Hazardous Materials Incidents by Chris Hawley

1. Hazardous Materials Incidentsby Chris Hawley CHAPTER 1: Laws Regulations and Standards

2. Chapter 1 Overview • Introduction • Laws, regulations, and standards • OSHA HAZWOPER response regulation • Standards • Additional laws, regulations, and standards • Summary

3. Best Definition “A hazardous material is any substance that jumps out of its container when something goes wrong and hurts and harms the things it touches.” • Ludwig Benner Jr., National Transportation Safety Board

4. Hazardous Materials Definitions • DOT - hazardous material • Any substance or material in any form or quantity that poses an unreasonable risk to the safety and health and to property when transported in commerce. • EPA - hazardous material • If a chemical were released into the environment that could be potentially harmful to the public’s health or welfare. • OSHA - hazardous chemical • Are those chemicals that would be a risk to employees if exposed in the workplace.

5. Laws, Regulations, and Standards • Laws • Legislation passed by Congress • Signed by the president • Regulations • Developed by government agencies, under the direction of a law • Standards • Developed by a non-governmental consensus committee

6. Standards Vs. Regulation • Laws and regulations are legally binding. • Many standards are being applied with the weight of law, typically by OSHA. • Varies state to state • General duty clause • The clause allows OSHA to cite an employer for violating a standard. • The employer has a duty to provide a safe workplace.

7. Emergency Planning • Superfund Amendments and Reauthorization Act (SARA) • Passed in 1986 for the protection of emergency responders and the community • Intended to inform emergency responders as well as the community of chemical hazards • Passed after the 1984 Bhopal incident

8. Emergency Planning and Community Right to Know Act (EPCRA) • Requires planning for chemical emergencies • By state and local government • Provides chemical storage information to emergency responders

9. Planning Groups • State Emergency Response Committee (SERC) • Responsible for ensuring the state has resources necessary to respond safely and effectively to chemical releases • Local Emergency Planning Committees (LEPC) • Comprised of representatives of the community, emergency responders, industry, hospitals, media, and other government agencies • Most set up on a county basis, although larger communities may have their own

10. Local Emergency Response Plans • LEPC plan requires: • Emergency contacts • Emergency procedures • Target facilities (EHS) • Evacuation and in-place sheltering

11. LEPC Responsibilities • Receives chemical storage information • Ensures local resources are adequate • Becomes focal point for community awareness • Ensures local responder training • Evaluates annual emergency plan

12. Incident Levels • Many LEPCs have established incident levels. • Allows for quick notification • Provides for a system of community awareness • Usually a tiered Level I, II, and III system

13. Level I • Small-scale incident • Handled by the first responders • Notifications usually local • Minimum level of PPE • Minimal environmental impact • For example, natural gas, propane leaks, and small fuel spills

14. Level II • Level usually requires HAZMAT Team. • Level requires local or state notifications. • Amount of material may be larger, or is more hazardous. • Chemical protective clothing may be required. • May require a small evacuation or isolation area. • Examples are overturned gasoline tanker, leaking propane tanker, or a leaking drum in the back of a tractor trailer.

15. Level III • Level requires substantial local resources. • Level requires assistance of other agencies. • May require evacuation of effected area and a substantial isolation area. • Release is large or the material is extremely toxic. • Examples include a train derailment or a substantial leak from an ammonia tank truck.

16. Chemical Inventory Reporting • Usually referred to as SARA Title III • Refers to chemical reporting on a Tier II report • Requires some facilities to report chemical information to • State • LEPC • Local fire department

17. Inventory Reporting • Most facilities meet the reporting threshold of storing more than 10,000 pounds of a chemical. • Retail gas stations are exempt from reporting gasoline or diesel fuel as long as the amount stored is less than 75,000 and 100,000 gallons, respectively.

18. Extremely Hazardous Facilities • EHSs have separate reporting requirements. • They have lower reporting thresholds. • Some require reporting at 100 pounds. • EHS materials may present an extreme threat to the community. • EHS chemicals found on the EPA’s “List of Lists.”

19. Reporting Requirements • Tier I or Tier II Chemical Inventory Report • Chemical name • Storage amount and location • Emergency contact information • Required to submit a list of MSDSs chemicals • May require site plan • EHS facilities are required to submit their emergency plan.

20. OSHA HAZWOPER Regulation • Hazardous Waste Operations and Emergency Response (HAZWOPER) • Covers employer’s responsibilities at hazardous work sites • Became final on March 6, 1989 • Also known as 29 CFR 1910.120

21. HAZWOPER • The origination of the two-in/ two-out rule • Further enhanced by respiratory protection rules (29 CFR 1910.134) • Fires beyond the incipient stage are Immediately Dangerous to Life or Health (IDLH) atmospheres. • Requires two-in/two-out

22. Paragraph q • Covers emergency response • Established five levels of training • Requires annual refresher training • Requires incident management • Requires incident commander at chemical releases • Safety officer at larger releases

23. OSHA & NFPA Training Levels • Hazardous materials awareness • Hazardous materials operations • Hazardous materials technician • Hazardous materials specialist • Not in NFPA training levels • Hazardous materials incident commander

24. Awareness • Has potential to come across a possible chemical release • Identifies the potential for a chemical release • Calls for assistance and stands by isolating the area and denying entry to other persons. • Persons trained to the awareness level cannot take any action beyond this. • Intended for police officers, public works employees, and other government employees.

25. Operations • Can act in defensive fashion to chemical spills • Acting defensively means that you do not enter a hazardous area • Set up dikes, dams and other containment measures. • Training at the operations level allows you to assist technicians • Training can be expanded to include specialized activities • Decontamination • This level is intended for the fire and EMS service.

26. Technician • Can conduct offensive activities in the hazard area. • Leaks can be stopped and mitigation of the incident can be completed. • HAZMAT technicians are expected to mitigate or stop the incident from progressing.

27. Specialist • Someone who specializes in a specific chemical or area of expertise • The training concentrates on chemistry and the identification of unknown material. • In some instances it is someone that operates at an incident and supervises the technicians

28. Incident Commander • Has operations training and incident command training • This person is the one who will be in charge of the incident. • Incident commander does not mean that they have the highest level of chemical response training • Also known as they senior response official • Rely on the expertise of the other responder such as the HAZMAT team, facility officials, or other technical specialists to make strategic and tactical decisions.

29. Medical Monitoring • Physicals are required every 1-2 years for persons who meet the criteria and job responsibilities. • Physicals required • Someone exposed to a chemical above the permissible exposure limit • Someone wearing a respirator or are covered by the OSHA respiratory regulation (29 CFR 1910.134) • Injured due to a chemical exposure • If you are a member of a HAZMAT team

30. Standards • The one group that establishes standards that effect the fire service the most is the NFPA. • OSHA may use standards under the general duty clause of OSHA regulations • The NFPA establishes a variety of committees that will develop standards

31. NFPA Hazardous Materials Standards • NFPA 471 • Recommended Practice for Responding to Hazardous Materials Incidents • Provides detailed methods and operational procedures • NFPA 472 • Professional Competence of Responders to Hazardous Materials Incidents • Training levels

32. NFPA Hazardous Materials Standards • NFPA 473 • Competencies for EMS personnel Responding to Hazardous Materials Incidents • Adds some additionalcompetencies above NFPA 472 with regards to EMS issues. • Provides an EMS level I and Level II training level

33. Standard of Care • Comprised of • Laws, regulations, and standards • Local protocols • Experience • Violations based on • Liability • Negligence • Gross negligence

34. Other Laws and Regulations • Hazard Communication • Superfund Act • Clean Air Act • Respiratory Protection • Process Safety Management

35. Hazard Communication • Known as HazCom or Hazard Communication Standard (HCS) • 29 CFR 1910.1200 • Requires that employers make available Material Safety Data Sheets (MSDS) • For all chemicals at quantities above “household quantities”

36. Superfund • Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) • Referred to as the SUPERFUND law • Established for the cleanup of toxic waste sites the country • Set the groundwork for the regulating response to chemical emergencies • When responding to a SUPERFUND site, there are some additional concerns and requirements that must be followed

37. Clean Air Act Amendments (CAAA) • Passed in 1990 • It requires that facilities that meet thresholds of reporting file additional planning documents and that the LEPC and the local fire service be involved in training and exercises. • In June 1999 there are requirements for the facilities to submit emergency plans, many of which must be coordinated with the local fire department

38. Respiratory Protection • Known as 29 CFR 1910.134 • Impacts the fire service • Includes the two-in-two out rule • Fit test is required • Approval of a Licensed Health Care Providers (LHCP) to wear respiratory protection • Record keeping includes • Listing of personnel training • Daily equipment checks • Periodic maintenance and routine service • Review of the respiratory protection program

39. Additional NFPA Standards • NFPA 1500 – safety performance • NFPA 1991, 1992 and 1994 – Chemical Protective Clothing

40. Summary • Hazardous materials introduction • Laws, regulations, and standards • OSHA HAZWOPER Regulation • Standards • Additional laws, regulations, and standards