first revision no. 10-nfpa 475-2015 [ global input ] · nfpa 475 recommended practice for...

First Revision No. 10-NFPA 475-2015 [ Global Input ]

Title Global Input PI

Change title from:

NFPA 475 Recommended Practice for Responding to Hazardous Materials Incidents/Weapons ofMass Destruction

to:

NFPA 475 Recommended Practice for Organizing, Managing, and Sustaining a HazardousMaterials/Weapons of Mass Destruction Response Program

Submitter Information Verification

Submitter Full Name: Thomas McGowanOrganization: National Fire Protection AssocStreet Address:City:State:Zip:Submittal Date: Wed Apr 15 11:45:16 EDT 2015

Committee Statement

CommitteeStatement:

Substantiation:

On behalf of the Task Group, the recommendation to the Technical Committee is to change thecurrent title of the document to better reflect the technical nature of the proposed changes for theentire document.

ResponseMessage:Public Input No. 145-NFPA 475-2015 [Global Input]

National Fire Protection Association Report http://submittals.nfpa.org/TerraViewWeb/ContentFetcher?commentPara...

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First Revision No. 54-NFPA 475-2015 [ Global Input ]

Revise text that reads "organization and jurisdiction" and "organization or jurisdiction" to read"organziation/jurisdiction".


Submitter Full Name: Thomas McGowanOrganization: National Fire Protection AssocStreet Address:City:State:Zip:Submittal Date: Wed Jun 17 11:24:31 EDT 2015

Committee Statement

Committee Statement: The TC is making this revision for consistency within the document.Response Message:


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First Revision No. 1-NFPA 475-2015 [ Chapter 1 ]

Chapter 1 Administration1.1 Scope.This recommended practice applies to all entities having responsibility for responding to hazardousmaterials/weapons of mass destruction (WMD) incidents and establishes guidelines for the organizationand management of the program based on the authority having jurisdiction’s (AHJ) expected provides theminimum criteria for organizing, managing, and sustaining a hazardous material response program(HMRP) based on the authority having jurisdiction’s (AHJ) function and assessed level of risk.Preparedness and response functions are specifically covered in this recommended practice.1.1.1A review of the laws, regulations, consensus standards, and guidance documents in addition toguidance for risk assessment, HMRP planning, resource management, staffing, training, health andmedical issues, financial management, programs influences, and developing relationships are coveredin this recommended practice.

Global FR-54

1.2 Purpose.The purpose of this document is to recommend the minimum program elements necessary for theorganization and management of a hazardous material/WMD emergency response program organizing,managing, and sustaining an HMRP to specify guidelines for planning and responding to reduce oreliminate the hazardous materials /WMD incidents. These recommended practices are not intended torestrict the AHJ from exceeding these requisite elements risks within an organization/jurisdiction.1.2.1It is not the intent of this recommended practice to restrict any jurisdiction from using more stringentguidelines.1.3 Application.The recommendations contained in this document apply to those organizations that respond tohazardous materials/WMD incidents in accordance with the AHJ’s functional responsibilities and anacceptable level of response.



Committee Statement

CommitteeStatement:

The TC agrees with the submitter that these changes, while substantive, bettering reflect thetechnical minimum requirements for organizing, managing and sustaining a HMRP based on anassessed risk level for an AHJ.

ResponseMessage:Public Input No. 135-NFPA 475-2015 [Chapter 1]


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Chapter 2 Referenced Publications2.1 General.The documents or portions thereof listed in this chapter are referenced within this standard recommendedpractice and shall be considered part of the requirements recommendations of this document.2.2 NFPA Publications.National Fire Protection Association, 1 Batterymarch Park, Quincy, MA 02169-7471.

NFPA 472, Standard for Competence of Responders to Hazardous Materials/Weapons of MassDestruction Incidents, 2013 edition.

NFPA 473, Standard for Competencies for EMS Personnel Responding to HazardousMaterials/Weapons of Mass Destruction Incidents, 2013 edition.

NFPA 704, Standard System for the Identification of the Hazards of Materials for Emergency Response,2012 edition.

NFPA 1072, Standard for Hazardous Materials/Weapons of Mass Destruction Emergency ResponsePersonnel Professional Qualifications, 2017 edition.

NFPA 1500, Standard on Fire Department Occupational Safety and Health Program, 2013 edition.

NFPA 1521, Standard for Fire Department Safety Officer Professional Qualifications, 2015 edition.

NFPA 1561, Standard on Emergency Services Incident Management System, 2014 edition.

NFPA 1582, Standard on Comprehensive Occupational Medical Program for Fire Departments, 2013edition.

NFPA 1584, Standard on the Rehabilitation Process for Members during Emergency Operations andTraining Exercises, 2015 edition.

NFPA 1851, Standard on Selection, Care, and Maintenance of Protective Ensembles for Structural FireFighting and Proximity Fire Fighting, 2014 edition.

NFPA 1852, Standard on Selection, Care, and Maintenance of Open-Circuit Self-Contained BreathingApparatus (SCBA), 2013 edition.

NFPA 1951, Standard on Protective Ensembles for Technical Rescue Incidents, 2013 edition.

NFPA 1981, Standard on Open-Circuit Self-Contained Breathing Apparatus (SCBA) for EmergencyServices, 2013 edition.

NFPA 1982, Standard on Personal Alert Safety Systems (PASS), 2013 edition.

NFPA 1991, Standard on Vapor-Protective Ensembles for Hazardous Materials Emergencies, 2016edition.

NFPA 1992, Standard on Liquid Splash–Protective Ensembles and Clothing for Hazardous MaterialsEmergencies, 2017 edition.

NFPA 1994, Standard on Protective Ensembles for First Responders to CBRN Terrorism Incidents, 2017edition.

2.3 Other Publications.2.3.1 ANSI Publications.American National Standards Institute, Inc., 25 West 43rd Street, 4th floor, New York, NY 10036.

ANSI Z88.2, American National Standard Practices for Respiratory Protection , 2015.

ANSI Z88.10, Fit Test Method , 2010.

2.3.2 API Publications.American Petroleum Institute, 1220 L Street, NW, Washington, DC 20005-4070.

API 2021, Management of Atmospheric Storage Tank Fires , 2006.


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2.3.3 ASTM Publications.American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA19428-2959.

ASTM E2458, Standard Practices for Bulk Sample Collection and Swab Sample Collection of VisiblePowders Suspected of Being Biothreat Agents from Nonporous Surfaces , 2010.

ASTM E2601, Standard Practice for Radiological Emergency Response , 2008.

ASTM E2770, Standard Guide for Operational Guidelines for Initial Response to a Suspected BiothreatAgent , 2010.

ASTM F1127, Standard Guide for Containment of Hazardous Material Spill by Emergency ResponsePersonnel , 2013.

2.3.4 FEMA Publications.Federal Emergency Management Agency, U.S. Department of Homeland Security, 500 C Street, SW,Washington, DC 20472.

FEMA 508-4, Typed Resource Definitions — Fire and Hazardous Materials Resources , 2005.

FEMA NIMS Guide 0001, National MIMS Resource Typing Criteria , 2006.

FEMA NIMS Guide 0002, National Credentialing Definition and Criteria , 2007.

National Mutual Aid and Resource Management Initiative.

2.3.5 NIOSH Publications.National Institute for Occupational Safety and Health, Centers for Disease Control and Prevention, 1600Clifton Road, Atlanta, GA 30329-4027.

Occupational Safety and Health Guidance Manual for Hazardous Waste Site Activities , 1985.


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2.3.6 U.S. Government Publications.


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U.S. Government Printing Office, Superintendent of Documents, Washington, DC 20402.

Emergency Planning and Community Right-to-Know Act, Public Law 99–499, 1986.

Emergency Response Guidebook, U.S. Department of Transportation, 2012 edition.

FBI Bomb Data Center, Special Technicians Bulletin 2010-1, A Model for Bomb Squad StandardOperating Procedures, Washington, D.C. July 22, 2011.

Hazardous Waste Operations and Emergency Response , 29 CFR 1910, 120 , Washington, D.C.: UnitedStates Department of Labor, 1994.

Title 6, Code of Federal Regulations, Part 27, “Chemical Facility Anti-Terrorism Standards.”

Title 10, Code of Federal Regulations, Parts 1–199, “Nuclear Regulatory Commission.”

Title 10, Code of Federal Regulations, Parts 1500–1508, “Council on Environmental Quality.”

Title 10, Code of Federal Regulations, Part 20, “Standards for Protection Against Radiation.”

Title 10, Code of Federal Regulations, Part 20.1201–1208, “Occupational Dose Limits.”

Title 10, Code of Federal Regulations, Part 20.1301–1302, “Radiation Dose Limits for Individual Membersof the Public.”

Title 10, Code of Federal Regulations, Part 20.1601–1602, “Control of Exposure from External Sources inRestricted Areas.”

Title 10, Code of Federal Regulations, Part 20.1901–1906, “Precautionary Procedures.”

Title 10, Code of Federal Regulations, Part 20 Appendix B, “Annual Limits on Intake (ALIs) and DerivedAir Concentrations (DACs) of Radionuclides for Occupational Exposure; Effluent Concentrations;Concentrations for Release to Sewerage.”

Title 10, Code of Federal Regulations, Part 20 Appendix G, “Requirements for Transfers of Low-LevelRadioactive Waste Intended for Disposal at Licensed Land Disposal Facilities and Manifests.”

Title 10, Code of Federal Regulations, Part 50, “Domestic Licensing of Production and UtilizationFacilities.”

Title 10, Code of Federal Regulations, Part 50.47, “Emergency Plans.”

Title 10, Code of Federal Regulations, Part 50.54(q), “Evacuation Processes.”

Title 10, Code of Federal Regulations, Part 50 Annex E, “Emergency Planning and Preparedness forProduction and Utilization Facilities.”

Title 18, U.S. Code, Section 2332a, “Use of Weapons of Mass Destruction.”

Title 29, Code of Federal Regulations, Part 1910, “Occupational Safety and Health Standards.”

Title 29, Code of Federal Regulations, Part 1910.120, "Hazardous Waste Operations and EmergencyResponse."

Title 29, Code of Federal Regulations, Part 1910.120(f), “Medical Surveillance.”

Title 29, Code of Federal Regulations, Part 1910.120(h), “Monitoring.”

Title 29, Code of Federal Regulations, Part 1910.120(q), “Emergency Response Program to HazardousSubstance Releases.”

Title 29, Code of Federal Regulations, Part 1910.120, Appendix E, “Training Curriculum Guidelines —(Non-mandatory).”

Title 29, Code of Federal Regulations, Part 1910.134, “Respiratory Protection.”

Title 29, Code of Federal Regulations, Part 1910.134(c), “Respiratory Protection Program.”

Title 29, Code of Federal Regulations, Part 1910.146, “Permit-Required Confined Spaces.”

Title 29, Code of Federal Regulations, Part 1910.147, “Control of Hazardous Energy.”

Title 29, Code of Federal Regulations, Part 1910.1000, “Toxic and Hazardous Substances.”

Title 29, Code of Federal Regulations, Part 1910.1020, “Access to Employee Exposure and MedicalRecords.”

Title 29, Code of Federal Regulations, Part 1910.1020(d), “Preservation of Records.”


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Title 29, Code of Federal Regulations, Part 1910.1030, “Blood-Borne Pathogens.”

Title 29, Code of Federal Regulations, Part 1910.1200, “Hazard Communications.”

Title 29, Code of Federal Regulations, Part 1915, “Occupational Safety and Health Standards forShipyard Employment.”

Title 29, Code of Federal Regulations, Part 1926, “Occupational Safety and Health Standards forConstruction.”

Title 29, Code of Federal Regulations, Part 1926.65, “Hazardous Waste Operations and EmergencyResponse.”

Title 29, Code of Federal Regulations, Part 1928, “Safety and Health Standards for Agriculture.”

Title 33, Code of Federal Regulations, Part 104, “Maritime Security: Vessels.”

Title 40, Code of Federal Regulations, “Protection of Environment.”

Title 40, Code of Federal Regulations, Part 68, “Chemical Accident Prevention Provisions.”

Title 40, Code of Federal Regulations, Part 110, “Discharge of Oil.”

Title 40, Code of Federal Regulations, Part 112, “Oil Pollution Prevention.”

Title 40, Code of Federal Regulations, Part 238–259, “Solid Wastes.”

Title 40, Code of Federal Regulations, Part 260–279, “Hazardous Waste Regulations.”

Title 40, Code of Federal Regulations, Part 280, “Technical Standards and Corrective ActionRequirements for Owners and Operators of Underground Storage Tanks (UST).”

Title 40, Code of Federal Regulations, Part 300, “National Oil and Hazardous Substances PollutionContingency Plan.”

Title 40, Code of Federal Regulations, Part 302, Table 302.4, “List of Hazardous Substances and theirReportable Quantities.”

Title 40, Code of Federal Regulations, Part 310, “Reimbursement to Local Governments for EmergencyResponse to Hazardous Substance Releases.”

Title 40, Code of Federal Regulations, Part 311, “Worker Protection.”

Title 40, Code of Federal Regulations, Part 311.2, “Definition of Employee.”

Title 40, Code of Federal Regulations, Part 355, “Emergency Planning and Notification.”

Title 40, Code of Federal Regulations, Part 355, Appendix A, “List of Extremely Hazardous Substancesand Their Threshold Planning Quantities.”

Title 40, Code of Federal Regulations, Part 370, “Hazardous Chemical Reporting: Community Right-to-Know.”

Title 46 49 , Code of Federal Regulations, Office of Federal Register, National Archives and RecordsAdministration, Washington DC 2011. Part 40, “Transportation.”

Title 49, Code of Federal Regulations, Part Subpart B, “Oil Transportation.”

Title 49, Code of Federal Regulations, Part 130, “Oil Spill Prevention and Response Plans.”

Title 49, Code of Federal Regulations, Subpart C, “Hazardous Materials Regulations.”

Title 49, Code of Federal Regulations, Part 171, “General Information, Regulations, and Definitions.”

Title 49, Code of Federal Regulations, Part 172, “Hazardous Materials Table, Special Provisions,Hazardous Materials Communications, Emergency Response Information, Training Requirements, andSecurity Plans.”

Title 49, Code of Federal Regulations, Part 173, “General Requirements for Shipments and Packaging.”

Title 49, Code of Federal Regulations, Part 174, “Carriage by Rail.”

Title 49, Code of Federal Regulations, Part 175, “Carriage by Aircraft.”

Title 49, Code of Federal Regulations, Part 176, “Carriage by Vessel.”

Title 49, Code of Federal Regulations, Part 177, “Carriage by Public Highway.”

Title 49, Code of Federal Regulations, Part 178, “Specifications for Packaging.”


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Title 49, Code of Federal Regulations, Part 179, “Specifications for Tank Cars.”

Title 49, Code of Federal Regulations, Part 180, “Continuing Qualification and Maintenance ofPackaging.”

Title 49, Code of Federal Regulations, Subpart D, “Pipeline Safety.”

Title 49, Code of Federal Regulations, Part 193, “Liquefied Natural Gas Facilities: Federal SafetyStandards.”

Title 49, Code of Federal Regulations, Part 194, “Response Plans for Onshore Oil Pipelines.”

Title 49, Code of Federal Regulations, Part 195, “Transportation of Hazardous Liquids by Pipelines.”

2.3.7 Other Publications.Merriam-Webster's Collegiate Dictionary, 11th edition, Merriam-Webster, Inc., Springfield, MA, 2003.2.4 References for Extracts in Mandatory Recommended Sections. (Reserved)NFPA 472, Standard for Competence of Responders to Hazardous Materials/Weapons of MassDestruction Incidents, 2013 edition.



Committee Statement

Committee Statement: The TC has recognized that text and edition dates need to be updated.Response Message:Public Input No. 7-NFPA 475-2014 [Section No. 2.2]Public Input No. 6-NFPA 475-2014 [Section No. 2.1]Public Input No. 8-NFPA 475-2014 [Section No. 2.3.1]Public Input No. 4-NFPA 475-2014 [Section No. 2.3.1]Public Input No. 9-NFPA 475-2014 [Section No. 2.3.1]


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First Revision No. 15-NFPA 475-2015 [ Section No. 3.1 ]

3.1 General.The definitions contained in this chapter shall apply to the terms used in this standard recommendedpractice . Where terms are not defined in this chapter or within another chapter, they shall should bedefined using their ordinarily accepted meanings within the context in which they are used. Merriam-Webster's Collegiate Dictionary, 11th edition, shall should be used as the source for the ordinarilyaccepted meaning.



Committee Statement

Committee Statement: The document is a recommended practice not a standard.Response Message:Public Input No. 10-NFPA 475-2014 [Section No. 3.1]


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First Revision No. 16-NFPA 475-2015 [ Section No. 3.2.6 ]

3.2.7 Standard.A document An NFPA Standard , the main text of which contains only mandatory provisions using theword “shall” to indicate requirements and which that is in a form generally suitable for mandatoryreference by another standard or code or for adoption into law. Nonmandatory provisions are not to beconsidered a part of the requirements of a standard and shall be located in an appendix or , annex,footnote, or fine-print note and are not to be considered a part of the requirements of astandard informational note, or other means as permitted in the NFPA Manuals of Style. When used in ageneric sense, such as in the phrase “standards development process” or “standards developmentactivities,” the term “standards” includes all NFPA Standards, including Codes, Standards, RecommendedPractices, and Guides .



Committee Statement

Committee Statement: Change is the definition that NFPA editorial staff required in NFPA 1072.Response Message:Public Input No. 11-NFPA 475-2014 [Section No. 3.2.6]


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3.3.1 Allied Professional.That person who possesses the knowledge, skills, and technical competence to provide assistance in theselection, implementation, and evaluation of mission-specific tasks at a hazardous materials weapons ofmass destruction (WMD) incident. [ 472 , 2013]

Supplemental Information

File Name DescriptionA.3.3.1_AP.docx



Committee Statement

CommitteeStatement:

The TC agrees with the submitter that "Allied Professional" may be used to assist in tasks at anylevel of response personnel . . . therefore this should be be limited to mission-specific tasks.

ResponseMessage:Public Input No. 12-NFPA 475-2014 [Section No. 3.3.1]


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A.3.3.1 Allied Professional Examples could include Certified Safety Professional (CSP), Certified Health Physicist (CHP), Certified Industrial Hygienist (CIH), Radiation Safety Officer (RSO), or similar credentialed or competent individuals as determined by the AHJ. Might also be referred to as a Technical Specialist of Subject Matter Expert (SME) in a mission‐specific area.


3.3.4 Awareness Level Personnel.Personnel who, in the course of their normal duties, could encounter an emergency involving hazardousmaterials/weapons of mass destruction (WMD) and who are expected to recognize the presence of thehazardous materials/weapons of mass destruction (WMD), protect themselves, call for trained personnel,and secure the scene. (See Annex H). [472, 2013]



Committee Statement

CommitteeStatement:

The TC revised the definition to be consistent with other Hazardous Materials ResponsePersonnel documents.

ResponseMessage:


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3.3.6 CHEMTREC.The Chemical Transportation Emergency Response Center, a A public service of the American ChemistryCouncil, which that provides emergency response information and assistance on a 24-hour basis forresponders to hazardous materials/weapons of mass destruction (WMD) incidents. [ 472 , 2013]



Committee Statement

CommitteeStatement:

The TC agrees that the definition be consistent with other hazardous materials responsepersonnel documents.



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First Revision No. 50-NFPA 475-2015 [ New Section after 3.3.8 ]

3.3.9 Consensus Standard.A standard that has been adopted and promulgated by a nationally recognized standards-producingorganization under procedures whereby it can be determined that persons interested and affected bythe scope or provisions of the standard have reached substantial agreement on its adoption; wasformulated in a manner that afforded an opportunity for diverse views to be considered; and has beendesignated as such.



Committee Statement

Committee Statement: The TC wishes to add this definition for clarity to the document.Response Message:


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3.3.9 Confinement.Those procedures taken to keep a material, once released, in a defined or local area. [ 472 , 2013]


Submitter Full Name: Thomas McGowanOrganization: National Fire Protection AssocStreet Address:City:State:Zip:Submittal Date: Thu Apr 23 08:29:59 EDT 2015

Committee Statement

Committee Statement: The TC has moved this to a subsection under Control.Response Message:


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3.3.10 Container.A receptacle, pipe, or pipeline used for storing or transporting material of any kind. [ 472 , 2013]



Committee Statement

CommitteeStatement:

The TC agrees that the definition be consistent with other hazardous materials responsepersonnel documents.



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3.3.12 Containment.The actions taken to keep a material in its container (e.g., stop a release of the material or reduce theamount being released). [ 472 , 2013]



Committee Statement

Committee Statement: The TC has moved this definition as a subsection under Control.Response Message:


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First Revision No. 39-NFPA 475-2015 [ Section No. 3.3.13 [Excluding any Sub-Sections]

]

The process of transferring or the deposition of a hazardous material, or the hazardous component of aweapon of mass destruction (WMD), from its source to people, animals, the environment, or equipment,that can act as a carrier. [ 472 , 2013]



Committee Statement

Committee Statement: The TC agrees with submitter and is revising the text for this definition.Response Message:Public Input No. 48-NFPA 475-2014 [Section No. 3.3.13 [Excluding any Sub-Sections]]


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3.3.13 Control.The procedures, techniques, and methods used in the mitigation of hazardous material/weapons of massdestruction (WMD) incidents, including containment, extinguishment, and confinement. [472, 2013]

See FR-41

3.3.13.1 Confinement.Those procedures taken to keep a material, once released, in a defined or local area. [472, 2013]

See FR-42

3.3.13.2 Containment.The actions taken to keep a material in its container (e.g., stop a release of the material or reduce theamount being released). [472, 2013]3.3.13.3 Extinguishment.To cause to cease burning.



Committee Statement

CommitteeStatement:

The TC is revising this this definition to include subsections for consistency with the otherHazardous Materials Response Personnel document.

ResponseMessage:Public Input No. 128-NFPA 475-2014 [Section No. 3.3.14]Public Input No. 18-NFPA 475-2014 [New Section after 3.3.27]


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First Revision No. 22-NFPA 475-2015 [ Section No. 3.3.15 [Excluding any Sub-Sections]

]

The areas at hazardous materials/weapons of mass destruction incidents within an established a orcontrolled perimeter that are designated based upon safety and the degree of hazard. [472, 2013]



Committee Statement

CommitteeStatement:

The TC agrees with the submitter that the editorial correction is needed to match otherdocuments.

Response Message:Public Input No. 16-NFPA 475-2014 [Section No. 3.3.15 [Excluding any Sub-Sections]]


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First Revision No. 43-NFPA 475-2015 [ Section No. 3.3.18.3 ]

3.3.17.3 Mass Decontamination.The physical or chemical process of reducing, removing or removing neutralizing surface contaminantsfrom large numbers of victims in potentially life-threatening situations in the fastest time possible. [ 472 ,2013]



Committee Statement

Committee Statement: The TC agress with submitter and has revised the text.Response Message:Public Input No. 50-NFPA 475-2014 [Section No. 3.3.18.3]


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3.3.28 Exposures.The people, animals, environment, property, and equipment that might potentially become exposed at ahazardous materials/weapons of mass destruction (WMD) incident.



Committee Statement

CommitteeStatement:

The TC adsded the definition to be consistent with other Hazardous Materials ResponsePersonnel documents.

ResponseMessage:Public Input No. 17-NFPA 475-2014 [New Section after 3.3.28]


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3.3.30 Fusion Center.A focal point within the state and local environment for the receipt, analysis, gathering, and sharing ofthreat-related information between the federal government and state, local, tribal, territorial (SLTT), andprivate sector partners.



Committee Statement



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3.3.29 Fissile Material.Material whose atoms are capable of nuclear fission (capable of being split) sustained nuclear fission .[ 472 , 2013]



Committee Statement

CommitteeStatement:

The TC agrees with submitter that "Fissile material" normally refers to material which could be used,or could be modified in order to be used, in a sustained nuclear reaction- i.e. a nuclear reactor or anuclear weapon- including U233, U235 and P238 (and theoretically some isotopes of americium andneptunium). The term is NOT normally used to describe radiological materials which could not beused in a sustained nuclear reaction, but are capable of being "split." There are many radioactiveisotopes which undergo some splitting of the atom as they decay into other substances, but whichare NOT useable as afuel in a nuclear reactor or nuclear weapon, and are therefore not normallyincluded in the definition of "fissile material."

Public Input No. 52-NFPA 475-2014 [Section No. 3.3.28]


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3.3.35 Hazardous Materials Response Program (HMRP).A program designed to manage emergency preparedness issues (i.e., planning, prevention, response,recovery) associated with hazardous materials/weapons of mass destruction (WMD) within ajurisdiction.



Committee Statement

Committee Statement: The TC agrees with the submitter in part and has made a revision.Response Message:Public Input No. 133-NFPA 475-2014 [New Section after 3.3.33]Public Input No. 19-NFPA 475-2014 [New Section after 3.3.31]


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3.3.44 Laws.Legislative action by governmental bodies such as Congress, individual states, and local governmentthat provides broad goals and objectives, sets mandatory dates for compliance, and establishespenalties for noncompliance.



Committee Statement

Committee Statement: The TC wishes to add this definition to the clarify the document.Response Message:


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3.3.42 Incident Command System.A specific component of an incident management system designed to enable effective and efficienton-scene incident management by integrating a combination of facilities, equipment, personnel,procedures, and communications operating within a common organizational structure. [ 472 , 2013]



Committee Statement

CommitteeStatement:

The TC revised the text for consistency within all Hazardous Materials ResponsePersonnel document.

Response Message:Public Input No. 20-NFPA 475-2014 [Section No. 3.3.39]


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3.3.43 Incident Management System (IMS).A plan process that defines the roles and responsibilities to be assumed by personnel and the operatingprocedures to be used in the management and direction of emergency operations to include the incidentcommand system, multi-agency coordination system, training, and management of resources. [ 472 ,2013]



Committee Statement

CommitteeStatement:

The TC revised the text for consistency within all Hazardous Materials ResponsePersonnel document.



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3.3.62 Material Safety Data Sheet (MSDS) Safety Data Sheet (SDS) .A form, provided by chemical manufacturers and compounders (blenders) of chemicals distributors ofhazardous products , containing information about chemical composition, physical and chemicalproperties, health and safety hazards, emergency response, and waste disposal of the material. [ 472 ,2013]



Committee Statement

CommitteeStatement:

The TC is revising this definition for consistency within the hazardous materials responsepersonnel document.



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3.3.21 Detection and Monitoring Equipment.Instruments and devices used to identify and quantify contaminants detect, identify, classify, or quantifymaterials . [ 472 , 2013]



Committee Statement

CommitteeStatement:

The TC revised this definition for consistency with the other Hazardous Materials ResponsePersonnel documents.

ResponseMessage:Public Input No. 22-NFPA 475-2014 [Section No. 3.3.43]Public Input No. 54-NFPA 475-2014 [Section No. 3.3.43]


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3.3.50 Personal Protective Equipment (PPE) .The equipment provided to shield or isolate a person from the chemical, physical, thermal andthermal radiation hazards that can be encountered at hazardous materials/weapons of mass destruction(WMD) incidents. [ 472 , 2013]



Committee Statement

Committee Statement: The Tc agrees with both submitters and has revised the text.Response Message:Public Input No. 23-NFPA 475-2014 [Section No. 3.3.48]Public Input No. 57-NFPA 475-2014 [Section No. 3.3.48]


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First Revision No. 31-NFPA 475-2015 [ Section No. 3.3.49.3 ]

3.3.51.3 Site Safety and Control Plan.A site safety and control plan should be completed and approved by the hazardous materials officer, thehazardous materials safety officer, and the incident commander for inclusion in the incident action plan.The plan must be briefed to personnel operating within the hot zone by the hazardous materials safetyofficer or the hazardous materials officer prior to entry mission initiation. The initial site safety and controlplan for the first operational period can be written or oral. The plan should be documented as soon asresources allow. [ 472 , 2013] A site-specific tactical document used by the hazardous materials branchunder the incident command system (ICS) to organize information important to hazardous materialsresponse operations.



Committee Statement

CommitteeStatement:

The TC agrees with the submitter that the change in definition better reflects thepurpose/function of a site safety and control plan.

ResponseMessage:Public Input No. 24-NFPA 475-2014 [Section No. 3.3.49.3]


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3.3.54 Productivity of Life.A multidimensional concept that includes domains related to physical, mental, emotional, and socialfunctioning and focuses on the impact that health status has on quality of life.



Committee Statement

Committee Statement: The TC agrees with the submitter and includes this in this chapter.Response Message:Public Input No. 146-NFPA 475-2015 [New Section after 3.3.51]


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3.3.55 Protective Clothing.Equipment designed to protect the wearer from heat and/or from hazardous materials, or from thehazardous component of a weapon of mass destruction (WMD) contacting the skin or eyes. [ 472 , 2013]3.3.55.1 Chemical-Protective Clothing (CPC) .Items made from chemical-resistive materials, such as clothing, hood, boots, and gloves, that aredesigned and configured to protect the wearer's torso, head, arms, legs, hands, and feet from hazardousmaterials. [ 472 , 2013] The ensemble elements (i.e., garment, gloves, and footwear) provided to shield orisolate a person from the hazards encountered during hazardous materials/WMD incident operations.3.3.55.2 High Temperature–Protective Clothing.Protective clothing designed to protect the wearer for short-term high temperature high-temperatureexposures. [472, 2013]3.3.55.3 Liquid Splash–Protective Clothing Ensemble .The garment portion of a chemical-protective clothing ensemble that is designed and configured toprotect the wearer against chemical liquid splashes but not against chemical vapors or gases. [ 472 ,2013] Multiple elements of compliant protective clothing and equipment products that when worn togetherprovide protection from some, but not all, risks of hazardous materials/WMD emergency incidentoperations involving liquids.3.3.55.4 Structural Fire-Fighting Protective Clothing.The fire resistant fire-resistant protective clothing normally worn by fire fighters during structuralfire-fighting operations, which includes a helmet, coat, pants, boots, gloves, PASS device, and a fireresistant hood to cover parts of the head and neck not protected by the helmet and respirator facepiece.[472, 2013]3.3.55.5 Vapor-Protective Clothing.The garment portion of a chemical-protective clothing ensemble that is designed and configured toprotect the wearer against chemical vapors or gases. [ 472 , 2013] Multiple elements of compliantprotective clothing and equipment that when worn together provide protection from some, but not all, risksof vapor, liquid-splash, and particulate environments during hazardous materials/WMD incidentoperations.A.3.3.55.1 Chemical-Protective Clothing.Chemical-protective clothing (i.e., garments) can be constructed as a single- or multipiece multi-piecegarment. The garment can completely enclose the wearer either by itself or in combination with thewearer's respiratory protection, attached or detachable hood, gloves, and boots. [472, 2013]A.3.3.55.3 Liquid Splash–Protective Clothing Ensemble .This type of protective clothing is a component of EPA Level B chemical protection. Liquid splash–protective clothing ensembles should meet the requirements of NFPA 1992, Standard on Liquid Splash–Protective Ensembles and Clothing for Hazardous Materials Emergencies . [ 472 , 2013]A.3.3.55.4 Structural Fire-Fighting Protective Clothing.Structural fire-fighting protective clothing provides limited protection from heat but might not provideadequate protection from the harmful gases, vapors, liquids, or dusts that are encountered duringhazardous materials/WMD incidents. The NFPA 1971 CBRN option is intended to add chemicalprotection to structural fire-fighting protective clothing. [472, 2013]A.3.3.55.5 Vapor-Protective Clothing.This type of protective clothing is a component of EPA Level A chemical protection. Vapor-protectiveclothing should meet the requirements of NFPA 1991, Standard on Vapor-Protective Ensembles forHazardous Materials Emergencies or NFPA 1994 . [472, 2013]


File Name DescriptionA.3.3.XX_CPC.docx



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Committee Statement

CommitteeStatement:

The TC is revising this definition and subsections to be consistent with other HazardousMaterials Response Personnel documents.



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A.3.3.XX.1 Chemical-Protective Clothing (CPC). Chemical-protective clothing (garments) can be constructed as a single- or multi-piece garment. The garment can completely enclose the wearer either by itself or in combination with the wearer's respiratory protection, attached or detachable hood, gloves, and boots. [472, 2013] A.3.3.XX.2 High Temperature–Protective Clothing. This type of clothing is usually of limited use in dealing with chemical commodities. [472, 2013] A.3.3.XX.3 Liquid Splash–Protective Ensembles. This type of protective clothing is a component of Level B chemical protection. Liquid splash–protective Ensembles should meet the requirements of NFPA 1992. A.3.3.XX.4 Structural Fire-Fighting Protective Clothing. Structural fire-fighting protective clothing provides limited protection from heat but might not provide adequate protection from the harmful gases, vapors, liquids, or dusts that are encountered during hazardous materials/WMD incidents. The NFPA 1971 CBRN option is intended to add chemical protection to structural fire-fighting protective clothing. A.3.3.XX.5 Vapor-Protective Ensembles. This type of protective clothing is a component of Level A chemical protection. Vapor-protective clothing should meet the requirements of NFPA 1991 or NFPA 1994.


3.3.57 Regulations.Official rules created by government agencies that detail how something should be done.



Committee Statement



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3.3.67 Standard Operating Guidelines (SOG).A written directive that establishes recommended strategies/concepts of emergency response to anincident.3.3.68 Standard Operating Procedure (SOP).A written directive that establishes specific operational or administrative methods to be followedroutinely for the performance of a task or for the use of equipment.



Committee Statement

Committee Statement: The TC agrees that both these definitions need to be included in this document.Response Message:Public Input No. 153-NFPA 475-2015 [New Section after 3.3.61]


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3.3.71 Weapon of Mass Destruction (WMD).(1) Any destructive device, such as any explosive, incendiary, or poison gas bomb, grenade, rocket havinga propellant charge of more than four ounces, missile having an explosive or incendiary charge of morethan one quarter ounce (7 grams), mine, or device similar to the above; (2) any weapon involving toxic orpoisonous chemicals; (3) any weapon involving a disease organism; or (4) any weapon that is designed torelease radiation or radioactivity at a level dangerous to human life. [472, 2013]3.3.71.1 Radiological Weapons of Mass Destruction. [472, 2013]3.3.71.1.1* Radiation Exposure Device (RED)— an RED , used interchangeably with the term “ radiological exposure device ” or “ radiation emittingdevice ”, consists of radioactive material, either as a sealed source or as material within some type ofcontainer, or a radiation-generating device, such as an X-ray device, that directly exposes people toionizing radiation. [ 472 , 2013]3.3.71.1.3* Improvised Nuclear Device (IND)— an IND is an illicit nuclear weapon that is bought, stolen, or otherwise obtained from a nuclear State(that is, a national government with nuclear weapons), or a weapon fabricated from fissile material thatis capable of producing a nuclear explosion. [ 472 , 2013]3.3.71.1.1 Improvised Nuclear Device (IND)— an IND is an illicit nuclear weapon that is bought, stolen, or otherwise obtained from a nuclear State(that is, a national government with nuclear weapons), or a weapon fabricated from fissile material that iscapable of producing a nuclear explosion. [472, 2013]3.3.71.1.1.1 Radiation Dispersal Device (RDD)— an RDD, also as referred to as a “dirty bomb”, is a device designed to spread radioactive materialthrough a detonation of conventional explosives or other (nonnuclear) means. [ 472 , 2013]3.3.71.1.1.2 Radiation Exposure Device (RED)A device, used interchangeably with the terms radiological exposure device or radiation emittingdevice consisting of radioactive material, either as a sealed source or as material within some type ofcontainer, or a radiation-generating device, to cause harm to people, animals, and the environment byexposure to ionizing radiation. [ 472 , 2013]3.3.71.1.2 Radiation Dispersal Device (RDD)— an RDD, also as referred to as a “dirty bomb”, is a device designed to spread radioactive materialthrough a detonation of conventional explosives or other (nonnuclear) means. [472, 2013]3.3.71.1.3 Radiation Exposure Device (RED)A device, used interchangeably with the terms radiological exposure device or radiation emitting deviceconsisting of radioactive material, either as a sealed source or as material within some type of container,or a radiation-generating device, to cause harm to people, animals, and the environment by exposure toionizing radiation. [472, 2013]


File Name DescriptionA.3.3.XX_WMD.docx


Submitter Full Name: Thomas McGowanOrganization: National Fire Protection AssocStreet Address:City:State:Zip:


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Submittal Date: Thu Apr 23 09:08:46 EDT 2015

Committee Statement

CommitteeStatement:

The TC has revised parts of this definition to be consistent with other Hazardous MaterialsResponse Personnel documents.

ResponseMessage:Public Input No. 58-NFPA 475-2014 [Section No. 3.3.64.1.1]Public Input No. 59-NFPA 475-2014 [Section No. 3.3.64.1.2]Public Input No. 27-NFPA 475-2014 [Section No. 3.3.64.1]


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A.3.3.XX.1 Radiological Weapons of Mass Destruction. The intent of this annex material is to provide information on the different types of radiological/nuclear devices that can be used as a weapon by those with malicious intent. [472, 2013] A.3.3.XX.2 Improvised Nuclear Device (IND). The nuclear explosion from an IND produces extreme heat, powerful shockwaves, and prompt radiation that would be acutely lethal for a significant distance. It also produces potentially lethal radioactive fallout, which may spread and deposit over very large areas. It also produces potentially lethal radioactive fallout, which may spread and deposit over very large areas. A nuclear detonation in an urban area could result in over 100,000 fatalities (and many more injured), massive infrastructure damage, and thousands of square kilometers of contaminated land. If the IND fails to work correctly and does not create a nuclear explosion, then the detonation of the conventional explosives would likely disperse radioactive material like an explosive radiological dispersal device (RDD). A.3.3.XX.2.1 Radiation Dispersal Device (RDD). Any device that intentionally spreads radioactive material across an area with the intent to cause harm, without a nuclear explosion occurring. An RDD that uses explosives for spreading or dispersing radioactive material is commonly referred to as a “dirty bomb” or “explosive RDD.” Nonexplosive RDDs could spread radioactive material using common items such as pressurized containers, fans, building air-handling systems, sprayers, crop dusters, or even spreading by hand. [472, 2013] A.3.3.XX.2.2 Radiation Exposure Device (RED). Sealed source means radioactive material encased in a capsule or closely bonded to another material in order to contain the radioactive material and prevent its leakage or escape under normal conditions of intended use. Radioactive material may be in a sealed or unsealed (dispersible) form. Shipments of sealed and dispersible forms of radioactive material are made in accordance with Department of Transportation regulations in a variety of containers dependent on the physical and chemical form of the material, quantity of radioactive material present, and associated radiation levels on the exterior of the container. An RED might cause a few deaths but normally would not cause widespread radiological contamination. An RED could be concealed in public transportation (under a bus or subway seat), a busy shopping mall (e.g., the food court), a movie theater, or any other location where a large number of people sit, stand, or pass close by. Individuals who come in contact with, touch, or sit on a radioactive material container do not become contaminated. The danger is from exposure for extended periods of time to high levels of radiation close to the radioactive material or generating device. If an RED contains radioactive materials and the device were to break open, some of the radioactive material could be released, causing contamination. If that occurs, the RED becomes a radiological dispersal device (RDD), and people coming in contact with the radioactive material could spread contamination elsewhere.


3.4.11 Operations Level Operations-Level Responders Assigned to Perform Mass DecontaminationDuring Hazardous Materials/Weapons of Mass Destruction (WMD) Incidents .Persons, competent at the operations level, who are assigned to implement mass decontaminationoperations at hazardous materials/weapons of mass destruction (WMD) incidents. [ 472 , 2013]



Committee Statement

CommitteeStatement:

The TC has revised this text for consistency with the other Hazardous Materials ResponsePersonnel documents.

ResponseMessage:Public Input No. 28-NFPA 475-2014 [Section No. 3.4.8]Public Input No. 29-NFPA 475-2014 [Section No. 3.4.8]


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3.4.13 Operations Level Operations-Level Responders Assigned to Perform Technical DecontaminationDuring Hazardous Materials/Weapons of Mass Destruction (WMD) Incidents .Persons, competent at the operations level, who are assigned to implement technical decontaminationoperations at hazardous materials/weapons of mass destruction (WMD) incidents. [ 472 , 2013]



Committee Statement

CommitteeStatement:

The TC revised this definition to be consistent with other Hazardous Materials ResponsePersonnel.



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3.4.14 Operations Level Operations-Level Responders Assigned to Perform Victim Rescue/RecoveryDuring Hazardous Materials/Weapons of Mass Destruction (WMD) Incidents .Persons, competent at the operations level, who are assigned to rescue and/or recover exposed andcontaminated victims at hazardous materials/weapons of mass destruction (WMD) incidents. [ 472 , 2013]



Committee Statement

CommitteeStatement:

The TC revised this definition to be consistent with other Hazardous Materials ResponsePersonnel documents.



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3.4.16 Operations Level Operations-Level Responders Assigned to Use Personal Protective EquipmentDuring Hazardous Materials/Weapons of Mass Destruction (WMD) Incidents .Persons, competent at the operations level, who are assigned to use of personal protective equipment athazardous materials/weapons of mass destruction (WMD) incidents. [ 472 , 2013]



Committee Statement

CommitteeStatement:

The TC revised this definition to be consistent with the other Hazardous Materials ResponsePersonnel documents.



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Chapter 4 Laws and , Regulations, Consensus Standards, and Guidance Documents4.1 General Scope .The laws, regulations, standards, and guidance documents or portions thereof listed in this chapter arereferenced within this recommended practice and should be considered part of the recommendations ofthis document. This chapter applies to those organizations and jurisdictions responsible for organizing,managing, and sustaining a hazardous materials/weapons of mass destruction (WMD) response program(HMRP) and provides information on applicable laws, regulations, consensus standards, and guidancedocuments that impact each program.4.1.1Laws are enacted by legislative action of governmental bodies such as Congress, individual states, andlocal government. Laws typically provide broad goals and objectives, set mandatory dates forcompliance, and establish penalties for noncompliance.4.1.2Regulations are official rules created by government agencies that detail how something should bedone.4.1.3A consensus standard is a standard that has been adopted and promulgated by a nationally recognizedstandards-producing organization under procedures whereby it can be determined that personsinterested and affected by the scope or provisions of the standard have reached substantial agreementon its adoption; was formulated in a manner that afforded an opportunity for diverse views to beconsidered; and has been designated as such.4.2 Laws Purpose .4.2.1 General.Over the years, U.S. Congress has passed major pieces of legislation concerning hazardous materialsand public safety. This has resulted in seven major federal agency regulations that contain no fewerthan six different legal definitions of hazardous material. Each state will have its own laws regulatinghazardous materials that must be taken into consideration when responding to an incident. In addition,there are over 70 different voluntary consensus standards. Of all areas concerning hazmat responseteams (HMRT), this area is one of the most confusing and, at the same time, an area that must becompletely understood when supporting operations of an HMRT. Subsections 4.2.2 through 4.5.3discuss some of the more important laws impacting hazardous materials emergency planning andresponse that will be of particular interest to HMRTs. The brief summaries are designed to highlight onlythe provisions that have the potential to impact HMRTs.4.2.2 Environmental Protection Agency (EPA).4.2.2.1 The Resource Conservation and Recovery Act (RCRA).Passed by Congress in 1976, the RCRA established a uniform national policy for hazardous and solidwaste disposal. It is intended to provide general oversight to state programs, which can be morestringent but not less stringent. It contains the four major programs discussed in 4.2.2.1.1 through4.2.2.1.4 .4.2.2.1.1 Solid Waste.Subtitle D of the act encourages states to develop and implement solid waste management plans.4.2.2.1.2 Medical Waste.Subtitle J addresses medical waste pertaining to generation, treatment, destruction, and disposal.4.2.2.1.3 Hazardous Waste.Subtitle C establishes a program to manage hazardous waste from “cradle-to-grave.” The objective ofthe program is to ensure that hazardous waste is handled in a manner that protects human health andthe environment. The regulation covers the generation, transportation, treatment, storage, or disposal ofhazardous wastes.4.2.2.1.4 Underground Storage Tanks.Subtitle I regulates petroleum products and hazardous substances stored in underground tanks. Theobjective of this section is to prevent leakage to groundwater from tanks and to clean up past releases.It also contains standards on new tanks and regulation for leak detection and prevention.


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4.2.2.2 The Clean Air Act (CAA).Passed by Congress in 1970 and last amended in 1990, the CAA covers a wide range of activities frommanufacturing and processing, transportation, and management of hazardous chemicals.4.2.2.2.1In Section 112(r) of the CAA, the Chemical Accident Prevention Provisions require facilities thatproduce, handle, process, distribute, or store certain chemicals to develop a risk management program,prepare a risk management plan (RMP), and submit the RMP to the EPA.4.2.2.3 Superfund Amendments and Reauthorization Act (SARA).Also known as “Superfund,” SARA, passed in 1986, addresses hazardous substance releases into theenvironment and cleanup of inactive hazardous waste disposal sites. It also requires those individualsresponsible for the release of hazardous materials (commonly referred to as the responsible parties)above a specified “reportable quantity” to notify the National Response Center. SARA has had perhapsthe greatest impact on hazardous materials emergency planning and response operations. SARAamended the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of1980 and provided a national baseline with regard to hazardous materials planning, preparedness,training, and response.4.2.2.3.1Title I of this act required OSHA to develop health and safety standards covering numerous workergroups who handle or respond to chemical emergencies and led to the development of OSHA1910.120, Hazardous Waste Operations and Emergency Response (HAZWOPER).4.2.2.3.2Title III is perhaps the most familiar to the emergency response community. It is also known as theEmergency Planning and Community Right-to-Know Act (EPCRA). Title III led to the establishment ofthe State Emergency Response Commissions (SERC) and the Local Emergency Planning Committees(LEPC). Passed in 1986, it includes the four major sections pertaining to public safety that arediscussed in 4.2.2.3.2.1 through 4.2.2.3.2.4 .4.2.2.3.2.1 Sections 301-303: Emergency Planning.These sections are to ensure that state and local communities are prepared to respond to potentialchemical accidents. As a first step, each state had to establish a SERC. In turn, the SERC designatedlocal emergency planning districts. For each district, the SERC appoints, supervises, and coordinatesthe activities of an LEPC. The LEPC must, in turn, develop an emergency response plan for its districtand review it annually.4.2.2.3.2.2 Section 304: Emergency Release Notification.This section applies to any facility that stores, produces, or uses a hazardous chemical (any chemicalthat is a physical hazard or a health hazard) and releases a reportable quantity (RQ) of a substancecontained in either of the following two tables published by the EPA in the Code of Federal Regulations:

List of extremely hazardous substances

List of CERCLA hazardous substances

4.2.2.3.2.3 Sections 311-312: Community Right-to-Know.The purpose of these requirements is to increase community awareness of chemical hazards and tofacilitate emergency planning.4.2.2.3.2.4 Section 313: Toxic Chemical Release Inventory.The data gathered will assist in research and development of regulations, guidelines, and standards.Under this section, The EPA is required to establish the Toxic Release Inventory (TRI), an inventory ofroutine toxic chemical emissions from certain facilities. The original data requirements for the TRI,specified in SARA Title III, have been greatly expanded by the Pollution Prevention Act of 1990. The TRImust now also include information on source reduction, recycling, and treatment.4.2.2.4 Federal Water Pollution Control Act (FWPCA).The FWPCA was passed in 1972 and amended in 1977 to become the Clean Water Act (CWA). Thisact requires the EPA and U.S. Coast Guard to regulate the spills of oil and/or other hazardoussubstances that threaten coastal waters and inland waterways.


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4.2.2.5 Clean Water Act (CWA).The CWA aims to protect the health of our nation's waters by establishing water quality goals as well asthe plans and permits needed to achieve these goals. The CWA aims to protect the waters of the UnitedStates by preventing, reducing, and eliminating pollution. The term waters of the United States includenavigable water, ground water, surface water, and underground waters. Title III of the CWA establishesresponse requirements for discharges of oil and hazardous substances from ships and on- or off-shorefacilities.4.2.2.6 Oil Pollution Act (OPA).This act was signed into law in 1990 to cover both facilities and carriers of oil and related liquid product,including deepwater marine terminals, marine vessels, pipelines, and railcars. Requirements include thedevelopment of emergency response plans, regular training and exercise sessions, and verification ofspill resources and contractor capabilities. The OPA addresses development of a national planning andresponse system on four levels: national, area, local, and facility. In the event of an oil spill, the facilityresponse plan (FRP) is immediately activated with other plans activated as needed. Owners oroperators of a regulated facility must have a spill prevention, control, and countermeasures (SPCC)program.4.2.2.7 Spill Prevention, Control, and Countermeasure Plan (SPCC).This regulation applies to facilities engaged in drilling, producing, gathering, storing, processing, refining,transferring, distributing, or consuming oil and oil product that due to location could reasonably beexpected to discharge oil in quantities that could be harmful into or upon navigable waterways oradjoining shoreline, or upon the water on the contiguous zone.4.2.2.8 National Contingency Plan.The National Contingency Plan (NCP) is the federal government's blueprint for responding to both oilspills and hazardous substance releases. The NCP is required by Section 105 of the CERCLA of 1980,as amended by the SARA of 1986 and by Section 311(d) of the CWA, as amended by the OPA of 1990.The NCP has been revised over the years to include a framework for responding to oil discharges andhazardous substance spills to water as well as releases at hazardous waste sites requiring emergencyremoval actions.4.2.3 Department of Homeland Security — The Stafford Act.The Stafford Act is the central legislation governing the federal response to disasters within the UnitedStates with the Federal Emergency Management Agency designated as the primary federal agencyresponsible for responding to disasters.4.3 Regulatory Agencies Laws .4.3.1 U.S. Occupational Safety and Health Administration (OSHA) General .Title 29, Labor, Subtitle B, Regulations Relating to Labor, Chapter XVII, Occupational Safety And HealthAdministration, Department Of Labor, Part 1910 “Occupational Safety and Health Standards,” SubpartH. “Hazardous Materials,” section 120, "Hazardous Waste Operations and Emergency Response” refersto OSHA regulations governing hazardous materials emergency response.4.3.1.129 CFR 1910.120 and 1926.65 covers emergency response operations for release of, or substantialthreats of release of, hazardous substances without regard to the location of the hazard. Paragraph (q) ofthe Hazardous Waste Operations and Emergency Response Standard (HAZWOPER) provides inspectionprocedures for 29 CFR 1910.120 and 1926.65, relative to emergency response to hazardous substancerelease. Laws are enacted by legislative action of governmental bodies such as Congress, individualstates, and local government. Laws typically provide broad goals and objectives, set mandatory dates forcompliance, and establish penalties for noncompliance. Subsections 4.3.2 through 4.3.11 provide abrief summary of the provisions of several laws that can impact an HMRP.


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4.3.1.2The following OSHA references cover specific regulations as guidance for the emergency response:

Subpart H — Hazardous Materials 29 CFR 1910.120 Hazardous Waste Operations andEmergency Response

Subpart I — Personal Protective Equipment 29 CFR 1910.134 Respiratory Protection

Subpart J General Environmental Controls 29 CFR 1910.146 Permits Required Confined Spaces29 CFR 1910.147 The Control of Hazardous Energy (Lock Out/Tag Out).

Subpart Z Toxic and Hazardous Substances 29 CFR 1910.1030 Blood borne Pathogens.

OSHA Hazard Communication 29 CFR 1910.1200.

4.3.2 The U.S. Environmental Protection Agency (EPA) Resource Conservation and Recovery Act(RCRA) .Title 40 — Protection of the Environment, Chapter I — Environmental Protection Agency, Subchapter J —Superfund, Emergency Planning, And Community Right-To-Know Programs sets forth requirements forthe submission of information relating to the release of toxic chemicals under section 313 of Title III of theSuperfund Amendments and Reauthorization Act of 1986. Passed by Congress in 1976, RCRAestablishes a uniform national policy for proper management and disposal of all waste materials. It isintended to provide general oversight to state programs, which can be more stringent than RCRA but notless stringent. RCRA establishes the following four major programs:

(1) Hazardous Waste Management. Subtitle C establishes a program to manage hazardous waste from“cradle-to-grave” (i.e., from generation to disposal) to protect human health and the environment.

(2) State and Regional Solid Waste Plans. Subtitle D encourages states to develop comprehensiveplans to manage nonhazardous industrial solid waste and municipal solid waste, sets criteria formunicipal solid waste landfills and other solid waste disposal facilities, and prohibits the opendumping of solid waste.

(3) Regulation of Underground Storage Tanks. Subtitle I establishes a program for preventing leaks ofpetroleum products and hazardous substances from underground tanks to groundwater and forcleaning up past leakage. Standards for new tanks and regulations for leak detection and preventionare also addressed.

(4) Standards for Tracking and Management of Medical Waste . Subtitle J establishes a program totrack medical waste from generation, to disposal.

4.3.2.1Part 311 “Worker Safety.” 29 CFR Part 1910 is incorporated by reference and is in place for thosestates, without OSHA-approved state plans and is the lead agency for response.4.3.2.2SARA Title III and the EPCRA created a method and standard practice for a local community tounderstand and be aware of the requirements businesses that handle chemicals have to report storagetype, quantity, and storage methods to the fire department and the local emergency planning committee.4.3.2.2.1LEPCs gather and disseminate information about hazardous materials to the public.4.3.2.2.2Each State has a SERC. The SERC is the liaison between local and state levels of authority.4.3.3 U.S. Department of Transportation (DOT) Clean Air Act (CAA) .49 CFR, a comprehensive set of transportation regulations, enforces and publicizes laws and regulationsthat govern the transportation of goods by highway, rail, air, and, in some cases, marine transport. Whenspills occur while the material is on the vehicle or otherwise “in transportation,” OSHA's HAZWOPERstandard [29 CFR 1910.120(q)]covers the emergency response personnel who respond to theincident. Passed by Congress in 1970 and last amended in 1990, the CAA authorizes the development ofcomprehensive federal and state regulations to limit hazardous chemical emissions from both stationary(e.g., production, processing, and storage facilities) and mobile sources. The 1990 amendmentsestablished emergency response and planning activities at facilities using hazardous chemicals, anational permitting program, and mandates for making information available to the public.


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4.3.3.1 Chemical Accident Prevention Provisions.Subchapter B (Hazardous Materials and Oil Transportation), Part 130 (Oil Spill Prevention and ResponsePlans) prescribes prevention, containment, and response planning requirements applicable totransportation of oil by motor vehicles and rolling stock. Section 112(r) of the CAA requires owners andoperators of stationary sources that produce, process, or store hazardous substances to identify allhazards associated with an accidental release, design and maintain a safe facility, minimize theconsequences of an accidental release, and develop a risk management plan (RMP) to submit to theEnvironmental Protection Agency (EPA).4.3.3.2Subchapter C (Hazardous Materials Regulations).4.3.3.2.1Part 172 lists and classifies those materials that the department has designated as hazardous materialsfor purposes of transportation and prescribes the requirements for shipping papers, package marking,labeling, and transport vehicle placarding applicable to the shipment and transportation of thosehazardous materials.4.3.3.2.2Part 174 (Carriage by Rail) prescribes requirements to be observed with respect to the transportation ofhazardous materials in or on rail cars.4.3.3.2.3Part 175 (Carriage by Aircraft) prescribes requirements that apply to the transportation of hazardousmaterials in commerce aboard (including attached to or suspended from) aircraft.4.3.3.2.4Part 176 (Carriage by Vessel) prescribes requirements to be observed with respect to the transportationof hazardous materials by vessel.4.3.3.2.5Part 177 (Carriage by Public Highway) prescribes requirements that are applicable to the acceptanceand transportation of hazardous materials by private, common, or contract carriers by motor vehicle.4.3.3.3 Subchapter D (Pipeline Safety).4.3.3.3.1Part 193 (Liquefied Natural Gas Facilities: Federal Safety Standards) prescribes safety standards forLNG facilities used in the transportation of gas by pipeline that is subject to the pipeline safety laws.4.3.3.3.2Part 194 (Response Plans for Onshore Oil Pipelines) contains requirements for oil spill response plansto reduce the environmental impact of oil discharged from onshore oil pipelines.4.3.3.3.3Part 195 (Transportation of Hazardous Liquids by Pipelines) prescribes safety standards and reportingrequirements for pipeline facilities used in the transportation of hazardous liquids or carbon dioxide.4.3.4 U.S. Department of Energy (DOE) Comprehensive Environmental Response, Compensation, andLiability Act (CERCLA) .Title 10 Chapter 10 CFR 1021 Subpart C, Implementing Procedures of the Department of Energy,outline the manner in which nuclear materials will be assessed and handled. Passed by Congress in1980, the CERCLA, commonly known as the Superfund, authorizes the EPA to respond to actual orthreatened releases of hazardous substances that could endanger public health, public welfare, or theenvironment; establishes prohibitions and requirements concerning closed and abandoned hazardouswaste sites; provides for liability of persons responsible for releases of hazardous waste at these sites;establishes a trust fund to provide for cleanup where no responsible party can be identified; and enablesthe EPA to force parties responsible for environmental contamination to clean it up or to reimburse theSuperfund for response or remediation costs incurred by the EPA.


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4.3.5 Superfund Amendments and Reauthorization Act (SARA).Passed by Congress in 1986 to amend CERCLA, SARA revises various sections of CERCLA. SARAaddresses hazardous material releases and cleanup of inactive hazardous waste disposal sites;requires National Response Center notification by parties responsible for releases above reportablequantity (RQ) levels; and requires development of safety standards for work groups that handle orrespond to chemical emergencies. Key provisions of SARA include the following:

(1) Provisions Relating Primarily to Response and Liability. SARA Title I required OSHA to develophealth and safety standards for worker groups that handle or respond to chemical emergenciesand led to the development of 29 CFR 1910.120.

(2) Emergency Planning and Community Right-to-Know Act (EPCRA). SARA Title III, or EPCRA, isdesigned to improve community access to information about chemical hazards and to facilitate thedevelopment of chemical emergency response plans. EPCRA establishes emergency planningand community right-to-know reporting on hazard and toxic chemicals to help increase thepublic’s knowledge and access to information at individual facilities, including information on theuses of any hazardous or toxic chemicals and any release of hazardous or toxic chemical into theenvironment. EPCRA led to the establishment of State Emergency Response Commissions(SERCs) and Local Emergency Planning Committees (LEPCs). Key provisions of EPCRA includethe following:

(a) Sections 301–303: Emergency Planning. These sections require state and localgovernments to prepare chemical emergency response plans, review them annually, andestablish SERCs and LEPCs to oversee and coordinate planning efforts.

(b) Section 304: Emergency Release Notification. This section requires notification by facilitiesthat store, produce, or use a hazardous chemical (i.e., any chemical that is a physical orhealth hazard) of any release of an RQ of a substance contained in either of the followingtwo tables published by the EPA in the Code of Federal Regulations:

i. List of extremely hazardous substances (EHS)

ii. List of CERCLA hazardous substances

(3) Sections 311–312: Community Right-to-Know. The data required by these sections increasespublic knowledge and allows first responders access to information on chemicals at individualfacilitates. States and communities, working with individual facilities, can use this information toimprove chemical safety and protect public health and the environment. These sections increasepublic knowledge of and make first responders aware of the hazards and chemical inventoriespresent at individual facilities. The safety data sheets (SDSs), which are required by Section 311,and the annual chemical inventories, which are Tier II forms, are sent to the SERC, LEPC, andfire department with jurisdiction over the facility. First responders can use the information to guidetheir response. For example, the Tier II forms contain the name and phone number of thedesignated facility’s “emergency contact,” who could provide responders with first-handknowledge of the facility.

(4) Section 313: Toxic Chemical Release Inventory. Under this section, the EPA is required toestablish the toxic release inventory (TRI), which is an inventory of routine toxic chemicalemissions from certain facilities. This report, commonly known as Form R, covers releases andtransfers of toxic chemicals to various facilities and environmental media, and allows the EPA tocompile the national TRI database. The TRI also includes information on source reduction,recycling, and treatment. The data gathered assists in research and development of regulations,guidelines, and standards.

4.3.6 Federal Water Pollution Control Act (FWPCA).Passed by Congress in 1972 and amended in 1977 to become the Clean Water Act, FWPCA requiresthe EPA and U.S. Coast Guard to regulate spills of oil and/or other hazardous substances that threatencoastal waters and inland waterways and to restore and maintain the chemical, physical, and biologicalintegrity of the waters of the United States by preventing, reducing, and eliminating pollution.4.3.7 Clean Water Act (CWA).Passed by Congress in 1977, the CWA establishes the basic structure (i.e., plans and permits) forregulating discharges of pollutants into the waters of the United States (e.g., navigable waterways,surface waters) and quality standards for surface waters.


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4.3.7.1The EPA’s National Pollutant Discharge Elimination System (NPDES) permit program seeks to controldischarges from industrial, municipal, and other facilities where such facilities discharge directly tosurface waters.4.3.8 Oil Pollution Act (OPA).Passed by Congress in 1990 to cover both facilities and carriers of oil and related liquid product,including deep-water marine terminals, marine vessels, pipelines, and railcars, the OPA requiresdevelopment of emergency response plans, with regular training and exercise sessions; verification ofspill resources and contractor capabilities; establishment of a national planning and response system onfour levels: national, area, local, and facility; activation of the facility response plan (FRP) with otherplans as needed; and owners or operators of a regulated facility to have a spill prevention, control, andcountermeasure (SPCC) program.4.3.8.1 Spill Prevention, Control, and Countermeasure Plans (SPCC).The OPA mandated the creation of SPCC plans for facilities engaged in drilling, producing, gathering,storing, processing, refining, transferring, distributing, or consuming oil and oil product where there is arisk of discharging oil in quantities that could be harmful if discharged into or on navigable waterways oradjoining shoreline, or on the water on the contiguous zone.4.3.9 Hazardous Materials Transportation Act (HMTA).Passed by Congress in 1975 and reauthorized by the Hazardous Materials Transportation Safety andSecurity Reauthorization Act of 2005, HMTA protects against risks to life, property, and environment thatare inherent in intrastate, interstate, and foreign transportation of hazardous material.4.3.10 Robert T. Stafford Disaster Relief and Emergency Assistance Act ( The Stafford Act).Passed by Congress in 1988, the Stafford Act designates the Federal Emergency Management Agency(FEMA) as the primary federal agency responsible for coordinating federal responses to disasters.4.3.11 Maritime Transportation Security Act (MTSA).Passed by Congress in 2002, the MTSA addresses port and waterway security. It requires vessels andport facilities to conduct vulnerability assessments and develop security plans that could includepassenger, v