NY.gov Portal State Agency Listing

Disaster Preparedness

New York State DIsaster Preparedness Commission

Jerome M. Hauer
Chairman

New York State Disaster Preparedness Commission

Comprised of the commissioners, directors or chairpersons of 32 State agencies and one volunteer organization - the American Red Cross - the responsibilities of the Disaster Preparedness Commission (DPC) include: the preparation of State disaster plans; the direction of State disaster operations and coordinating those with local government operations; and the coordination of federal, State and private recovery efforts.

New York State Executive Law, Article 2-B, enacted in 1978, shifted emphasis from Civil Defense to all-hazards preparedness activities and missions; created the Disaster Preparedness Commission; and assigned responsibility for off-site radiological emergency preparedness for commerical nuclear power plants.

DPC Member Agencies

Article 2-B

New York State Executive Law, Article 2-B, enacted in 1978, shifted emphasis from Civil Defense to all-hazards preparedness activities and missions; created the Disaster Preparedness Commission; and assigned responsibility for off-site radiological emergency preparedness for commerical nuclear power plants.

New York State Legislature in 2010 enacted changes in Article 2-B of the NYS Executive Law, which created the Disaster Preparednness Commission in 1978.

State Emergency Response Commission (SERC)

Phone: (518) 292-2366
Fax: (518) 322-4986

It is the mission of the State Emergency Response Commission (SERC) and Local Emergency Planning Committees (LEPCs) to implement the Emergency Planning and Community Right-To-Know Act (EPCRA), also known as Title III of the Superfund Amendments and Reauthorization Act (SARA).

E-Plan

The State of New York uses E-Plan for accepting online submission of Tier II chemical inventory information. The program is available for use by local government and industry at no cost.

Current Best Practices

In the following counties, the LEPCs and the fire departments accept E-Plan to fulfill the chemical inventory requirements of the Emergency Planning and Community Right-to-Know Act (EPCRA):

  • Albany, Broome, Chenango, Clinton, Columbia, Cortland, Delaware, Dutchess, Erie, Lewis, Montgomery, Niagara, Onondaga, Orange, Oswego, Rensselaer, Steuben, Tioga and Yates

In the following counties, only the LEPCs accept E-Plan to fulfill the chemical inventory requirements of the Emergency Planning and Community Right-to-Know Act (EPCRA):

  • Chemung, Genesee, Monroe, Montgomery, Oneida, Orleans, Otsego, Rockland, Schenectady, Schuyler, Seneca, Warren, Wayne and Wyoming.

In Essex County, only the fire departments accept E-Plan to fulfill the chemical inventory requirements of the Emergency Planning and Community Right-to-Know Act (EPCRA):

For industries located with the city limits of New York City, local Tier II submissions and questions should be sent to DEP through the following website: http://www.nyc.gov/html/dep/html/businesses/tier2.shtml.

Animal Waste Release Reporting

In January 2009, recent changes in federal regulations prompted the reporting of animal waste releases at farms. There are exemptions to those reporting requirements.

SERC Working Group

The SERC also coordinates and supervises the implementation of federal programs within New York that prevent, mitigate, and enhance response to hazardous material emergencies and ensure public awareness of appropriate chemical information as prescribed by law.

In order to carry out its ongoing planning functions for emergencies that involve hazardous materials, the SERC has created a Working Group.

State Emergency Response Commission Working Group

New York State Office of Emergency Management
1220 Washington Avenue
Building 22, Suite 101
Albany, NY 12226-2251
Phone: (518) 292-2366
Fax: (518) 322-4986
E-mail: SERC@DHSES.NY.GOV

Tier II Reporting

E-Plan Web Seminars

The NYS Emergency Management Office (NYSOEM) recently coordinated its first round of web seminars with the University of Texas at Dallas. The presentation delivered by NYSOEM during the session is available as a reference by clicking here.

Future web seminars are currently being scheduled and will be posted on this page when available. Please check back at a later date to sign up for a session.

E-Plan Web Seminar Recordings

Recordings of the complete E-Plan instructional web seminars are currently available as links or as downloads. The Industry recording is a complete tutorial for the submission of Tier II data using the E-Plan web page. The Government recording is a complete tutorial for users to access data from the E-Plan web page upon being granted access. (NOTE: Recordings may take up to 30 seconds to begin.)

E-Plan in New York State

Traditionally, facilities required to report under the Emergency Planning and Community Right to Know Act (EPCRA) have used the hard-copy Tier II form or some electronic variation (i.e., Tier II Submit) as a means of complying with the notification requirements. This variance in reporting methodology often makes it difficult to utilize this information for State and local planning purposes. The State of New York has decided to accept and encourage the use of an electronic Tier II submission program as the primary means for companies operating in New York State to comply with federal chemical inventory reporting requirements.

The SERC Working Group has reviewed the capabilities of a Tier II reporting methodology known as E-Plan. E-Plan is a U.S. Environmental Protection Agency (EPA) funded electronic database managed by the State University of Texas at Dallas. E-Plan is a secure, web-based system that includes the necessary and required elements to receive chemical inventory information from facilities that are required to report. The system includes a host of supportive information, import/export capabilities, and is currently being used in several counties in New York State.

The State has decided to accept the use of this web-based application for compliance purposes in reporting to the State. County Local Emergency Planning Committees (LEPCs) and fire departments will determine whether or not electronic submission is a process that they are willing to accept for compliance with EPCRA Section 312.

The information in these links will provide you with key points in using electronic filing, as well as the background of chemical inventory reporting and what using E-Plan means to both industry and local government agencies.

The SERC's decision to use E-Plan has been disseminated throughout the State to Tier II filers and users. Please review the letter from John R. Gibb, Chairman of the NYS Disaster Preparedness Commission (DPC).

E-Plan Fact Sheet

This fact sheet identifies the details on using E-Plan and is designed for all audiences that are considering using electronic reporting. This fact sheet should be reviewed in conjunction with the Local Government Primer.

Primer for Local Government

This primer identifies key concerns that should be considered by local government in determining whether or not they will choose to use E-Plan. This document should be reviewed in conjunction with the E-Plan Fact Sheet.

County E-Plan Implementation Guide

This guide identifies several items and concerns that each LEPC should formally address in moving forward with E-Plan, including concepts for amending by-laws, responding to Freedom of Information Law (FOIL) requests, and the process for authorizing access to the E-Plan system.

Tier2 Submit Software

The EPA has developed Tier2 Submit to help facilities prepare an electronic chemical inventory report. Facilities may opt to continue to use the Tier2 Submit program, but should note that filing with E-Plan is much easier for first-time reporting and updating as required.

Facilities which have used the EPA Tier2 Submit program in the past can upload their submission directly into the E-Plan system. For those still choosing to use Tier2 Submit, see the Facilities Submission Guide to assist in completing the fields in the Tier2 Submit program.

If you choose to use the Tier2 Submit program, please do not email your submission to the State. Please save your Tier2 Submit information to a floppy disk or CD and send to:

New York State Office of Emergency Management
Tier II Reporting
1220 Washington Avenue
Building 22, Suite 101
Albany, NY 12226-2251

Tier II Reporting Requrements

Additional Information

As of March 31, 2005, the EPA Call Center is not providing support for the Resource Conservation and Recovery Act (RCRA), Underground Storage Tanks (UST), and Leaking Underground Storage Tanks (LUST) programs. The decision to remove this service was made by the U.S. Office of Solid Waste and Emergency Response (OSWER) and can be found in the Federal Register Notice - March 4, 2005 (PDF - 63 Kb)

Individuals seeking information on the RCRA and UST programs are being directed to EPA's Headquarters and Regional Offices at EPA Wastes contact page.