PREPARING FOR AND RESPONDING TO

ENVIRONMENTAL EMERGENCIES

Suzanne Ilene Schiller, Esq.Michael C. Nines, P.E., LEED AP

Manko, Gold, Katcher & Fox, LLP

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In 2011, nearly 20% of all incidents reported to Pennsylvania Emergency Incident Reporting System (PEIRS) were related to hazardous materials or petroleum

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Infrastructure – 3,926

Hazardous Materials – 2,033

Topics

Legal Framework for Environmental Emergencies Planning for Environmental Emergencies

Identifying Sources of Potential Environmental Hazards

Special Response Considerations for Environmental Emergencies

NIMS/ESF #10 Oil and Hazardous Materials

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PA Legal FrameworkEmergency Management Services Code, 35 Pa.C.S.

Sections 7101-7707 (1978)

Intrastate Mutual Aid Act (Act 93 of 2008) , 35 Pa.C.S. Sections 7331-7340

Hazardous Material Emergency Planning and Response Act, Pennsylvania Act 1990-165

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Emergency Management Services Code

Directs and authorizes every county, city, borough, incorporated town, and township to have an emergency management program that includes:

an Emergency Management Coordinator (EMC) an Emergency Operations Plan (EOP) an Emergency Operations Center (EOC)

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Intrastate Mutual Aid ActCreates a system of mutual aid between political subdivisions.

“It shall be the responsibility of each participating political subdivision with jurisdiction over and responsibility for emergency management within that political subdivision to . . . [i]dentify potential hazards that could affect the participating political subdivision . . . “

35 Pa. C. S. Section 7334(c)(1)

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Hazardous Material Emergency Planning and Response Act Implements SARA Title III (Emergency Planning

and Community Right-To- Know Act or EPCRA) EPCRA has four provisions:

Emergency Planning Emergency Release Notification Hazardous Chemical Storage Reporting

Requirements Toxic Chemical Release Inventory

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Hazardous Material Emergency Planning and Response Act (cont.) Requires a Local Emergency Planning Committee

(LEPC) in each county to develop emergency response plans for facilities which contain certain hazardous chemicals in amounts over specific thresholds

Requires reporting of a release of any “reportable quantity” of a hazardous substance

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Hazardous Material Emergency Planning and Response Act (cont.) Requires certain facilities to prepare or have

Material Safety Data Sheets for hazardous chemicals it has on site, in excess of certain amounts

Requires certain facilities to report the chemicals that are on site

Requires reporting of routine toxic chemical emissions from certain facilities

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Planning for Environmental Emergencies You can’t manage what you don’t measure. Know potential risks and hazards in your Township. Environmental regulations require permitting, reporting,

and/or other approvals to control impacts from various industries, developments, and commercial operations.

Helpful planning information is readily ascertainable through publicly available data resources.

Federal and State databases and Geographical Information System (GIS) tools will be explored. Free solution for “data mining” – just need the time to

research.

Readily Ascertainable Information to Help You Plan Hazardous Waste Generators

where are they and what wastes do they generate? Sources of emissions of Hazardous Air Pollutants

where are stack vents, what is volume of pollutants routinely emitted to atmosphere?

Storage of Hazardous substances where are petroleum and other hazardous materials

stored? Releases of Toxic Substances

indicator of throughput of toxic materials at a given site. Locations of Radiation Producing equipment

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Electronic Tools as a Starting Point

PADEP’s eMAP USEPA’ Enforcement Compliance History On-line (ECHO) USEPA’s Toxic Release Inventory Google Earth

FEMA National Flood Hazard Layer (NFHL) Are sites of concern identified in databases within a floodplain?

Private Well mapping with PA Groundwater Records Online

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PADEP’s eMAP

USEPA ECHO

USEPA TRI Explorer

Google Earth NFHL

Google Earth NFHL

Next Level of Analysis Conduct review of local Fire Department Records

Tier II reporting of hazardous substances should have been submitted by regulated entities storing more than 10,000 pounds of hazardous materials or less for extremely hazardous substances.

Conduct Review of State Agency files under FOIA request. Would obtain detailed information related to air permits,

wastewater discharges, well installations, etc.

Determine Emergency Coordinator at Facilities of Concern

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Special Response Considerations for Environmental EmergenciesPADEP Emergency Response Phone Numbers:

https://www.portal.state.pa.us/portal/server.pt/community/report_an_incident/6010Statewide: 1-800-541-2050

Certified PA HazMat Teams:http://www.pema.pa.gov/planningandpreparedness/Documents/Certified%20Hazardous%20Materials%20Teams%20Feb%202014.pdf

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Response ConsiderationsDrinking Water

Identify Wells Within Jurisdiction, Registered and Unregistered

Identify Existing Monitoring Programs Identify Alternative Sources of Drinking Water

Air Identify Potential Sources of Air Emissions Identify Existing Monitoring Programs Prepare for “Shelter in Place” or Evacuation

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Response ConsiderationsKnow Your Local Resources

Supplies Home Depot, Lowes Pharmacies

Food Wawa/Sheetz

Communications Rental Community Managers Mobile Home Community Managers

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National Response FrameworkEmergency Support Functions

ESF Coordinator

Primary Agencies

Support Agencies

ESF #10 – Oil and Hazardous Materials

“Hazardous Materials” is a general term intended to mean hazardous substances, pollutants, and contaminants as defined in the National Contingency Plan. Hazardous materials include chemical, biological, and radiological substances, whether accidentally or intentionally released.

Provides mechanism for coordinating Federal assistance to supplement state and local response to a potential or actual discharge of oil and/or an uncontrolled release of hazardous material.

ESF #10 Structure

EPA is the Coordinating Agency EPA is the Primary Agency for inland discharges

US Coast Guard is the Primary Agency for coastal discharges

ESF #10 Structure Supporting Agencies:

Department of Agriculture (provides logistics support) National Oceanic and Atmospheric Administration

(provides modeling of spread of contamination) Department of Energy (advises on removal and

disposal of radioactive contamination) Department of Health and Human Services (assesses

health hazards) Department of the Interior (supports protection of

natural and cultural resources) Department of Defense (directs response for release

of its own hazardous materials)

Actions Taken Under ESF #10 Assessment

Contain, stabilize, treat and dispose

Issue Permits for treatment, disposal

Monitor air and water

Questions?

Suzanne Ilene Schiller, Esq. – 484-430-2354

Michael C. Nines, P.E. – 484-430-2350

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