CHAPTER 5

HAZARDOUS MATERIALS DISCHARGES, EMERGENCY RESPONSE MANAGEMENT AND COMMUNITY RIGHT-TO-KNOW

 

A.  SELECTED DEFINITIONS

 

CERCLA refers to the Comprehensive Environmental Responsibility, Compensation, and Liability Act, 42 USC 9601.

Commission, as used in EPA’s 40 CFR 355 and 40 CFR 370, refers to the State Emergency Response Commission, or SERC.

Committee, as used in EPA’s 40 CFR 355 and 40 CFR 370, refers to the local emergency planning committee, or LEPC

ERP means an emergency response plan.

Extremely hazardous substances means a substance so designated by US EPA and listed in 40 CFR 355, Appendices A and B.

MSDS means material safety data sheet, as defined by OSHA’s 29 CFR 1910.1200 regulation.

Primary containment means the first level of containment, i.e. the inside portion of that container which comes into immediate contact on its inner surface with the hazardous material being contained.

Recordable Unauthorized Discharge means an unauthorized discharge which meets all of the following criteria:

  • The unauthorized discharge is from a primary containment to a secondary containment or to a rigid above ground surface covering capable of containing the discharge until cleanup of the hazardous material is completed; and

  • The permittee is able to adequately clean up the unauthorized discharge before it escapes from a secondary containment or a rigid above ground surface covering, and it does not require more than four (4) hours for cleanup; and

  • There is no increase in the hazard of fire or explosion, nor is there any production of a flammable or poisonous gas, nor is there any deterioration of the secondary containment or rigid above ground surface covering.

 Reportable Quantity refers to the quantity specified in the Tables of 49 CFR 172.101, Appendix A  for each of the materials listed in one of the Tables.

Secondary containment means the level of containment external to and separate from the primary containment.

TNRCC shall mean the Texas Natural Resources and Conservation Commission.

Threshold Planning Quantity (TPQ) is a quantity set by US EPA for each of the extremely hazardous substances listed in 40 CFR 355, Appendices A and B.   The TPQ means the quantity listed in the column ``threshold planning quantity'', for each such substance.

Unauthorized Discharge means any release or emission of any hazardous material in a manner which is not in accordance with this article, the regulations of the TNRCC or EPA, a national pollutant discharge elimination system permit or the waste discharge requirements established by local sewer pretreatment requirements for publicly owned treatment works.

Wet floor means a floor which is used to routinely collect contain or maintain standing liquids or to transmit standing liquids on a more or less continuous basis.

Work Station means the limited location within the reaching distance of a single worker who is producing a service or product

 

B.  INCIDENT OR SPILL REPORTING -- ORDINANCE REQUIREMENTS  -  33-19

 

Report if the Discharge is at a Long Term or a Temporary Storage Facility  33-19.2 

 

Discharge Categories. 

 

Certain discharges of hazardous materials to the environment are allowed if they are in accordance with the TNRCC or EPA regulations and/or are covered by a current permit.  This Ordinance addresses hazardous materials discharges within the City of Laredo that are not covered by such permitted air emissions, permitted national pollutant discharge elimination system liquid discharges, or the waste discharge requirements established by local sewer pretreatment requirements for publicly owned treatment works.

The Ordinance establishes three levels of hazardous materials discharge at long term storage facilities. 

Negligible.  The first, which might be referred to as a de minimus or negligible discharge, includes those discharges of less than one ounce by weight which can be cleaned up within fifteen (15) minutes and where the discharge is not the result of the deterioration or failure of the primary container.  No action other than cleanup is required by the permittee.  

Recordable, but not Reportable.  The second level is the “recordable unauthorized discharge” (see definition above) where the discharge is from primary containment into a secondary containment from which it can be cleaned up in four hours or less, and where it causes no increase in fire or explosion hazard, and produces no flammable or poisonous gases.  The permittee must contain, recover and safely dispose of the discharged material in an appropriate manner, and must record the response in the permittee's monitoring records.  33‑19.2

Unauthorized.  The third level is the “unauthorized discharge”, which means a release or discharge of a liquid or solid (at STP) that is more than just a recordable unauthorized discharge.  In such a case, any person in charge of a long term storage facility or a temporary storage facility or the person responsible for emergency response at such storage facility must immediately notify the Fire Department of such an unauthorized discharge.  33‑19.1

Gases at STP.   If the unauthorized discharge of a gas (at STP) occurs at a long term storage facility or a temporary storage facility, the person in charge at such storage facility, or responsible for emergency response, must notify the City Fire Department if the discharge presents a threat of imminent danger to public health and safety.

Unauthorized Discharge by Inventory Loss.   Whenever a material balance, or other inventory record employed as a monitoring technique under the HMMP, indicates a loss of hazardous material, and no unauthorized discharge has been confirmed by other means, the person or entity in charge of the storage facility shall have five (5) working days to determine whether or not there has been unauthorized discharge by conducting tests or other reliable studies.

If before the end of the five (5) days it is determined that there has been no unauthorized discharge, an entry explaining the occurrence shall be made in the person or entity's monitoring records.   If there has been a confirmed unauthorized discharge, the person or entity shall report it to the Fire Department.  Where the person or entity is unclear whether there has been an unauthorized discharge, the person or entity shall do additional tests as follows.

Additional Testing:   Whenever any test results suggest a possible unauthorized discharge, and no unauthorized discharge has been confirmed by other means; the person or entity shall have five (5) working days to retest.   If second test results obtained within that period establish that there has been no unauthorized discharge, the results of both tests shall be recorded in person or entity’s monitoring records.   If it has not been established within such period that there has been no unauthorized discharge, an unauthorized discharge is deemed confirmed and permittee shall report it to the Fire Department.

 

Report if the Discharge is at a Short Term Storage Facility.  33-19.3

 

Unauthorized Discharges.  For unauthorized discharges of liquids and solids at STP, the person in charge of a short term storage facility, or the person responsible for emergency response at such storage facility, must immediately notify the Fire Department if the discharge is more than just a recordable unauthorized discharge

Since a short term storage facility is, by Ordinance definition, a storage facility containing hazardous materials that are “incidental to transportation”; any incidents involving the hazardous materials must also be handled under US DOT regulations.  In the event of a hazardous materials incident meeting the criteria set forth in 49 CFR Part 171.15, transporters must immediately report the incident to US DOT, and, within thirty days, file a written detailed incident report as required by 49 CFR Part 171.16.   A copy of the written detailed incident report must also be forwarded to the Laredo Fire Department within thirty (30) days of the incident, and a copy must be maintained and made available for inspection at the facility.

Recordable Unauthorized Discharges.  These discharges must be contained and safely disposed of in an appropriate manner by permittee; and such occurrence and the permittee’s response must be recorded in the permittee's monitoring records.  As with the long term storage facility, a recordable unauthorized discharge is considered negligible and does not have to be recorded in the permittee's monitoring records if the unauthorized discharge is not the result of the deterioration or failure of the primary container, and the quantity discharged is less than one ounce by weight and can be cleaned up within fifteen (15) minutes.

Gases at STP. For releases of gases at STP, the person in charge of a short term storage facility or the person responsible for emergency response at such storage facility shall notify the City Fire Department if such unauthorized discharge presents a threat of imminent danger to public health and safety.

 

What must be Included in the report to the Fire Department?   33-19.4 

 

Whenever a reporting party from a storage facility shall report an unauthorized   discharge to the Fire Department, the party must provide information about the permittee’s ability to contain and dispose of the unauthorized hazardous material discharge, the estimated time it will take to complete containment and disposal; and the degree of hazard that was created.

 

Who is responsible for cleanup of the discharge?   33-19.5

 

Any person or entity responsible for storing hazardous materials shall take the necessary steps to ensure the expedient discovery, containment and cleanup of any unauthorized discharge.  Any person or entity responsible for storing hazardous materials shall institute and complete all actions necessary to remedy the effects of any unauthorized discharge, whether sudden or gradual.

 

Is waste generated during spill clean-up considered hazardous waste? 33-19.6

 

All materials used to contain, absorb or otherwise remediate a release, spill or discharge of hazardous materials shall be considered hazardous waste, until otherwise determined by appropriate testing methods as specified in 40 CFR 261.

 

What Is the City’s Role in Response to Unauthorized Discharge(s)? 33‑19.7

 

The City Fire Department, upon notification that there has been an unauthorized discharge, shall determine whether the hazardous material is being contained or disposed of properly, and shall assess the potential risks to the health and safety of any persons located near the discharge location.

If the Fire Department determines at any time that a person, entity, or permittee is not adequately containing and disposing of such hazardous material, it has the power and authority to undertake and direct an emergency response in order to protect the public health and safety.  The Fire Department shall itself undertake actions to remedy the effects of such unauthorized discharge only if it determines that it is reasonably necessary under the circumstances for it to do so.

After an unauthorized discharge from a storage facility, the Fire Department shall investigate the storage facility for noncompliance of this article.

 

Who is Responsible for Cost of Remediation?  33-19.8

 

The person or entity responsible for an unauthorized discharge, and/or the permittee with the storage facility where the unauthorized discharge occurred, shall be responsible for all costs associated with remedying the effects of such unauthorized discharge.

The person or entity responsible for the unauthorized discharge and/or the permittee with the storage facility where the unauthorized discharge occurred shall be liable to reimburse the City for all costs incurred by the City in remedying the effects of such unauthorized discharge, including the cost of fighting fires to the extent allowed by law.  The responsibility to the City is not conditioned upon evidence of willfulness or negligence of the party storing the hazardous material in causing or allowing such discharge.

Any party who undertakes action to remedy the effects of an unauthorized discharge shall not be barred by this article from seeking to recover appropriate costs and expenditures from other responsible parties except where the hazardous material is considered a hazardous waste according to §33-19.6.

 

Does the City Charge for Responses?  33-19.9

 

The City shall charge for the actual cost incurred by the City in remedying the effects of an unauthorized discharge which may include, but not be limited to, the cost of removal, containment and clean‑up of hazardous material from or on private property, public right-of‑way or City easement, including the cost of fighting fires to the extent allowable by law.

If the City incurs expenses in remedying the effects of an unauthorized discharge, the hazardous materials management permit office shall send an itemized bill to the person or entity responsible for the unauthorized discharge or to the permittee with the storage facility where the unauthorized discharge occurred.

The person or entity or permittee shall pay the charges owed to the City within thirty (30) days of receipt of the statement.  No new or renewed permits, additional approvals or transfers of permits shall be approved until all charges owed to the City are paid in full.

 

Indemnification.  33-19.10

The permittee shall indemnify, hold harmless and defend the City against any claim, cause of action, disability, loss, liability, damage, cost or expense, howsoever arising, which occurs by reason of an unauthorized discharge in connection with permittee's operations under its permit except as arises from City's sole willful act or sole active negligence.

 

Contractor to Notify City. 33-19.11

 

It shall be unlawful for any emergency response hazardous material clean-up contractor to commence clean-up of a hazardous material at a location of an unauthorized discharge without first notifying the Fire Department.

Permittee notifications to the City Fire Department of releases or discharges does not relieve the permittee of any notification requirements that must be made to the TNRCC, EPA and/or the National Response Center.   All reporting parameters and procedures should be incorporated into the permittee’s Emergency Response Plan.

 

C.  INCIDENT OR SPILL REPORTING -- REGULATORY REQUIREMENTS

 

The US DOT and the US EPA each have established regulations requiring the reporting of spills. The US DOT requires the immediate reporting of hazardous materials incidents occurring during transportation, and a detailed written report within 30 days.    The US EPA requires persons in charge of facilities to report a reportable quantity release of a hazardous substance to the U.S. Coast Guard National Response Center; it also requires  the reporting of any release of a reportable quantity of any extremely hazardous substance or CERCLA hazardous substance to the community emergency coordinator for the local emergency planning committee.

 

US DOT’s  49 CFR Part 171 gives general information, regulations, and definitions related to hazardous materials in transportation. 

 

General US DOT Requirements –  49 CFR 171.2

 

49 CFR 171.2 provides that any person who offers or accepts hazardous materials in commerce, or any person who transports a hazardous material in commerce, must be registered per 49 CFR 107.601 (and 107.606; 107.608; 107.612; 107.616; & 107.620.).  The hazardous material must be properly classed, described, packaged, marked, labeled, and in condition for shipment. The section goes further to require that no person may represent, mark, certify, sell, or offer a packaging or container as meeting the requirements governing its use in the transportation in commerce of a hazardous material unless the packaging or container is manufactured, fabricated, marked, maintained, reconditioned, repaired and retested, as appropriate, in accordance with DOT’s 49 CFR Subchapter C – Hazardous Materials Regulations.

 

US DOT’s Immediate Notice Requirements 49 CFR 171.15

 

When to Report: 49 CFR 171.15 requires that each carrier who transports hazardous materials give notice to US DOT at the earliest practicable moment after each incident that occurs during the course of transportation (including loading, unloading and temporary storage) in which as a direct result of hazardous materials a person is killed, or a person receives injuries requiring his or her hospitalization, or the estimated carrier or other property damage exceeds $50,000, or an evacuation of the general public occurs lasting one or more hours, or one or more major transportation arteries or facilities are closed or shut down for one hour or more, or the operational flight pattern or routine of an aircraft is altered; or if fire, breakage, spillage, or suspected radioactive contamination occurs involving shipment of radioactive material; or if fire, breakage, spillage, or suspected contamination occurs involving shipment of infectious substances; or if there has been a release of a marine pollutant in a quantity exceeding 119 gallons for liquids or 882 pounds for solids; or a situation exists of such a nature  that, in the judgment of the carrier, it should be reported to the US DOT even though it does not meet the criteria above.

Where to Report:  Each notice of a hazardous materials incident shall be given to the US DOT by telephone (toll‑free) on 800-424-8802, except for transportation by aircraft.  Notice involving shipments transported by aircraft must be given to the nearest FAA Civil Aviation Security Office by telephone at the earliest practical moment after each incident in place of the notice to the US DOT. Notice involving etiologic agents may be given to the Director, Centers for Disease Control, U.S. Public Health Service, Atlanta, Ga. (800) 232-0124, in place of the notice to the US DOT or (toll call) on 202‑267‑2675. [Note: 49 CFR 173.134 defines an infectious substance as follows: a viable microorganism, or its toxin, that causes or may cause disease in humans or animals; it states that the terms infectious substance and etiologic agent are synonymous.]

What to Report:  Each notice must include the name of the reporter; name and address of carrier represented by reporter; phone number where the reporter can be contacted; date, time, and location of incident; extent of injuries, if any; classification, name, and quantity of hazardous materials involved, if such information is available; and the type of incident and nature of hazardous material involvement and whether a continuing danger to life exists at the scene.  Each carrier making a report under this section shall also make the detailed report required by 49 CFR 171.16.

 

US DOT’s Detailed Incident Reports -- 49 CFR 171.16

 

49 CFR 171.16 requires that the carrier report each incident that occurs during the course of transportation (including loading, unloading, and temporary storage) in which any of the circumstances set forth in § 171.15(a) occurs, or if there has been an unintentional release of a hazardous material from a package, or any quantity of hazardous waste has been discharged during transportation.

What to Report:  The report must be in writing, in duplicate, on DOT Form F 5800.1 (Rev. 6/89), and transmitted to the Department within 30 days of the date of discovery.  If a report pertains to a hazardous waste discharge, a copy of the hazardous waste manifest for the waste must be attached to the report; and an estimate of the quantity of the waste removed from the scene, the name and address of the facility to which it was taken, and the manner of disposition of any removed waste must be entered in Section IX of the report form.

Where to Report:  Each carrier making a report under Sec. 171.16 shall send the report to the Information Systems Manager, Programs Administration, Department of Transportation, Washington, D.C.20590-0001; and for incidents involving transportation by aircraft, a copy of the report shall also be sent to the FAA Civil Aviation Security Office nearest the location of the incident.  A copy of the report shall be retained for a period of two years at the carrier’s principle place of business, or at other laces as authorized and approved in writing by an agency of the Department of Transportation.  Note: A guideline document for assisting in the completion of DOT  Form F 5800.1 (Rev. 6/89) may be obtained from the Office of Hazardous Materials Transportation, Department of Transportation, Washington, D.C.20590-0001.  

 

US EPA’s Emergency Release Notification 40 CFR 355.40

 

When to Report:   Within EPA’s 40 CFR Part 355 (Emergency Planning and Notification), Section 355.40 deals with emergency release notification.  The requirements of this section apply to any facility at which a hazardous chemical is produced, used or stored; and at which there is release of a reportable quantity of any extremely hazardous substance or CERCLA hazardous substance. 

Where to Report:  The owner or operator of a facility subject to 40 CFR 355.40 shall immediately notify the community emergency coordinator for the local emergency planning committee of any area likely to be affected by the release and the State emergency response commission of any State likely to be affected by the release. If there is no local emergency planning committee, notification shall be provided under this section to relevant local emergency response personnel.

What to Report:  The notice required under this section shall include (to the extent known at the time of notice) the chemical name or identity of any substance involved in the release; an indication of whether the substance is an extremely hazardous substance; an estimate of the quantity that was released into the environment; the time and duration of the release; the medium or media into which the release occurred; any known or anticipated acute or chronic health risks associated with the emergency and, where appropriate, advice regarding medical attention necessary for exposed individuals; proper precautions to take as a result of the release, including evacuation (unless such information is readily available to the community emergency coordination pursuant to the emergency plan); and the names and telephone number of the person or persons to be contacted for further information.

Written Follow-up Notice.   As soon as practicable after a release which requires emergency notice (described above), the owner or operator shall provide a written follow‑up emergency notice setting forth and updating the information provided above, and including additional information about actions taken to respond to and contain the release; any known or anticipated health risks associated with the release; and advice regarding medical attention necessary for exposed individuals, where appropriate,

Exceptions.  An owner or operator of a facility from which there is a transportation-related release may meet the requirements of 40 CFR 355.40 by providing the information indicated in the above “What to Report” paragraph to the 911 operator, or in the absence of a 911 emergency telephone number, to the operator. For purposes of this paragraph, a transportation‑related release means a release during transportation, or storage incident to transportation if the stored substance is moving under active shipping papers and has not reached the ultimate consignee.

40 CFR 355, Appendix A  provides an alphabetical listing of EPA’s Extremely Hazardous Substances and Their Threshold Planning Quantities.  40 CFR 355, Appendix B provides a listing of EPA’s Extremely Hazardous Substances and Their Threshold Planning Quantities in CAS # order.

 

National Response Center Reporting -- 40 CFR 302.6.  

 

Within EPA’s 40 CFR Part 302 (Designation, Reportable Quantities, And Notification),  40 CFR 302.6 requires persons in charge of facilities (including transport vehicles, vessels and aircraft) to report any release of a hazardous substance in a quantity equal to or greater than its reportable quantity, as soon as that person has knowledge of the release, to the U.S. Coast Guard National Response Center at (toll free) 800-424-8802 or (toll) 202-267-2675.

 

D.  EMERGENCY RESPONSE PLANNING – ORDINANCE REQUIREMENTS

 

Long Term Storage Facilities

 

In accordance with 33-18.16A.11, all long term storage facilities which may contain hazardous materials or a mixture containing a hazardous material must establish and implement a current written emergency response plan if the quantity of hazardous materials is greater than that allowed in long term minimal storage facilities.  The written emergency response plan must be filed with the permit application, and maintained at the long term storage facility for inspection. 

The ERP must demonstrate safe emergency response to a release or threatened release of a hazardous material.  The ERP shall include the plans and procedures the long term storage facility intends to take in the event of a reportable release or threatened release of a  hazardous material.  It must contain a description of the procedures for the mitigation of a release or threatened release to minimize any potential harm or damage to persons, property, or the environment; and it must contain a description of evacuation plans and procedures for persons at the long term storage facility.

 

Short Term Storage Facilities

 

In accordance with 33‑18.16B.5, all short term storage facilities must establish and implement a current written emergency response plan which must be filed with the permit application and be available at the short term storage facility for inspection.  The ERP must explain how the short term storage facility will conform to US DOT’s emergency response plan requirements in 49 CFR 172 Subpart G (described below),  and with 49 CFR Part 177 (Carriage by Public Highway).  It must contain a description of the emergency response plans and procedures the short term storage facility intends to take in the event of a reportable release or threatened release of a hazardous material; and a description of the procedures for the mitigation of a release or threatened release to minimize any potential harm or damage to persons, property, or the environment.  It must also contain a description of evacuation plans and procedures for person at the short term storage facility.

 

Long Term Minimal Storage Facilities

 

In accordance with 33-18.16A.11, an emergency response plan is not required.

 

Emergency Equipment   33×18.16A.7

 

The Ordinance requires 33×18.16A.7 that a long term storage facility have emergency equipment which is reasonable and appropriate for potential emergencies presented by the stored hazardous materials on the premises. Such equipment shall be easily accessible, be tested regularly,  and be adequately maintained. 

The location of emergency equipment is to be shown on the general site plan and the building floor plan(s) within the HMMP for long term storage facilities

In addition, a description of the emergency equipment, availability, testing, and maintenance shall be submitted with the HMMP for tong term storage facilities.

 

Posting of Emergency Procedures.  33-18.16A.8  &  33-18.16B.7    

 

All long term storage facilities shall have a current copy of the permittee's HMMP, HMIS, and ERP in a large, rural, metal, U.S. Postmaster approved mail box which is clearly labeled in a marked area accessible to the Fire Department.  Additionally simple emergency procedures shall be posted conspicuously in locations within the storage facility where hazardous materials are stored.

All short term storage facilities shall have a current copy of the permittee's HMIS and ERP in a large metal US Postmaster approved mail box which is clearly labeled in a marked area accessible to the Fire Department.

 

E.  EMERGENCY RESPONSE PLANNING – REGULATORY REQUIREMENTS

 

US DOT’s ER Requirements:  49 CFR 172, Subpart G (172.600-172.606)

 

Applicability and General Requirements: Sec. 172.600   

 

This subpart prescribes requirements for providing and maintaining emergency response information during transportation and at facilities where hazardous materials are loaded for transportation, stored incidental to transportation or otherwise handled during any phase of transportation.  These rules apply to persons who offer for transportation, accept for transportation, transfer or otherwise handle hazardous materials during transportation.

No person covered by this rule may offer for transportation, accept for transportation, transfer, store or otherwise handle during transportation a hazardous material unless required emergency response information is immediately available for use at all times the hazardous material is present; and the required emergency response information is immediately available to any person who, as a representative of a Federal, State or local government agency, responds to an incident involving a hazardous material.  These requirements do not apply to hazardous material which is excepted from the shipping paper requirements or a material properly classified as an ORM-D.

 

Emergency Response Information:  Sec. 172.602

 

For purposes of this rule, the term “emergency response information'' means information that can be used in the mitigation of an incident involving hazardous materials.  At a minimum, it must contain the basic description and technical name of the hazardous material; any immediate hazards to health or risks of fire or explosion; the immediate precautions to be taken in the event of an accident or incident; the immediate methods for handling fires; the initial methods for handling spills or leaks in the absence of fire; and preliminary first aid measures.

The required emergency response information for a hazardous material must be

printed legibly in English; available for use away from the package containing the hazardous material; and presented on a shipping paper; in a document, other than a shipping paper, that includes both the basic description and technical name of the hazardous material, and the emergency response information (e.g., a material safety data sheet).

Each carrier who transports a hazardous material shall maintain the emergency response information in the same manner as prescribed for shipping papers (or dangerous cargo manifest).  Each operator of a facility where a hazardous material is received, stored or handled during transportation, shall maintain the emergency response information whenever the hazardous material is present. This information must be in a location that is immediately accessible to facility personnel in the event of an incident involving the hazardous material.

 

Emergency Response Telephone Number:  Sec. 172.604

 

A person who offers a hazardous material for transportation must provide a 24-hour emergency response telephone number (including the area code or international access code) for use in the event of an emergency involving the hazardous material. The telephone number must be monitored at all times the hazardous material is in transportation, including storage incidental to transportation;

The telephone number must be the number of a person who is either knowledgeable of the hazardous material being shipped and has comprehensive emergency response and incident mitigation information for that material, or has immediate access to a person who possesses such knowledge and information; and the number must be entered on a shipping paper in a clearly visible location.

The telephone number must be the number of the person offering the hazardous material for transportation, or the number of an agency or organization capable of, and accepting responsibility for, providing the detailed information concerning the hazardous material.

The above requirements do not apply to hazardous materials that are offered for transportation under the provisions applicable to limited quantities or to materials properly described under certain shipping names.

 

Carrier Information Contact:  Sec. 172.606

 

Each carrier who transports or accepts for transportation a hazardous material for which a shipping paper is required must instruct the operator of a motor vehicle, train, aircraft, or vessel to contact the carrier (e.g., by telephone or mobile radio) in the event of an incident involving the hazardous material.

For transportation by highway, if a transport vehicle contains hazardous material for which a shipping paper is required, and the vehicle is separated from its motive power and parked at a location other than a facility operated by the consignor or consignee or a facility, the carrier shall mark the transport vehicle with the telephone number of the motor carrier on the front exterior near the brake hose and electrical connections or on a label, tag, or sign attached to the vehicle at the brake hose or electrical connection; or have the shipping paper and emergency response information readily available on the transport vehicle.

 

49 CFR Part 177  gives the regulations governing Carriage by Public Highway.  All sections are important to carriers.  Sections of special interest with regard to emergency response and training of “hazmat employees” are 177.800 -- Purpose and Scope and Responsibility for Compliance and Training; 177.801 -- Unacceptable Hazardous Materials Shipments; 177.802 – Inspection; 177.804 – Compliance with Federal Motor Carrier Safety Regulations – 177.810 --Vehicular Tunnels; 177.816 – Driver Training; 177.817 – Shipping papers; 177.823 – Movement of Motor Vehicles in Emergency Situations; 177.834 – General Requirements; and 177.848 – Segregation of Hazardous Materials.

 

EPA’s Requirement For ER

 

Emergency Planning and Notification:  40 CFR Part 355

 

40 CFR Part 355 establishes EPA’s list of extremely hazardous substances, threshold planning quantities, and facility notification responsibilities necessary for the development and implementation of State and local emergency response plans.

 

Emergency Planning:  40 CFR 355.30

 

Applicability. The requirements 40 CFR 355.30 apply to any facility at which there is present an amount of any extremely hazardous substance equal to or in excess of its threshold planning quantity.   For purposes of this section, an amount of any extremely hazardous substance means the total amount of an extremely hazardous substance present at any one time at a facility (at concentrations greater than one percent by weight) regardless of location, number of containers, or method of storage.

Emergency Planning Notification. The owner or operator of a facility subject to 40 CFR 355.30 shall provide notification to the Commission (SERC) that it is a facility subject to the emergency planning requirements of this part.   Such notification shall be provided within sixty days after a facility first becomes subject to the requirements of this section.

Facility Emergency Coordinator. The owner or operator of a facility subject to 40 CFR 355.30 shall designate a facility representative who will participate in the local emergency planning process as a facility emergency response coordinator.  The owner or operator shall notify the local emergency planning committee (or the Governor if there is no committee) of the facility representative on or before 30 days after establishment of a local emergency planning committee.

 

OSHA Requirements for Emergency Response Planning

 

The Laredo Hazardous Materials Ordinance makes a number of general and specific references to OSHA regulations, paraphrasing them or incorporating many of them into the Ordinance by reference.  The Ordinance sections on emergency response planning and training for storage facilities require evacuation plans and procedures, audible alarms and warnings, and training in OSHA required workplace safety programs.

The following OSHA regulations are not only required; they provide some excellent guidance and models for employers preparing or upgrading facility emergency plans:

29 CFR 1910.38 – Employee Emergency Plans and Fire Prevention Plans;

29 CFR 1910.151 – Medical Services and First Aid;

29 CFR 1910.165 – Employee Alarm Systems;

29 CFR 1910.132-139 – Personal Protective Equipment; and

29 CFR 1910.120 -- Hazardous Waste Operations and Emergency Response.

 

Emergency Action Plans:  Sec. 1910.38

 

Minimum Requirements:  Sec. 1910.38 applies to OSHA required emergency action plans. It requires emergency action plan to be in writing and covers actions employers and employees must take to ensure employee safety from fire and other emergencies.  The elements that, at a minimum, shall be included in the plan are emergency escape procedures and routes; critical facility shutdown procedures; employee checkoff procedures; any employee rescue and medical duties; procedures for reporting fires and other emergencies; and persons or departments who can be contacted for further information.

Employee Alarm:  Sec. 1910.38 also requires the employer to establish an employee alarm system which complies with Sec. 1910.165.  It requires the employer to establish in the emergency action plan the types of evacuation to be used in emergency circumstances; and requires the employer to designate and train a sufficient number of persons to assist in the safe and orderly emergency evacuation of employees.

Guidelines for Emergency Action Plan:  Sec. 1910.38 also provides minimum standards for OSHA required fire prevention plans; and, in the appendix, provides a non-mandatory guideline to assist employers in preparing an action plan to more effectively achieve employee safety and health in an emergency. 

Medical Services and First Aid:  Sec. 1910.151 describes the employer responsibilities relating to medical services and first aid.  The employer must ensure the ready availability of medical personnel for advice and consultation on matters of plant health.  In the absence of an infirmary, clinic, or hospital in near proximity to the workplace which is used for the treatment of all injured employees, a person or persons shall be adequately trained to render first aid. Adequate first aid supplies shall be readily available.

Where the eyes or body of any person may be exposed to injurious corrosive materials, suitable facilities for quick drenching or flushing of the eyes and body shall be provided within the work area for immediate emergency use.  Appendix A provides non-mandatory example of the minimal contents of a generic first aid kit standard should be adequate for small work-sites.

Employee Alarm Systems:  Sec. 1910.165  applies to all emergency employee alarms installed to meet a particular OSHA standard. Such an employee alarm system must provide warning for necessary emergency action as called for in the emergency action plan, or for reaction time for safe escape of employees from the workplace.  The employer must assure that all devices, components, combinations of devices or systems that are constructed and installed to comply with this standard are approved, and that they are restored to normal operating condition as promptly as possible after each test or alarm.  The employer shall assure that all employee alarm systems are maintained in operating condition except when undergoing repairs or maintenance.  Several appendices to 1910.165, excepting appendix E, serve as non-mandatory guidelines to assist employers in  with compliance. 

 

Personal Protective Equipment 29 CFR 1910, Subpart I (SEC. 132-139)

 

Employer Requirements.  Employers must formally assess personal protective equipment (PPE) needs for both routine work and emergency response tasks.  During the mid-1990s,OSHA devoted a sizeable effort into modernizing and strengthening the regulatory requirements for personal protective equipment.  One of the major changes to Sec. 1910.132 (General Requirements) was that employers must assess the workplace to determine if there are hazards present which require the use of personal protective equipment. (Note: Non‑mandatory Appendix B contains an example of procedures that would comply with the requirement for a hazard assessment.)

If such hazards are present, or likely to be present, the employer must select, the types of PPE that will protect the affected employee from the hazards identified in the hazard assessment.  The employer must verify that the required workplace hazard assessment has been performed through a written certification that identifies the workplace evaluated; the person certifying that the evaluation has been performed; the date(s) of the hazard assessment; and, which identifies the document as a certification of hazard assessment.

The employer must provide training to each employee, and have each affected employee use PPE appropriate to the task.   The training must include knowing when PPE is necessary; what PPE is necessary; how to properly don, doff, adjust, and wear PPE; the limitations of the PPE; and, the proper care, maintenance, useful life and disposal of the PPE.  Each affected employee must demonstrate an understanding of the training specified, and the ability to use PPE properly, before being allowed to perform work requiring the use of PPE.  The employer must verify that each affected employee has received and understood the required training through a written certification that contains the name of each employee trained, the date(s) of training, and that identifies the subject of the certification.

Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, must be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary.  Sections 1910.133 - 1910.139 provide the OSHA requirements for eye, face, head, foot, hand, and respiratory protection, and for electrical protective equipment.

 

Hazardous Waste Operations and Emergency Response -- 1910.120

 

This OSHA regulation is of special importance at sites where there is the possibility of a release of hazardous materials.   In the event of a release or substantial threat of a release of a hazardous substances the employer (or owner or operator) must comply with 29 CFR 1910.120(q) if the employer’s procedures call for an employee team to engage in emergency response to the hazardous materials release.

The employer must also develop and implement an emergency response plan to handle anticipated emergencies prior to the commencement of emergency response operations. The plan shall be in writing and available for inspection and copying by employees, their representatives and OSHA personnel.  

Employers who will evacuate their employees from the danger area when an emergency occurs, and who do not permit any of their employees to assist in handling the emergency, are exempt from the requirements of this paragraph if they provide an emergency action plan in accordance with 29 CFR 1910.38(a).

Employee training for those employees who will respond are covered in the following CHAPTER 6 –  EMPLOYEE R-T-K, EMPLOYEE TRAINING,  AND TRAINING RECORDS .

 

F.  COMMUNITY RIGHT-TO-KNOW   --  EPA/TNRCC REQUIREMENTS

 

During the 1970s and 1980s there were several instances of industrial releases of hazardous and/or toxic materials around the world.  Some caused deaths and serious injury to large numbers of people.  In response the US enacted laws that require industries to make local communities and populations aware of the types and amounts of hazardous and/or toxic materials present in their industrial operations.  The result is EPA’s 40 CFR 370 – Hazardous Chemical Reporting: Community Right-To-Know.

Similarly, The State of Texas incorporated similar laws into its Health and Safety Code.  These laws extend the hazardous materials reporting requirement to a number of entities not covered by the Federal laws and regulations.  The Chapters dealing with Community Right-To-Know in the Texas Health and Safety Code are Chapter 505 –

Manufacturing Facility Community Right-To-Know Act; Chapter 506 – Public Employer Community Right-To-Know Act; and Chapter 507 – Nonmanufacturing Facilities Community Right-To-Know Act.  Chapter 507 is included in the Appendix for the convenience of the user of this Manual.  The other Chapters can accessed at http://capitol.tlc.state.tx.us/statutes/hstoc.html via the internet. 

 

EPA 40 CFR Part 370 Hazardous Chemical Reporting: Community Right-To-Know

 

Subpart A - General Provisions

 

Purpose.370.1 

 

The regulations in this part establish reporting requirements which provide the public with important information on the hazardous chemicals in their communities.   The purpose is to enhance community awareness of chemical hazards and to facilitate development of State and local emergency response plans.

 

 Applicability. 370.20

 

General. The requirements of this subpart apply to any facility that is required to prepare or have available a material safety data sheet (MSDS) for a hazardous chemical under the Occupational Safety and Health Act of 1970 and regulations promulgated under that Act.

Minimum Threshold Levels.  The owner or operator of a facility subject to 370.20 shall submit an MSDS or within three months after the facility first becomes subject to 370.20, for all hazardous chemicals present at the facility at any one time in amounts equal to or greater than 10,000 pounds and for all extremely hazardous substances present at the facility in an amount greater than or equal to 500 pounds or the threshold planning quantity (TPQ), whichever is lower.

The owner or operator of a facility subject to 370.20 shall submit the Tier I form (or Tier II form) on or before March 1 of the first year after the facility first becomes a subject to this subpart, and annually thereafter, covering all hazardous chemicals present at a facility at any one time during the preceding calendar year in amounts equal to or greater than 10,000 pounds and extremely hazardous substances present at the facility in an amount greater than or equal to 500 pounds or the TPQ, whichever is lower.

If there is a request for submission of an MSDS or a Tier II form under Secs. 370.21(d) and 370.25(c) of this part, the minimum threshold for reporting shall be zero.

 

MSDS reporting.  370.21

 

The owner or operator of a facility subject to this subpart shall submit an MSDS for each hazardous chemical present at the facility according to the minimum threshold schedule provided in 370.20 to the committee, the commission, and the fire department with jurisdiction over the facility.

 

Inventory reporting.  370.25 

Basic Requirement. The owner or operator of a facility subject to this subpart shall submit an inventory form to the commission, the committee, and the fire department with jurisdiction over the facility. The inventory form containing Tier I information on hazardous chemicals present at the facility during the preceding calendar year above the threshold levels established in Sec. 370.20 shall be submitted on or before March 1 of each year.

Alternative Reporting. With respect to any specific hazardous chemical at the facility, the owner or operator may submit a Tier II form in lieu of the Tier I information.

Submission of Tier II Information. The owner or operator of a facility subject to Sec. 370.25 shall submit the Tier II form to the commission, committee, or the fire department having jurisdiction over the facility upon request of such persons. The Tier II form shall be submitted within 30 days of the receipt of each request.

Fire Department Inspection. The owner or operator of a facility that has submitted an inventory form under this section shall allow on‑site inspection by the fire department having jurisdiction over the facility upon request of the department, and shall provide to the department specific location information on hazardous chemicals at the facility.