1. Hazardous Materials Incidents by 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
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

21. HAZWOPER The origination of the two-in/ two-out rule
Further enhanced by respiratory protection rules (29 CFR )
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 )
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
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
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

33. Standard of Care Comprised of Violations based on
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
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
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