OSHA 3 JRNL

OSH 2303, Hazardous Materials Safety 1

Course Learning Outcomes for Unit IV Upon completion of this unit, students should be able to:

5. Describe the central tenets of a materials spill response plan. 5.1 Identify the requirements of the primary federal agencies regulating hazardous material spill

response activities. 5.2 Recall the chemical properties that affect how a hazardous substance reacts during a spill

response. 5.3 Identify the reporting requirements related to the release of a hazardous material.

Required Unit Resources Chapter 2: Hazardous Material Spills and Response, pp. 37–59 In order to access the following resource, click the link below. The Occupational Safety and Health Administration (OSHA) has published an excellent explanation of HAZWOPER requirements, which can be found on the webpage below. Occupational Safety and Health Administration. (n.d.). The application of HAZWOPER to worksite response

and cleanup activities.United States Department of Labor. https://www.osha.gov/dep/ohe/application_worksiteresponse.html

Unit Lesson When the Occupational Safety and Health Administration (OSHA) was created in 1970, there was already a cadre of safety practitioners working in the industry and actively involved in accident prevention efforts. The American Society of Safety Engineers (ASSE) had been active for many years, as had other safety-related nongovernment organizations such as the National Fire Protection Association (NFPA), the National Safety Council (NSC), and the American Conference of Governmental Industrial Hygienists (ACGIH). The OSHA standards that were created had roots in these private organizations and forced companies to finally pay attention to worker safety. The Environmental Protection Agency (EPA) was also created in 1970 with specific air quality, water quality, and solid waste responsibilities transferred to it from the U.S. Department of the Interior; the U.S. Department of Agriculture; and the U.S. Department of Health, Education, and Welfare. The goal was to provide the nation with a focal point for addressing the growing problem of pollution (EPA, 1992). The EPA was given broad powers to publish and enforce standards, and since an environmental profession did not yet exist, the industry found itself with very limited in-house expertise to deal with the new federal and state requirements. Some companies chose to assign environmental responsibilities to safety departments, but many safety professionals objected, claiming it would force their accident prevention efforts into the background. Over the past 40 years, a new environmental management profession has emerged and flourished, but a connection to the safety profession remains, particularly in hazardous material spills and cleanup.

UNIT IV STUDY GUIDE

Introduction to Hazardous Spill Response

OSH 2303, Hazardous Materials Safety 2

UNIT x STUDY GUIDE

Title

A Cooperative Effort The EPA, the U.S. Department of Transportation (DOT), and OSHA are all directly involved in the regulation of hazardous material spill response. The EPA has the broadest coverage with laws and standards that apply to nearly every situation. Central to the EPA’s oversight of hazardous substance spill cleanup and reporting are the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980 and the Superfund Amendments and Reauthorization Act (SARA) of 1986. They include requirements to report to local authorities the inventories of acutely hazardous substances when specified storage quantities are exceeded. This allows local emergency planning committees to develop effective response plans. Together, the Resource Conservation and Recovery Act (RCRA), CERCLA, and SARA complete the cradle-to- grave cycle of hazardous waste management. RCRA focuses on reducing the amount of hazardous waste produced and the number of incidents involving hazardous waste while CERCLA and SARA deal with the effects when there is a breakdown in the waste management practices established by RCRA (EPA, 2014). The DOT regulations cover transportation incidents (Haight, 2012). Many of the larger spills in recent years have been the result of land, water, and air transportation incidents. The DOT's requirements for labeling and manifesting hazardous material shipments are critical to the effectiveness of local emergency response agencies in dealing with transportation emergencies. Unlike a warehouse where the presence of dangerous materials must be reported to local authorities under CERCLA and SARA requirements, there is rarely advance notification of hazardous substances being transported through a community; explosives and radioactive materials are the exceptions. If hazardous materials are properly identified on containers and vehicles, emergency response personnel can use the DOT’s hazard classification system markings, labels, and placards to quickly determine the correct courses of action to protect property and people should an incident occur. See the 2016 Emergency Response Guidebook for more information on the hazard classification system. However, the EPA is not tasked with protecting workers performing hazardous materials spill response functions. Section 126 of SARA tasked OSHA with developing and implementing standards to protect workers involved in these emergency response and cleanup operations related to hazardous waste spills and releases (OSHA, n.d.). The Hazardous Waste Operations and Emergency Response (HAZWOPER) standard is the result of that EPA mandate. The HAZWOPER Standard requires employers to develop written safety and health plans for containment and cleanup of hazardous waste and to provide training to all employees involved in hazardous waste operations (Haight, 2012). Closely tied to HAZWOPER is OSHA’s Hazard Communication Standard (HazCom), which you can read for more information. As we saw in the previous unit, the HazCom Standard requires employers to maintain safety information on all hazardous substances used in the workplace—not just waste—and to ensure employees who use these substances understand the dangers and how to protect themselves (Haight, 2012).

Coordinated Help The EPA, OSHA, and DOT are not alone. The National Response Center (NRC) is a cooperative effort among 15 federal departments and agencies to coordinate all hazardous materials incident planning and response across the nation, under the framework of the EPA, DOT, and OSHA regulations and standards (Haight, 2012). The NRC coordinates with state and local emergency response planning agencies to ensure

EPA, DOT, and OSHA logos (Department of Labor, n.d.; Department of

Transportation, n.d.; U.S. Government, n.d.)

OSH 2303, Hazardous Materials Safety 3

UNIT x STUDY GUIDE

Title

consistency in emergency response and protection of the public (National Response Team, 2005). If an incident crosses local or state jurisdictions or local response teams become overwhelmed by the scope of an incident, an NRC team will be dispatched to provide assistance. All oil and chemical spills required to be reported under EPA and DOT regulations must be reported by telephone to the NRC. In addition, persons discovering a spill or release, even if they are not responsible, should contact the NRC (Haight, 2012). In recent years, the responsibilities of the NRC have been expanded beyond accidental releases of oil and hazardous substances to include intentional releases and terrorist activities. Safe containment and cleanup of hazardous material spills and releases begins with an understanding of the physical and chemical properties of the materials and their toxicity. Safety practitioners and industrial hygienists are involved with protecting employees from exposure to these substances in the workplace and are often the best source of the needed information; it is critical that an organization’s safety and health staff be involved in all spill and release-related planning and discussions. OSHA’s permissible exposure limits (PELs) are the regulatory standards for worker exposure that must be followed in all spill cleanup operations (Haight, 2012). The updating of OSHA’s PEL standards, however, has not kept pace with research that recommends lower exposure limits. Organizations may want to apply the threshold limit value (TLV) published by the ACGIH. These guidelines are updated annually and represent best practice solutions to worker exposures.

The geology, hydrology, and meteorology of the area affected by a spill or release also play a significant role in the planning process (Haight, 2012). Civil engineers and environmental specialists are often the sources for the needed information. Only after the necessary information is compiled can a plan be developed on who will respond, how they will respond, how they should be trained, and what equipment they will need. Effective planning is important to any response operation, but how do you know if the plans will be effective? Very simply, the plan must be practiced, and a critical evaluation should be conducted. The NRC is an excellent source for benchmarks against which plans can be measured (National Response Team, 2001).

Risk Assessment There is much uncertainty surrounding the effects of hazardous substance spills and releases on people and the environment. Since the 1980s, the EPA has promoted the use of risk assessment as a method to address

Preparedness components under the National Response System (National Response Team, 2005, slide 37)

OSH 2303, Hazardous Materials Safety 4

UNIT x STUDY GUIDE

Title

this uncertainty (EPA, 2013). The risk assessment process evaluates the probability of an adverse event—in our case, a hazardous substance release—and the severity of the harm it may cause to people, property, and the environment. While some of the risk assessment process is subjective and may depend on the knowledge and experience of the persons conducting it, there are also many resources available to increase reliability. One such resource is the EPA’s Integrated Risk Information System (IRIS), which is a database of hazardous materials and their known effects on human health and the environment. Risk assessments help sort out which events would result in the most serious consequences and which events are most likely to occur. The ones judged to be the higher risk become the priority for action. In some cases, it may be appropriate to not plan for the events that are highly unlikely to occur. Determination of these tolerable risks must be made at the highest level of organizational management. A side benefit of a risk assessment is often the replacement of a hazardous material with one that is less hazardous or nonhazardous. Workers will no longer be exposed, and the adverse consequences of a spill have been mitigated. While most people do not like to discuss cost when assessing risks to human health, it is important to know that organizations do not have an infinite amount of money to spend. Risk assessment can help determine the best use of available funds to protect people and the environment and allow the organization to remain viable. In the next unit, we will continue the discussion and look deeper into the requirements and best practices for developing spill response plans.

References Department of Labor. (n.d.). US-OSHA-logo [Image]. Wikimedia Commons.

http://commons.wikimedia.org/wiki/File:US-OSHA-Logo.svg Department of Transportation. (n.d.). Seal of the United States Department of Transportation [Image].

Wikimedia Commons. http://commons.wikimedia.org/wiki/File:US-DeptOfTransportation-Seal.svg Haight, J. M. (Ed.). (2012). Hazardous material management and hazard communication. American Society of

Safety Engineers. National Response Team. (2001). Hazardous materials emergency planning guide. Environmental Protection

Agency. https://www.epa.gov/sites/production/files/2014- 09/documents/cleannrt10_12_distiller_complete.pdf

National Response Team. (2005). The National Response System: Federal, state, and local governments

working together to protect Americans from threats to our land, air, and water [PowerPoint slides]. https://www.nrt.org/sites/2/files/NRT-NRS_Outreach_Presentation_12-16-09v10.ppt

Occupational Safety and Health Administration. (n.d.). Hazardous Waste Operations and Emergency

Response (HAZWOPER): Overview. United States Department of Labor. https://www.osha.gov/SLTC/emergencypreparedness/hazwoper/

United States Environmental Protection Agency. (1992). The guardian: Origins of the EPA.

https://archive.epa.gov/epa/aboutepa/guardian-origins-epa.html United States Environmental Protection Agency. (2013). About risk assessment: History of risk at EPA.

https://www.epa.gov/risk/about-risk-assessment United States Environmental Protection Agency. (2014). RCRA orientation manual 2014 (EPA Document No.

530-F-11-003). https://www.epa.gov/sites/production/files/2015-07/documents/rom.pdf U.S. Government. (n.d.). Environmental Protection Agency logo [Image]. Wikimedia Commons.

http://commons.wikimedia.org/wiki/File:Environmental_Protection_Agency_logo.png

OSH 2303, Hazardous Materials Safety 5

UNIT x STUDY GUIDE

Title

Suggested Unit Resources In order to access the following resources, click the links below. The Environmental Protection Agency (EPA) provides a summary of hazardous substance spill reporting requirements on the webpage below. United States Environmental Protection Agency. (2014). When are you required to report an oil spill and

hazardous substance release? https://www.epa.gov/emergency-response/when-are-you-required- report-oil-spill-and-hazardous-substance-release#oil%20spills

The Emergency Response Guidebook (ERG) is an essential document for any organization that handles hazardous substances. You can download the 2016 edition of the ERG below. Versions of the ERG for mobile devices are also available on the U.S. Department of Transportation (DOT) website. Pipeline and Hazardous Materials Safety Administration. (2016). 2016 Emergency response guidebook. U.S.

Department of Transportation. https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/ERG2016.pdf

Review the National Response Team’s Hazardous Materials Emergency Planning Guide (pp. 1–14) below. National Response Team. (2001, July). Hazardous materials emergency planning guide. Environmental

Protection Agency. https://www.epa.gov/sites/production/files/2014- 09/documents/cleannrt10_12_distiller_complete.pdf

Read the fact sheet below, which briefs the topic of hazardous waste operations and emergency response. Occupational Safety and Health Administration. (2004). Hazardous waste operations and emergency

response [Fact sheet]. U.S. Department of Labor. https://www.osha.gov/OshDoc/data_General_Facts/factsheet-hazardouswaste.pdf

OSH 2303, Hazardous Materials Safety 1

Course Learning Outcomes for Unit IV Upon completion of this unit, students should be able to:

5. Describe the central tenets of a materials spill response plan. 5.1 Identify the requirements of the primary federal agencies regulating hazardous material spill

response activities. 5.2 Recall the chemical properties that affect how a hazardous substance reacts during a spill

response. 5.3 Identify the reporting requirements related to the release of a hazardous material.

Required Unit Resources Chapter 2: Hazardous Material Spills and Response, pp. 37–59 In order to access the following resource, click the link below. The Occupational Safety and Health Administration (OSHA) has published an excellent explanation of HAZWOPER requirements, which can be found on the webpage below. Occupational Safety and Health Administration. (n.d.). The application of HAZWOPER to worksite response

and cleanup activities.United States Department of Labor. https://www.osha.gov/dep/ohe/application_worksiteresponse.html

Unit Lesson When the Occupational Safety and Health Administration (OSHA) was created in 1970, there was already a cadre of safety practitioners working in the industry and actively involved in accident prevention efforts. The American Society of Safety Engineers (ASSE) had been active for many years, as had other safety-related nongovernment organizations such as the National Fire Protection Association (NFPA), the National Safety Council (NSC), and the American Conference of Governmental Industrial Hygienists (ACGIH). The OSHA standards that were created had roots in these private organizations and forced companies to finally pay attention to worker safety. The Environmental Protection Agency (EPA) was also created in 1970 with specific air quality, water quality, and solid waste responsibilities transferred to it from the U.S. Department of the Interior; the U.S. Department of Agriculture; and the U.S. Department of Health, Education, and Welfare. The goal was to provide the nation with a focal point for addressing the growing problem of pollution (EPA, 1992). The EPA was given broad powers to publish and enforce standards, and since an environmental profession did not yet exist, the industry found itself with very limited in-house expertise to deal with the new federal and state requirements. Some companies chose to assign environmental responsibilities to safety departments, but many safety professionals objected, claiming it would force their accident prevention efforts into the background. Over the past 40 years, a new environmental management profession has emerged and flourished, but a connection to the safety profession remains, particularly in hazardous material spills and cleanup.

UNIT IV STUDY GUIDE

Introduction to Hazardous Spill Response

OSH 2303, Hazardous Materials Safety 2

UNIT x STUDY GUIDE

Title

A Cooperative Effort The EPA, the U.S. Department of Transportation (DOT), and OSHA are all directly involved in the regulation of hazardous material spill response. The EPA has the broadest coverage with laws and standards that apply to nearly every situation. Central to the EPA’s oversight of hazardous substance spill cleanup and reporting are the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980 and the Superfund Amendments and Reauthorization Act (SARA) of 1986. They include requirements to report to local authorities the inventories of acutely hazardous substances when specified storage quantities are exceeded. This allows local emergency planning committees to develop effective response plans. Together, the Resource Conservation and Recovery Act (RCRA), CERCLA, and SARA complete the cradle-to- grave cycle of hazardous waste management. RCRA focuses on reducing the amount of hazardous waste produced and the number of incidents involving hazardous waste while CERCLA and SARA deal with the effects when there is a breakdown in the waste management practices established by RCRA (EPA, 2014). The DOT regulations cover transportation incidents (Haight, 2012). Many of the larger spills in recent years have been the result of land, water, and air transportation incidents. The DOT's requirements for labeling and manifesting hazardous material shipments are critical to the effectiveness of local emergency response agencies in dealing with transportation emergencies. Unlike a warehouse where the presence of dangerous materials must be reported to local authorities under CERCLA and SARA requirements, there is rarely advance notification of hazardous substances being transported through a community; explosives and radioactive materials are the exceptions. If hazardous materials are properly identified on containers and vehicles, emergency response personnel can use the DOT’s hazard classification system markings, labels, and placards to quickly determine the correct courses of action to protect property and people should an incident occur. See the 2016 Emergency Response Guidebook for more information on the hazard classification system. However, the EPA is not tasked with protecting workers performing hazardous materials spill response functions. Section 126 of SARA tasked OSHA with developing and implementing standards to protect workers involved in these emergency response and cleanup operations related to hazardous waste spills and releases (OSHA, n.d.). The Hazardous Waste Operations and Emergency Response (HAZWOPER) standard is the result of that EPA mandate. The HAZWOPER Standard requires employers to develop written safety and health plans for containment and cleanup of hazardous waste and to provide training to all employees involved in hazardous waste operations (Haight, 2012). Closely tied to HAZWOPER is OSHA’s Hazard Communication Standard (HazCom), which you can read for more information. As we saw in the previous unit, the HazCom Standard requires employers to maintain safety information on all hazardous substances used in the workplace—not just waste—and to ensure employees who use these substances understand the dangers and how to protect themselves (Haight, 2012).

Coordinated Help The EPA, OSHA, and DOT are not alone. The National Response Center (NRC) is a cooperative effort among 15 federal departments and agencies to coordinate all hazardous materials incident planning and response across the nation, under the framework of the EPA, DOT, and OSHA regulations and standards (Haight, 2012). The NRC coordinates with state and local emergency response planning agencies to ensure

EPA, DOT, and OSHA logos (Department of Labor, n.d.; Department of

Transportation, n.d.; U.S. Government, n.d.)

OSH 2303, Hazardous Materials Safety 3

UNIT x STUDY GUIDE

Title

consistency in emergency response and protection of the public (National Response Team, 2005). If an incident crosses local or state jurisdictions or local response teams become overwhelmed by the scope of an incident, an NRC team will be dispatched to provide assistance. All oil and chemical spills required to be reported under EPA and DOT regulations must be reported by telephone to the NRC. In addition, persons discovering a spill or release, even if they are not responsible, should contact the NRC (Haight, 2012). In recent years, the responsibilities of the NRC have been expanded beyond accidental releases of oil and hazardous substances to include intentional releases and terrorist activities. Safe containment and cleanup of hazardous material spills and releases begins with an understanding of the physical and chemical properties of the materials and their toxicity. Safety practitioners and industrial hygienists are involved with protecting employees from exposure to these substances in the workplace and are often the best source of the needed information; it is critical that an organization’s safety and health staff be involved in all spill and release-related planning and discussions. OSHA’s permissible exposure limits (PELs) are the regulatory standards for worker exposure that must be followed in all spill cleanup operations (Haight, 2012). The updating of OSHA’s PEL standards, however, has not kept pace with research that recommends lower exposure limits. Organizations may want to apply the threshold limit value (TLV) published by the ACGIH. These guidelines are updated annually and represent best practice solutions to worker exposures.

The geology, hydrology, and meteorology of the area affected by a spill or release also play a significant role in the planning process (Haight, 2012). Civil engineers and environmental specialists are often the sources for the needed information. Only after the necessary information is compiled can a plan be developed on who will respond, how they will respond, how they should be trained, and what equipment they will need. Effective planning is important to any response operation, but how do you know if the plans will be effective? Very simply, the plan must be practiced, and a critical evaluation should be conducted. The NRC is an excellent source for benchmarks against which plans can be measured (National Response Team, 2001).

Risk Assessment There is much uncertainty surrounding the effects of hazardous substance spills and releases on people and the environment. Since the 1980s, the EPA has promoted the use of risk assessment as a method to address

Preparedness components under the National Response System (National Response Team, 2005, slide 37)

OSH 2303, Hazardous Materials Safety 4

UNIT x STUDY GUIDE

Title

this uncertainty (EPA, 2013). The risk assessment process evaluates the probability of an adverse event—in our case, a hazardous substance release—and the severity of the harm it may cause to people, property, and the environment. While some of the risk assessment process is subjective and may depend on the knowledge and experience of the persons conducting it, there are also many resources available to increase reliability. One such resource is the EPA’s Integrated Risk Information System (IRIS), which is a database of hazardous materials and their known effects on human health and the environment. Risk assessments help sort out which events would result in the most serious consequences and which events are most likely to occur. The ones judged to be the higher risk become the priority for action. In some cases, it may be appropriate to not plan for the events that are highly unlikely to occur. Determination of these tolerable risks must be made at the highest level of organizational management. A side benefit of a risk assessment is often the replacement of a hazardous material with one that is less hazardous or nonhazardous. Workers will no longer be exposed, and the adverse consequences of a spill have been mitigated. While most people do not like to discuss cost when assessing risks to human health, it is important to know that organizations do not have an infinite amount of money to spend. Risk assessment can help determine the best use of available funds to protect people and the environment and allow the organization to remain viable. In the next unit, we will continue the discussion and look deeper into the requirements and best practices for developing spill response plans.

References Department of Labor. (n.d.). US-OSHA-logo [Image]. Wikimedia Commons.

http://commons.wikimedia.org/wiki/File:US-OSHA-Logo.svg Department of Transportation. (n.d.). Seal of the United States Department of Transportation [Image].

Wikimedia Commons. http://commons.wikimedia.org/wiki/File:US-DeptOfTransportation-Seal.svg Haight, J. M. (Ed.). (2012). Hazardous material management and hazard communication. American Society of

Safety Engineers. National Response Team. (2001). Hazardous materials emergency planning guide. Environmental Protection

Agency. https://www.epa.gov/sites/production/files/2014- 09/documents/cleannrt10_12_distiller_complete.pdf

National Response Team. (2005). The National Response System: Federal, state, and local governments

working together to protect Americans from threats to our land, air, and water [PowerPoint slides]. https://www.nrt.org/sites/2/files/NRT-NRS_Outreach_Presentation_12-16-09v10.ppt

Occupational Safety and Health Administration. (n.d.). Hazardous Waste Operations and Emergency

Response (HAZWOPER): Overview. United States Department of Labor. https://www.osha.gov/SLTC/emergencypreparedness/hazwoper/

United States Environmental Protection Agency. (1992). The guardian: Origins of the EPA.

https://archive.epa.gov/epa/aboutepa/guardian-origins-epa.html United States Environmental Protection Agency. (2013). About risk assessment: History of risk at EPA.

https://www.epa.gov/risk/about-risk-assessment United States Environmental Protection Agency. (2014). RCRA orientation manual 2014 (EPA Document No.

530-F-11-003). https://www.epa.gov/sites/production/files/2015-07/documents/rom.pdf U.S. Government. (n.d.). Environmental Protection Agency logo [Image]. Wikimedia Commons.

http://commons.wikimedia.org/wiki/File:Environmental_Protection_Agency_logo.png

OSH 2303, Hazardous Materials Safety 5

UNIT x STUDY GUIDE

Title

Suggested Unit Resources In order to access the following resources, click the links below. The Environmental Protection Agency (EPA) provides a summary of hazardous substance spill reporting requirements on the webpage below. United States Environmental Protection Agency. (2014). When are you required to report an oil spill and

hazardous substance release? https://www.epa.gov/emergency-response/when-are-you-required- report-oil-spill-and-hazardous-substance-release#oil%20spills

The Emergency Response Guidebook (ERG) is an essential document for any organization that handles hazardous substances. You can download the 2016 edition of the ERG below. Versions of the ERG for mobile devices are also available on the U.S. Department of Transportation (DOT) website. Pipeline and Hazardous Materials Safety Administration. (2016). 2016 Emergency response guidebook. U.S.

Department of Transportation. https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/ERG2016.pdf

Review the National Response Team’s Hazardous Materials Emergency Planning Guide (pp. 1–14) below. National Response Team. (2001, July). Hazardous materials emergency planning guide. Environmental

Protection Agency. https://www.epa.gov/sites/production/files/2014- 09/documents/cleannrt10_12_distiller_complete.pdf

Read the fact sheet below, which briefs the topic of hazardous waste operations and emergency response. Occupational Safety and Health Administration. (2004). Hazardous waste operations and emergency

response [Fact sheet]. U.S. Department of Labor. https://www.osha.gov/OshDoc/data_General_Facts/factsheet-hazardouswaste.pdf