Neb. Admin. Code tit. 67 — Emergency Management Agency

Chapter 1 Definitions

Neb. Admin. Code tit. 67, ch. 1 Definitions {#sec-67-nac-1 omnilex-key=us-ne-regs-official--title-67--67 NAC 1}

001 Definitions only apply to this title and do not apply to any other part of the State Disaster and Emergency Management Act.

001.01 Additional Facility – The term Additional Facility shall mean all buildings, equipment, structures, and other stationary and non-stationary items that may be located anywhere in the State of Nebraska and which are owned or operated by the same person (or by any person which controls, is controlled by, or under common control with, such person), are not already designated as facilities under Section 302 of SARA Title III as codified in 40 CFR 355.20, which under the State of Nebraska designates as a facility pursuant to its authority under 40 CFR 300.215(b). Additional Facility shall include only those designated as such by the governor or the State Emergency Response Commission.

001.02 Commission – Commission shall mean the State Emergency Response Commission (SERC).

001.03 Committee – Committee shall mean the Local Emergency Planning Committee (LEPC).

001.04 Environment – Environment shall mean the water, air, and land and the interrelationship which exists among and between water, air, and land and all living things.

001.05 Hazardous Chemical – Hazardous Chemical is a material that exhibits or possesses any of the 26 hazard criteria listed by the Occupational Safety and Health Administration (OSHA) in 29 CFR 1910.1200. Appendices A and B.

001.06 Operator – Operator is the person responsible for the overall operation of an additional facility.

001.07 Owner – Owner shall mean the person who owns all or part of an additional facility.

001.08 Person – Person means any individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, or interstate body.

001.09 Portable Fertilizer Manufacturing Plant – Shall mean a portable unit of equipment and machinery used in the manufacture of or processing of any grade of liquid fertilizer by combining NH3 with any reagent of other chemical, and which has NH3 present in volume equal to or greater than 500 lbs.

History

• Effective 1999-08-17

Chapter 2 Scope and Intent

Neb. Admin. Code tit. 67, ch. 2 Scope and Intent {#sec-67-nac-2 omnilex-key=us-ne-regs-official--title-67--67 NAC 2}

001 Scope and Intent – Title III of the Federal Superfund Amendments Reauthorization Act (SARA Title III) provides state governors or their representatives (i.e., members of the State Emergency Response Commission), the option to designate additional categories of facilities which shall become subject to the emergency planning provisions of that statute, if such designation is made after public notice and opportunity for comment. The notification and reporting requirements contained in Chapter 3 of this title apply to designated additional facilities unless more stringent requirements are provided in the additional facility designation chapter(s) of this title.

History

• Effective 1999-08-16

Chapter 3 Notification and Reporting Requirements

Neb. Admin. Code tit. 67, ch. 3 Notification and Reporting Requirements {#sec-67-nac-3 omnilex-key=us-ne-regs-official--title-67--67 NAC 3}

001 Subject To Emergency Planning Requirements - The owner or operator of an additional facility designated in this title shall provide notification to the commission that it is subject to the emergency planning requirements of SARA Title III, Section 302 and 303, and these rules. Such notification shall be in writing and be provided within sixty (60) days after the additional facility first becomes subject to the requirements, unless the additional facility designation chapter(s) of this title require more stringent requirements.

002 Representation - The owner or operator of an additional facility shall designate a representative who will participate in the local emergency planning process as a facility emergency response coordinator. The owner or operator shall notify the Committee(s) having jurisdiction over the additional facility of the representative in writing within thirty (30) days of establishing operations within the state.

003 Changes in Facility - The owner or operator of an additional facility subject to this title shall promptly inform the Committee(s) having jurisdiction over additional facility of any changes at the additional facility which may be relevant to emergency planning.

004 Reporting Requirements - Upon request of the Committee(s) having jurisdiction over the additional facilities, the owner or operator of an additional facility subject to this title shall promptly report to the Committee(s) in writing any information necessary for development or implementation of the Local Emergency Operations Plan (LEOP).

History

• Effective 1999-08-16

Chapter 4 Portable Fertilizer Manufacturing Plants

Neb. Admin. Code tit. 67, ch. 4 Portable Fertilizer Manufacturing Plants {#sec-67-nac-4 omnilex-key=us-ne-regs-official--title-67--67 NAC 4}

001 Commission and Committee Notification The owner or operators of portable fertilizer manufacturing plant or the manufacturing location shall provide the following notifications

001.01 Telephone notification as required by Section 002 no less than 24 hours and no more than 21 days prior to the actual time of placing the plant into service at each location.

001.02 Written notification as required by Section 003 below for each new or modified location before or on the tenth calendar day prior to the earliest possible date for placing the plant into service at the new or modified location.

002 Telephone Notification The owners or operators of portable fertilizer manufacturing plants or the manufacturing location shall satisfy the notification requirement contained in Section 001.01 above by submitting a telephonic notification to the committee and provide the following information:

002.01 The name and address of the location where the portable fertilizer manufacturing plant will be placed into operation.

002.02 The name(s) and identity(ies) of the hazardous substances to be processed in manufacturing.

002.03 The approximate date and time the fertilizer manufacturing process will begin at the location.

003 Planning Notification for Portable Fertilizer Manufacturing The owners or operators of portable fertilizer manufacturing plants shall satisfy the notification requirements contained in Section 001.02 above by submitting to the commission and then committee, a notification entitled "Planning Notification for Portable Fertilizer Manufacturing," which contains all the information included in the Federal Continuous Release report as codified in 40 CFR 302.8(e)(1)(I to iv), with the exception of the National Response Center or the Environmental Protection Agency case numbers which would not be available for new locations. An example format is attached to this rule.

004 Notification in Writing Owners or operators of the portable fertilizer plant and the owners or operators of the manufacturing location shall certify the information they have provided in the completion of the written notification as required in Section 001.02 above as being accurate and current to the best of their knowledge.

005 Notification Requirements The notification requirements of this chapter supersede the notification requirements of Section 001, 002, and 003 of Chapter 3 of this title.

006 Sensitive Local Environments and Populations Owners or operators of the manufacturing location shall certify, in the written Planning Notification for Portable Fertilizer Manufacturing, information of a local nature, specifically the identity and locations of sensitive environments and populations, and the population density within a one mile radius of the manufacturing location, as contained in 40 CFR 302.8(e)(1)(i, ii, and iii).

007 Manufacturing Information Owners or operators of portable fertilizer manufacturing plants shall certify in the written Planning Notification for Portable Fertilizer Manufacturing, information relevant to the manufacturing process, chemicals, and associated releases, specifically that information contained in 40 CFR 302-8(e)(1)(i and iv).

History

• Effective 1999-08-16

Chapter 5 Rules and Regulations Governing the Nebraska Emergency Planning and Community Right to Know Act, and the Nebraska Emergency Planning and Community Right to Know Cash Fund

Neb. Admin. Code tit. 67, ch. 5 Rules and Regulations Governing the Nebraska Emergency Planning and Community Right to Know Act, and the Nebraska Emergency Planning and Community Right to Know Cash Fund {#sec-67-nac-5 omnilex-key=us-ne-regs-official--title-67--67 NAC 5}

NEBRASKA EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW ACT CASH FUND; may receive gifts, bequests, grants, fees, or other contributions or donations from public and private entities, shall be used to carry out the purpose of the Nebraska Emergency Planning and Community Right to Know Act. This fund will be administered for the State Emergency Response Commission (SERC) by the Nebraska Emergency Management Agency(NEMA), as directed by NE RRS 81-15.210(1).

001. DEFINITIONS

001.01. Bequeath Contributions

Any contributions given or left to the SERC following the death of a donor and execution of said will.

001.02. Cash Contributions

Cash contributions presented to the SERC are monetary contribution, donations, bequests, and grants, received from government agencies, public agencies, institutions, private and/or individuals.

001.03. In-Kind Contributions

In-Kind contributions represent monetary value of non-cash contributions donated to the SERC.

In-Kind contributions may be in the form of personal property, goods, and services.

001.04. Majority Vote

Shall mean a vote of a simple majority of the total SERC membership.

001.05. Policy Handbook

A document written and distributed by the SERC to the LEPC detailing minimum requirements for the operation of the LEPC.

002. Allocations

002.01. NEMA may notify all Local Emergency Planning Committees that meet eligibility requirements defined by the SERC in the policy handbook, within 90 days when funds or equipment are available.

002.02 Any LEPC meeting requirements wishing to request funds or equipment from the SERC shall submit a written request and shall use the following format:

002.02A. Name of the LEPC, LEPC Mailing Address, and Federal Tax ID number;

002.02B. Amount of funds or equipment requested;

002.02C. Description of how the funds or equipment are to be used;

002.02D. Signature of the LEPC Chairperson.

002.03. The SERC shall award the funds or equipment by a majority vote.

002.04. The LEPC shall provide a written report to the SERC upon completion of the project or written documentation of the inventory of the equipment.

002.05. Petty cash accounts are prohibited.

003. AUDIT

003.01. A fiscal and surplus equipment audit shall be conducted annually by NEMA.

003.02. Audit reports will submitted to the SERC by April 30 of the following year.

003.03. All SERC audit reports shall be retained in the files at NEMA and shall be made available upon request during NEMA regular business hours.

History

• Effective 2003-01-13

Chapter 6 Local Emergency Planning Committee/Emergency Planning District Gifts, Bequests, Grants, Contributions.

Neb. Admin. Code tit. 67, ch. 6 Local Emergency Planning Committee/Emergency Planning District Gifts, Bequests, Grants, Contributions. {#sec-67-nac-6 omnilex-key=us-ne-regs-official--title-67--67 NAC 6}

Each Local Emergency Planning Committee (LEPC) may receive gifts, bequests, grants, donations, or other contributions from public or private sources to carry out its duties in accordance with the provisions of the Nebraska Emergency Planning and Community Right to Know Act.

001 DEFINITIONS

001.01 Bequeath Contributions. Any contributions given or left to an LEPC following the death of a donor and execution of said will.

001.02 Cash Contributions. Cash contributions presented to the LEPC are monetary contribution, donations, bequests, grants, or gifts, received from governmental agencies, public agencies, institutions, private and/or individuals.

001.03 In-kind contributions. In-kind contributions represent monetary value of non-cash contributions donated to the LEPC. In-kind contributions may be in the form of personal property, goods, and services.

002 ALLOCATIONS

002.01 Allocations of inventory/funds shall be the responsibility of each LEPC.

002.02 In the event that single county LEPCs are combined to form a multi-county LEPC, all properties (monetary and physical) of each single county LEPCs shall be transferred to and accounted for by the newly formed multi-county LEPC.

002.03 In the event a single county or a smaller multi-county group desires to withdraw from a large multi-county LEPC to form a newly organized LEPC, properties (monetary and physical) may be transferred to the newly formed LEPC by a 2/3 majority vote of the remaining members of the pre-existing multi-county LEPC.

002.04 In the event a multi-county LEPC is being dissolved for the development of multiple LEPCs, each newly formed LEPC shall receive an equal portion of the assets (monetary and physical) unless otherwise agreed by a 2/3 vote of the members of the LEPC being dissolved.

002.05 An LEPC wishing to receive monetary funds must apply for and utilize a Federal Tax ID Number.

002.06 A bank checking account shall be established and utilized by each LEPC once they receive monetary donations for fiscal accountability and tracking.

002.07 Procedure for all fiscal expenditures is payment of debits by a bank check.

002.08 Accounting of monetary assets shall consist at a minimum, maintaining a ledger sheet.

002.09 Surplus equipment may be transferred to another LEPC or the Nebraska Emergency Management Agency (NEMA)on behalf of the State Emergency Response Commission (SERC) at the discretion of the LEPC with ownership. Written records of property transfer must by maintained by the donor as well as the donee for five (5) years.

002.10 Petty cash accounts are prohibited.

003 AUDIT/REPORT

003.01 An fiscal audit shall be completed and a annual report shall be submitted to the SERC. The annual report is due by April 30 of the following year. The annual report shall have the signature of the chairperson of the LEPC.

003.02 The fiscal audit report shall contain a listing of itemized fiscal deposits (gifts, bequests, grants, or other contributions of donations) with identification of sources, a current list of material inventory with year of procurement.

003.03 All audit reports shall be retained in the files of the LEPC for five (5) years.

003.04 All audit reports shall be made available upon written request.

History

• Effective 2002-12-31

Chapter 7 Rules and Regulations Concerning Standards and Requirements for Emergency Operations Plans

Neb. Admin. Code tit. 67, ch. 7 Rules and Regulations Concerning Standards and Requirements for Emergency Operations Plans {#sec-67-nac-7 omnilex-key=us-ne-regs-official--title-67--67 NAC 7}

001 General Information :

001.01 Statutory Authority. Chapter 7 is adopted pursuant to 81-829.41 (5)(c) which states that the Nebraska Emergency Management Agency shall adopt and promulgate rules and regulations setting out standards and requirements for city, village, couny, and interjurisdictional emergency operations plans.

001.02 Scope and Application of This Rule.

This chapter provides the standards and requirements for city, village, county, and interjurisdictional emergency operations plans.

001.03 Responsibility for Emergency Management Services. The elected officials of local governments shall be responsible for ensuring that emergency management services are provided to their citizens and for coordinating emergency operations in their respective jurisdictions.

001.04 Emergency Operations Plan.

Each city, village, county or interjurisdictional emergency management organization shall prepare and keep current a city, village, county, or interjurisdictional emergency operations plan for its jurisdiction. Such plans shall be in conformance with the requirements established in the Emergency Management Act.

002 Definitions . Definitions Used in This Chapter.

002.01 Disaster. Disaster means any event or the imminent threat thereof causing widespread or severe damage, injury, or loss of life or property resulting from any natural or manmade cause.

002.02 Emergency. Emergency means any event or the imminent threat thereof causing serious damage, injury, or loss of life or property resulting from any natural or manmade cause which, in the determination of the Governor or the principal executive officer of a local government, requires immediate action to accomplish the purpose of the Emergency Management Act and to effectively respond to the event or threat of the event.

002.03 Emergency Management. Emergency Management means the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to mitigate, prevent, minimize, respond to, and recover from injury and damage resulting from disasters, emergencies or cure defense emergencies.

002.04 Local Government. Local government means a county, village, or city of any class.

002.05 Mitigation. Mitigation refers to activities which eliminate or reduce the chance of occurrence or the effects of a disaster.

002.06 NEMA. NEMA means the Nebraska Emergency Management Agency.

002.07 Preparedness. Preparedness means planning how to respond to an emergency or disaster and working to increase resource capability to respond effectively.

002.08 Principal Executive Officer. Principal Executive Officer means the mayor in a city of any class or the elected chairperson of the governing body of a village or county.

002.09 Promulgate. Official adoption of the plan by a county board and/or city/village board by resolution or ordinance.

002.10 Recovery. Recovery means activities to return systems to normal or near normal functioning. Short-term recovery returns vital life support systems to minimum operating standards. Long-term recovery from a disaster may continue for years until the entire disaster area is completely redeveloped.

002.11 Response. Response means activities that provide emergency assistance to victims of an emergency or disaster and reduce the likelihood of secondary damage.

002.12 Secondary Damages. Damages caused indirectly by the effects of a natural or technological disaster.

002.13 Technological Hazard. Technological Hazard means a hazard emanating from the manufacture, transportation, and use of such substances as radioactive materials, chemicals, explosives, flammables, agricultural pesticides, herbicides, disease agents, oil spill, and debris from space.

003 Emergency Operations Plan Format . Each local government and interjurisdictional emergency management organization Emergency Operations Plan shall consist of the following components:

003.01 Planning Scope and Approach. The planning scope and approach of a local emergency operations plan shall be multi-hazard and functional.

003.02 Basic Plan. The basic plan serves as an overview of the local government’s approach to emergency management and includes information on policies, plans, and procedures relating to the responsibilities of the local government and all of its departments and agencies; the basic plan shall consist of the following components:

003.02A Preface. The preface of the basic plan should contain a promulgation document, a signature page, the dated title page and a record of changes, a record of distribution, and the table of contents.

003.02B Concept of Operations. The Concept of Operations section explains the jurisdiction’s overall approach to an emergency situation, i.e., what should happen, when, and at whose direction.

003.02C Organization and Assignment of Responsibilities. This section of the basic plan establishes the emergency organization that will be relied on to respond to an emergency situation. It includes a listing by position and organization of the kinds of tasks that are to be performed during emergency response.

003.03 Functional Annexes. Functional Annexes support the basic plan and address specific activities critical to emergency response and recovery. Suggested functional annexes include:

003.03A Direction and Control

003.03B Communications and Warning

003.03C Damage Assessment

003.03D Public Information

003.03E Evacuation

003.03F Fire Service

003.03G Health and Human Services

003.03H Law Enforcement

003.03I Mass Care

003.03J Protective Shelter

003.03K Public Works/Utilities

003.03L Resource Management

003.04 Hazard Specific Appendixes. Hazard Specific Appendixes in support of Functional Annexes shall contain technical information on response procedures, protective measures unique to the hazard, and methods for use in emergency operations. This component includes the Emergency Planning and Community Right-To-Know planning elements as defined in Nebraska Revised Statutes 81-15, 220 and Hazardous Materials Emergency Planning Guide by the National Response Team as defined in 42 USC 11003.

004 Format Variation . The format of each emergency operations plan may vary depending upon population, identified risks, and vulnerabilities.

005 Emergency Operations Plan Content . Each local government shall have a written Emergency Operations Plan that consists of the following content:

005.01 Basic Plan. The basic plan shall:

005.01A Declare the purpose of the plan and the purpose of each plan element;

005.01B Describe the situations that would likely cause local government to activate emergency response and recovery operations as described in the emergency operations plan;

005.01C Describe assumptions adopted during the planning process that may significantly impact emergency operations;

005.01D Describe the process of coordination and clearly establish guidelines for establishing and maintaining direction and control;

005.01E Describe the process of ensuring continuity of government in local government to include addressing the continuity of government (COG) measures of:

005.01E1 Succession to office;

005.01E2 Predelegation of emergency authority;

005.01E3 Emergency action steps;

005.01E4 Emergency Operating Centers;

005.01E5 Alternate Emergency Operating Centers;

005.01E6 Safeguarding essential records;

005.01E7 Protection of government resources, facilities, and personnel;

005.01E8 Describe the jurisdiction’s organization for large-scale emergency operations and the process of timely and orderly activation of the emergency organization;

005.01E9 Provide clear statements of the roles to be played by elements of local government during an emergency operation;

005.01E10 Explain how the emergency operations plan is to be logistically supported;

005.01E11 Describe communications systems and procedures that will be utilized to alert and direct emergency response forces, to receive and disseminate warnings, to request aid from other jurisdictions or local governments, and to receive requests for aid from other jurisdiction or local governments;

005.01E12 Describe how emergency response forces will be used to protect people and property when it is necessary to respond to and recover from disaster;

005.01E13 Identify the specific official by title who is responsible for implementing the plan and directing the emergency response;

005.01E14 Describe the responsibilities of local government departments and private sector organizations and individuals as they relate to emergency operations;

005.01E15 Describe procedures to ensure in-place sheltering or safe and orderly evacuation, lodging, and feeding of people threatened by disaster hazards;

005.01E16 Describe the procedures for coordination and dissemination of emergency public information and education materials to the general public by the mass media.

History

• Effective 2001-07-21

Chapter 8 Fees

Neb. Admin. Code tit. 67, ch. 8 Fees {#sec-67-nac-8 omnilex-key=us-ne-regs-official--title-67--67 NAC 8}

08-001 SCOPE AND AUTHORITY :

08-001.01 This chapter establishes the fees for the calibration of radiological instruments by the Radiological Emergency Preparedness Division of the Nebraska Emergency Management Agency. The regulations are authorized by Neb. Stat. Rev. sections 71-3529 to 3536.

08-001.02 Except as otherwise specifically provided, the rules and regulations in this chapter apply to any responsible agency which owns radiological instruments or has agreed to be responsible for the replacement, repair, or calibration of such instruments and desires the instrument or instruments be inspected and repaired or inspected and calibrated by the Radiological Emergency Preparedness Division of the Nebraska Emergency Management Agency.

08-002 DEFINITIONS : For the purposes of 67 NAC 08, the following definitions apply:

Radiological instruments mean, but are not limited to, radiological meters, radiological detectors and probes, radiological dosimeters and radiological kits.

Responsible agency means any state or local governmental entity or private agency which owns radiological instruments or has agreed to be responsible for the replacement, repair, or calibration of such instruments.

08-003 DELIVERY AND RETURN : The responsible agency is responsible for the delivery and receipt of radiological instruments to and from the Radiological Emergency Preparedness Division of the Nebraska Emergency Management Agency.

08-004 PAYMENT OF FEES :

08.004.01 Fees for calibration shall be paid in advance of calibrations performed.

08.004.02 Fees for inspection, replacement of parts, and repair will be paid prior to receipt of the radiological instrument or instruments by the responsible agency, unless the responsible agency is a state or local governmental agency where fees may be paid within 30 days of receipt of the radiological instrument or instruments.

08.004.03 Under no circumstances will radiological instruments be returned to the responsible agency until all fees have been collected, unless otherwise specified in this regulation.

08-005 EXEMPTIONS : Fees for inspection, calibration, or repair shall not apply to a radiological instrument or kit owned by the Radiological Emergency Preparedness Division of the Nebraska Emergency Management Agency, except when a responsible agency has been issued a radiological instrument or kit, and, by agreement, has consented to be responsible for the replacement, repair, and calibration of the instrument or kit.

08-006 FEES FOR THE CALIBRATION OF RADIOLOGICAL INSTRUMENTS :

08-007 FEES FOR REPAIRS :

08-007.01 The fees for repairs will be at the base rate of $16.00 per hour.

08-007.02 The actual cost of parts, including shipping charges, shall also be included in the total cost for repairs.

08-008 FAILURE TO PAY PRESCRIBED FEES :

08-008.01 If a calibrated radiological instrument or kit has not been receipted from the Radiological Emergency Preparedness Division of the Nebraska Emergency Management Agency by the responsible agency sixty (60) days after the completed calibration or repair date, the Radiological Emergency Preparedness Division of the Nebraska Emergency Management Agency shall provide written notification to the responsible agency to take receipt of the instrument or kit within thirty (30) days or inaction will result in the forfeiture of the radiological instrument or kit.

08-008.02 Written notification by the Radiological Emergency Preparedness Division of the Nebraska Emergency Management Agency shall be made a total of three times to the responsible agency with not less than five (5) working days between notifications.

08-008.03 If, after proper notification and ninety (90) days after the completed calibration or repair date, the instrument or kit has not be receipted for by the responsible agency, the instrument or kit shall become the property of the State of Nebraska and shall be available for issue by the Radiological Emergency Preparedness Division of the Nebraska Emergency Management Agency to issue to other responsible agencies who agree to be responsible for the replacement, repair, and calibration of the radiological instrument or kit.

08-008.04 If no responsible agency desires the radiological instrument or kit, it shall be turned in as surplus property.

History

• Effective 2008-03-09