Last Updated: 28 January 2009
March 1, 2007 NIMS Integration Center 202-646-3850 Page 1 of 2
NIMS COMPLIANCE REQUIREMENTS FOR LOCAL EMERGENCY PLANNING COMMITTEE’S
Since October 1, 2005, all 56 States and Territories were required to meet NIMS implementation requirements to be eligible to receive Federal preparedness assistance in the form of grants, cooperative agreements and direct contracts. Local Emergency Planning Committee’s (LEPC’s) participate in the communities within the States by assisting in the preparation of emergency response plans to prepare for and respond to chemical emergencies.
- • What is a Local Emergency Planning Committee?
Local Emergency Planning Committees were established under the Emergency Planning and Community Right-to-Know Act. LEPCs are non-profit community organizations that must include in their membership, at a minimum, local officials including police, fire, civil defense, public health, transportation, and environmental professionals, as well as representatives of facilities subject to the emergency planning requirements, community groups, and the media. LEPCs must assist in the development of emergency response plans, conduct annual reviews at least annually, and provide information about chemicals in the community to citizens.
- • What are the required elements of a community emergency response plan that is developed by an LEPC?
- • Identify facilities and transportation routes of extremely hazardous substances;
- • Describe emergency response procedures, on and off site;
- • Designate a community coordinator and facility coordinator(s) to implement the plan;
- • Outline emergency notification procedures;
- • Describe how to determine the probable affected area and population by releases;
- • Describe local emergency equipment and facilities and the persons responsible for them;
- • Outline evacuation plans;
- • Provide a training program for emergency responders (including schedules); and,
- • Provide methods and schedules for exercising emergency response plans.
- • What actions must LEPCs take to comply with National Incident Management compliance requirements?
- o LEPC Emergency Response Plans: The Governor of each State has designated a State Emergency Response Commission (SERC) to implement EPCRA statewide. The SERCs, in turn, have appointed about 3,500 local emergency planning districts and appointed an LEPC for each district. The SERC supervises and coordinates the activities of the LEPC and reviews the local emergency response plans. LEPC developed emergency response plans are local emergency operations plans. Incorporation of NIMS into ALL Emergency Operations Plans (EOPs) within the State is a specific requirement for States to be NIMS compliant. Therefore, LEPC emergency response plans must be NIMS compliant. For more information on plan development, LEPCs should reference the NIMS Guide; Local and Tribal NIMS Integration: Integrating the National Incident Management System into Local and Tribal Emergency Operations Plans and Standard Operating Procedures, Version 1.0. This guide can be downloaded at:
NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS)
- • What courses must LEPC members complete to comply with National Incident Management compliance requirements for FY 2008?
- o Train on NIMS National Standard Curriculum: State and local personnel with a direct role in emergency response or incident management must complete training in ICS 100, ICS 200, IS 700 and IS 800. Many members of the LEPC who have jobs that deal with incident management or response will be required to take these courses. LEPC members who do not perform specific response or incident management functions are not required to take these courses. However, the NIMS Integration Center encourages ALL LEPC members to familiarize themselves with NIMS.
- • LEPC’s receive grant funds under the Department of Transportation’s Hazardous Materials Emergency Preparedness Program. Will the LEPC lose those funds if all of the LEPC members have not taken ICS training? No. DHS does not require LEPC members who do not function as emergency responders or incident managers to take ICS courses in order for the LEPC to receive grant funds. However, some States may impose stricter requirements for local recipients of Federal preparedness grant funds. LEPCs should check with their respective SERCs for guidance.
- • How can DHS make rules for grant programs that are managed by other federal agencies? The NIMS Integration Center was established under the Homeland Security Presidential Directive – 5 (HSPD-5) Management of Disasters. HSPD-5 established and designated the NIMS Integration Center to lead in Federal coordination of NIMS implementation. HSPD-5 also specifies that all recipients of Federal preparedness awards implement the NIMS. The NIMS Integration Center has established a Federal Partners Workgroup to ensure NIMS is implemented across federal agencies in a similar manner. One of the program goals is to have federal agencies with emergency preparedness grant programs provide information on NIMS compliance to their grantees. All federal agencies with emergency preparedness grant programs are members of this workgroup. It is the responsibility of all Federal agencies that administer preparedness grants and awards to monitor NIMS implementation in their respective programs.
- • Are LEPCs going to be subject to grant monitoring by DHS? No. LEPC’s would never be directly monitored by DHS. DHS monitors the 56 States and Territories implementation of NIMS through the State Homeland Security Grant Program. States monitor local recipients of State Homeland Security Grants within their respective State.