In a recent training course, the EPA answered the “One Big Question”… (one that I have written about many times)
Does the facility rely on emergency responders to stop the release of the regulated substance(s)?
If the facility answers Yes, they are saying the local first responders will respond and stop the release. This means the facility is responsible for the following:
- Comply with 40 CFR 68.90
- Coordinate with local emergency planners and/or responders
- Answer only questions 9.1(a), 9.1(b), 9.7(a), 9.7(b), and 9.8 on the RMP
If the facility answers No, they are saying the facility has a trained HAZMAT team that will respond and stop the release. This means the facility is responsible for the following:
- Comply with 40 CFR 68.90 and 40 CFR 68.95
- Answer all questions in section 9 of the RMP
REMINDER: OSHA’s Emergency Action Plan (EAP) is NOT considered an Emergency Response Plan (ERP) under the Risk Management Program regulation.
Characteristics of a Non-Responding Facility
- Employees expect community first responders to address release
- Employees are instructed to evacuate when a release occurs
- Facility EAP does not address response actions to releases of CAA 112(r) listed chemicals
- Employees not trained or instructed to respond to releases of CAA 112(r) listed chemicals
- No active incident command system
- Lack of number of employees required to make entry team
Characteristics of a Responding Facility
- The facility has developed and trained response team(s)
- Employees are instructed to respond to fires and releases of regulated substances
- Response drills conducted and critiqued; routine employee emergency response training planned and implemented
- The notification system in place to assemble employees for the purpose of responding to a release
- Employees have trained with local responders in addressing releases during emergency
An Emergency Response Program is NOT needed if:
- The facility coordinates with local response agencies
- For toxic substances (68.90(b)(1))
- Include facility in Community Emergency Response Plan (CERP) under EPCRA
- Coordination is with the Local Emergency Planning Committee ( LEPC)
- For flammable substances (68.90(b)(2))
- Ensure local fire department is capable of responding to potential releases AND is aware of its responsibility to do so
- Coordination is with Fire Department
- Formal notification procedure in place (68.90(b)(3))
- Mechanisms in place to notify emergency responders
- Identify emergency contact (name or organization and phone number)
- For toxic substances (68.90(b)(1))
NON- Responding Facilities
If facility employees do NOT respond to releases of regulated substances, answer ONLY these emergency response elements
- First two (9.1.a and 9.1.b)
- Last three (9.7.a, 9.7.b, and 9.8)
Responding Facilities
If facility employees WILL respond to releases of regulated substances
- Subject to 40 CFR 68.95
- Must fill out all data items in Section 9 of RMP
- Emergency Response Program 40 CFR 68.95(a)
- Correlation with other plans 40 CFR 68.95(b)
- Coordination with community emergency response plan 40 CFR 68.95(c)
- Emergency Response Plan (ERP)
- Procedures for using, inspecting, testing, and maintaining emergency response equipment
- Training in relevant procedures
- Procedures for review and update of ERP
A WRITTEN ERP must contain the following:
- How to inform the public and local emergency responders
- First aid and emergency medical treatment documentation
- Procedures and measures for emergency response after an accidental release of a regulated substance
The ERP MUST:
- be maintained at the facility
- represent current operations at the facility
- include method of communicating any changes to plan to employees
The emergency response plan should SPECIFICALLY address the substances regulated under the Risk Management Program.
Coordination with Emergency Response Agencies
- How does a facility request aid?
- Do local emergency response agencies have the capability to respond?
Ultimately, the facility is responsible for minimizing the consequences of accidents that do occur.
Correlation with Other Plans
- Facility can develop one emergency plan to address all federal/state/local requirements including:
- OSHA’s EAP
- National Contingency Plan (NCP)
- Federal Response Plan (FRP)
- Contingency plan regulations
- Integrated Contingency Plan
- “One Plan”
Ensure emergency plan includes all of the required elements found in 40 CFR Part 68.95(a)
Coordination with Community Emergency Response Plan (CERP)
- Ensure needed assistance from local responders during emergencies is coordinated thru the CERP (developed under 42 USC 11003)
- What off-site response assistance is required by facility, and how it will be requested
- Who is in charge of the response operation
- Delegation of authority down internal and off-site chain of command
Upon request by LEPC or emergency response officials, PROMPTLY provide information needed for the community plan
Common Deficiencies
- Release reporting procedure has incorrect phone numbers for EPCRA/CERCLA reporting
- Process not designed so reports can be made “immediately”
- People operating process do not know
- Where the emergency response/action plan is located
- How to find current Safety Data Sheet (formerly Material Safety Data Sheet)
- Steps for reporting releases
- Facilities incorrectly answer all questions in Section 9 of the RMP when they do not have a Risk Management emergency response program (as defined by 40 CFR 68.95)
Common Deficiencies – Responding Facilities
- No first aid information in ERP for CAA 112(r) chemicals
- No evidence that plan has been reviewed and updated, even though facility indicated it would do so at regular intervals in the plan
- Detection and/or response equipment not inspected/tested, or documentation of testing does not exist
Source: https://www.epa.gov/sites/default/files/2017-09/documents/program3-module3.pdf
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