As a safety professional, former FF/EMT, HAZMAT Coordinator, and LEPC Chairperson I can personally attest to the value of what “preplanning” can do for a business, the community and its responders. Unfortunately in the current economic climate, most businesses, communities, and FD’s have had to set preplanning efforts to the side due to budget constraints. As a safety professional this frustrates me as we have all heard the phrase… “An ounce of prevention is worth more than a pound of cure”. Today, the chief of the Texas Department of Public Safety’s Office Emergency Management told lawmakers delving into the catastrophic explosion at the West Fertilizer Co. that emergency planning and response by city of West and McClennan County officials saved countless lives. Citing “the number of people evacuated safely, I would submit to you that the system worked,” said DPS’s Nim Kidd. This was a shocking statement after we just buried 12 firefighters, so I thought maybe somone needs to explain just who is responsible for “preplanning” and how is the “planning system” suppose to work…
Lets start with businesses
I used to do about 7-10 pre-plans for high risk businesses annually up until 2007/08 time frame. These are detailed plans for emergencies such as Fire, HAZMAT, Rescue (PRCS/High Angle), and Major Medical stemming from a large-scale accident. These were major projects for the facility, but we analyzed every aspect of their emergency response plans, staffing, equipment, training, outside resources (and their staffing, equipment, training, etc.) so that the business leaders could fully understand what their major risks were and their ability to respond to them. Most clients found themselves on an “island” with very little help from outside the facility, so their plans, equipment, staffing, and training became absolutely critical. Almost all of these facilities were required to comply with OSHA’s HAZWOPER standard, so it is important to point out that the VERY FIRST element of a facility’s Emergency Response Plan MUST address…
1910.120(q)(2)(i) Pre-emergency planning and coordination with outside parties
So what is the OSHA minimum expectation for this pre-planning. Here is what they say in their CPL regarding the role of the facility AND the LEPC:
SARA Title III directed Governors of each State to appoint a State Emergency Response Commission (SERC), which would in turn appoint and coordinate the activities of Local Emergency Planning Committees (LEPCs). The LEPCs must develop a community ERP that contains emergency response methods and procedures that can be followed by facility owners, local emergency responders, and emergency medical personnel. The interface between HAZWOPER and SARA Title III is discussed further in Section XII.B.
The CPL goes on to state the following:
The term “outside parties” as used in 1910.120(q)(2)(i) means outside responders (fire departments, police, private HAZMAT teams, emergency medical service personnel, and other pertinent components of the local, state, and federal emergency response system) and other employers in the surrounding area who could be affected by a hazardous substance emergency incident.
(1) Inspection Guidelines. CSHOs may ask the following questions with respect to an employer’s pre-emergency planning and coordination efforts:
(a) Does the plan address coordination with outside emergency response organizations?
(b) Have employers notified and coordinated their ERP with the organizations listed? CSHOs must verify with the local fire department(s) that the employer has contacted them regarding the employer’s emergency response capabilities and needs and the fire department’s role, if any, in providing emergency response (e.g., request written mutual aid agreements with the response organizations). The planning and coordination procedures in the employer’s written ERP should state the particular conditions or circumstances under which outside responders will provide emergency response to the site or facility. The CSHO should also verify with other randomly-selected emergency response organizations listed in the ERP that these outside parties are aware of and capable of fulfilling their role under the employer’s ERP.
(c) Are telephone numbers and contact personnel for in-plant officials and local authorities updated and made available?
(d) Do the employer’s pre-emergency planning and coordination procedures address how outside parties are notified of a potential emergency situation and what role each would play in an incident? Verify whether the employer has conveyed these elements of the ERP by contacting several of the affected outside parties.
(e) Are outside responders aware of any circumstances that were either not disclosed or considered by the employer that would delay or prevent them from responding to an incident (e.g., distance, lack of training, etc.)?
Now for the meat and potatoes of how OSHA expects the LEPC to play role in facility Pre-Planning:
In addition, under SARA Title III, facilities are required to share information on hazardous chemicals on site with the LEPC. You may refer industry personnel to the SARA Title III hotline at (800) 424-9346, or to appropriate EPA Regional Offices. CSHOs are encouraged to notify EPA of facilities that have not complied with SARA Title III.
In addition to pre-emergency planning and coordinating with outside parties, the employer must also pre-plan for situations that may require employees to shelter-in-place. This is addressed further in section XI.C.5.
Hospitals that are designated by a LEPC or by a hazardous waste site as a decontamination facility must comply with 1910.120(q) for employee training. Facilities or sites that prepare an ERP under 1910.120 must coordinate with hospitals or other medical care providers prior to emergencies in case victims will need to be decontaminated at a hospital (1910.120(q)(2) requires emergency medical treatment and first aid as one of the elements to be covered in the ERP). If a hospital is selected by a facility, it must be made aware of a facility’s intent to use its services so that the hospital may ensure that it is prepared for its duties (e.g., has properly trained personnel, PPE, methods of containing runoff wastewater, etc.).
The role of the Local Emergency Planning Committee (LEPC) in preplanning
SARA Title III, also referred to as “EPCRA,” requires States and local jurisdictions to develop community Emergency Response Plans (ERP). In addition, certain facilities within the community must share information about the hazardous substances they have on site with the community emergency response planners. SARA Title III directs Governors of each State to appoint a State Emergency Response Commission (SERC), which in turn appoints and coordinates the activities of LEPCs. The LEPCs must develop a community ERP that contains emergency response methods and procedures to be followed by facility owners, local emergency responders, and emergency medical personnel.
(1) Facilities must submit an EPA Tier I or Tier II inventory form to their SERC, LEPC and local fire department. A MSDS, or alternative, must also be submitted in accordance with the following (defined in 40 CFR Part 370.20(b)):
(a) When hazardous chemicals (as defined in 29 CFR 1910.1200) are kept in amounts equal to or greater than 10,000 pounds.
(b) When “extremely hazardous substances” (a list is provided in Federal EPA’s regulation, 40 CFR Part 355 – Appendix A) are present in amounts greater than or equal to 500 pounds, or greater than or equal to the “threshold planning quantity,” whichever is lower.
(c) When facilities are requested to submit an MSDS or Tier II form by the SERC, LEPC or fire department (the minimum “threshold” for reporting in response to requests is zero; i.e., the MSDS or Tier II form must be submitted anytime the SERC or LEPC or fire department makes a request).
(Note: The facility’s responsibility is further explained in 40 CFR Part 355 – Emergency Planning and Notification.)
(2) Section 303 of SARA gives LEPCs minimum requirements which they are to include in their ERP as follows:
(a) Identification of facilities with reportable quantities, routes likely to be used for the transportation of extremely hazardous substances, and facilities contributing or subjected to additional risk due to their proximity.
(b) Emergency response methods and procedures to be followed by facility owners, local emergency responders, and emergency medical personnel.
(c) Designation of a community emergency coordinator and facility emergency coordinators, who shall make determinations necessary to implement the plan.
(d) Emergency notification procedures for the facility and community emergency coordinators.
(e) Methods for determining the occurrence of a release, and the population likely to be affected.
(f) A description and location of emergency equipment and facilities in the community, and identification of personnel responsible for equipment and facilities.
(g) Evacuation plans.
(h) Training programs and their schedules for emergency responders.
(i) Methods and schedules for exercising the emergency plan.
(Note: The provisions of the community ERP are significant because 29 CFR 1910.120(q) allows community responders to use the plan developed under SARA title III in complying with OSHA. HAZWOPER paragraph (q) states that “… emergency response organizations who have developed and implemented programs equivalent to this paragraph for handling releases of hazardous substances pursuant to Section 303 of the SARA … shall be deemed to have met the requirements of this paragraph.”)
EPA even goes a bit further in their RMP Audit Checklist in their expectations of how a facility and the LEPC will work together.
At the conclusion of the opening meeting, the lead inspector should request access to the following information, where applicable:
…
• Documentation on coordination with local officials on emergency response activities.
Has the owner or operator coordinated emergency response procedures between the stationary source and local emergency planning and response organizations? [68.10(b)(3)]
Has the owner or operator provided to the local emergency response officials information necessary for developing and implementing the community emergency response plan requested by the LEPC or emergency response officials? [68.95(c)]
Has the owner or operator provided the name and telephone number of the local agency with which emergency response activities and the emergency response plan is coordinated? [68.180(b)]
For stationary sources with any regulated toxic substance held in a process above the threshold quantity, is the stationary source included in the community emergency response plan developed under EPCRA? [68.90(b)(1)]
For stationary sources with only regulated flammable substances held in a process above the threshold quantity, has the owner or operator coordinated response actions with the local fire department? [68.90(b)(2)]
Has the owner or operator developed and implemented an emergency response program for the purpose of protecting public health and the environment? [68.95(a)]
Does the emergency response plan contain the following elements: [68.95(a)(1)]
Procedures for informing the public and local emergency response agencies about accidental releases? [68.95(a)(1)(i)]
Documentation of proper first-aid and emergency medical treatment necessary to treat accidental human exposures? [68.95(a)(1)(ii)]
Procedures and measures for emergency response after an accidental release of a regulated substance? [68.95(a)(1)(iii)]
Has the emergency response plan been coordinated with the community emergency response plan developed under EPCRA? [68.95(c)]
So as we can see, LEPCs are intended to play a MAJOR role with all PSM/RMP facilities, such as the one in West, TX! Yet the County Judge elected last year is on record as stating he had never heard of any LEPC in his county and had never heard of any meetings – yet he is listed with the SERC as the Chairman of the LEPC over the West, TX Fertilizer facility!
The big question is… how many facilities have actually attended an LEPC meeting or better yet, HOSTED AN LEPC MEETING at their facility so that the facility ERP can be laid out for the LEPC members to ensure it can be integrated with the community ERP! Folks, just mailing your Tier II sheets and a copy of the ERP is not going to get us the desired results! We have to begin thinking about holding drills at our facility for the community responders, having the FD and county/regional HAZMAT teams to the site for detailed site tours of the storage/process areas and to exchange response capabilities to ensure there are NO GAPS between what our response expectations of the outside responders are and their expectations of us. The tragedy in West, TX did not have to happen; sure the fire may have been a “matter of time” but the loss of life is just UNACCEPTABLE and could have/should have been prevented. I am hopeful the investigation will find flaws in what happened at this facility LONG BEFORE the fire started so that we can learn for the planning mistakes made… at least I am hopeful of this!