This week EPA issued two letters explaining the changes to the local coordination requirements and they will advance local preparedness and assist local response officials, as well as the Local Coordination requirements that are included in the final rule. Here’s what EPA said:
How are changes to local coordination requirements advancing local preparedness and assisting local response officials?
The emergency response coordination requirements in the final rule improve the information available to emergency planners and responders, making it more relevant and accessible, to help ensure responders understand the risks at the facility so they can better prepare for a safe and timely response.
The final rule includes revised language to avoid the implication that ‘local coordination’ means that the facility and LEPCs are assessing capabilities. EPA removed this provision because numerous commenters expressed concern that there is no accepted standard for community emergency response capability applicable nationwide, and that response resources and capabilities can only be evaluated in the context of the overall community’s response plan.
The owner or operator of a facility must coordinate response needs with local emergency planning and response organizations to determine how the facility is addressed in the community-wide emergency response plan and to ensure that local response organizations are fully aware of the regulated substances at the facility; their quantities; the risks presented by covered processes; and the resources and capabilities at the facility to respond to an accidental release of those substance. Coordination will also clarify the roles and responsibilities of local, state and federal responders and facility personnel in the case of an accidental release.
The final rule requires qualifying facilities to perform notification exercises and to perform tabletop and field exercises. Such exercises are widely acknowledged as a ‘best practice’ among public and private emergency response professionals. Exercises can increase emergency response readiness, both for facility owners or operators and local responders, by testing emergency plans and communications systems, and by ensuring local and facility response personnel know what actions to take during various accident scenarios.
The final rule includes additional language as part of the coordination with local emergency response officials, specifying that the owner or operator MUST CONSULT WITH local officials to establish an appropriate frequency for field and tabletop exercises, with a minimum timeframe of
- one (1) notification exercise PER YEAR,
- one (1) tabletop exercise every THREE (3) years, and
- at least ONE (1) field exercise every TEN (10) years
The changes to the rule can help advance local preparedness and assist local response officials by improving the ability of planners and responders to make appropriate decisions concerning equipment, training, and procedures, and improve local contingency planning which may result in more efficient allocation of community public response resources and training.
Public comments generally supported EPA’s proposal for annual notification exercises, and therefore EPA is finalizing these provisions as proposed. Many commenters also supported incorporating requirements for field and tabletop exercises into the RMP rule, but some of these commenters also recommended various changes to the proposed provisions. The greatest number of comments related to the required frequency for exercises. These commenters stated that requiring field exercises every five years and tabletop exercises every year would be overly burdensome on facilities and local responders. In response to these comments, the final rule allows owners and operators to work with local authorities to establish field and tabletop exercise schedules that work for both parties. EPA decided to leave the timing and level of complexity of these exercises to the discretion of the facilities and first responders so as not to pose a potential burden of undue costs, time or stresses on resources.
CLICK HERE for the letter
What Local Coordination requirements are included in the final rule?
The final rule increases coordination with Local Emergency Planning Committees (LEPCs) to enhance local emergency preparedness and response planning by requiring facilities to conduct annual coordination with LEPCs or local emergency response officials to clarify response needs, emergency plans, roles, and responsibilities. Instances of poor coordination between RMP facilities and local planners and responders have been identified by States, local communities, and first responders to EPA and by U.S. Chemical Safety and Hazard Investigation Board (CSB) in accident investigations. States and locals have indicated that some RMP facilities do not adequately engage in meaningful coordination with LEPCs and local emergency responders, leaving the local planners and responders unaware of, or unprepared for, the chemical risks associated with the facility.
The lack of good coordination between facilities and responders can result in increased risk to responders due to inadequate situational awareness, confusion as to who has the lead responsibilities, inadequate or lack of equipment, insufficiently trained personnel arriving on site and ultimately, potential fatalities/injuries. For example, following the August 2008 explosion and fire at the Bayer CropScience facility in Institute, West Virginia, the CSB found that lack of effective coordination between facility and local responders prevented responding agencies from receiving timely information updates about the continually changing conditions at the scene, prevented a public shelter-in-place order from reaching the local community, and may have resulted in toxic exposure to on-scene public emergency responders.
In response to several commenters that supported regular meetings with local authorities, EPA requires qualifying facility owners or operators to request an opportunity to meet with the local emergency planning committee (or equivalent) and/or local fire department, but is not requiring a meeting to be held if local authorities determine that a meeting is not required. In addition, EPA is requiring the owner or operator to consult with local emergency response official to establish appropriate frequencies and plans for tabletop and field exercises.
Qualifying facilities must:
- develop an emergency response plan,
- develop procedures for the use, inspection, and testing of emergency response equipment,
- conduct training for employees in relevant procedures, and
- update the emergency response plan to reflect changes at the facility
The final rule modifies the emergency response plan provision that requires the plan to include procedures for informing the public and local emergency response agencies about accidental releases, to also require these procedures to inform appropriate Federal and state emergency response agencies about accidental releases. This provision will be complementary to notification requirements under EPCRA and CERCLA, however the lists of regulated substances and notification triggers are NOT identical.
EPA had originally proposed to require the owner or operator to review and update the emergency response plan annually, or more frequently if necessary, to incorporate recommendations and lessons learned from emergency response exercises, incident investigations, or other available information. Several commenters stated that annual updates are unnecessary. Taking into consideration the comments received, the final rule requires the owner or operator to review and update the emergency response plan as appropriate based on changes at the facility or new information obtained from coordination activities, emergency response exercises, incident investigations, or other available information, and ensure that employees are informed of the changes.
CLICK HERE to see this letter