Hazardous Materials Incidentsby Chris Hawley

CHAPTER 1: Laws Regulations and Standards

Chapter 1 Overview

• Introduction

• Laws, regulations, and standards

• OSHA HAZWOPER response regulation

• Standards

• Additional laws, regulations, and standards

• Summary

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

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.

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

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.

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

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

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

Local Emergency Response Plans

• LEPC plan requires: – Emergency contacts– Emergency procedures– Target facilities (EHS) – Evacuation and in-place sheltering

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

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

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

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.

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.

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

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.

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.”

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.

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

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

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

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

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.

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.

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.

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

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.

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

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

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

NFPA Hazardous Materials Standards

• NFPA 473– Competencies for EMS personnel

Responding to Hazardous Materials Incidents– Adds some additional competencies above

NFPA 472 with regards to EMS issues. – Provides an EMS level I and Level II training

level

Standard of Care

• Comprised of – Laws, regulations, and standards– Local protocols– Experience

• Violations based on– Liability– Negligence – Gross negligence

Other Laws and Regulations

• Hazard Communication

• Superfund Act

• Clean Air Act

• Respiratory Protection

• Process Safety Management

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”

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

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

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

Additional NFPA Standards

• NFPA 1500 – safety performance

• NFPA 1991, 1992 and 1994 – Chemical Protective Clothing

Summary

• Hazardous materials introduction

• Laws, regulations, and standards

• OSHA HAZWOPER Regulation

• Standards

• Additional laws, regulations, and standards