Emergency Planning and Community Right to Know Act

EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW ACT

To provide guidance for hazardous materials incident notification and response, and off-site emergency planning and notification procedures as required by Title III of the Superfund Amendments and Re-Authorization Act of 1986 (SARA), currently known as the Emergency Planning and Community Right to Know Act (EPCRA).

II. OPERATIONAL CONCEPTS

A. General

1. For the purposes of this plan, a hazardous material is defined as 'Any substance or material, including radioactive materials, which, when uncontrolled, can be harmful to people, animals, property or the environment.' The DEM has been designated the Hazardous Materials Incident Coordinating Agency for Pierce County (Pierce County Code 2.118.030). Incident Coordinating Agency shall mean the agency which provides the planning, training and support to first responders and other on-scene agencies to facilitate a coordinated response to hazardous materials incidents.

2. Local government has the primary responsibility for protecting life and property threatened by hazardous materials incidents, except where this has been specifically preempted by state or Federal law or regulation. The state Emergency Management Division provides a single point of contact through the 24-hour phone number 1-800-258-5990 for notification of these state agencies, and for requesting specific state assistance.

3. It is the policy of Pierce County that planning and training activities under the scope of this Plan and under the requirements of EPCRA will be in support of and coordinated with the activities of the Local Emergency Planning Committee (LEPC) in Tacoma-Pierce County.

4. The LEPC, as established by EPCRA, is the group which coordinates the community planning for hazardous materials and the Community Right-to-Know program established under the Act.

5. DEM is a member of the Tacoma-Pierce County LEPC, which is currently chaired by the Tacoma Fire Department.

6. It is the policy of Pierce County to work in cooperation with jurisdictions within Pierce County upon request in complying with EPCRA. Any of these jurisdictions may be members of the Tacoma-Pierce County LEPC.

7. Community Right-To-Know information is filed for public availability in the office of the Tacoma Fire Department, 901 Fawcett Avenue, Tacoma, WA.

8. The LEPC has designated the Tacoma Fire Department as the agency to receive and file follow-up written reports from facilities concerning releases covered under Section 304 of Title III of the Superfund Amendments and Re-Authorization Act of 1986.

9. This annex outlines the general off-site emergency procedures as required by EPCRA for facilities in Pierce County. On-site emergency procedures are in individual facility plans.

10. It is the policy of Pierce County to respond to an oil spill with the same notification and response concept as it would use in any hazardous materials incident. Information on specific coordination needs is in appropriate Geographic Response Plans (GRPs) which cover Pierce County.

11. Planning has been done under OPA-90 with regards to the use and management of volunteers at a major oil spill. General policy for use of volunteers at spills which fall under the scope of OPA-90 is as follows:

a. No volunteers shall be used for beach clean-up. This is the spiller's responsibility, and due to the training requirements for the safety of persons doing clean-up, only persons who meet the training requirements of the Department of Labor and Industries (L&I), published in WAC 296-62-300 Part B, shall be used for beach clean-up.

b. Volunteers may be used for animal rescue and bird clean-up. These volunteers fall under the authority of the Department of Wildlife and their bird rescue program, which has established plans and procedures for this mission.

c. Any other volunteers which may be needed for support and administrative functions will work under the authority of RCW 38.52 and WAC 118.04 (Emergency Workers) and be under the supervision of the Pierce County DEM or other appropriate authority.

12. Infectious and bio-hazardous waste items, such as discarded needles, human blood, blood products and medical wastes are to be treated as hazardous materials under the scope of this plan. The Tacoma-Pierce County Health Department (T-PCHD) may provide guidance for Incident Command agencies on the cleanup, handling, and disposal of such materials.

13. The identification and elimination of clandestine drug labs is primarily a law enforcement responsibility. Law enforcement agencies may utilize the specific expertise of other departments relevant to the hazardous materials aspects of drug labs. This includes, but is not limited to communications, decontamination, fire suppression, clean-up and disposal services. The Pierce County Sheriff's Department (PCSD) has been designated as the Incident Command Agency for drug lab operations in Pierce County under the provisions of RCW 70.136.

14. The T-PCHD must be notified of all clandestine drug laboratory seizures. Response is made by T-PCHD personnel after the property has been secured. Under RCW 64.44 and WAC 246-205, the T-PCHD is mandated to perform certain actions after a clandestine drug laboratory seizure. Actions may include: investigation and assessment of the affected property to determine whether contamination has occurred; posting a warning notice on the premises; declaring the property unfit for use; requiring decontamination of the property in accordance with established standards; review of contaminated property cleanup reports to ensure verification that levels of hazardous chemicals are within applicable guidelines; and release of the property for re-occupancy.

B. Notification

1. The Pierce County LEPC has developed a Hazardous Materials Incident Notification procedure and worksheet (also called the 'Pink Sheet'). The Dispatch Copy of the worksheet includes the agencies which need to be notified. A training video is available on how to use this worksheet. The emergency notification procedures required by EPCRA have been incorporated into this worksheet.

2. The various public safety answering points (PSAPs) provide a single point of contact for notification of hazardous materials incidents. Any local agency or Title III facility becoming aware of a hazardous materials incident should immediately notify the appropriate fire dispatch by telephone or radio. The PSAP will attempt to get as much information about the incident as possible utilizing the Hazardous Materials Incident Worksheet - Dispatch Copy.

3. After being notified of a hazardous material(s) incident, PSAPs are responsible for making the following notifications:

a. The fire district in which incident occurred.

b. Appropriate local law enforcement, if necessary.

c. The Pierce County Fire Prevention Bureau, if necessary.

d. The T-PCHD, if necessary.

e. DEM duty officer, if necessary.

f. The state Emergency Management Division duty officer.

4. It is the policy of Pierce County that on all hazardous materials incidents the local fire district and the state Emergency Management Division shall be notified.

5. If a spill is from the fuel tank of a motor vehicle, the T-PCHD, Fire Marshal, or DEM need not be notified, unless the Incident Command Agency feels the expertise of services of one or more of these agencies is needed. If the spill is from another source, these departments need to be notified, and from the information gathered on the Incident Worksheet, each will make a decision as to whether or not to respond.

6. Other notification systems for the cities of Fife and Tacoma have been developed, such as the Tide Flats Mutual Aid Plan (TIMAP) which links the Tacoma Fire Communications Center with major industries in the tide flats area. Systems such as this may be used for additional notifications.

C. Response

1. Most Pierce County Fire Districts have designated themselves as the Incident Command Agency under RCW 70.136. Where the local fire district has not, the Washington State Patrol is the Incident Command Agency.

2. The Incident Commander may request the support of TAC-1, the Sheriff's Tactical Unit, to act as a command post. If available, TAC-1 can provide support for communications and incident command.

3. The EOC may be activated if requested by the Incident Command Agency or by a response agency to support on-scene operations. On-scene agencies should provide the EOC with situation reports (sitreps) on operations and needs.

4. The two primary strategies for public protection in the case of an event are, evacuation and shelter-in-place. The decision on what strategy to use is made by the on-scene Incident Command Agency with input from whatever technical expertise may be available (see ESF 24).

5. It is the policy of Pierce County that employees who are not assigned to do tasks which would require them to come into direct contact or handle hazardous materials themselves, shall need only 'First Responder Awareness Level' training in accordance with WAC 296-62-3112.

6. It is the policy of Pierce County that if the specific job assignment requires an employee handle or come in direct contact with hazardous materials products themselves at an incident site, appropriate higher levels of training as required by WAC 296-62-3112 shall apply.

D. On-scene Management

1. The Incident Command Agency is responsible for assessing the situation and making determinations of appropriate actions.

2. It is the policy of Pierce County that response to hazardous materials incidents in Pierce County shall follow the concept of an Incident Command System (ICS). Some improvisation may be necessary to accommodate special circumstances, and the structure of an ICS would depend on the scope of the incident. For the purposes of this plan, the Incident Commander is the on-scene manager responsible for ensuring each response agency on scene can carry out their responsibilities.

III. RESPONSIBILITIES

A. Pierce County Department of Emergency Management

Coordinate the provision of additional resources at the request of local response agencies or an Incident Command Agency.

B. Pierce County Sheriff's Department

1. Provide traffic control, area security, communications support and evacuation.

2. Provide the Tactical Unit (TAC-1) for an on-scene command post, upon request.

3. Act as the Incident Command Agency under RCW 70.136 for activities related to illegal drug labs.

C. Tacoma-Pierce County Health Department

1. Act as an advisor to the Hazardous Materials Incident Command agencies on personnel protection, public health, situation assessment, environmental impacts and identification of unknown products.

2. Assist the Hazardous Materials Incident Commander with information on handling, cleanup and disposal techniques or contacts for cleanup and disposal contractors.

3. May provide public notice for health problems related to hazardous materials spills.

D. Pierce County Fire Prevention Bureau

1. Act as advisor to the Hazardous Materials Incident Commander on the enforcement of all county codes relating to the storage, use and handling of flammable, explosive, combustible, toxic, corrosive and other hazardous materials.

2. Responsible for the inspection and declaration of unsafe buildings and evacuation of buildings when there is a threat to the occupants' life or safety.

E. Fire Services

1. Provide initial efforts of response to and size-up of hazardous materials incidents, and contacting and coordinating proper outside authorities for assistance if necessary.

2. May assume role of On-scene Incident Commander at hazardous material(s) incident(s).

F. Facilities - TITLE III

1. Designate Facility Emergency Coordinators and notify the Pierce County LEPC of any changes.

2. Provide initial and updated emergency contacts, hazard analyses, capability assessments, Tier II information, Material Safety Data Sheets (MSDS) or list of chemicals, and other required information to the LEPC, state Emergency Response Commission, and the local Fire Department as required by the Act.

3. Update Tier II forms annually to the LEPC, state Emergency Response Commission and the local fire department.

4. Provide Section 313 information (Form R) to the Environmental Protection Agency, if required.

5. Develop procedures for determining if there has been a release of chemicals in accordance with the Act and appropriate on-site response procedures for facility personnel.

6. Provide emergency notification and follow-up written notice of any release in accordance with the Act and this Plan.

G. Other Departments (as appropriate)

Provide assistance upon the request from DEM in accordance with responsibilities and capabilities as outlined in other parts of this plan.