Chapter 1 The Hazardous Materials Management System

1. 1 Chapter 1The Hazardous Materials Management System Textbook Page

2. Objectives • Describe The Scope And Target Audience Of This Manual. • List The Key Legislative, Regulatory, And Voluntary Consensus Standards That Impact Hazmat Emergency Planning, And Response Operations. • Describe The Concept Of “Standard Of Care” As Applied To Hazardous Materials Training, Planning And Response.

3. Objectives • Define And Explain The Source Of, And Circumstances For Using, The Following Terms: • Hazardous Materials (Hazmats) • Hazardous Substances • Extremely Hazardous Substances (EHS) • Hazardous Chemicals • Hazardous Wastes • Dangerous Goods • List And Describe The Components Of The Hazardous Materials Management System For Managing The Hazardous Materials Problem Within The Facility Or Community.

4. Introduction • This is a Text about Hazardous Materials Response • It Is Designed To Provide Both Public And Private Sector Emergency Response Personnel (ERP) With A Logical, Building Block System For Managing Hazardous Materials Emergencies. • It Is Designed To Begin At The Point Where ERP Recognize That They Are, In Fact, Dealing With A Hazardous Materials Emergency.

5. Introduction • Our Primary Target Audience Include: • Hazardous Materials Technicians • Hazmat Group Supervisor Or Branch Director • On-scene Incident Commander • Members Of Organized Hazardous Materials Response Teams (HMRTs) • Other Special Operations Teams • Bomb Squads • Confined Space Rescue Teams

6. Introduction • This Third Edition Has Been Expanded To Include Additional Information To Assist The Reader In Meeting The Cognitive Skill Requirements Of: • Occupational Safety And Health Administration (OSHA) 1910.120(q). • National Fire Protection Association (NFPA) 472 Competencies For The Hazardous Materials Technician And The On-scene Incident Commander.

7. What is A Hazardous Material? • There Are Many Various Definitions Of What A Hazardous Materials Is. • Hazardous Materials —Any Substance Or Material In Any Form Or Quantity That Poses An Unreasonable Risk To Safety And Health And Property When Transported In Commerce (Source: U.S. Department Of Transportation [DOT], 49 Code Of Federal Regulations (CFR) 171).

8. Hazardous Materials Definitions • Hazardous Substances — Any Substance Designated Under The Clean Water Act And The Comprehensive Environmental Response, Compensation And Liability Act (CERCLA) As Posing A Threat To Waterways And The Environment When Released (Source: U.S. Environmental Protection Agency [EPA], 40 CFR 302). Note: Hazardous Substances As Used Within OSHA 1910.120 Refers To Every Chemical Regulated By EPA As A Hazardous Substance And By DOT As A Hazardous Material.

9. Hazardous Materials Definitions • Extremely Hazardous Substances (EHS) —chemicals Determined By The EPA To Be Extremely Hazardous To A Community During An Emergency Spill Or Release As A Result Of Their Toxicities And Physical/Chemical Properties (Source: EPA 40 CFR 355). • Hazardous Chemicals — Any Chemical That Would Be A Risk To Employees If Exposed In The Workplace (Source: OSHA, 29 Cfr 1910).

10. Hazardous Materials Definitions • Hazardous Wastes — Discarded Materials Regulated By The EPA Because Of Public Health And Safety Concerns. Regulatory Authority Is Granted Under The Resource Conservation And Recovery Act (RCRA). (Source: EPA, 40 CFR 260–281). • Dangerous Goods — In International Transportation, Hazardous Materials Are Commonly Referred To As “Dangerous Goods.”

11. Ludwig Benner’s Definition • Hazmat Emergency Response Primarily Focuses On The Interaction Of The Hazmat And Its Container. • For The Purposes Of This Text, We Will Use The Definition Of A Hazardous Material Developed By Ludwig Benner, Jr. • Hazardous Materials—any Substance That Jumps Out Of Its Container When Something Goes Wrong And Hurts Or Harms The Things It Touches.

12. Ludwig Benner’s Definition • The Definition Recognizes That Emergency Response Is As Much A Container Behavior Problem As It Is A Chemical Problem. • A Hazardous Materials Incident Can Then Be Defined As The Release, Or Potential Release, Of A Hazardous Material From Its Container Into The Environment.

13. 5 Hazmat Laws, Regulations, And Standards • Operations Involving The Manufacture, Transport, And Use Of Hazardous Materials, And Response, Are Impacted By A Large Body Of Laws, Regulations, And Voluntary Consensus Standards. • Laws Are Primarily Created Through An Act Of Congress, By Individual State Legislatures, Or By Local Government Bodies.

14. Hazmat Laws, Regulations, And Standards • Regulations, Sometimes Called Rules, Are Created By Federal Or State Agencies As A Method Of Providing Guidelines For Complying With A Law That Was Enacted Through Legislative Action. • Voluntary Consensus Standards Are Normally Developed Through Professional Organizations Or Trade Associations As A Method Of Improving The Individual Quality Of A Product Or System.

15. Federal Hazmat Laws • RCRA —The Resource Conservation And Recovery Act (1976) • CERCLA —The Comprehensive Environmental Response Compensation And Liability Act (1980) “Superfund” • SARA — Superfund Amendments And Reauthorization Act Of 1986. • CAA —The Clean Air Act • OPA — Oil Pollution Act Of 1990

16. Hazmat Regulations • Regulations • Define The Broad Performance Required To Meet The Letter Of The Law (I.E., Performance-oriented Standards) • Provide Very Specific And Detailed Guidance On Satisfying The Regulation (I.E., Specification Standards).

17. Federal Regulations • Hazardous Waste Operations And Emergency Response (29 CFR 1910.120) • Community Emergency Planning Regulations(40 CFR 301-303) • Risk Management Programs For Chemical Accidental Release Prevention (40 CFR Part 68) • Hazard Communication (Hazcom) Regulation (29 CFR 1910.1200) • Hazardous Materials Transportation Regulations (49 CFR 100–199) • National Contingency Plan Or NCP (40 CFR 300, Subchapters A Through J)

18. HAZWOPER - (29 CFR 1910.120) • This Regulation Establishes Important Requirements For Both Industry And Public Safety Organizations That Respond To Hazmat Or Hazardous Waste Emergencies. • This Includes Firefighters, Law Enforcement And EMS Personnel, Hazmat Responders, And Industrial Emergency Response Team (ERT) Members. • Requirements Cover The Following Areas: • Hazmat Emergency Response Plan • Emergency Response Procedures • Specific Training Requirements Covering Instructors And Both Initial And Refresher Training • Medical Surveillance Programs • Post Emergency Termination Procedures

19. HAZWOPER - Levels of Response • First Responder - Awareness Level • These Are Individuals Who Are Likely To Witness Or Discover A Hazardous Substance Release And Who Have Been Trained To Initiate An Emergency Response Notification Process. • First Responder – Operation Level • These Are Individuals Who Respond To Releases Or Potential Releases Of Hazardous Substances As Part Of The Initial Response For The Purpose Of Protecting Nearby Persons, Property, Or The Environment From The Effects Of The Release.

20. HAZWOPER - Levels of Response • Hazardous Materials Technician • These Are Individuals Who Respond To Releases Or Potential Releases For The Purposes Of Stopping The Release. • Hazardous Materials Specialists • Hazardous Materials Specialists Shall Have Received At Least 24 Hours Of Training Equal To The Technician Level

21. HAZWOPER - Levels of Response • On-scene Incident Commander • Incident Commanders, Who Will Assume Control Of The Incident Scene Beyond The First Responder–awareness Level, Shall Receive At Least 24 Hours Of Training Equal To The First Responder–operations Level.

22. HAZWOPER - Levels of Response • Skilled Support Personnel • These Are Personnel Who Are Skilled In The Operation Of Certain Equipment, Such As Cranes And Hoisting Equipment, And Who Are Needed Temporarily To Perform Immediate Emergency Support Work That Cannot Reasonably Be Performed In A Timely Fashion By Emergency Response Personnel.

23. HAZWOPER - Levels of Response • Specialist Employees • These Are Employees Who, In The Course Of Their Regular Job Duties, Work With And Are Trained In The Hazards Of Specific Hazardous Substances, And Who Will Be Called Upon To Provide Technical Advice Or Assistance To The Incident Commander At A Hazmat Incident.

24. Community Emergency Planning Regulations 40 CFR 301-303 • Regulation Is The Result Of SARA, Title III And Mandates The Establishment Of Both State And Local Planning Groups To Review Or Develop Hazardous Materials Response Plans. • The State Planning Groups Are Referred To As The State Emergency Response Commission (SERC) • The Coordinating Point For Both Planning And Training Activities At The Local Level Is The Local Emergency Planning Committee (LEPC)

25. Community Emergency Planning Regulations • The LEPC Is Specifically Responsible For Developing And/Or Coordinating The Local Emergency Response System And Capabilities. • Develop, Regularly Test, And Exercise The Hazmat Emergency Operations Plan. • Conduct A Hazards Analysis Of Hazmat Facilities And Transportation Corridors Within The Community. • Receive And Manage Hazmat Facility Reporting Information. • Coordinate The Community Right-to-know Aspects Of Sara, Title Iii.

26. Risk Management Programs For Chemical Accidental Release Prevention 40 CFR Part 68 • Promulgated Under Amendments To The Clean Air Act, This Regulation Requires That Facilities That Manufacture, Process, Use, Store, Or Otherwise Handle Certain Regulated Substances Above Established Threshold Values Develop And Implement Risk Management Programs (RMP).

27. Risk Management Programs For Chemical Accidental Release Prevention • Risk Management Programs Consist Of Three Elements: • Hazard Assessment Of The Facility, Including The Worst-case Accidental Release And An Analysis Of Potential Off-site Consequences. • Prevention Program, Which Addresses Safety Precautions, Maintenance, Monitoring, And Employee Training. EPA Believes That The Prevention Program Should Adopt And Build Upon The OSHA Process Safety Management Standard. • Emergency Response Considerations, Including Facility Emergency Response Plans, Informing Public And Local Agencies, Emergency Medical Care, And Employee Training.

28. MSDS Hazard Communication (Hazcom) Regulation 29 CFR 1910.1200 • HAZCOM Is A Federal Regulation That Requires Hazardous Materials Manufacturers And Handlers To Develop Written Material Safety Data Sheets (MSDS) On Specific Types Of Hazardous Chemicals. • Under The Hazcom Requirements, Hazmat Health Exposure Information Should Be Provided To Emergency Responders During The Termination Phase, And All Exposures Should Be Documented.

29. Hazardous Materials Transportation Regulations 49 CFR 100–199 • This Series Of Regulations Is Issued And Enforced By The U.S. Dot. The Regulations Govern Container Design, Chemical Compatibility, Packaging And Labeling Requirements, Shipping Papers, Transportation Routes And Restrictions, And So Forth.

30. National Contingency Plan Or NCP 40 CFR 300, Subchapters A Through J • This Plan Outlines The Policies And Procedures Of The Federal Agency Members Of The National Oil And Hazardous Materials Response Team (Also Known As The National Response Team, Or The NRT). • The Regulation Provides Guidance For Emergency Responses, Remedial Actions, Enforcement, And Funding Mechanisms For Federal Government Response To Hazmat Incidents.

31. State Regulations • Each Of The 50 States And The U.S. Territories Maintains An Enforcement Agency That Has Responsibility For Hazardous Materials. • The Three Key Players In Each State • The State Fire Marshal • The State Occupational Safety And Health Administration • The State Department Of The Environment (Sometimes Known As Natural Resources Or Environmental Quality). • State Governments May Also Maintain An Environmental Enforcement Agency And Environmental Crimes Unit

32. Voluntary Consensus Standards • Standards Developed Through The Voluntary Consensus Process Play An Important Role In Increasing Both Workplace And Public Safety. • Consensus Standards Are Also Updated More Regularly Than Governmental Regulations And Can Usually Be Developed More Quickly To Meet Issues Of The Day. • In Many Respects, A Voluntary Consensus Standard Provides A Way For Individual Organizations And Corporations To Self-regulate Their Business Or Profession.

33. Voluntary Consensus Standards • Among The Most Important Consensus Standards Used Within The Hazmat Response Are The Following: • NFPA 471— Recommended Practice For Responding To Hazardous Material Incidents. • NFPA 472 — Standard For Professional Competence Of Responders To Hazardous Material Incidents. • NFPA 473 - Standard For Professional Competence Of EMS Personnel Responding To Hazardous Material Incidents

34. Voluntary Consensus Standards • NFPA 472 Provides Competencies For The Following Levels Of Hazmat Responders: • First Responder At The Awareness Level • First Responder At The Operational Level • Hazardous Materials Technician • Incident Commander • Private Sector Specialist Employee • Level C • Level B • Level A • Hazardous Materials Branch Officer. • Hazardous Materials Technician With A Specialty

35. NFPA 473 - Standard For Professional Competence Of EMS Personnel Responding To Hazardous Material Incidents • The Purpose Of NFPA 473 Is To Specify Minimum Requirements Of Competence And To Enhance The Safety And Protection Of Response Personnel And All Components Of The Emergency Medical Services System. • EMS/HM Level I. Persons Who, In The Course Of Their Normal Duties, May Be Called On To Perform Patient Care Activities In The Cold Zone At A Hazmat Incident. • EMS/HM Level II. Persons Who, In The Course Of Their Normal Duties, May Be Called On To Perform Patient Care Activities In The Warm Zone At A Hazmat Incident.

36. NFPA Technical Committee On Hazardous Materials Protective Clothing And Equipment (NFPA 1991, 1992, 1994) • This Technical Committee Is Responsible For The Development Of Standards And Documents Pertaining To The Use Of Personal Protective Clothing And Equipment By Emergency Responders At Hazardous Materials Incidents. • Three Hazmat Protective Clothing Standards Have Been Developed: • NFPA 1991— Standard On Vapor-protective Ensembles For Hazardous Materials Emergencies • NFPA 1992 — Standard On Liquid Splash-protective Ensembles For Hazardous Materials Emergencies • NFPA 1994 — Standard On Protective Ensembles For Chemical / Biological Terrorism Incidents

37. Other Standards Organizations • American National Standards Institute (ANSI) • American Petroleum Institute (API) • American Society For Testing And Materials (ASTM) • The Chlorine Institute • Compressed Gas Association (CGA) • National Fire Protection Association (NFPA) • Safety Equipment Institute (SEI)

38. Standard Of Care • "Standard Of Care" Is A Widely Accepted Practice Or Standard That Is Followed By The Majority Of U.S. Emergency Response Organizations. • It Represents The Minimum Accepted Level Of Hazardous Materials Emergency Service That Should Be Provided Regardless Of Location Or Situation. • Standard Of Care Is Established By Existing Laws And Regulations, As Well As Voluntary Consensus Standards And Recommended Practices. • Standard Of Care Is Also Determined By Local Protocols And Practices or What Has Been Accepted In The Past (I.E., Precedent).

39. Standard Of Care • Standard Of Care Is Also Influenced By Legal Findings And Case Law Precedents Established Through The Judicial System. • Standard Of Care Is A Dynamic Element And Historically Has Improved Over Time. • Emergency Responders Must Recognize: • A Standard Of Care Exists; And • The "High Bar" Is Constantly Moving Upward. • Training And Continuing Education Are Among The Best Ways To Ensure That You Will Be Able To Provide The Mandated Standard Of Care.

40. How Do I Know If I’m Meeting The Standard Of Care? • Here’s A Simple Score Card: • Our Operations Must Be Legal And Within The Requirements Of The Law • Our Actions And Decisions Must Be Consistent With Voluntary Consensus Standards And Recommended Practices • Our Actions And Decisions To Control A Problem Should Have A Technical Foundation • Our Actions And Decisions Must Be Ethical ?

41. 20 The Hazardous Materials Management System • In 1973, Congress Issued America Burning, A Historical Report On The Nation’s Fire Problem. • The Report Significantly Influenced The Way We Manage The Fire Problem Today. • There Are Four Key Elements In A Hazardous Materials Management Systems Approach: • Planning And Preparedness • Prevention • Response • Clean-up And Recovery

42. Planning And Preparedness • Planning Is The First And Most Critical Element Of The System. • Hazards Analysis — Analysis Of The Hazardous Materials Present In The Community, Including Their Location, Quantity, Specific Physical And Chemical Properties, Previous Incident History, Surrounding Exposures And Risk Of Release. • Contingency (Emergency) Planning — A Comprehensive And Coordinated Response To The Hazmat Problem. This Response Builds Upon The Hazards Analysis And Recognizes That No Single Public Or Private Sector Agency Is Capable Of Managing The Hazmat Problem By Itself.

43. Planning And Preparedness • Hazards Analysis • A Hazard Analysis Provides The Following Benefits: • It Lets Emergency Response Personnel (ERP) Know What To Expect. • It Provides Planning For Less Frequent Incidents. • It Creates An Awareness Of New Hazards. • It May Indicate A Need For Preventive Actions, Such As Monitoring Systems, Remote Isolation And Process Modifications. • It Offers An Opportunity To Evaluate Using Reduced Chemical Inventories Or Alternative Chemicals To Lower The Consequences Of An Event. • It Increases The Chance Of Successful Emergency Operations.

44. Planning And Preparedness • There Are Four Components Of A Hazard Analysis Program: • Hazards Identification • Vulnerability Analysis • Risk Analysis • Emergency Response Resources Evaluation

45. Process Safety Management • Hazards Analysis Techniques • Methods Commonly Used By Safety Professionals Within Industry Include The Following: • What If Analysis. • HAZOP Study. • Failure Modes, Effects, And Criticality Analysis (FMECA). • Fault Tree Analysis • Event Tree Analysis

46. Contingency And Emergency Planning • There Are Many Federal, State, And Local Requirements That Apply To Emergency Planning. The One That Most Directly Affects ERP Is Title III Of The Superfund Amendments And Reauthorization Act Of 1986. • SARA Title III Requires The Establishment Of State Emergency Response Commissions (SERC) And Local Emergency Planning Committees (LEPC).

47. Contingency And Emergency Planning • An Overview Of The SARA Title III Emergency Planning Process, Including The Following: • Organizing The Planning Team • Defining And Implementing The Major Tasks Of The Planning Team • Writing The Plan • Revising, Testing, And Maintaining The Plan

48. 25 The Haz Mat Planning Process

49. Prevention • The Responsibility For The Prevention Of Hazmat Releases Is Shared Between The Public And Private Sectors. • Prevention Activities Often Include The Following: • Hazmat Process, Container Design, And Construction Standards • Almost All Hazardous Materials Facilities, Containers, And Processes Are Designed And Constructed To Some Standard. • All Containers Used For The Transportation Of Hazardous Materials Are Designed And Constructed To Both Specification And Performance Regulations Established By U.S. DOT

50. Prevention • Inspection And Enforcement • U.S. DOT Agencies With Hazardous Materials Regulatory Responsibilities: • Office Of Hazardous Materials Safety (HMS) Of The Research And Special Programs Administration (RSPA). • Office Of Hazardous Materials Enforcement (OHME) Of The office Of Hazardous Materials Safety (HMS). • Office Of Pipeline Safety (OPS) Of The Research And Special Programs Administration (RSPA). • Federal Railroad Administration (FRA). • Federal Aviation Administration (FAA). • U.S. Coast Guard (USCG).