SERC/TIER II

The Emergency Planning and Community Right-to-Know Act (EPCRA) was passed by Congress in 1986. EPCRA was included as Title III of the Superfund Amendments and Reauthorization Act (SARA) and is sometimes referred to as SARA Title III. EPCRA provides for the collection and availability of information regarding the use, storage, production, and release of hazardous chemicals to the public and emergency responders in your community. The law promotes a working relationship among government at all levels, business and community leaders, environmental and other public interest organizations, and individual citizens to improve hazard communications and emergency planning. The EPCRA was passed by Congress in 1986.

The WVSERC shall consist of eleven members, including the Director of the Division of Environmental Protection, the Commissioner of the Bureau of Public Health, the Chief of The Office of Air Quality of The Division of Environmental Protection, the Director of the Office of Emergency Services, the Superintendent of the Division of Public Safety, the Commissioner of The Division Of Highways; one designee of the Public Service Commission and one designee of the State Fire Marshal, all of whom are members ex officio.

A representative from the chemical industry, a representative of a municipal or volunteer fire department and a representative of the public who is knowledgeable in the area of emergency response shall be appointed by the governor as public members of the state emergency response commission. The Director of the Office of Emergency Services serves as the chair of the commission and may cast a vote only in the event of a tie vote. Members serve without compensation but shall be reimbursed for all reasonable and necessary expenses actually incurred in the performance of their duties under this article. The initial public members appointed by the Governor shall serve for a term ending on the first day of July, one thousand nine hundred ninety-one. A successor to a public member of the commission shall be appointed in the same manner as the original public members and has a term of office expiring two years from the date of the expiration of the term for which his or her predecessor was appointed. In cases of any vacancy among the public members, such vacancy shall be filled by appointment by the governor. Any member appointed to fill a vacancy on the commission occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed for the remainder of such term.

Members appointed by the governor may be removed by the Governor in case of incompetency, neglect of duty, gross immorality, or malfeasance in office.

WVSERC appoints members of the Local Emergency Planning Committees (LEPC) of each emergency planning district. In West Virginia, each county has been designated as its own emergency planning district or combined to form a dual LEPC. The LEPC members include representatives from each of the following groups or organizations: elected state and local officials; law enforcement; emergency management; fire fighting; first aid, hospitals and health; local environmental authorities; transportation; broadcast and/or print media; community groups; and owners and operators of subject facilities.

The mission of the WVSERC and the LEPCs is to implement the EPCRA and to mitigate the effects of a release or spill of natural or man-made hazardous materials through developing response plans, including Preparedness, Notification and Warning, and Public Protective Measures. On October 17, 1986, in response to concerns for safety around chemical facilities, Congress enacted the EPCRA, also known as Title III of the SARA. The Act has had a far-reaching influence on issues relating to hazardous materials.

WV SERC Commission Members

Mr. Thomas Kirk, Chair Director, WV Emergency Management Division Thomas.L.Kirk@wv.gov		Mr. Rusty Joins, Vice Chair WV Department of Environmental Protection Rusty.T.Joins@wv.gov
Ms. Lisa Paxton WVSERC Manager WV Emergency Management Division Lisa.A.Paxton@wv.gov		Mr. Jesse Adkins Office of Air Quality WV Division of Environmental Protection Jesse.D.Adkins@wv.gov Sgt. Stewart Harper WV State Police Special Operations/Executive Officer Stewart.T.Harper@wvsp.gov
Ms. Lisa Carpenter WV Public Service Commission lcarpenter@psc.state.wv.us
Mr. Gregory Bailey WV Division of Highways Gregory.L.Bailey@wv.gov		Mr. Ken Tyree State Fire Marshal Kenneth.E.Tyree@wv.gov Mr. Roy McCallister WV Department of Agriculture rmccallister@ag.state.wv.us Representative of Public Knowledgeable in Emergency Response Mr. Rob Miller RMiller3@suddenlinkmail.com Municipal or Volunteer Fire Department Representative
Mr. Walter Ivey WV Emergency Medical Services WV Department of Health and Human Resources Walter.M.Ivey@wv.gov
Mr. Bernard Marshall Braskem America, Inc Bernard.Marshall@braskem.com Chemical Company Representative