respond to and contain the release, (2) any known or anticipated acute or chronic health risks associated with the release and (3) advice regarding medical attention necessary for exposed individuals, where appropriate.

      (d) The provisions of this section shall apply to the transportation, and storage incident to such transportation, of any substance or chemical subject to the requirements of the Emergency Planning and Community Right-to-Know Act.

      (e) As used in this section, "facility" includes motor vehicles, rolling stock and aircraft.

      (P.A. 89-212, S. 6; P.A. 90-230, S. 71, 101; P.A. 91-172, S. 3.)

      History: P.A. 90-230 corrected an internal reference in Subsec. (e); P.A. 91-172 amended Subsec. (d) to delete a specific reference to transportation and distribution of natural gas in the application of this section.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 22a-609. Submission of material safety data for certain chemicals. (a) The owner or operator of any facility required to have available a material safety data sheet for a hazardous chemical under the Occupational Safety and Health Act of 1970 (15 USC 651 et seq.) or regulations promulgated thereunder shall, for any such hazardous chemical present at the facility in an amount equal to or in excess of the minimum threshold level specified in Part 370 of Title 40 of the Code of Federal Regulations, as amended from time to time, submit a material safety data sheet for each such chemical or a list of such chemicals to the appropriate local emergency planning committee, the commission and the fire department with jurisdiction over the facility. The owner or operator shall submit a revised sheet to the appropriate local emergency planning committee, the commission and the fire department with jurisdiction over the facility not more than three months after discovery by such owner or operator of significant new information concerning an aspect of a hazardous chemical for which a material safety data sheet was submitted. Any list submitted under this section shall include (1) a list of hazardous chemicals for which a material safety data sheet is required under the Occupational Safety and Health Act of 1970 and regulations promulgated thereunder, grouped in categories pursuant to said act or such other categories prescribed by the administrator of the United States Environmental Protection Agency, (2) the chemical name or the common name of each chemical as provided on the material safety data sheet and (3) any hazardous component of each such chemical as provided on the material safety data sheet. In the case of a hazardous chemical which is a mixture, the owner or operator may submit (1) a material safety data sheet for or a list of each chemical or compound in the mixture which is a hazardous chemical or (2) a material safety data sheet for the mixture.

      (b) The owner or operator of a facility submitting a list of chemicals under subsection (a) of this section shall submit the material safety data sheet for any chemical on the list to the local emergency planning committee upon request of such committee. The local emergency planning committee upon request of any person, shall make available the material safety data sheet to the person. If the local emergency planning committee does not have such sheet, the committee shall request the sheet from the owner or operator of the facility.

      (c) As used in this section, "hazardous chemical" shall be defined as in 1910.1200(c) of Title 29 of the Code of Federal Regulations, except that such term shall not include (1) any food, food additive, color additive, drug or cosmetic regulated by the Food and Drug Administration, (2) any substance present as a solid in any manufactured item to the extent exposure to the substance does not occur under normal condition of use, (3) any substance to the extent it is used for personal, family or household purposes, or is present in the same form and concentration as a product packaged for distribution and use by the general public, (4) any substance to the extent it is used in a research laboratory or a hospital or other medical facility under the direct supervision of a technically qualified individual and (5) any substance to the extent it is used in routine agricultural operation or is a fertilizer held for sale by a retailer to the ultimate customer.

      (P.A. 89-212, S. 7; P.A. 91-172, S. 2; P.A. 97-124, S. 2, 16.)

      History: P.A. 91-172 amended Subsec. (c) to make a technical correction; P.A. 97-124 amended Subsec. (a) to provide that the reporting requirements under this section shall apply to hazardous chemicals for which minimum threshold amounts are specified in certain federal regulations and to make a technical change, effective June 6, 1997.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 22a-610. Preparation of emergency and hazardous chemical inventory form. Tier I and tier II information. Inspection of facility by fire department. (a) As used in this section:

      (1) "Tier I information" means information in aggregate terms for hazardous chemicals in categories of health and physical hazards as set forth under the Occupational Safety and Health Act of 1970 and regulations promulgated thereunder, including (A) an estimate, in ranges, of the maximum amount of hazardous chemicals in each category present at the facility at any time during the preceding calendar year, (B) an estimate, in ranges, of the average daily amount of hazardous chemicals in each category present at the facility during the preceding calendar year and (C) the general location of hazardous chemicals in each category.

      (2) "Tier II information" means information requested in accordance with subsection (c) for hazardous chemicals including, but not limited to, (A) the chemical name or common name of the chemical as provided on the material safety data sheet, (B) an estimate, in ranges, of the maximum amount of the hazardous chemicals present at the facility at any time during the preceding calendar year, (C) an estimate, in ranges, of the average daily amount of the hazardous chemicals present at the facility during the preceding calendar year, (D) a brief description of the manner of storage of the hazardous chemicals, (E) the location at the facility of the hazardous chemicals and (F) an indication of whether the owner elects to withhold location information of a specific chemical from disclosure to the public under Section 324 of the Emergency Planning and Community Right-to-Know Act of 1986.

      (3) "Hazardous chemical" means a chemical for which a material safety data sheet is required under the Occupational Safety and Health Act of 1970 (15 USC 651 et seq.) or a chemical on a list required to be filed under section 22a-609.

      (b) On or before March 1, 1990, and annually thereafter, the owner or operator of any facility required to prepare or have available a material safety data sheet for a hazardous chemical under the Occupational Safety and Health Act of 1970 and regulations promulgated thereunder shall, for any such hazardous chemical present at the facility in an amount equal to or in excess of the minimum threshold level specified in Part 370 of Title 40 of the Code of Federal Regulations, as amended from time to time, prepare and submit an emergency and hazardous chemical inventory form containing tier I or tier II information to the appropriate local emergency planning committee, the commission and the fire department with jurisdiction over the facility. The owner or operator may comply with this section by (1) providing information on the inventory form on each element or compound in the mixture which is a hazardous chemical or (2) providing information on the inventory form on the mixture itself.

      (c) (1) The owner or operator of a facility submitting an emergency and hazardous chemical inventory form in accordance with subsection (b) of this section shall provide tier II information for a facility to the commission, a local emergency planning committee or a fire department with jurisdiction over the facility upon request of such commission, committee or department.

      (2) Any state or municipal official may have access to tier II information submitted in accordance with subsection (b) of this section upon submitting a request to the commission or the local emergency planning committee. Upon request for such information, the commission or local committee shall request the owner or operator of the facility for the tier II information and make available such information to the official.

      (d) The owner or operator of a facility which files an inventory form under this section shall, upon request of the fire department with jurisdiction over the facility, allow such fire department to conduct an on-site inspection of the facility and provide to the fire department specific location information on hazardous chemicals at the facility.

      (P.A. 89-212, S. 8; P.A. 97-124, S. 3, 16.)

      History: P.A. 97-124 made a technical change in Subsec. (a)(3) and amended Subsecs. (b) and (c) to provide that the reporting requirements under this section shall apply to hazardous chemicals for which minimum threshold amounts are specified in certain federal regulations, effective June 6, 1997.

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)

      Sec. 22a-611. Toxic release form. The owner or operator of a facility required to complete a toxic release form under Section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 shall annually submit such form to the commission on or before the first of July or a date established by the United States Environmental Protection Agency, whichever comes later.

      (P.A. 89-212, S. 9; P.A. 06-76, S. 23.)

      History: P.A. 06-76 made a technical change re July first submission date and added as alternative "a date established by the United States Environmental Protection Agency, whichever comes later".

(Return to
Chapter Table of Contents)
(Return to
List of Chapters)
(Return to
List of Titles)