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Audit of the Massachusetts Emergency Management Agency

February 27, 2020 · Massachusetts Emergency Management Agency · Read the full official report on mass.gov ↗ · official site ↗

Published February 27, 2020 Audit covers July 1, 2016 – December 31, 2018 Under Suzanne M. Bump · 2011–2023

In plain English
The audit found that MEMA had not fully carried out its chemical emergency planning duties, especially setting up local or regional planning committees everywhere needed and documenting plan reviews.
source
“MEMA did not establish emergency planning committees (EPCs) for all cities and towns with businesses storing hazardous chemicals that are subject to reporting under EPCRA.”
Read the plain-English breakdown
What is this?

This is a state performance audit of the Massachusetts Emergency Management Agency covering July 1, 2016 through December 31, 2018.

“This report details the audit objectives, scope, methodology, findings, and recommendations for the audit period, July 1, 2016 through December 31, 2018.”
Why was it audited?

Auditors checked whether MEMA was meeting its duties under the federal law meant to help communities plan for chemical emergencies and inform the public about chemical risks.

“In this performance audit, we determined whether MEMA met all of its responsibilities under the federal Emergency Planning and Community Right-to-Know Act (EPCRA) (Chapter 116 of Title 42 of the United States Code) and other applicable authoritative guidance.”
Why it matters

If local chemical emergency planning is incomplete, communities may be less ready to respond to hazardous chemical incidents.

“As a result of these issues, there is a higher-than-acceptable risk that local communities may not be adequately prepared to deal effectively with any potential chemical hazards.”
What's in it for me?

For residents, this matters because emergency responders need accurate information about hazardous chemicals nearby so they can respond safely and effectively.

“Tier II reporting also provides government agencies with information about facilities so emergency personnel can respond and make informed decisions.”
The bottom line

MEMA did not have emergency planning committees in all places that needed them and could not prove it reviewed required emergency response plans.

“MEMA could not demonstrate that it received and reviewed each local or regional emergency planning committee’s emergency response plan.”
What happens next

The auditors recommended that MEMA identify where planning committees are needed, establish them, and keep documentation showing that emergency plans were reviewed.

“MEMA should identify where EPCs should be established and should establish them.”
Why it's significant

The report points to a statewide planning gap: hundreds of hazardous-material businesses were in dozens of communities without the required local or regional planning committee coverage.

“During calendar year 2018, at least 442 businesses that had inventories of hazardous materials, as evidenced by the fact that they filed Tier II reports with MEMA, were located in 53 different cities and towns for which MEMA had not established LEPCs or REPCs, as shown below.”
Jargon, unpacked

EPCRA is the federal chemical emergency planning and public information law; SERC is the state body responsible for carrying it out; LEPCs and REPCs are local or regional emergency planning committees.

“The SERC is responsible for implementing EPCRA within the state.”

What the Auditor checked

What the Auditor found

MEMA did not establish emergency planning committees for all communities with reportable hazardous chemical facilities.
public safetyinternal controls

Why it matters: Local communities may not be adequately prepared to respond to potential chemical hazards.

Standard: Chapter 116(11001) of Title 42 of the United States Code and State Emergency Response Commission bylaws. ( Chapter 116(11001) of Title 42 of the United States Code; State Emergency Response Commission bylaws )

1 recommendation
  • MEMA should identify where EPCs should be established and should establish them.agency: agreed
Agency response & Auditor reply
Agency: "MEMA will coordinate with local communities and leverage Tier II reports to identify local jurisdictions that should be part of an Emergency Planning Committee (EPC) and conduct outreach to those jurisdictions."
Auditor: "We also urge MEMA to consider implementing our recommendations on this matter."
MEMA could not demonstrate that it received and reviewed emergency response plans.
recordkeeping/documentationinternal controlspublic safety

Why it matters: MEMA could not substantiate that local or regional emergency plans met EPCRA requirements.

Standard: 42 USC 116(11003) ( 42 USC 116(11003); 42 USC 116(11003)(e) )

1 recommendation
  • MEMA should establish policies and procedures for reviewing emergency response plans and retaining documentation to substantiate this review.agency: agreed
Agency response & Auditor reply
Agency: "Moving forward, MEMA will retain documentation of the plan review process to demonstrate that it is meeting this obligation."
Auditor: "We urge MEMA to fully implement our recommendation of establishing policies and procedures for reviewing emergency response plans and retaining documentation to substantiate this review, to ensure that adequate internal controls over this process exist."

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