While doing some “Pre-Start Up Review” work for a client, I was tasked with reviewing the Emergency Response aspect of the facility’s ability to respond to an NH3 incident. As part of this review I asked the question… Have we coordinated our emergency response needs with the LEPC and the local FD(s)? This is a NEW facility and it will NOT have on-site ER capabilities so planning/coordinating with the off-site entities is CRITICAL, especially since the facility is the largest in town and without a doubt the largest inventory of an EHS. So we are debating the timing on the Tier II submittals – I absolutely state they must be done before receiving the NH3, but EPA allows for a 3-month window to submit after receipt of the EHS over the 500-pound threshold for NH3. Sort of defeats the “emergency planning” concept of the “Emergency Planning and Community Right to Know Act (EPCRA) if we don’t tell the LEPC and FD we have 9,000 pounds of NH3 for 3 months – considering the fact that most releases occur when? START-UP! But we can debate this at another time. What I want to share with everyone is the amended RMP requirements regarding 68.93 Emergency response coordination activities. The amended requirements state:
(emphasis by me)
68.90 Applicability.
(a) Responding stationary source. Except as provided in paragraph (b) of this section, the owner or operator of a stationary source with Program 2 and Program 3 processes shall comply with the requirements of §§68.93, 68.95, and 68.96.
(b) Non-responding stationary source. The owner or operator of a stationary source whose employees will not respond to accidental releases of regulated substances need not comply with §68.95 of this part provided that:
(1) For stationary sources with any regulated toxic substance held in a process above the threshold quantity, the stationary source is included in the community emergency response plan developed under 42 U.S.C. 11003;
(2) For stationary sources with only regulated flammable substances held in a process above the threshold quantity, the owner or operator has coordinated response actions with the local fire department;
(3) Appropriate mechanisms are in place to notify emergency responders when there is a need for a response;
(4) The owner or operator performs the annual emergency response coordination activities required under §68.93; and
(5) The owner or operator performs the annual notification exercises required under §68.96(a).
68.93 Emergency response coordination activities.
The owner or operator of a stationary source shall coordinate response needs with local emergency planning and response organizations to determine how the stationary source is addressed in the community emergency response plan and to ensure that local response organizations are aware of the regulated substances at the stationary source, their quantities, the risks presented by covered processes, and the resources and capabilities at the stationary source to respond to an accidental release of a regulated substance.
(a) Coordination shall occur at least annually, and more frequently if necessary, to address changes: At the stationary source; in the stationary source’s emergency response and/or emergency action plan; and/or in the community emergency response plan.
(b) Coordination shall include providing to the local emergency planning and response organizations:
The stationary source’s emergency response plan if one exists; emergency action plan; updated emergency contact information; and any other information that local emergency planning and response organizations identify as relevant to local emergency response planning.
For responding stationary sources, coordination shall also include consulting with local emergency response officials to establish appropriate schedules and plans for field and tabletop exercises required under §68.96(b). The owner or operator shall request an opportunity to meet with the local emergency planning committee (or equivalent) and/or local fire department as appropriate to review and discuss these materials.
(c) The owner or operator shall document coordination with local authorities, including:
The names of individuals involved and their contact information (phone number, email address, and organizational affiliations);
dates of coordination activities; and
nature of coordination activities.
As I said, we can debate as to when this must be in place, but as I was speaking with some of my EMA friends one shared with me what I believe to be the Gold Standard of being able to demonstrate that a facility has in fact “coordinated response needs with local emergency planning and response organizations“? CLICK HERE for this 3-page checklist. Audit your facility’s ability to claim it has coordinated response needs with local emergency planning and response organizations using this State EMA checklist. And if you’re in the state of KY, this is not a “gold standard”… this is the Standard! Pay particular attention to Section 8: Worst Credible Release/Vulnerable Zone/Quadrant Map… sounds a lot like an Off-site Consequence Analysis that is required for an RMP, yet I did not trigger the RMP threshold of 10,000 pounds.
If you have an RMP covered facility, I would highly recommend this checklist be used when meeting with your off-site responders. Having this documented will undoubtedly show evidence that coordination has occurred and it will ALSO provide both sides with ample information to assure that “emergency planning” for both on-site and off-site emergencies with the HHC/EHS’s is in place!